Yuba City City Council
June 18, 2024

City of Yuba City
List of Capital Improvement Program Projects
Other Fund with Current Funding
FY 2024-2025
Fund XXX - Other Funded Dept.
2024-2025
Approp. Funds
Project
Note
Carryover
Balance
Estimated Adopted Total
921 Active Transportation Plan PW * 299,000 299,000 9
924 Shasta and Alturas Bus Stop Improvements PW * 100,000 100,000 12 927 Garden Highway Improvements PW * 64,000 64,000 10
9211 Bird St. and Market St. Safety Improvements PW * 41,000 41,000 13 9516 442 B Street Environmental Assessment DS 2,086,000 * 2,086,000 11 901023 City Hall Improvements PW 234,000 * 234,000 3
901072 Property Abatement DS * 90,000 90,000 10
901080 General Plan Implementation and Future Update DS * 300,000 300,000 14 921180 Consolidated Streetlight District-Acquisition and Conversion PW 823,000 823,000 4 981252 Wastewater Treatment Facility Improvements PW 1,375,153 1,375,153 7 971258 Barry School Water Transmission Line PW 499,628 * 749,157 1,248,785 10 901268 Plumas Street Improvements PW 1,385,000 * 1,385,000 9 971273 FEMA Feather River Parkway PW * 86,552 86,552 5
981277 Harter-Bridge Sewer Trunk Connection PW 2,000,000 * 2,000,000 6 901278 Police Dept Evidence Storage Building PW 539,000 * 539,000 3 901292 Citywide IT System Modernization IT 20,000 20,000 6 901294 City Welcome Signs PW 100,000 * 100,000 2
921295 Bogue Road Improvements - State Route 99 to Railroad Avenue PW 1,877,039 * 1,877,039 6 921297 Prop 1 IRWM - Lincoln Road Trash Capture Project PW 285,000 * 285,000 11 921302 Walton Avenue Improvements PW 4,300,000 * 4,300,000 16 901305 Bocce Ball Courts Sam Brannan Park CS 292,460 292,460 8 901313 ERP/HR/Payroll/Utility Billing Upgrade IT 1,000,000 500,000 1,500,000 3 921314 Citywide Signal Hardware Upgrades PW 548,200 * 548,200 1 921315 Roadway Safety Signing Audit and Upgrades PW 1,509,000 1,509,000 1 921316 Pedestrian Safety Crosswalk Upgrades PW 184,000 184,000 1 921317 SHS Signal Hardware Upgrades PW 510,000 510,000 1 921319 EV Charging Stations PW 191,000 191,000 13
971320 Aquifer Storage Recovery System PW 5,975,153 * 5,975,153 5 981328 Recycled Water Preparation PW 250,000 * 250,000 5 951330 Urban Community Drought Relief Program PW 3,355,152 3,355,152 10 Total $31,568,494 Notes:
$29,515,337 $2,053,157
* Multiple funding sources exist for this project. See individual project sheet for breakdown. 1 Funded by State Highway Improvement Program
2 Funded partly through Sacramento Area Council of Governments grant (SACOG) 3 Funded through H.R. 1319 American Rescue Plan
4 Funded through Consolidated Streetlight District Funds 5 Funded partly through the Bureau of Reclamation
6 Funded partly through the LWCF/ARPA grant funds and contributions through the Harter Specific Plan 7 Funded partly by Bond/Loan Financing
8 Funded through Yuba Sutter Special Olympics Grant
9 Funded through the Caltrans Clean California Grant
10 Funded through the State Revolving Fund
11 Funded through Equitable Community Revitalization Grant 12 Funded through Yuba Sutter Transit
13 Funded through FRAQMD's Blue Sky Grant
14 Funded through LEAP Grant
15 Funding through State CEC Grant
16 Funded through Federal CMAQ, Regional Surface Transportation/Surface Transportation Block Grant Program 17 Funded through FEMA and OES
CIP FY24-25: 116 of 116

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: FY 2024-2025 Citywide Sole Source & Professional Services Purchases Recommendation: Adopt a Resolution pre-authorizing the City Manager or designee to enter into citywide sole source and professional service purchases from July 1, 2024, through June 30, 2025, for specified items based on each purchase recommendation being in the best interest of the City
Fiscal Impact: The listed purchases throughout the fiscal year 2024-2025, which must conform to the currently approved budget and purchasing policies, represent up to an estimated $8,757,000 in existing or planned sole source agreements, professional service agreements and other frequently used vendors.

Purpose:

Approve known future and reoccurring sole source and professional service purchases in the 2024- 2025 fiscal year.

Council's Strategic Goal:

This item supports the City Council priority of fiscal responsibility.

Background:

The purpose of this staff report is to consolidate known future and mostly reoccurring sole source and professional service purchases in the fiscal year 2024-2025. This approach streamlines purchases during the year and allows the City Council to have a broader knowledge of the upcoming sole source and professional service purchases. In 2008, the City Manager sought to improve efficiency and streamline routine large purchases by placing all known, professional service and sole source purchases required to go before City Council due to exceeding the City Manager’s purchasing authority onto one agenda item that serves to streamline the agendas. To continue to improve the process, all multi-year professional service and sole source purchases are included in the staff report to provide the most transparency, even though the current Council, or a previous Council, had awarded the contract on a previous agenda.

The City’s updated purchasing policy, effective March 2, 2022, authorizes the City Manager to enter into purchase agreements up to $100,000 without City Council approval. Therefore, vendors appearing

in the analysis section attached include those providing support, maintenance, or upgrades for proprietary equipment. The vendors listed provide enough work and service for the City of Yuba City to potentially bring them above the $100,000 City Manager purchasing threshold in a fiscal year. Some vendors listed are continuing a multi-year agreement that totals over $100,000 over the life of the contract, which may have been competitively selected and awarded by the City Council already.

Additionally, some of the vendors listed are subject to the Public Contract Code wherein the threshold is $60,000, but are included for public, City Council, and staff knowledge.

Analysis:

All such contracts and purchasing will continue to follow the Purchasing Policy, as adopted by the City Council, sections 9-1 through 10-8. Additionally, formal bid purchases will continue to go through the formal bid process outlined in the City’s Purchasing Policies and Procedures, along with any sole source, professional services, and commodity purchases that are not in this report.

A sole source purchase is appropriate when:
• An integral repair part or accessory compatible with existing equipment is only available from one vendor, or
• A product has a unique design/performance specification or quality requirements essential to department operations, or
• There is only one known manufacturer or is the only authorized seller/service provider of the product in the region, or
• Staff has specialized training or expertise with a product and retraining is substantial, or • Upgrading existing software, making emergency purchases, or special situations as they arise, or
• An emergency purchase arises, or
• A public project procurement under the established requirement established by Public Contract Code Section 22032(a), or
• Special situations as they arise.

If there is a change in circumstances such that any sole source, professional services or commodity purchases would not be warranted under the Purchasing Policy, staff will return to the City Council for approval as to another vendor, etc., as appropriate.

With City Council approval of staff’s recommendation, the departments will still be required to work within their approved budgets for the fiscal year 2024-2025 and comply with the adopted Purchasing Policy when making purchases. The items in Attachment 2 were considered by City Departments when building their budgets and are expected not to affect budget reduction scenarios.

Fiscal Impact:

The listed purchases throughout the fiscal year 2024-2025, which must conform to the currently approved budget and purchasing policies, represent up to an estimated $8,757,000 in existing or planned sole source agreements, professional service agreements and other frequently used vendors.

Alternatives:

Direct staff to formally bid on some or all of the attached sole source purchases and solicit proposals for the professional services agreements.

Recommendation:

Adopt a Resolution pre-authorizing the City Manager or designee to enter into citywide sole source and professional service purchases from July 1, 2024, through June 30, 2025, for specified items based on each purchase recommendation being in the best interest of the City.

Attachments:

1. Resolution

2. List of Applicable Vendors, Estimated Amounts, and Descriptions

3. Purchasing Policy Excerpt

4. Public Contract Code 22032
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

PRE-AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO

CITYWIDE SOLE SOURCE AND PROFESSIONAL SERVICES PURCHASES FROM JULY 1, 2024 THROUGH JUNE 30, 2025

BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:

WHEREAS, the City of Yuba City is a public entity established under the laws of the State of California, and
WHEREAS, the City of Yuba City has a City Council adopted Purchasing Policy that provides direction to staff on all professional service and sole source agreements, and WHEREAS, the City Council of the City of Yuba City has the intent to keep the efficient approval of routine and annual purchases through negotiated professional service and sole source agreements with well-vetted and competent vendors while maintaining transparency, and WHEREAS, such a process promotes the efficient use of public resources, and is in the best interests of the City; and
WHEREAS, the City Council desires to authorize the City Manager, or designee, to enter into contracts with the vendors on the attached list, to be updated and brought before City Council annually.

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

1. From July 1, 2024 through June 30, 2025, the City Council pre-authorizes the City Manager, or designee, to enter into agreements with vendors, service providers, etc., as identified in Attachment 2, and in the amounts not to exceed those identified therein. The City Manager, or designee, shall otherwise have discretion as to the terms of said agreements, subject to review and approval of the City Attorney as to legal form. The actual selection and award of such contracts and purchasing items will continue to comply the City’s adopted Purchasing Policy as may be amended. If there are circumstances such that an award of any sole source, professional service or commodity purchase to a preauthorized business or person would not otherwise be warranted under the Purchasing Policy, then the award shall not be made to that pre-authorized person or business.

Instead, the City Manager or designee will return to the City Council to obtain approval as to another person or business who would be appropriately awarded the bid or agreement consistent with the Purchasing Policy, unless the City Manager was otherwise authorized to make such an award under the Purchasing Policy or other authority previously granted by the City Council.

2. The City Council finds that the pre-authorization as provided for herein promotes the efficient use of public resources, and is in the best interests of the City.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Citywide Purchases:

BEST BEST & KRIEGER, LLP of Sacramento, CA
Professional services agreement in the estimated amount of $185,000 for personnel and other matters.

BLAIS & ASSOCIATES of Little Elm, TX and Irvine, CA
Grant monitoring and support services in the estimated amount of $200,000 per calendar year.

COP SHOP INSTALLATIONS of Yuba City, CA
Sole source purchases in the estimated amount of $150,000 for the purchase and installation of emergency vehicle accessories for Police and Fire Department vehicles such as light bars, decals, sirens, scanners, opticoms, etc.

LANDSCAPES BY STENTZEL of Live Oak, CA
Technical services in the estimated amount of $250,000 for maintenance of Landscape Maintenance Districts (LLMD) and unfunded City street trees as part of RFP Contract No. 21-01.

LIEBERT, CASSIDY & WHITMORE, INC of Los Angeles, CA
Professional services agreement in the estimated amount of $150,000 for labor relations consulting services.

Development Services Purchases:

ASCENT ENVIRONMENTAL, INC of Sacramento, CA
Professional services agreement in the estimated amount of $150,000 for providing environmental, planning, and design services.

DENIS COOK, LAND USE PLANNING CONSULTING of Thousand Oaks, CA Professional services agreement in the estimated amount of $125,000 for assistance on an as-needed basis in the processing of land use entitlement applications including but not limited to General Plan Amendments, Specific Plans, Rezoning Tentative Subdivision and Parcel Maps, Use Permits, Variances and other entitlements or studies. Work may also include preparation of staff reports, ordinances, resolutions, legal notices and other items as needed. Includes preparation of environmental documentation for compliance with the California Environmental Quality Act (CEQA). Assistance may include other Planning or Local Agency Formation Commission (LAFCO) related items.

ENVIRONMENTAL SCIENCE ASSOCIATES of Sacramento, CA
Professional services agreement in the estimated amount of $150,000 for providing environmental consulting services for planning and zoning projects.

PLACEWORKS of Santa Ana, CA
Professional services agreement in the estimated amount of $350,000 for general plan updates, zoning code updates, and associated environmental work.

Finance/IT Purchases:

CENTRAL SQUARE TECHNOLOGIES of Lake Mary, FL.

Sole source in the estimated amount of $160,000 for the City’s financial system annual maintenance agreement. This system is a collection of software modules that integrate to form a single system. Pentamation is the developer and sole distributor of their software.

LENOVO GLOBAL TECHNOLOGY of Morrisville, NC
Sole source computer purchases in the estimate amount of $200,000 for fiscal year 23-24 at prices not to exceed the California Multiple Award Schedule (CMAS) contract price for Lenovo Global Technology.

SOFTWARE ONE of Waukesha, WI
Sole source in the estimated amount of $150,000 for the City’s Microsoft Enterprise Agreement annual maintenance. This agreement provides software for desktops, servers and applications including Office, email and databases. Software One is the designated reseller in our state by Microsoft and is the only authorized reseller for all organizations in the State of California.

SUTTER BUTTES COMMUNICATION of Yuba City, CA
Sole source in the estimated amount of $140,000 for parts, installation, radio service and warranty for patrol vehicles, fire vehicles, and the communication center. Sutter Buttes has been providing services for the City for many years and is very familiar with the parts and installation that are needed to keep our radio communications working.

MOTOROLA SOLUTIONS, INC of Schaumberg, IL
Sole source in the estimated amount of $140,000 for portable radios and accessories for personnel and vehicles.

AXON of Scottsdale, AZ
Sole source in the estimated amount of $140,000 for the annual maintenance agreement of the Police Department’s in-car and body camera equipment, as well as the cloud storage for video recordings.

Fire Purchases:

ALLSTAR FIRE EQUIPMENT OF HAYWARD, CA
Sole source contract in the estimated amount of $192,000 for Fire Department purchases of Phos-Check Class A and Angus AR-AFFF Class B concentrated firefighting foam, structural firefighting helmets, hose, and Lyon structural firefighter turnouts.

LN CURTIS & SONS of Oakland, CA
Sole source contract in the estimated amount of $200,000 for Fire personal protective equipment, hose and apparatus equipment, and vehicle extrication equipment. LN Cutis & Sons has exclusive contracts with many manufacturers of Fire Equipment used by the Yuba City Fire Department. Standardization of equipment for all fire units is necessary for efficient use in emergencies.

Public Works Purchases:

Professional Services:

CALTEST of Napa, CA
Professional services in the estimated amount of $210,000 for contracted laboratory and stormwater testing services.

DU-ALL SAFETY of Fremont, CA
Professional services in the estimated amount of $150,000 for the continued development and implementation of safety programs, employee training, and compliance services.

ERS INDUSTRIAL SERVICES of Fremont, CA
Professional and technical services in the estimated amount of $200,000 for support of the Water Treatment Plant, including the five-year filter surveillance.

LARRY WALKER ASSOCIATES of Davis, CA
Professional services in the estimated amount of $300,000 for consulting services related to the WWTF NPDES permit renewal, storm-water management, and Utilities CIP projects. Additionally, develop a calculation model and prepare a technical memorandum evaluating local limits for Significant Industrial Users based on the 2024 WWTF NPDES permit provisions.

PACIFIC ECORISK of Fairfield, CA
Professional services in the estimated amount of $125,000 for contracted laboratory services.

SOMACH SIMMONS & DUNN of Sacramento, CA
Professional services in the estimated amount of $250,000 for legal services for water rights and supply issues.

TM PROCESS & CONTROLS, INC. of Elk Grove, CA
Professional and technical services in the estimated amount of $200,000 for support of the electrical, SCADA, and instrumentation systems at the Water and Wastewater Treatment Facilities.

ZANJERO of Sacramento, CA
Professional services in the estimated amount of $200,000 for water planning and supply consultant services.

Technical Services:

ALL-AMERICAN CONSTRUCTION, INC. of Live Oak, CA
Sole source in the estimated amount of $120,000 for on-call construction services on a time-and-materials basis for public works projects of $60,000 or less in accordance with Public Contract Code Section 22032(a).

COMMERCIAL PUMP & MECHANICAL, INC. of Chico, CA
Sole source in the estimated amount of $325,000 for on-call mechanical, pump repair, upgrades, and full installation services on a time-and-materials basis for the City’s infrastructure maintenance.

DOS RIOS of Yuba City, CA
Sole source in the estimated amount of $175,000 for construction services to be provided for the Water Treatment Plant.

FEATHER RIVER ELECTRIC MOTORS, LLC of Durham, CA
Sole source in the estimated amount of $175,000 for on-call services and parts on a timeand-materials basis for the water and wastewater systems.

H & H TRENCHING of Arboga, CA
Sole source in the estimated amount of $120,000 for on-call construction services on a time-and-materials basis for public works projects of $60,000 or less in accordance with Public Contract Code Section 22032(a).

KINNEY ELECTRIC & POWER TRANSMISSION, INC. of Yuba City, CA Sole source in the estimated amount of $175,000 for on-call services and parts on a timeand-materials basis for the water and wastewater systems.

MICHELS CORPORATION DBA MICHELS PIPELINE CONSTRUCTION of Salem, OR Sole source in the estimated amount of $200,000 for water infiltration, manhole rehabilitation, storm drainage system, and related on-call services for the sewer collection system.

NEWLAND ENTITIES of Marysville, CA
Sole source in the estimated amount of $120,000 for on-call construction services on a time-and-materials basis for public works projects of $60,000 or less in accordance with Public Contract Code Section 22032(a).

NORTH STAR CONSTRUCTION AND ENGINEERING, INC. of Yuba City, CA Sole source in the estimated amount of $180,000 for on-call construction and engineering services on a time-and-materials basis for public works projects of $60,000 or less in accordance with Public Contract Code Section 22032(a).

RICHALL ELECTRIC CO. of Yuba City, CA
Sole source in the estimated amount of $150,000 for on-call electrical services on a timeand-materials basis, including emergency and afterhours work, for all City facilities.

S & S AG AND CONSTRUCTION SERVICES INC of Gridley, CA
Sole source in the estimated amount of $175,000 for on-call scraping, excavation, hauling, and deep ripping of Water and Wastewater Treatment Facilities and other related services.

TELSTAR INSTRUMENTS of Sacramento, CA
Sole source in the estimated amount of $125,000 for on-call instrumentation system support, annual flowmeter calibration, and preventative maintenance.

TESCO of Sacramento, CA
Professional services in the estimated amount of $150,000 for instrumentation system support, preventative maintenance services, and proprietary materials and parts at the Water Treatment Facility, Wastewater Treatment Facility, Corp Yard, and other City facilities.

XYLEM WATER SOLUTIONS USA, INC. of Rye Brook, NY and Fairfield, CA Sole source in the estimated amount of $250,000 for parts and services for specialty pumps, parts, and supplies for the Water and Wastewater Treatment Facilities.

Sole Source Purchases:

BADGER METER of Santa Rosa, CA
Sole source in the estimated amount of $250,000 for the continued provisions of the water meter reading system, such as software support and water meter equipment and repair parts.

FRANK OLSEN COMPANY of Livermore, CA
Sole source in the estimated amount of $150,000 for purchasing valves and actuators for the Water Treatment Plant and Wastewater Treatment Plant’s conventional filters.

POLYDYNE, INC. of Riceboro, GA
Sole source in the estimated amount of $700,000 for polymer for the wastewater treatment process.

REXEL USA, INC. of Yuba City, CA
Sole source in the estimated amount of $250,000 for electrical parts, supplies, and services for the Water and Wastewater Treatment Facilities.

MISCOWATER of Pleasanton, CA
Sole source in the estimated amount of $150,000 for pumps, panels, parts and supplies for the Water and Wastewater Treatment Facilities.

SHAPE INCORPORATED of Pleasanton, CA
Sole source in the estimated amount of $150,000 for pump parts, repairs, and service for Flygt-brand equipment.

ATTACHMENT 3

SECTION 9: SPECIAL PROCUREMENT CIRCUMSTANCES
9-1. Finance Department Procurements
The Finance Department is charged with the duty to contract for purchase of the following equipment, materials, and services:

1. New or replacement vehicles or equipment

2. Items purchased from state contracts

3. Computer hardware and software (through the Information Technology Division)

4. Other items as may be determined in the future

5. When it is in the best interest of the City to negotiate an extension of an existing contract for supplies or technical services, based on satisfactory performance.

Such negotiated price must be fair and reasonable. This shall also apply to products or services purchased through prior recent bidding. 9-2. CDBG and Other Applicable Federal Grants:

In compliance with the City’s Community Development Block Grant, HOME funds, and other applicable federal funds administered by the United States Department of Housing and Urban Development (HUD), procurement procedures shall comply with federal regulations (24 CFR 85.36). The City will follow the Office of Management and Budget Guidance 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
9-3. Sole Source Purchases:

When competitive quotations for goods and services are not possible, such purchases shall be made through negotiated procurement. Sole source purchases may require City Manager or City Council approval, based upon procurement limits and Municipal Code requirements.

A sole source justification form must be signed by the requestor’s Department Head and City Manager (if applicable), then forwarded to the Finance Department and filed to justify the sole source purchase. Sole-source specifications should be avoided whenever possible as they minimize or eliminate competition.

When the use of said sole-source vendor is expected to be repeated or ongoing, the operating department may indicate that it is a “recurring” sole source on the sole source justification form. The sole source justification shall then be valid for three years from date of approval by the Department Head.

9-3.1. Sole Source is Appropriate When:

1. The requested product is an integral repair part or accessory compatible with existing equipment and is only available from one vendor.

2. The requested product has unique design/performance specifications or quality requirements which are essential to department operations and are not available in comparable products.

3. Only known manufacturer of this product.

4. The requested product is one with which department staff have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or money.

5. Only vendor authorized to sell/service this product in our region.

6. Upgrade to existing software. Available only from the producer of this software who sells on a direct basis only.

7. Emergency purchase.

8. Public project procurements under the requirements established by Public Contract Code Section 22032(a).

9. Special situations as they arise.
9-3.2. City Manager Approval:

Sole source requests between $50,000.01 and $100,000 require the approval of the City Manager.
9-3.3. City Council Approval:

Sole source requests over $100,000 require the approval of the City Council. 9-4. Emergency Purchases up to $100,000 (Not for Public Projects):

Emergency purchases may be made without the benefit of competitive bidding when time is of the essence. Emergency purchases should be made only for the following reasons: (1) to preserve life, health, or property; (2) upon a natural disaster; (3) to correct or forestall a shutdown to maintain essential public services; or (4) other unforeseeable events (as authorized by the City Manager). Emergency purchases are not valid for contrived urgencies resulting from lack of planning and organization. Since emergency orders do not normally provide the City an opportunity to obtain competitive quotes, nor properly encumber funds, such orders should be kept to an absolute minimum. Emergency purchases shall be approved by the Department Head or designee. 9-5. Emergencies Over $100,000 (Not for Public Projects):

Emergency purchases over $100,000 require the approval/signature of the City Manager.

The City Manager shall provide a report after any emergency purchase over $100,000 at the next City Council meeting following the emergency purchase. 9-6. Emergency Public Projects:

Public projects shall be completed according to Public Contract Code 22050 and the City’s Municipal Code Section 2-6.15.

9-7. Cooperative Purchases:

The City may participate in purchases and contracts conducted by other political jurisdictions, provided that the cooperative agreement is established following a competitive bid process. In a cooperative purchase, one agency represents several agencies by soliciting bids including the needs of the other agencies in the bid specifications. This higher product volume may result in lower unit cost for all agencies, and also reduces the time and cost of the City administering its own bid process.

Needed documentation includes:

1. Copy of the other jurisdiction’s bid document(s)

2. Any Board or Council action awarding the contract

3. The contract documents
The City Manager may authorize the award of cooperative purchase agreements for amounts not more than $100,000; City Council approval is required for the award of any cooperative purchase exceeding $100,000.
9-8. Piggyback onto Existing Contract:
“Piggybacking” is the use of an existing contract for goods between another government agency and a vendor for the purchase of those same goods. When piggybacking onto a contract, the City must use the terms of the contract and price of the item must be as specified in the contract or awarding document. The contract for consideration must have been awarded through a competitive bidding process prepared and awarded by another local, state, or federal government agency.

Needed documentation includes:

1. Copy of the other jurisdiction’s bid document(s)

2. Any Board or Council action awarding the contract

3. The contract documents
The City Manager may authorize the award of piggyback purchases for amounts not more than $100,000; City Council approval is required for the award of any piggyback purchase exceeding $100,000.
9-9. Exemptions from Obtaining a Purchase Order:

The Finance Department shall maintain an approved direct pay list for which no purchase order is required due to unique purchasing circumstances, such as invoices from government agencies, utility providers, and subscription services.

The following is a non-inclusive list of the direct pay categories and/or vendors at the time of policy adoption:

The following is a non-inclusive list of the direct pay categories and/or vendors at the time of policy adoption:
• Actuarial studies
• Advertising
• Assessment district administration costs
• Attorney services
• Bond issuance costs (bond counsel, rating agency fees, and trustee fees) • Cafeteria plan administration
• CDBG and Home Rehabilitation Loans
• Claim settlements (for liability claims)
• Conference or seminar registration
• Copy machine maintenance and leasing under contract
• Debt service payments
• Department of Health Services
• Department of Water Resources
• Deposit refunds
• Document destruction
• Downtown Business Improvement District remittance of cash receipts • Employment Development Department
• Family Intervention Team program expenditures
• Feather River Air Quality Management District
• Fingerprinting (Department of Justice)
• Fingerprinting (Sutter County – Live Scan)
• Fire Department stipend checks
• Fuel for storage tanks
• General Liability insurance premiums
• Gilsizer Drainage District
• Housing consultant
• Land/property
• Lobbying activities
• Meals (per diem or travel reimbursement)
• Membership dues
• MuniFinancial
• Net 5 purchases (Secretary, City of Marysville)
• Office equipment O&M
• Office supplies (consumable only)
• Parking Citation Hearing Officer
• Payroll deduction remittances
• Petty cash reimbursements
• Postage & freight
• Pre-employment physicals, medical blood, DATCO (substance abuse testing)

• Refunds
• Retirement administration: Phase II Systems for PARS trust administration • State Board of Equalization (diesel fuel tax, sales and use tax) • State Division of Administrative Services (seismic fees) • State Water Resources Control Board
• Subdivision Agreement reimbursements
• Subscriptions
• Supplies or refreshments reimbursement
• Sutter-Yuba Mosquito Vector Control District
• Teambuilding (Amistad Associates)
• Telephone
• Temporary help (personnel agency)
• Training programs
• Travel & meetings
• Trustee fees
• Tuition reimbursements
• Uniform rental and cleaning (under contract)
• Utilities
• Vehicle allowance
• Water delivery service
• Yuba-Sutter Economic Development Corporation
An authorized signature and appropriate budget number(s) should be provided by the purchaser to Accounts Payable for invoices up to $5,000. Invoices above $5,000 should be accompanied by a check request form, approved by the Department Head.

SECTION 10: PROFESSIONAL SERVICES
10-1. Definition:

Those services by independent consultants such as legal, engineering, programming, planning, environmental, economic, financial, testing, specialized temporary employee services, medical, dental, accounting, surveying, landscape architecture, advertising, design, etc., are considered to be “professional services”. This may also include services requiring peculiar or specialized abilities which by state law do not require competitive bidding.

10-2. Operating Department Responsibilities:

1. Prepare specifications or scope of work.

2. Solicit, review, and select qualified consultant/firm.

3. Provide written documentation justifying selection of the successful consultant/firm. Staff may utilize the Professional Services Justification form on CityNet.

4. Prepare a City Professional Services Agreement and obtain consultant’s signature.

5. Compile all exhibits/attachments described or referenced in the contract.

6. Secure and review required insurance documents for conformance to City contract requirements.

7. Submit the contract to the City Attorney for review and approval, if applicable.

8. If between $50,000 and $100,000, obtain City Manager approval.

9. If over $100,000, obtain Council approval.

10. Submit requisition to Finance to issue a purchase order.

11. Submit original signed contract, complete with exhibits, attachments, and insurance, to the City Clerk.

12. Provide the consulting firm a signed copy of the contract. 10-3. Decentralized:

Due to the specialized and technical nature of professional services, contracting for professional services is decentralized and shall be the responsibility of each applicable Department Head.
.
10-4. Solicitation of Proposals:

Solicitation of professional service proposals is the responsibility of the operating departments. The Finance Department may be contacted to assist and support the formal request for proposal process.
10-5. Selection of Consultant:

Contracts negotiated by the City for professional services will be based on demonstrated competence, professional qualifications for the services required, availability, fair and reasonable cost, and other relevant factors as determined by the operating department Competitive bidding is encouraged whenever possible; however, it is not mandatory. 10-6. City Attorney Review and Approval:

The City shall, whenever possible, use the City’s Professional Services Agreement form, which as been approved as to form by the City Attorney and is available on CityNet. Should another agreement be considered for professional services, review and approval as to form by the City Attorney is required prior to execution by the City.

10-7.1. Contracts of $50,000 or Less:

Contacting three (3) firms, although encouraged, is not required for contracts $50,000 or less. Department Heads are authorized to sign Professional Service Agreements totaling $50,000 or less.
10-7.2. Contracts $50,000.01 up to $100,000:

Operating departments should, whenever possible, contact three (3) consultants/firms and select the most qualified firm. The City Manager is authorized to sign Professional Service Agreements totaling $100,000 or less.
10-7.3. Contracts Over $100,000:

Operating departments shall solicit written proposals and negotiate with a minimum of three (3) consultants/firms, whenever possible. Professional Service Agreements over $100,000 require City Council approval. If the contract is a multiple year agreement, 10-7. Procurement Limits — Professional/Consultant Services:

Specified procurement limits are tabulated per consultant firm per fiscal year and are not to be split to circumvent the determined limits. No professional services consultant shall be paid more than $100,000 per fiscal year for the City as a whole without prior Council authorization.
information regarding multiple years must be presented to Council in the staff report at the time of approval.
10-8. Changes to and Cancellation of Purchase Orders:

The operating department will notify Finance when initiating changes which alter the purchase order. Purchase orders that need to be canceled or closed must be forwarded to Accounts Payable. The last payment against a purchase order that does not increase the purchase order total by 10% can be processed without obtaining a purchase order change order.

The City Manager will approve any change orders that have the purchase order total amount exceed $50,000, up to $100,000. Change orders cannot be requested that exceed Council-approved appropriations or Council contract award amounts without additional Council authorization.

The City Attorney shall review and approve as to form all Professional Service Agreements prior to City Council approval for contracts over $100,000.

ATTACHMENT 4

State of California

PUBLIC CONTRACT CODE
Section 22032
22032. (a)  Public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
(b)  Public projects of two hundred thousand dollars ($200,000) or less may be let to contract by informal procedures as set forth in this article. (c)  Public projects of more than two hundred thousand dollars ($200,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure.
(Amended by Stats. 2018, Ch. 169, Sec. 2. (AB 2249) Effective January 1, 2019.)

Agenda Item 18

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Design Immunity Ordinance Update
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the first reading
Fiscal Impact: No direct fiscal impact will result from the proposed Municipal Code addition Purpose:

To preserve design immunity in lawsuits involving public works projects by formally documenting authority for approval of plans or designs for such projects.

Council’s Strategic Goal:

This item addresses two City Council Strategic Goals by providing for the maintenance, improvement, and investment in the City infrastructure while doing so in a fiscally responsible and sustainable manner.

Background:

Design immunity under Government Code Section 830.6 is one of the most powerful affirmative defenses for public entities. This section states, in part, that neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval.

The City is self-insured through the Northern California Cities Self-Insured Fund (NCCSIF) risk pool.

NCCSIF has requested its member agencies adopt an ordinance to formally document and preserve design immunity afforded by Government Code Section 830.6 in response to the large number of lawsuits filed against public entities alleging dangerous conditions of public property and the multimillion dollar demands such lawsuits seek.

Analysis:

California law provides various causes of actions for aggrieved parties to sue for monetary and nonmonetary damages, as well as immunities and defenses where the State Legislature has deemed to be important public policy to shield certain individuals and entities from liability. An example is legislative immunity where the City Council cannot be held liable for enacting laws. Another example is judicial immunity where judges cannot be held liable for making rulings contrary to popular sentiment.

Pertinent to public agencies being sued for an alleged dangerous condition of public property, the defense of design immunity will almost always be raised in a motion for summary judgment where the judge will be asked to decide whether there is any substantial evidence that the public property was reasonably designed. A civil engineer's opinion that the design was reasonably approved constitutes substantial evidence sufficient to support design immunity regardless of any conflicting witness testimony to the contrary.

The final design of City public works projects is approved by the Engineer in Responsible Charge of the work, as defined in the State Business and Profession Code. The Engineer’s signature on the plan documents constitute substantial evidence that the public works project was reasonably designed, therefore entitling the City to assert the design immunity defense in lawsuits alleging dangerous condition of public property. The City usually takes the additional step of obtaining City Council approval of the plans and specifications, further entitling the City to assert the design immunity defense.

The proposed Ordinance formally establishing the Engineer in Responsible Charge of the work, the Public Works Director, and the City Engineer as being authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 will preserve the City’s ability to assert the design immunity defense for projects that may not have been formally approved by City Council. Such projects could include those less than $60,000 that are directly negotiated with a Contractor or those that have been informally bid pursuant to the State Public Contract Code.

The proposed Ordinance is prepared at the request of the City's risk pool NCCSIF to formally document and preserve the City's ability to raise design immunity as a defense. As part of this process, a new chapter was created in order to accommodate future amendments to the Municipal Code of a similar type.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to establish authority for approval of plans or designs of public works projects. Existing budgeted funds will be used for staff’s time to implement this item.

Alternatives:

Council may decide not to amend the Municipal Code and instead require all public works projects, regardless of size or scope of work, to be brought before City Council for approval of plans or designs.

Council may also limit the authority for approval of plans or designs to just the Public Works Director or City Engineer.

Recommendation:

A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Municipal Code establishing powers and authority to approve plans or

designs for public works projects and waive the first reading Attachments:

1. Proposed Ordinance
Prepared By: Submitted By:

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

ATTACHMENT 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADDING CHAPTER 12 OF TITLE 6, INCLUDING SECTION 6-12.01, TO THE MUNICIPAL

CODE ESTABLISHING POWERS AND AUTHORITY TO APPROVE PLANS OR DESIGNS

FOR PUBLIC WORKS PROJECTS
WHEREAS, the City of Yuba City (City) is self-insured through the Northern California Cities SelfInsured Fund (NCCSIF) risk pool; and WHEREAS, NCCSIF has requested its member agencies adopt an ordinance to formally document and preserve design immunity afforded by Government Code Section 830.6 in response to the large number of lawsuits filed against public entities alleging dangerous conditions of public property and the multi-million dollar demands such lawsuits seek; and WHEREAS, the final design of City public works projects is approved by the Engineer in Responsible Charge of the work, as defined in the State Business and Profession Code; and WHEREAS, said Engineer’s signature on the plan documents constitute substantial evidence that the public works project was reasonably designed, therefore entitling the City to assert the design immunity defense in lawsuits alleging dangerous condition of public property; and WHEREAS, the City usually takes the additional step of obtaining City Council approval of the plans and specifications, further entitling the City to assert the design immunity defense; and WHEREAS, the City Council desires to amend the Yuba City Municipal Code to authorize the Engineer in Responsible Charge of the work, the Public Works Director, or the City Engineer to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 for projects that may not have been formally approved by City Council.

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

1. That all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. A new Chapter 12, of Title 6, is added to the Yuba City Municipal Code to read in its entirety as follows:

CHAPTER 12. POWERS AND AUTHORITY – ADDITIONAL
Sec. 6-12.01. – Plans and Designs.

The Engineer in responsible charge of the work, the Public Works Director, and/or the City Engineer are authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 for all public works projects approved by the City. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.

3. If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such

invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this Ordinance are declared to be severable. The City Council hereby declares that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

4. This Ordinance shall become effective on the thirty-first day after its adoption.

This Ordinance was introduced on June 18, 2024, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting on ___________________, by the following vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
_________________________
Shon Harris, Mayor
City of Yuba City
Attest:

Ciara Wakefield, Deputy City Clerk
City of Yuba City

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 19

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2024 Community Development Block Grant - Annual Action Plan Recommendation: A. Conduct a Public Hearing to receive comments on the 2024 Annual Action Plan and after consideration;
B. Adopt a Resolution approving the proposed 2024 Annual Action Plan and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing; and
C. Authorize the Finance Director to add budget appropriation for the grant revenue
Fiscal Impact: $567,725 received from the U.S. Department of Housing and Urban Development (HUD) for the 2024 CDBG program year
Purpose:

To hold a Public Hearing to receive comments on and approve the 2024 Community Development Block Grant Annual Action Plan
Council's Strategic Goal:

This project addresses the priorities of Public Safety, Infrastructure, and Fiscal Responsibility.

Background:

The City of Yuba City is an entitlement jurisdiction of the Community Development Block Grant (CDBG) program and receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The purpose of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities.

Funds are required to be used to meet at least one of the program’s following priority objectives:

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

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

3. Meet a need having a particular urgency (to alleviate emergency conditions)

Analysis:

The Draft 2024 Annual Action Plan (AAP) details the funding recommendations for CDBG Projects and activities within the City. The City has been allocated $567,725 in CDBG funding for the 2024 program year. In accordance with HUD regulations, a maximum of twenty percent ($113,545) of the allocation can be used for administration, and a maximum of fifteen percent ($85,158) can be allocated to Public Services. Public Services include activities such as, homeless services, job-training, recreation programs, healthcare, etc.

Citizen Participation and Consultation
A public workshop was held on March 8, 2024, and detailed the CDBG program guidelines, application information, and allowed attendees to ask questions and/or provide comments. The workshop and application opportunity were advertised in the Appeal Democrat, on the City’s website and social media pages, and emailed to local agencies and organizations. The application period began on March 8, 2024, and ended on April 1, 2024. The required 30-day public comment period on the draft Annual Action Plan began on May 18, 2024, and will end on June 18, 2024. The AAP is available on the City’s website, hard copies are available at City Hall, and a copy is available for view at the local library. At this time, no public comments have been received.

The City received 13 applications totaling approximately $1,830,000 in funding requests.

Recommendations are based on available allocation, applications received, and proposed programs/projects.

Below are the recommended funding allocations for the 2023 CDBG program year.

Agency/Project Recommended
Funding
Description
Program Administration $ 110,000 General administration, oversight and management of Community Development
Block Grant program. Funding covers salary
cost for staff and consultant services
Sutter-Yuba Homeless
Consortium
$ 44,500 The Sutter-Yuba Homeless Consortium
provides services to the homeless population in
Sutter and Yuba Counties. In addition, it will be
acting as the lead agency and fiscal agent in
providing services and programs, in
conjunction with other non-profit agencies, to
the City's homeless population.

City of Yuba City – Patriot
Park Playground Replacement
$ 160,000 Remove and replace 21-year-old playground
equipment
City of Yuba City - ADA
Sidewalk and Public Facility
Improvements
$ 186,554.97 Provide sidewalk and curb ramp improvements to meet ADA accessibility requirements
throughout the City
City of Yuba City - 2nd Street
Camping Site Improvements
$ 15,000 Purchase and utilize camping equipment,
storage equipment, and solar lighting to better
serve homeless individuals already utilizing site
and to increase usage of site
Casa de Esperanza
Emergency Shelter – ADA
$ 60,000 Replace ADA ramp at emergency shelter
facility

Ramp Replacement
FREED Center for
Independent Living – Home
Repairs/Modifications
$ 20,000 Provides accessibility improvements and minor
home repairs for low-income disabled and
senior residents
Yuba Sutter Gleaner’s
Foodbank – Senior Home
Delivery
$ 27,963.85 Deliver 2 weekly pre-made meals and a 20lb
box of groceries to seniors 65+ that lack
resources to acquire healthy, nourishing food.

Yuba Sutter Gleaner’s
Foodbank – Delivery Truck
Repair
$ 27,000 Provide repairs of an essential delivery truck that is utilized for food delivery programs
Playzeum – Play-for-All
Initiative
$ 7,700 Provide scholarships to low/mod income youth
who don't normally have access to additional
educational and recreational activities.

New Day Training Center –
Counseling for Couples
$ 5,000 Provide counseling sessions to low/mod
income couples to extend services to those
unable to afford the service.

In addition, the AAP includes several proposed transfers of previously unexpended funding. These are outlined below:

1. Transfer $41k from 2022 Program Admin to 2023 Camp Rockin’ U Septic Replacement to correct IDIS accounting error.

2. Transfer $23,869.23 from 2022 Admin to 2021 SYHC – Homeless Services to correct IDIS accounting error.

3. Transfer $20,653.50 from 2018 Owner Occupied Housing Rehabilitation to 2024 funding.

4. Transfer $1,769.59 from 2020 Maple Park Playground Replacement to 2024 funding.

5. Transfer $20,605.73 left in 2022 Sam Brannan park to 2024 funding.

6. Transfer $2,965 from 2022 Fire Station Sign to 2024 funding.

7. Transfer $50k from 2023 Program Admin to 2024 funding.

Fiscal Impact:

The City will receive $567,725 from HUD to implement the 2024 CDBG program year. The City receives the funds on a reimbursement basis. In addition, a total of $95,993.82 of unexpended funding is to be transferred and reallocated during the 2024 program year.

Alternatives:

Do not approve the 2024 CDBG Annual Action plan, and direct staff to modify funding recommendation.

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

Attachments:

1. Attachment 1 - Resolution - 2024 CDBG Action Plan

2. Attachment 2 - Draft 2024 CDBG Annual Action Plan
Prepared By: Submitted By:

Shannon Sardo
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2024 ANNUAL

ACTION PLAN CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF THE CDBG

PROGRAM, AND AUTHORIZING STAFF TO SUBMIT ALL APPROVED DOCUMENTS TO

THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development has determined that the City of Yuba City will receive $567,725 under program year 2023 of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City of Yuba City held a public meeting on March 8, 2024, as well as a public hearing on June 18, 2024, to consider public comments and proposals regarding the 2024 Annual Action Plan, the community development objectives and the projected use of CDBG funds contained therein; and
WHEREAS, the City of Yuba City has provided the citizens with an opportunity to review and comment on concerns involving the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken and other important program requirements, and provided citizens with adequate opportunity to participate in the development of the 2024 Annual Action Plan, including any revisions, changes or amendments thereto for a 30-day period commencing on May 18, 2024 and ending on June 18, 2024.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the 2024 Annual Action Plan is hereby approved, that the City Manager is authorized to execute all documents related thereto, that the Finance Director is authorized to make budget allocations for the implementation of, and that staff is authorized to submit all documents to the United States Department of Housing and Urban Development.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on June 18, 2024, by the following vote:

AYES:

NOES:

ABSENT:
_________________________
Shon Harris, Mayor
ATTEST:
_________________________________
Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Action Plan
2024 Draft Annual
Community Development Block Grant
Development Services Department
CITY OF Yuba City

Draft 2024 Annual Action Plan 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Yuba City is an entitlement jurisdiction for Community Development Block Grant (CDBG) funds, one of several Department of Housing and Urban Development (HUD) formula entitlement programs. As an entitlement jurisdiction, HUD requires the City to complete and submit an Annual Action Plan (Action Plan) in order to receive CDBG funds annually. The 2024 Action Plan is the fifth and final Action Plan covered by the 2020 Consolidated Plan (Con Plan).

The format of the Draft 2024 Action Plan is required and consistent with HUD’s Integrated and Disbursement Information System (IDIS).

The Draft 2024 Action Plan consists of five (5) sections including: 1) Executive Summary; 2) Expected Resources; 3) Annual Goals and Objectives; 4) Affordable Housing; and, 5) Program Specific Requirements.

Yuba City’s Development Services Department is the lead agency responsible for developing the Draft 2024 Action Plan and is responsible for the administration of CDBG funds, including implementation of projects and programs and monitoring projects and programs to ensure compliance with HUD requirements and regulations.

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

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

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

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

Draft 2024 Annual Action Plan 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Overall, the City has performed satisfactorily managing the CDBG Program and addressing its priority needs through the programs set out in the 2020 Con Plan.

4. Summary of Citizen Participation Process and consultation process The Citizen Participation process included a variety of efforts to encourage public participation, especially from lower income residents and service providers, in the development of the Draft 2024 Action Plan. Two meetings were held during the Action Plan development process to solicit public input.

The first public meeting was held via Zoom on March 8, 2024 to solicit input and request participation in the application process and in the development of the Draft 2024 Action Plan. The Public Hearing will be held on June 18, 2024 and published in the Appeal-Democrat for a 30-day comment period, in accordance with the City’s Citizen Participation Plan. A 30-day public review and comment period commenced on May 18, 2024 and ended on June 18, 2024.

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

A summary of the Draft 2024 Action Plan will be published on May 18, 2024 in the Appeal Democrat, noting that a Public Hearing was to be held on June 18, 2024 to solicit public comment on the Draft 2024 Action Plan. The Draft 2024 Action Plan will be made available on the City’s website and in hard copy at both City Hall and the Public Library.

5. Summary of public comments

RESERVED FOR PUBLIC COMMENTS

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

7. Summary
The Draft 2024 Action Plan identifies the activities the City will undertake during the 2024 Program Year to address the goals identified in the 2020 Con Plan. The Draft 2024 Action Plan identifies the following activities the City and/or its Sub-Recipients will undertake with the CDBG funds. • Public service activities that address homeless needs, including:

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

1.1. Bridges to Housing – Financial Assistance with security deposit and rental assistance

1.2. Hands of Hope – Coordinated Entry System; ensure fair and equal access to housing and

Draft 2024 Annual Action Plan 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
supportive services

1.3. Regional Emergency Shelter Team (REST) – Seasonal emergency shelter

2. Playzeum – Play for All Initiative

3. New Day Training Center – Counseling and Therapy for Couples

4. Yuba-Sutter Gleaners Foodbank – Emergency Food Distribution • Housing activities, including:

1. Habitat for Humanity – Exterior Home Repairs

2. FREED Center for Independent Living – Home Repair and Modifications Program • Public Facilities and Improvements, including Removal of Architectural Barrier activities:

1. Casa de Esperanza – ADA Ramp Replacement

2. Yuba City Public Works Department – ADA Sidewalk and Curb Improvements

3. Yuba City Community Services Department – Patriot Park Playground Equipment Replacement

4. Yuba City Police Department – 2
nd Street Overnight Camping Site Improvements

Draft 2024 Annual Action Plan 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Agency Role Name Department/Agency
CDBG Administrator CITY OF YUBA CITY Development Services Department Table 1 – Responsible Agencies
Narrative (optional)
The City’s Development Services Department (DSD) is the lead agency responsible for overseeing development of the Annual Action Plan.

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

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

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

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

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

Draft 2024 Annual Action Plan 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

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

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

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

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

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

The SYHC allows for maximizing funding resources, helps to avoid duplication of services and provides for a comprehensive approach to homelessness. During the Draft 2024 Action Plan process, the City consulted members of the SYHC in order to meet the Action Plan requirements.

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

Draft 2024 Annual Action Plan 6
OMB Control No: 2506-0117 (exp. 09/30/2021)

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Identify any Agency Types not consulted and provide rationale for not consulting Table 2 – Agencies, groups, organizations who participated The City has not intentionally excluded or avoided consulting any agency type or organization during the consultation and planning process.

An agreement for Race Communications, a fiber internet service provider was recently reached to allow the company to bring their services to the City. The project is slated to be completed by the end of 2024. 1 Agency/Group/Organization Sutter Yuba Homeless Consortium Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was consulted.

What are the anticipated outcomes of the consultation or areas for improved coordination?
By email communication and public workshops. The City maintains a close working relationship with service providers and also open communication to ensure participation and coordination.
2 Agency/Group/Organization Sutter County
Agency/Group/Organization Type Health Agency
Child Welfare Agency
Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment Economic Development
Briefly describe how the Agency/Group/Organization was consulted.

What are the anticipated outcomes of the consultation or areas for improved coordination?
The City and County partner on many community development issues and keep regular contact vis email, workshops, coordination on projects, and meetings. The County is notified throughout the CDBG process.

Draft 2024 Annual Action Plan 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Sutter-Yuba Homeless
Consortium
The goals contained in the 2020 Con Plan and Draft 2024 Action Plan are consistent with the Continuum of Care. The City will work within the framework of the Sutter-Yuba Homeless Consortium to address homeless needs.

Yuba City Housing Element City of Yuba City The goals contained in the 2020 Con Plan and Draft 2024 Action Plan are consistent with the Programs outlined in the 2021-2029 Housing Element.

Yuba City Economic
Development Strategic Work
Plan
City of Yuba City The goals contained in the 2020 Con Plan and Draft 2024 Action Plan are consistent with the initiatives outlined in the Economic Development Strategy.

PHA 5-Year Plan Regional Housing
Authority
The goals contained in the 2020 Con Plan and Draft 2024 Action Plan are consistent with the needs, goals and objectives outlined in the PHA 5-year Plan.

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

Draft 2024 Annual Action Plan 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City followed requirements for citizen participation outlined in the City’s Citizen Participation Plan. The City encouraged citizens, along with local and regional organizations, to participate during the preparation of the Draft 2024 Action Plan. Regional and local service agencies, nonprofit organizations, City staff, City Council and City Commissions were invited to two (2) public meetings held to discuss the Draft 2024 Action Plan update and solicit comments. The first virtual meeting was held on March 8, 2024 at 10:00 a.m. The second meeting, a Public Hearing, will be held on June 18, 2024.

The Draft 2024 Action Plan was made available for public review and comment during a 30-day period, May 18, 2024 through June 18, 2024. A Public Hearing will be held on June 18, 2024 at 6:00 p.m., at City Hall in Yuba City before the City Council to solicit public comment regarding the Draft 2024 Action Plan. The Draft 2024 Action Plan was also made available during the 30-day comment period on the City’s website and copies made available at City Hall. The City’s website also included notification of the development of the Draft 2024 Action Plan and encouraged citizens to provide input.

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

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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If applicable)
1 Public Meeting
Minorities
Nontargeted/broad
community
The City hosted a
virtual public meeting
on March 8, 2024 to
provide information
on the consultation
and planning process,
review the
application process
and encourage public
participation and
comment in the
development of the
Draft 2024 Action
Plan.

No public
comments were
received.

The City has not
intentionally excluded
or avoided consulting
any agency type or
organization during the
consultation and
planning process.
2 Internet Outreach
Minorities
Non-English
Speaking - Specify
other language:

Spanish and
Punjabi
Persons with
disabilities
Nontargeted/broad
community
NOFA and application
process advertised on
City website and
social media on
March 8 and May 18,
2024.

Reserved for public
comments.

The City has not
intentionally excluded
or avoided consulting
any agency type or
organization during the
consultation and
planning process.
www.yubacity.net

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If applicable)
3 Newspaper Ad
Minorities
Persons with
disabilities
Nontargeted/broad
community
Residents of Public
and Assisted
Housing
Public Notice of the
June 18, 2024 Public
Hearing was posted
in the Appeal
Democrat on May 18,
2024.

Reserved for public
comments.

The City has not
intentionally excluded
or avoided consulting
any agency type or
organization during the
consultation and
planning process.
4 Public Hearing
Minorities
Persons with
disabilities
Nontargeted/broad
community
Residents of Public
and Assisted
Housing
The City will hold a
Public Hearing on
June 18, 2024 to
request approval and
authorization for the
submission of the
2024 Annual Action
Plan to HUD.

Reserved for public
comments.

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

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder of
Con Plan
$
Narrative
Annual Description
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $567,725 $111,786.23 $812,311.70 $1,491,822.93 $0 Expected
amount
available
remainder of
Con Plan $0,
2024 is last year
of con plan.

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

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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The regional Housing Authority (RHA) manages the City’s Homes2Families (H2F) and Neighborhood Stabilization properties (NSP). These properties are owned by the City and are used for affordable rental units based on California’s Department of Housing and Community Development guidelines. There are currently seventeen (17) NSP properties and five (5) H2F properties.

Discussion
The City operates the Owner-Occupied Housing Rehabilitation Program, (Housing Rehabilitation Program). The amount and availability of funds for this Program cannot be predicted due HUD funding constraints and the unknown amount of Program Income that will be received. Program Income is generated by past loans being paid off and the proceeds deposited into the Housing Rehabilitation Program activity.

The City will pursue, or support applications by other entities for, Federal and State funding over the 2024 Program Year to address priority needs; however, other funding sources available to the City or its partners will be through a competitive application process. Due to limited funding availability, the City will struggle to meet future matching requirements should the City be successful in applying for other Federal or State funding sources and matching funds be required.

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information

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Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Housing Rehabilitation 2020 2024 Affordable
Housing
Citywide Preservation
of existing
units
CDBG: $20,000 Homeowner Housing
Rehabilitated: 30
Household Housing Unit
2 Non-Homeless Supportive
Services
2020 2024 NonHomeless
Special
Needs
Citywide Housing and
Supportive
Services for
Special Needs
Program
Administration
CDBG:
$40,663.85
Public service activities
other than Low/Moderate
Income Housing Benefit:
5,685 Persons Assisted
3 Homeless Assistance 2020 2024 Homeless Citywide Homeless Housing and
Supportive
Services
CDBG: $44,500 Public service activities
other than Low/Moderate
Income Housing Benefit:
419 Persons Assisted
4 Infrastructure
Improvements/ADA
Modifications
2020 2024 Non-Housing
Community
Development
Qualified
Low/Mod
Census
Tracts
Public
Improvements
and
Infrastructure
CDBG:
$246,518.82
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
13,032 Persons Assisted
5 Public Facilities
Construction/Rehabilitation
2020 2024 Non-Housing
Community
Development
Qualified
Low/Mod
Census
Tracts
Public
Facilities
Program
Administration
CDBG: $175,000 Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
2,625 Persons Assisted
Table 6 – Goals Summary

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Goal Descriptions
1 Goal Name Housing Rehabilitation
Goal
Description
Activities include FREED-Minor Home Repair/Modification Program. 2 Goal Name Non-Homeless Supportive Services
Goal
Description
Utilizing Community Development Block Grant funds provide assistance to non-profit organizations for provision of supportive services targeted to non-homeless special needs population (disabled, seniors, families, domestic violence victims)
3 Goal Name Homeless Assistance
Goal
Description
Activities include Sutter-Yuba Homeless Consortium-Homeless Coordinator, A Hand Up Ministry-Food provisions for the homeless, Bridges to Housing-Homeless Assistance, Hands of Hope-Day Shelter, and Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter provide services to the homeless population in Sutter and Yuba Counties.

In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs, in conjunction with three (3) other non-profit agencies, to the City’s homeless. 4 Goal Name Infrastructure Improvements/ADA Modifications Goal
Description
Activities include installation of ADA accessible sidewalks, ramps, curb cuts and gutters. 5 Goal Name Public Facilities Construction/Rehabilitation Goal
Description
Activities include rehabilitation/renovation of neighborhood parks, replacement of playground structures and ADA improvements of public facilities.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The activities recommended for funding for the 2024 Program Year (PY) are consistent with the priority needs identified in the Strategic Plan.

Lack of funding is the greatest obstacle to addressing underserved needs. The City has $567,725 in CDBG funds available for the 2024 PY. In addition, a total of $95,993.82 of unexpended funds from 2018, 2020, 2022, and 2023 Program Years will be transferred to the 2024 PY.

Projects
# Project Name
1 Program Administration; 21A - General Program Administration 2 Sutter-Yuba Homeless Consortium - Homeless Services; LMC, 05 - Public Services 3 Playzeum - Play for All Initiative; MC, 05D - Youth Services 4 New Day Training Center – Counseling and Therapy for Couples; LMC, 05 - Public Services 5 Yuba Sutter Gleaners Foodbank - Senior Home Delivery Program; LMC, 05W – Food Banks 6 Yuba Sutter Gleaners Foodbank – Food Bank Delivery Truck Repair; LMC, 05W – Food Banks 7 FREED - Home Repair and Modifications; LMH, 14A - Rehab; Single-Unit Residential 8 Casa de Esperanza – ADA Ramp Replacement; LMC,03E – Neighborhood Facilities 9 Yuba City - ADA Sidewalk and Curb Improvements; LMC,03L - Sidewalks 10 Yuba City Patriot Park – Playground Equipment Replacement; LMC, 03F – Parks, Recreational Facilities
11 Yuba City Police Department – 2
nd Street Overnight Camping Site Improvements – LMC; 03K – Street Improvements
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The activities recommended for funding for the 2024 PY are consistent with the priority needs identified in the Strategic Plan. Lack of funding is the greatest obstacle to addressing underserved needs. The City has $567,725 in CDBG funds available for the PY. In addition, a total of $95,993.82 of unexpended CDBG funds from 2018, 2020, 2022, and 2023 Program Years will be used to fund the proposed programs and projects for the 2024 Program Year.

The City received $1,830,554.93 in funding requests. In addition, the City is limited to the amount of funds that can be spent on Public Services and Program Administration & Planning in accordance to HUD regulations. As a result, the City is limited from spending more than 15% of its annual allocation, plus Program Income, on Public Service activities; therefore, some activities are not funded completely, and some are partially funded based on the amount requested.

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The City is requesting $110,000 for Program Administration for the 2024 PY, this is less than the allowable 20% of the 2024 allocation because there are unexpended administrative funds from previous years.

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AP-38 Project Summary
Project Summary Information
1 Project Name Program Administration; 21A - General Program Administration Target Area Citywide
Goals Supported Housing Rehabilitation
Non-Homeless Supportive Services
Homeless Assistance
Infrastructure Improvements/ADA Modifications
Public Facilities Construction/Rehabilitation
Needs Addressed Program Administration
Funding CDBG: $110,000
Description General administration, oversight and management of Community Development Block Grant Program.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
N/A
Location Description 1201 Civic Center Blvd. Yuba City, CA 95765 Planned Activities General administration, oversight and management of Community Development Block Grant Program.
2 Project Name Sutter-Yuba Homeless Consortium - Homeless Services; LMC, 05 - Public Services
Target Area Citywide
Goals Supported Homeless Assistance
Needs Addressed Homeless Housing and Supportive Services Funding CDBG: $44,500
Description The Sutter-Yuba Homeless Consortium, (SYHC), in collaboration with Hands of Hope, Bridges to Housing, and the Regional Emergency Shelter Team (REST) provide services to the homeless population in Sutter and Yuba Counties. The SYHC is the lead agency and fiscal agent in providing services and programs to the city’s homeless population.

Target Date 6/30/2025

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Estimate the number
and type of families
that will benefit from
the proposed
activities
419 Low-Income Homeless Persons
Location Description Citywide
Planned Activities The Sutter-Yuba Homeless Consortium, (SYHC), in collaboration with Hands of Hope, Bridges to Housing, and the Regional Emergency Shelter Team (REST) provide services to the homeless population in Sutter and Yuba Counties. In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs to the City’s homeless population.
3 Project Name Playzeum Yuba-Sutter - Play for All Initiative; MC, 05D – Youth Services Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Funding CDBG: $7,700
Description Provide scholarships and on-the-go events to low/mod income youth who don't normally have access to additional educational and recreational activities.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
832 Low-Income Households
Location Description Citywide
Planned Activities Scholarships for camps and classes and on-the-go events. 4 Project Name New Day Training Center – Counseling and Therapy for Couples; LMC, 05 - Public Services
Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Funding CDBG: $5,000

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Description Provide counseling session to low/mod income couples to extend services to those unable to afford the service.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
8 Low-Income Households
Location Description Citywide
Planned Activities Provide top-quality counseling and therapy to low-income families and individuals; and to train new therapists to serve disadvantaged, underserved and low-income clients.
5 Project Name Yuba Sutter Gleaners Foodbank - Senior Home Delivery Program; LMC, 05W – Food Banks
Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Funding CDBG $27,963.85
Description Deliver 2 weekly pre-made meals and a 20-lb box of groceries to seniors that lack resources to acquire healthy, nourishing food.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
4,845 Low-Income Senior and Disabled Persons
Location Description Citywide
Planned Activities Deliver 2 weekly pre-made meals and a 20-lb box of groceries to seniors that lack resources to acquire healthy, nourishing food 6 Project Name Yuba Sutter Gleaners Foodbank – Delivery Truck Repair Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Funding CDBG $27,000

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Description Provide cost for repairs of an essential delivery truck that is utilized for food delivery programs.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
4,845 Low-Income Senior and Disabled Persons
Location Description Citywide
Planned Activities Deliver 2 weekly pre-made meals and a 20-lb box of groceries to seniors that lack resources to acquire healthy, nourishing food 7 Project Name FREED - Home Repair and Modifications; LMH, 14A - Rehab; Single-Unit Residential
Target Area Citywide
Goals Supported Housing Rehabilitation
Needs Addressed Preservation of existing units
Funding CDBG: $20,000
Description Volunteer teams will participate in a variety of work including: roofing, siding, painting, landscaping, replacing doors and windows and performing exteriors repairs at minimal costs to homeowners who would be unable to complete home repairs on their own.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
28 Low-Income Households
Location Description Citywide
Planned Activities Provide minor health and safety related accessibility modifications for low-income disabled and senior homeowners.
8 Project Name Casa de Esperanza Emergency Shelter – ADA Ramp Replacement; LMC, 03E – Neighborhood Facilities
Target Area Citywide
Goals Supported Public Facilities Construction/Rehabilitation

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Needs Addressed Public Improvements and Infrastructure
Funding CDBG: $60,000
Description Replace ADA ramp at homeless facility
Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
296 Low-Income Households
Location Description Confidential – Emergency shelter for women and children Planned Activities Providing funding to replace ADA ramp 9 Project Name Yuba City - ADA Sidewalk and Curb Improvements; LMC,03L - Sidewalks Target Area Qualified Low/Mod Census Tracts
Goals Supported Infrastructure Improvements/ADA Modifications Needs Addressed Public Improvements and Infrastructure
Funding CDBG: $186,554.97
Description Remove physical obstacles in City's right-of-way that limits accessibility for those with disabilities.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
12,736 Low-Income Persons
Location Description Qualified Low/Mod Census Tracts
Planned Activities The project will serve the general public with specific emphasis on individuals with physical disabilities by removing obstacles within the public right-of-way that prohibit or limit accessibility. 10 Project Name Yuba City Patriot Park Playground Replacement; LMC, 03F – Parks, Recreational Facilities
Target Area Qualified Low/Mod Census Tracts
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities

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Funding CDBG: $160,000
Description Replace and remove playground that is 21 years old Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
2,550 low-income residents
Location Description 1498 Upland Drive, Yuba City
Planned Activities Replace old and unsafe playground equipment 11 Project Name Yuba City Police Department –Overnight Camping Facility Improvements; LMC, 03K – Street Improvements
Target Area Qualified Low/Mod Census Tracts
Goals Supported Homeless
Needs Addressed Homeless Assistance
Funding CDBG: $15,000
Description Purchase and utilize camping equipment, storage equipment, and solar lighting to better serve homeless individuals already utilizing site and to increase usage of site.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed
activities
75 Low-Income Homeless Persons
Location Description 2
nd Street, Yuba City
Planned Activities Provide a locked storage facility to store belongings, provide adequate lighting and signage, and providing useable tents and sleeping bags for protection from environmental elements.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed In general, the City will allocate investment of resources on a city-wide basis. The City will allocate a portion of its funding to the Qualified Low/Mod Census Tracts.

Geographic Distribution
Target Area Percentage of Funds
Citywide 34
Qualified Low/Mod Census Tracts 64
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City allocates the majority of funding on a city-wide basis; however, the distribution of funding is predicated somewhat on the nature of the activity to be funded. Resources targeted to new construction and preservation of existing housing will be allocated on a city-wide basis.

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

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

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Goals contained in the City’s 2020 Consolidated Plan are to increase the supply of affordable housing through Housing Rehabilitation and construction of new affordable housing units during the five-year period covered by the Consolidated Plan. The City will support both public and private agencies as well as non-profit and for-profit housing developers in their efforts to increase the supply of affordable housing to homeless, non-homeless and special needs populations.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 30
Special-Needs 0
Total 30
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 30
Acquisition of Existing Units 0
Total 30
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
The housing units and households anticipated to be assisted during the 2024 Program Year will be provided by the following Housing Programs: FREED Minor Home Modification/Repairs.

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AP-60 Public Housing – 91.220(h)
Introduction
Actions planned during the next year to address the needs to public housing The purpose of this section is to outline actions the City will take to address the needs of Public Housing.

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

Actions to encourage public housing residents to become more involved in management and participate in homeownership
As noted above, the City does not own or operate any Public Housing in the City; the RHA serves the City. During the 2024 Program Year, the City will continue its close working relationship with the RHA to expand housing opportunities for the City's residents. Funding from the Permanent Local Housing Allocation grant is being looked at by the City and the RHA to be used for Public Housing needs.

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

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

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section identifies the actions the City will take during the 2024 Program Year, (2024 PY), to address homelessness. The City’s goals are to address chronic homelessness by assisting Transitional Housing Programs that provide on-going supportive services such as case management, education and job training to help ensure that people do not return to homelessness. The City will also provide assistance to homeless persons and low-income families at risk of becoming homeless.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City works in partnership with the Sutter-Yuba Homeless Consortium (SYHC) to address homelessness. Annually the SYHC conducts a Point-in-Time (PIT) count. The PIT provides valuable information, including demographic and living situation information that allows service providers and the community to better identify and evaluate the homeless population and their needs. During the 2024 PY the City will provide CDBG funds to the SYHC and its efforts to address homeless needs.

Addressing the emergency shelter and transitional housing needs of homeless persons During the 2024 PY the City will allocate a portion of CDBG funds under the Public Service Category to organizations that provide emergency shelter and transitional housing services to the homeless. The City will provide CDBG funding to the SYHC who is acting as the lead agency for all six (6) non-profit agencies to address the needs and provide services to the homeless population. Funding for three of the service providers are for the Sutter County Homeless Shelter for day-to-day operational services, Hands of Hope for that provides showers, laundry facilities, clothes closet, computer access as well as referral and advocacy services, and REST for emergency winter overnight services.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will provide CDBG funding for several organizations that serve the homeless, including families with children and veterans. In conjunction with the SYHC, organizations that will be assisted during the 2024 PY are: 1) Bridges to Housing – provides financial assistance to homeless or at-risk individuals who are in need of deposit and rental assistance. They will also provide assistance to help pay for past due rent and utilities as well as referrals, case management and on-going support to ensure they do not

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become homeless again. 2) Central Valley Homeless Veterans Assistance Program – provides financial assistance to low-income veterans in order to obtain emergency, transitional and permanent housing, as well as helping at-risk veterans maintain their permanent housing stability. This agency also provides financial assistance to extremely low-moderate income veterans for utility payments, if no other options are available, to help maintain the veteran's housing in a habitable condition. 3) Hands of Hope – assists with the operation of the Coordinated Entry System (CES) that allows fair and equal access to housing and supportive services. 4) The Salvation Army – provides rental assistance and supportive services to homeless individuals and households in the community. This program provides financial assistance in the following ways: application fees, moving expenses, monthly rental assistance, utility assistance, rental deposits, and storage fees. 5) Regional Emergency Shelter Team (REST) – provides seasonal emergency shelter to individuals and families experiencing homelessness in Yuba City; the Emergency Winter Shelter operates each year from late November to early April. This program provides shelter, meals, case management, and other supportive services.

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

The City’s efforts during the 2024 PY to prevent homelessness will include Affordable Housing Programs that maintain the existing affordable housing stock or increase the number of affordable housing units available to low-income households. As noted above, the City will also support housing programs that address the underlying reasons for homelessness and provide on-going support services for formerly homeless families and programs that provide assistance to low-income families at risk of becoming homeless, such as the Bridges to Housing Program.

Discussion
In addition to resources available to and controlled by the City, organizations within the community for which their mission is to provide services to the homeless may receive funds from a variety of federal, state and local sources. These funding sources include Emergency Solutions Grant (ESG), California Emergency Solutions and Housing (CESH), Homeless Emergency Aid Program, (HEAP), Community Services Block Grant (CSBG), Homeless Housing and Prevention Program (HHAP) and Continuum of Care Program Competition, as well as charitable organizations and private donations. Throughout the 2024 PY the City will work closely and support the efforts of the SYHC to address the housing and supportive needs of the homeless.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

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

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

Governmental Constraints:

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

Land Use Regulations:

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

Infrastructure:

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

Draft 2024 Annual Action Plan 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
improvements are incorporated into the total project costs discussed under Market Constraints below.

Development Review Process:

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

Building Code and Enforcement:

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

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

Discussion:

Consistent with the 2021-2029 Housing Element, Housing Program Schedule, the City is addressing the following policies that may act as barriers to the development of affordable housing.

Conservation of Existing Housing
Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. The City will collaborate with the Housing Authority to target efforts in the rehabilitation assistance programs throughout the City, with a focus on ensuring equal access to the programs across all socioeconomic groups. The City will provide marketing materials in languages other than English, as needed. The City will create a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities. • Accessory Dwelling Units. - Continue the City’s policy that allows for accessory dwelling units (ADUs) within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow ADUs and Junior ADUS (JADUs) in all residential zones (R-1, R-2,

Draft 2024 Annual Action Plan 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
and R-3), in accordance with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069. • Facilitate a Variety of Housing Types. – The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes to meet the needs of all households and income levels.
• Infrastructure Provision and Financing. – Minimize infrastructure costs for residential development by identifying infrastructure needs and available sources of funding for infrastructure improvements.
• Density Bonus. – The City will codify the City’s density bonus ordinance in compliance with the state’s density bonus law (Government Code Section 65915, as revised) and will continue to offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population through City-specific density bonuses, reduced parking requirements, and development fee reductions for projects in infill locations. • Partner with Housing Advocates. – Continue and expand, where feasible, partnerships with forprofit or nonprofit housing organizations, including the Regional Housing Authority, to provide affordable housing. Consider contracting with additional organizations to provide housing services and information for special-needs groups within the City. • Farmworker Housing. – Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. • Facilitate Construction of Special-Needs Housing. – The City will remove barriers for specialneeds groups by amending the zoning code to address the following:
▪ Transitional and Supportive Housing
▪ Reasonable Accommodation
▪ Employee Housing
▪ Single-Room Occupancy Units
▪ Low-Barrier Navigation Centers

Draft 2024 Annual Action Plan 32
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AP-85 Other Actions – 91.220(k)
Introduction:

This section addresses the City’s planned actions during the 2024 Program Year, (2024 PY), to carry out strategies covered in the Consolidated Plan including, fostering and maintaining affordable housing, evaluation and reduction of lead-based paint hazards, reduce the number of families within the poverty level and develop the institutional structure and enhancing coordination between public and private agencies that serve low-income and special needs populations.

Actions planned to address obstacles to meeting underserved needs The greatest obstacle to meeting underserved needs in the City is the lack of funding. During the 2024 PY and the duration of the 2020 Con Plan period the City will continue its efforts to identify funding sources, support funding applications by developers and service providers that expand the availability of affordable housing and support applications for homeless assistance and supportive service funds. The City will also implement zoning and land use policies that encourage the development of affordable housing. The City will continue to participate and encourage partnerships between local agencies and organizations so underserved needs may be better met by collaborative use of resources. Additionally, the applications received by the City often do not address some of the greater issues such as acquisition or development of new affordable housing units and economic development activities.

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

Actions planned to reduce lead-based paint hazards
The City will continue to implement HUD’s lead-based paint regulations that became effective in September 2000. Efforts by the City to reduce lead-based paint hazards include the disclosure to homeowners of possible lead hazards, sponsoring certification training for contractors, implementation of lead risk assessment and clearance testing procedures and supervision of lead-related work performed. In addition, the City will continue to adhere to its Housing Rehabilitation Program guidelines that were amended to stipulate the type and amount of assistance provided and define costs covered under the City’s lead reduction program.

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

Draft 2024 Annual Action Plan 33
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of employment opportunities requiring varying levels of skills and training.

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

Actions planned to develop institutional structure
The City's Development Services Department is the City Department responsible for the administration of the City’s Housing Programs, including the Community Development Block Grant (CDBG) Program.

The Development Services Department also oversees the City’s Community Development activities. As an entitlement jurisdiction, the City receives an annual CDBG allocation through the Department of Housing and Urban Development (HUD). Both internal City Departments and external Sub-Recipient agencies implement the programs and projects identified in the Draft 2024 Annual Action Plan. The Development Services Department will continue to collaborate with other City Departments, the City Council, City Commissions, as well as local agencies and organizations and residents to develop programs and activities that serve low and moderate-income individuals and families within the jurisdiction.

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

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

Discussion:

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

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

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

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0
Other CDBG Requirements

1. The amount of urgent need activities 0

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

70.00%

Agenda Item 20

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Downtown Noise Ordinance Exception
Recommendation: Introduce by title only an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-

17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code and adopt an exemption under CEQA Guidelines Section 15061(b)(3) and waive the first reading
Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:

To establish noise regulations for entertainment activities associated with restaurants, bars, or other approved entertainment facilities from 7:00 a.m. until midnight in the downtown business district area.

Council’s Strategic Goal:

This item is consistent with the Council’s Business Friendly Strategic Goal.

Background:

Staff periodically brings forward recommended code revisions to incorporate statutory changes and other miscellaneous revisions for consideration to keep the Municipal Code contemporary for the City’s needs.

Individual members of the City Council have expressed a desire to provide an opportunity for the City’s downtown area to develop into an entertainment zone in an effort to draw people to the downtown area.

This is currently encouraged by the Downtown Business Association’s Summer and Winter Stroll events as well as other seasonal activities.

Analysis:

The City’s noise regulations currently limit noise associated with music, large gatherings or neighbors from 10pm to 7am daily (Section 4-17.10(b)). Although this is appropriate for residential areas, it has an unintended consequence of restricting nighttime entertainment activities in the City downtown and other commercial areas.

The noise ordinance provides exemptions for a range of activities ranging from emergency response vehicles, parades, fireworks displays and other special events where a permit has been granted.

Exemptions are also provided for activities on publicly owned property and facilities, religious worship activities, railroad activities, solid waste collection, activities at the Yuba Sutter Fair, organized sports events and the lawful discharge of safe and sane fireworks.

The proposed amendment would establish an additional exemption at Section 4-17.20(k) that would apply to properties zoned Community Commercial District (C-2) or General Commercial District (C-3) that front Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street, and properties that front Center Street between Plumas and Shasta Streets.

This exemption would apply from 7:00 a.m. until midnight on Thursdays, Fridays, Saturdays of each week, together with New Year’s Eve, St. Patrick’s Day, Cinco-de-Mayo, the weekends of the Summer and Christmas Stroll events and recognized Federal holidays. This exemption would apply to entertainment activities associated with restaurants, bars, or other approved entertainment facilities, and may include live or amplified music indoors or an approved onsite patio/outdoor dining location established in compliance with City standards.

The General Plan Noise Element establishes specific noise thresholds, and the proposed exception would be consistent with those standards. Under this exception, the maximum noise levels of 70 Ldn or CNEL, dB are normally acceptable as measured at the property line for business commercial uses; potential activities with noise levels falling in the 67 to 77 Ldn or CNEL, dB range require a plan for noise attenuation measures, and noise above 77 Ldn or CNEL, dB is normally unacceptable unless a detailed noise analysis is completed, to the City’s satisfaction that identifies needed noise reduction measures to be incorporated into business operations.

Commercial uses located within 100 feet of existing residential uses would be required to submit and receive approval of a plan to the Development Services Department that incorporates noise attenuation measures to reduce potential impacts on proximate residences prior to operation under this exception.

In practice, a business located within 100 feet of existing residences and desiring to hold entertainment activities would be required to prepare and submit a plan for how they will minimize noise impacts to their residential neighbors. This plan will need to be approved by the Development Services Department and the City reserves the right to require a noise analysis be prepared, at the business owner’s expense, if it is believed noise impacts will not be mitigated. If a plan to abate noise is approved and later the City receives noise complaints, the City may require a noise study be prepared that details feasible mitigation measures to be implemented to reduce noise consistent with the City’s General Plan Noise Element standards.

If an Ordinance is introduced at this meeting and adopted at a future City Council meeting, the ordinance will become effective 30 days after adoption.

As part of bringing this matter forward, a public hearing notice was advertised in the Appeal Democrat newspaper and mailed notice was provided to all property owners within the Downtown Business Association (DBA) area and within 300 feet of the DBA boundary.

Finally, the City was recently notified of an award of a federal Reconnecting Communities grant through the Sacramento Area Council of Governments (SACOG). This grant will provide for updating the 32- year-old Central City Specific Plan which will include preparing an updated noise analysis to develop strategies and measures to minimize downtown area noise impacts on neighboring residential areas.

Environmental Considerations:

After reviewing the California Environmental Quality Act (CEQA) and the Guidelines, staff believes this project is covered by the general rule specified at CEQA Guidelines Section 15061(b)(3) and has determined with certainty that there is no possibility the proposed update to the Municipal Code would cause a significant, adverse, effect on the environment. This is because the proposed revisions will only allow noise levels consistent with the City’s adopted General Plan. Where it is determined that noise generated cannot meet the General Plan noise standards, the proposed entertainment activity will not be allowed to occur.

Additionally, none of the exceptions to this exemption as set forth in CEQA Guideline Section 15300.2 apply and the project does not present an “unusual Circumstance.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to establish an additional noise exception for the downtown area. Existing budgeted monies are paying for staff’s time to address this item.

Alternatives:

The City Council may determine not to establish a new noise Ordinance exception or may consider revising the exception proposed or may provide alternative guidance to staff concerning this issue.

Recommendations:

Introduce by title only an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code and adopt an exemption under CEQA Guidelines Section 15061(b)(3) and waive the first reading.

Attachments:

1. Properties Subject to Proposed Ordinance

2. Proposed Ordinance
Prepared By: Submitted By:

Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager

Attachment 1

PLUMAS
ST

BRIDGE ST

SHASTA ST
PLUMAS
ST
20 BRIDGE ST
A ST

KILEY AVE

ROCKHOLT
WAY

FREMONT WAY

REEVES AVE

FORBES AVE

TEEGARDEN AVE

CHURCH ST
ALM
O
N
D
S
T

FRANCIS
WAY

SCOTT ST
WALN
U
T
S
T

AYLOR AVE
C
E
M
E
TA
RY
WAY

CENTER ST
20 WALN
U
T
S
T
20 ALM
O
N
D
S
T
20 WALN
U
T
S
T
²

PROPERTIES SUBJECT TO PROPOSED ORDINANCE
Legend
Properties within the Downtown Business Association, subject to the proposed Ordinance Properties within the Downtown Business Association, but not subject to proposed Ordinance HWY
20

Attachment 2

01248.0001/901522.1 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO PROMOTE BUSINESS OPPORTUNITIES IN THE DOWNTOWN AREA BY AMENDING SECTION 4-17.20 OF CHAPTER 17, TITLE 4 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City of Yuba City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the city, Cal. Const. Art. XI, section 7; and
WHEREAS, the City of Yuba City has adopted noise regulations in its Municipal Code to protect its citizens from loud and raucous noises from any and all sources in the community; and
WHEREAS, the City Council of the City of Yuba City desires to amend the noise regulations contained in the Municipal Code at Section 4-17.20 of Chapter 17, Title 4 to add an additional noise exception for the purpose of encouraging nighttime entertainment in the downtown area for properties zoned commercially or having commercial uses fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street and along Center Street between Plumas Street and Shasta Street; and
WHEREAS, on June 8, 2024, a legal notice in compliance with State law was published concerning the City Council’s consideration on June 18, 2024; and WHERAS, on June 6, 2024, legal notice was mailed to all property owners within the Downtown Business Association boundary and those persons owning land within 300-feet of the boundary of the Downtown Business Association boundary.

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

SECTION 1. The above recitals are incorporated by reference.

SECTION 2. CEQA. The City Council finds this amendment to the Municipal Code is covered by the general rule of California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and has determined with certainty that there is no possibility that the proposed revision to the noise regulations would cause a significant, adverse, effect on the environment.

This is because the because the proposed revision will only allow noise levels consistent with the City’s adopted General Plan. Where it is determined that noise generated cannot meet the General Plan noise standards, the proposed entertainment activity will not be allowed to occur.

SECTION 3. Section 4-17.20, of Chapter 17, Title 4 of the Yuba City Municipal Code is amended in its entirety to read as follows: :

Sec. 4-17.20. - Exemptions.

The term "loud and raucous noise" as used in this chapter does not include noise or sound generated by the following:
(a) Cries for emergency assistance and warning calls.

01248.0001/901522.1 2
(b) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (c) Parades, fireworks displays and other special events for which a permit has been obtained from the City are exempted provided there is compliance with all conditions which have been noted in writing on the permit. That loud and raucous noise produced as a result of noncompliance with any condition specified on the permit is not exempted from the requirements of this chapter.
(d) Activities on or in publicly owned property and facilities, or by public employees while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority.
(e) Religious worship activities, including but not limited to, bells, organs, singing and preaching.
(f) Locomotives and other railroad equipment and aircraft. (g) The collection of solid waste by employees of a company engaged in the waste disposal business.
(h) Organized activities at the Yuba Sutter Fair.
(i) Organized sports events.
(j) The discharge of "safe and sane fireworks" during the times authorized in Section 4-

11.02, and the discharge of fireworks for which a special permit has been issued per Section 5602 of Section 4-5.02 of this chapter or Section 4-11.02. (k) Properties zoned Community Commercial District (C-2) or General Commercial District (C-3) and fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street, and along Center Street between Plumas Street and Shasta Street, shall be exempt from the requirements of Section 4-17.10 (b) and (d) from 7:00 a.m. until midnight on Thursdays, Fridays, Saturdays of each week, together with New Year’s Eve, St. Patrick’s Day, Cinco-de-Mayo, the weekends of the Summer and Christmas Stroll events and recognized Federal holidays for entertainment activities associated with restaurants, bars, or other approved entertainment facilities, and may include live or amplified music indoors or an onsite approved patio/outdoor dining location established in compliance with City requirements. Under this exception, the maximum noise levels of 70 Ldn or CNEL, dB are normally acceptable as measured at the property line for business commercial uses; potential activities with noise levels falling in the 67 to 77 Ldn or CNEL, dB range require a plan for noise attenuation measures, and noise above 77 Ldn or CNEL, dB is normally unacceptable unless a detailed noise analysis is completed, to the City’s satisfaction that identifies needed noise reduction measures to be incorporated into business operations. Notwithstanding, commercial uses located within 100 feet of existing residential uses shall submit and receive approval of a plan to the Development Services Department that incorporates noise attenuation measures to reduce potential impacts on proximate residences prior to operation under this exception.

01248.0001/901522.1 3
SECTION 4: SEVERABILITY. If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5: EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 18th day of June, 2024, and passed and adopted at a regular meeting held on the ____ day of _____, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Shon Harris, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP

Agenda Item 21

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Citizens' Oversight Committee - Establish Tasks, Objectives, Composition, and Member Qualifications
Recommendation: Adopt a Resolution to establish the tasks, objectives, composition, and member qualifications for a Citizens' Oversight Committee should a potential revenue measure be successful
Fiscal Impact: None
Purpose:

To establish a Citizens' Oversight Committee as an advisory body to the City Council, to review the revenue and expenditure of funds associated with the City's potential Transactions and Use ("Sales") Tax measure (revenue measure), should the measure be successful.

Council's Strategic Goal:

This item addresses the City Council's Strategic Goal of Fiscal Responsibility.

Background:

Since December 2022, the City Council has explored placing a potential revenue measure on the November 2024 ballot for voter consideration. A Council Revenue Ad Hoc comprised of Mayor Harris and Councilmember Boomgaarden was created, and the City convened 17 community stakeholders to participate on a citizen committee to provide input to the Revenue Ad Hoc Committee. The recommendation from the Revenue Ad Hoc is summarized below:
• 1% General Tax in which funds can be spent on items such as roads and public safety • Share a portion of the revenues with Sutter County for services that provide benefit to Yuba City residents
• Include a Citizens' Oversight Committee
• Measure will be in effect until ended by voters
Over the last few weeks, staff and Councilmembers have participated in various informational meetings to discuss the proposed revenue measure. Consistently, questions have been asked about the citizens' oversight committee: the role that the committee will play and the authority that the committee will

retain.

Analysis:

Research was conducted of jurisdictions that have a Transactions and Use ("Sales") Tax in place to gain information about the structure, purpose, responsibilities, meeting frequency, and other details of their Citizens' Oversight Committee. Based on this research, staff recommends that the City Council adopt a Resolution outlining the full scope and duties of the committee. Highlights include:

Tasks or Objectives
The Citizens' Oversight Committee (Committee) shall:
• Review the revenue and expenditures of the funds generated by the general sales tax revenue measure.
• Review the annual independent financial audit of the City performed by an independent auditor on sections pertaining to the general sales tax revenue measure. • Prepare an independent report for the City Council detailing, specific to the general sales tax revenue measure: revenues, expenditures, and results of the committee's review. • Act as the Citizens' Oversight Committee for the funds shared with Sutter County. • Retain authority to submit the Committee's annual report to the Sutter County Grand Jury.

The Committee shall have no authority to direct staff or to recommend any particular contracts, projects, services, service levels, or spending priorities.

Composition
The Committee shall consist of five (5) members.

Qualifications
Each member of the Committee shall be at least 18 years of age, reside in the City of Yuba City or own a business within the City of Yuba City, and be registered to vote. A member may not be an officer or employee of the City.

Meetings
The Committee shall establish a regular meeting schedule, which shall include at least two meetings per year.

Appointment
Consistent with all other Committee appointments, an application will be required for consideration to participate on the Committee. A review team consisting of the Mayor, City Manager, and Finance Director will review applications, interview candidates, and recommend individuals to the full City Council for approval of appointment.

Fiscal Impact:

There is no fiscal impact associated with establishing the scope of a Citizens' Oversight Committee.

Alternatives:

1. Modify the tasks, objectives, composition, or member qualifications for the Citizens' Oversight Committee.

2. Delay discussion related to the Citizens' Oversight Committee to after the November 2024 election.

Recommendation:

Adopt a Resolution to establish the tasks, objectives, composition, and member qualifications for a Citizens' Oversight Committee should a potential revenue measure be successful.

Attachments:

1. Resolution - Citizens Oversight Committee
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ESTABLISHING THE

TASKS, OBJECTIVES, COMPOSITION, AND MEMBER QUALIFICATIONS FOR A CITIZENS’ OVERSIGHT COMMITTEE SHOULD A POTENTIAL REVENUE MEASURE BE

SUCCESSFUL
WHEREAS, throughout 2023 and 2024, public engagement and outreach activities were conducted to identify the community’s needs and priorities; and, WHEREAS, results from that outreach identified community needs and priorities such as police and fire, local street repair and homelessness, as well as other general revenue priorities; and WHEREAS, a general Transactions and Use (“Sales”) Tax, which could be used to fund needs and priorities of the City and other unrestricted revenue purposes, may be placed on the November 5, 2024, ballot, which will require the approval of a majority of the voters in the November election; and
WHEREAS, the City Council desires to establish the parameters for a Citizens’ Oversight Committee to review the revenue and expenditure of funds from the Transactions and Use (“Sales”) Tax, should the measure be approved by the voters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City hereby establishes the tasks, objectives, composition, and member qualifications as set forth in Exhibit A, attached hereto and made a part hereof.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 18th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Shon Harris, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney
Attachment: Exhibit A

EXHIBIT A
CITIZENS’ OVERSIGHT COMMITTEE
(Tasks, Objectives, Composition, and Member Qualifications) Section 1: Tasks or Objectives
The Citizens’ Oversight Committee (“Committee”) shall:
• Review the revenue and expenditures of the funds generated by the general sales tax revenue measure.
• Review the annual independent financial audit of the City performed by an independent auditor on sections pertaining to the general sales tax revenue measure.
• Prepare an independent report for the City Council detailing, specific to the general sales tax revenue measure: revenues, expenditures, and results of the committee’s review.
• Act as the Citizens’ Oversight Committee to Sutter County for funds shared with Sutter County.
• Retain authority to submit the Committee’s annual report to the Sutter County Grand Jury.

The Committee shall have no direct authority to direct staff or to recommend any particular contracts, projects, services, service levels, or spending priorities.

Section 2: Committee Type
Standing. The Committee shall be advisory in nature and shall not have authority to bind the City or the City Council.

Section 3: Composition
The Committee shall consist of five (5) members. At its first meeting, and then biennially thereafter, the Committee shall appoint from amongst its members a Chair and Vice Chair.

Section 4: Qualifications
Each member of the Committee shall be at least 18 years of age, reside in the City of Yuba City or own a business within the City of Yuba City, and be registered to vote. A member may not be an officer or employee of the City.

Section 5: Appointment
Consistent with all other Committee appointments, an application will be required to participate in the Committee. A review team consisting of the Mayor, City Manager, and

Finance Director will review applications, interview candidates, and recommend individuals to the full City Council for approval of appointment.

Section 6: Term
At the start of the Committee, two (2) members shall serve two (2) year terms and three (3) members shall serve three (3) year terms. Upon completion of the first round, all subsequent terms shall be three (3) years.

Section 7: Administrative Support to the Committee
City staff shall provide information to the Committee reasonably necessary to complete their specific tasks and objectives. The Committee will work primarily, but not exclusively, with the City’s Finance Department.

Section 8: Meetings
The Committee shall establish a regular meeting schedule, which shall include at least two (2) meetings per year. Regular meetings shall be held at City Hall. Special meetings may be called and held as allowed by law. The Finance Director may request from time to time that the Committee hold a special meeting. All meetings shall be noticed pursuant to the Ralph M. Brown Act, Government Code sections 54950, et seq., and be subject to the requirements of the Act.

Section 9: Reporting
Minutes of the committee shall be prepared by City staff and shall be public record, filed with the Office of the City Clerk.

Section 10: Funding
The Committee shall not require funding from the City as Committee members will serve on a voluntary, non-compensated basis.

Section 11: Miscellaneous
• Committee members will be required to file Statements of Economic Interests – Form 700 with the California Fair Political Practices Commission. • Committee members will be required to complete AB 1234 Local Ethics Training upon appointment.

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

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

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