The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.
AGENDA
DECEMBER 10, 2024
SPECIAL MEETING
CITY COUNCIL
CITY OF YUBA CITY
6:00 P.M. SPECIAL MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Shon Harris
VICE MAYOR ● Dave Shaw
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Michael Pasquale
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
SPECIAL MEETING
CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 10, 2024
6:00 P.M. SPECIAL MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_r0aKKxaCTBCVND4HXodlWw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Regular Meeting
Call to Order
Roll Call
__ Mayor Harris
__ Vice Mayor Shaw
__ Councilmember Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
Invocation/Inspiration
Posting of the Colors
Pledge of Allegiance to the Flag
Agenda Modifications
Public Communication
1. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on
action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Presentations
2. Comments from Outgoing Mayor Shon Harris
3. Presentations to Outgoing Mayor Harris
4. Proclamation for Outgoing City Clerk Jackie Sillman
5. Comments from Outgoing City Clerk Jackie Sillman
Election Results
6. Declaration of 2024 Election Results
Recommendation: Adopt a Resolution declaring the results of the November 5, 2024 General Municipal Election
7. Administer Oaths of Office
- Toni Cole, Council-elect (District 5)
- Wade Kirchner, City Council (District 4)
- Ciara Wakefield, City Clerk
- Diona Pope, City Treasurer
Business from the City Council
8. Presentation to Toni Cole, Councilmember (District 5)
9. Comments from new Councilmembers
- Councilmember Cole
- Councilmember Kirchner
10. Appointment of Mayor and Vice-Mayor
11. Comments from City Council
- Councilmembers
- New Vice-Mayor
- New Mayor
Adjournment
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 2
CITY OF YUBA CITY
STAFF REPORT
Date: December 10, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Comments from Outgoing Mayor Shon Harris
Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title
Presentation to Outgoing
Mayor Shon Harris
Comments by Outgoing
City Clerk
Jackie Sillman
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: December 10, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Declaration of 2024 Election Results
Recommendation: Adopt a Resolution declaring the results of the November 5, 2024 General Municipal Election
Fiscal Impact: None
In accordance with the California Election Code and the City Municipal Code, the City of Yuba City was required to hold an election in conjunction with the Statewide General Election being held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, City Treasurer, as well as consideration of Measure D. The City has traditionally contracted with Sutter County to provide consolidated election services. On June 18, 2024, the City Council adopted a Resolution to call and give notice of the General Municipal Election on November 5, 2024 and to proceed with an agreement for election services with Sutter County.
On October 9, 2024, City Council received a Certificate of Facts from the Sutter County Clerk - Recorder/Registrar of Voters which outlined that by the close of the nomination period on August 14, 2024:
• Only one person filed and qualified for the position of City Clerk • Only one person filed and qualified for the position of City Treasurer • Only one person filed and qualified for the position of City Council - District 4 Under the Elections Code, if only one person is nominated to be elected from or by a legislative district (i.e., they are running uncontested), the City Council may appoint to the office the person who has been nominated. On October 22, 2024, as requested by the Sutter County Clerk - Recorder/Registrar of Voters, the City Council appointed uncontested candidates effective December 10, 2024 as follows:
Name Office Term
Ciara Wakefield City Clerk 4 Years
Diona Pope City Treasurer 4 Years
Wade Kirchner City Council - District 4 4 Years
For the remaining City Council seat (District 5), the California Election Code, Section 10262(b) requires that the City Council declare elected the persons for whom the highest numbers of votes were cast for
each office. Based on the results from the General Municipal Elections held on November 5, 2024, it is recommended that the City Council declare elected the following:
City Council - District 5 (4 Year Term) Vote Count Percent Toni Cole 2,843 56.50%
During the November 5, 2024, General Municipal Election, votes were also collected for the purpose of considering Measure D:
MEASURE D – KEEP YUBA CITY SAFE MEASURE. To support vital city services such as: road repairs; increasing police and fire protection; protecting 911 emergency response times; addressing homelessness; and funding other general services and essential activity; shall an ordinance establishing a 1 percent sales tax in Yuba City, providing approximately $17,500,000 annually until ended by voters, requiring accountability, citizens’ oversight and annual audits, with all funds staying local, be adopted?
Measure D YES 11,480 Votes (46.07%) NO 13,440 Votes (53.93%) As a result of the November 5, 2024, General Municipal Election, the City Council does declare and determine that Measure D was not approved by a majority of the voters of the City of Yuba City voting in the November 5, 2024, General Municipal Election, and, as a result, there will be no change to the local sales tax percentage at this time.
Recommendation:
Adopt a Resolution declaring the results of the November 5, 2024 General Municipal Election. These recommendations are based on certified election results from the Sutter County Clerk - Recorder/Registrar of Voters.
Attachments:
1. Election Results - Resolution 12.10.24
2. Certification of Election Results 12.04.24
3. Certificate of Facts 10.09.24
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ACCEPTING THE SUTTER COUNTY REGISTRAR RECORDER/COUNTY CLERK’S
OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUINICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, AND
DECLARING THE RESULTS THEREOF
WHEREAS, a Statewide General Election and City Municipal Election were held and conducted in the City of Yuba City on Tuesday, November 5, 2024 as required by law; and WHEREAS, in all respects the election was held and conducted as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Sutter County Registrar Recorder/County Clerk canvassed the returns of the election and certified the results and facts to the City Council, and those results/facts were received, attached, and made a part hereof as “Exhibits A-C”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The vote totals for the Consolidated Municipal Election held on November 5, 2024 in the City of Yuba City, as certified by Sutter County are as follows: The whole number of ballots cast in all precincts including vote by mail were 39,867. The total number of ballots cast in the City of Yuba City Council contest were 5,032.
SECTION 2. The City Council does declare and determine that:
(a) The names of persons voted for at the election for Member of the City Council – District 5 are as follows:
Toni Cole (2,843 votes received)
John Buckland (1,925 votes received)
Vincenzo Corraza (264 votes received)
SECTION 3. That the number of votes given at each precinct to each person and the number of votes given in the City to each person for the respective offices are listed on Exhibit "A", attached. In addition, the Certificate of Facts (Exhibit “C”) outlines the appointments to uncontested offices: City Clerk, City Treasurer, City Council – District 4.
SECTION 4. The City Council does declare and determine that:
(a) Toni Cole was elected as a Member of the City Council – District 5 for the full term of four years.
(b) Wade Kirchner was appointed as a Member of the City Council – District 4 for the full term of four years.
(b) Ciara Wakefield was appointed as City Clerk for the full term of four years. (c) Diona Pope was appointed as City Treasurer for the full term of four years.
SECTION 5. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election, administer the Oath of Office, and shall have each person subscribe to it and file it in the office of the City Clerk. All of the persons so elected shall then be inducted into the office to which they have been elected.
SECTION 6. The General Municipal Election was also held on November 5, 2024 for the purpose of considering the following Measure of said City as required by laws relating to cities in the State of California:
MEASURE D – KEEP YUBA CITY SAFE MEASURE. To support vital city services such as: road repairs; increasing police and fire protection; protecting 911 emergency response times; addressing homelessness; and funding other general services and essential activity; shall an ordinance establishing a 1 percent sales tax in Yuba City, providing approximately $17,500,000 annually until ended by voters, requiring accountability, citizens’ oversight and annual audits, with all funds staying local, be adopted?
SECTION 7. That the number of votes given at each vote center and the number of votes given in the City in favor and against Measure D are listed below and in Exhibit “A” attached:
Yes – 11,480 votes received
No – 13,440 votes received
SECTION 8. That as a result of the November 5, 2024, General Municipal Election, the City Council does declare and determine that:
Measure D was not approved by a majority of the voters of the City of Yuba City voting in the November 5, 2024, General Municipal Election, and, as a result, there will be no change to the local sales tax percentage at this time.
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 10th day of December 2024.
AYES:
NOES:
ABSENT:
_______________________________
Dave Shaw, Mayor
ATTEST:
_______________________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachments:
• Exhibit A – Canvass of the November 5, 2024 General Municipal Election and Final Election Summary (Sutter County)
• Exhibit B – Certificate of Facts – Sutter County 10.09.24
EXHIBIT A
EXHIBIT B
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: December 10, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Administer Oaths of Office
Recommendation: - Toni Cole, Council-elect (District 5) - Wade Kirchner, City Council (District 4)
- Ciara Wakefield, City Clerk
- Diona Pope, City Treasurer
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title
Presentation to New
Councilmember
Comments from New
Councilmembers
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: December 10, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By:
Summary
Subject: Appointment of Mayor and Vice-Mayor
Recommendation:
Fiscal Impact:
Attachments:
None
Prepared By: Submitted By:
Name
Title
Name
Title
Comments from City
Council