Yuba City City Council
January 18, 2022

(b) Installation.
(1) The owner of every newly constructed, remodeled, or converted commercial or industrial FSE with one or more grease- generating activities, including FSEs with new or replacement kitchens for which a building permit is issued, shall install an approved grease interceptor for each grease- generating activity, of a size equal to or greater than the minimum size requirements as set forth in the most recent CPC. (2) Existing FSEs, which do not currently have a grease interceptor installed, which have caused or contributed to grease-related blockage in the sewer system, or which have sewer service laterals connected to hot spots, or which have been determined to contribute significant FOG to the sewer system by the City based on inspection or sampling, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install grease interceptors within 180 days upon notification by the Public Works Director or designee.
(3) All grease- removal devices must be installed in a location that allows for easy accessibility for inspections and maintenance.
(c) Variance. An FSE may obtain a variance from the grease- interceptor requirement to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the FSE demonstrates that it is impossible or impracticable to install, operate, or maintain a grease interceptor. The Public Works Director or designee's determination to grant a variance will be based upon, but not limited, to, evaluation existence of the following conditions:
(1) There is no adequate space for installation and/or maintenance of a grease interceptor;.
(2) There is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer; or.
(3) The FSE can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. (d) Conditional waiver. An existing FSE may obtain a conditional waiver from installation of a grease interceptor if the FSE demonstrates that it has negligible FOG discharge and insignificant impact to the sewer system. The Public Works Director or designee's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation existence of the following conditions:
(1) Quantity of FOG discharge as measured or as indicated by the size of the FSE based upon seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food, and other conditions that may reasonably be shown to contribute to FOG discharges;.
(2) Adequacy of implementation of BMPs and compliance history;. (3) Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the FSE, and history of maintenance and sewage spills in the receiving sewer system;.
(4) Changes in operations that significantly affect FOG discharge; or. (5) Any other condition deemed reasonably related to the generation of FOG discharges by the Public Works Director or designee

(e) Maintenance.
(1) Grease interceptors/traps shall be maintained in efficient operating condition by periodic removal of the full contents of the device, which includes wastewater, accumulated FOG, floating materials, sludge, and solids. This includes scraping the sides of the device to remove any build- up on the walls, baffle, and inlet or outlet tees. (2) Grease interceptors shall be fully pumped out and cleaned by a licensed hauler at a minimum of every 90 days. The Public Works Director or designee may change the required maintenance frequency at any time to reflect current operating conditions or frequency when one or more of the following conditions occur:
(i) 25% or more of the wetted height, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils, or grease prior to 90 days; or
(ii) The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the City; or
(iii) A history of noncompliance issues.
(3) If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in Section 6-5.1203(e)(2), the FSE shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the Public Works Director or designee may also increase the maintenance frequency of the grease interceptor from the current frequency.
(4) Grease traps shall be cleaned at a minimum of once per month or as often as necessary to prevent pass through of grease into the collection system. Grease traps shall be cleaned and inspected by a licensed grease hauler at a minimum of once per year or as often as necessary as determined by the Public Works Director and/or designee. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process. (5) Grease interceptors or /traps shall be periodically inspected to ensure the device remains in good working condition, including any plumbing, pipes, fittings, and manhole covers. Any repairs to the device deemed necessary by the Public Works Director or designee to the device must be completed within 14 days and must be done at the sole expense of the establishment.
(6) Wastes removed from each interceptor shall be disposed of at a facility permitted to receive such wastes. In no way shall the wastes be returned to any private or public portion of the collection system, storm drain, or the wastewater treatment plantWastewater Treatment Facility.
(7) FSEs may be required to provide a collection drum or container for the purpose of physically segregating oils, greases, and greasy solids (such as fryer oil). FSEs shall establish procedures for personnel to practice maximum segregation of oils, greases, and greasy solids to the collection drum or container prior to washing and other water cleaning which goes to the sewers. The FSE is responsible for the proper removal and disposal by a licensed rendering company of the material captured from either grease pretreatment devices on wastewater lines or the collection drum. (8) All costs associated with proper maintenance and cleaning of the grease interceptor or /trap shall be borne by the FSE.

(9) Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease interceptor serving multiple FSEs that are located on a single parcel.
(f) Record keeping. The FSE shall be required to keep all manifests, receipts, and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier, and disposal site location for no less than three years. The FSE shall, upon request, make the manifests, receipts, and invoices available to any City representative, or inspector. These records shall include:
(1) A logbook of grease interceptor, grease trap, or grease control device cleaning maintenance practices.
(2) A record of BMPs being implemented including employee training. (3) Copies of records and manifests of waste- hauling interceptor contents. (4) Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptor.
(5) Records of any spills and/or cleaning of the lateral or sewer system. (6) Any other information deemed appropriate by the Public Works Director or designee to ensure compliance with this chapter.
(g) Best management practices (BMPs). All FSEs are required to implement BMPs in its operations to reduce grease discharged to the sanitary sewer system. Detailed requirements for BMPs shall be specified in the FOG Control Program. All FSEs are required to comply with the BMPs as set forth therein as well as any additional BMPs established by the Public Works Director or designee.
(h) Falsifying information or tampering with process. It shall be unlawful to make any false statement, representation, record, report, plan, or other document that is filed with the City, or to tamper with or knowingly render inoperable any grease- control device, monitoring device, or method, or access point required under this chapter. (i) Facility closure notification. All FSEs are required to notify the Public Works Department of the facility’ies closure within 30 days of going out of business. It is the responsibility of the facility to conduct a final cleaning and pump out of any grease- removal device on hand. In the event the facility should fail to conduct a final pump out of the grease- removal device, the City reserves the right to perform such work at the expense of the property owner and/or outgoing utility customer of the closing facility. The property owner has ultimate responsibility for payment of any expenses or fees related to the facility closure, as per Section 6-5.706.(d).
(j) Right- of- entry. The Public Works Director or designee shall be provided reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time. No persons or occupants of the premises shall interfere with, delay, resist, or refuse entrance to the directorDirector, an inspector, and/or an enforcement officer attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer.

Sec. 6-5.1204. - Sewer system overflows, public nuisance, abatement orders, and cleanup costs.

FSEs found to have contributed to a sewer blockage, SSOs, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG shall be ordered to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs, or any other sewer system interferences. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances.

Furthermore, sewer service lateral failures and SSOs caused by an FSE, alone or collectively, are the responsibility of the private property owner or FSE, and individual(s) as a responsible officer or owner of the FSE. If the City must act immediately to contain and clean up an SSO caused by blockage of a private or public sewer lateral or system serving an FSE, or at the request of the property owner or operator of the FSE, or because ofdue to the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the City's costs for such abatement may be entirely borne by the property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE and may constitute a debt to the City and become due and payable upon the City's request for reimbursement of such costs. Cost recovery shall be in accordance with Title 4 Chapter 8 – Nuisance Abatement Code of this Code.

Sec. 6-5.1205. - Monitoring and reporting conditions.
(a) Monitoring for compliance with permit conditions and reporting requirements. (1) The Public Works Director or designee may require periodic reporting of the status of implementation of BMPs.
(2) The Public Works Director or designee may require visual monitoring at the sole expense of the FSE to observe the actual conditions of the FSE's servicewer lateral and sewer lines downstream.
(3) The Public Works Director or designee may require reports for self-monitoring of wastewater constituents and FOG characteristics of the FSE needed for determining compliance with any conditions or requirements as specified in the discharge permit, BMPs, or this chapter. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in the manner and form approved by the Public Works Director or designee and shall be submitted upon request of the Public Works Director or designee. Failure by the FSE to perform any required monitoring, or to submit monitoring reports required by the Public Works Director or designee constitutes a violation of this chapter and be shall cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in the FOG control program, FSE discharge permit, or in this chapter. The FSE shall be responsible for any and all expenses of the City in undertaking such monitoring analysies and preparation of reports.
(4) Other reports may be required such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the Public Works Director or designee to ensure compliance with this chapter.

Sec. 6-5.1206. - Inspection and sampling conditions.

(a) Inspection. The Public Works Director or designee may inspect or order the inspection and sample of the wastewater discharges of any FSE to ascertain whether the intent of this chapter is being met and the FSE is complying with all requirements. The FSE shall allow the City access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's GRD and, reviewing the manifests, receipts, and invoices relating to the cleaning, maintenance, and inspection of the GRD.
(b) Sampling. The Public Works Director or designee shall have the right to place or order the placement on the FSE's property or other determined locations as determined by the Public Works Director or designee, such as devices as are necessary to conduct sampling or metering operations. Where an FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

Sec. 6-5.1207. - Notification of spill and/or sewer system overflow. (a) In the event an FSE is unable to comply with any permit condition or any section of this chapter due to a breakdown of equipment, accidents, or human error or the FSE has reasonable opportunity to know that his/her/itstheir discharge will exceed the discharge provisions of the FSE discharge permit of this chapter, the discharger shall immediately notify the City. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department and the City.
(b) Confirmation of this notification shall be made in writing to the Public Works Director or designee at the address specified in the FOG control program no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. (c) Such notification shall not relieve the FSE of any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees or other liability which may be imposed by this chapter or other applicable law.

Sec. 6-5.1208. - Notification of planned changes.

An FSE shall notify the City at least 60 days in advance prior to any facility expansion, /remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. FSE shall notify the City in writing of the proposed expansion or remodeling and shall submit any information requested by the City for evaluation of the effect of such expansion on the FSE's FOG discharge to the sewer system.

Sec. 6-5.1209. – Enforcement of FOG program
Noncompliance. Failure on the part of any FSE to maintain continued compliance with any of the requirements set forth in Sections 6-5.1201 through Sections 6-5.1208 may result in the initiation of enforcement action, as outlined in Sections 6-5.1001- Sections 6-5.1003. Such enforcement action may include, but is not limited to, the issuance of a verbal warning, written warning, notice of violation (NOV), administrative order, administrative civil liability, and/or imposition of administrative fines and/or penalties.

Section 4.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 5.

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 21st day of December, 2021, and passed and adopted at a regular meeting held on the 18th day of January, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Dave Shaw, Mayor
ATTEST:
________________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLC

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Annual Community Facilities District Report Pursuant to Government Code Section 53411
Recommendation: Note and File
Fiscal Impact: Information item only
Purpose:

Supports City Council's fiscal responsibility priority by presenting the annual report of the background and current status of the Community Facilities District as required by state law.

Council's Strategic Goal:

This item addresses City Council's Strategic Goal of fiscal responsibility.

Background:

In accordance with Government Code Sections 50075.3 (regarding special taxes) and 53411 (report on bonded proceeds), a report concerning the Sunsweet Boulevard and Valencia Estates Community Facilities Districts is required to be filed annually with the City Council. This staff report serves to fulfill the requirement.

Analysis:

The report must address the following items:

Sunsweet Boulevard, established 2004

1. The amount of funds collected and expended – On May 12, 2005, the City issued $3,250,000 in Community Facilities District Bonds. Of this amount, $2,705,904 was placed into the project fund and the remainder was used for cost of issuance and to establish a reserve fund. The entire $2,705,904 has been expended on the project. On July 19, 2016, the outstanding bonds, $2,437,327, were refunded and are referred to as special tax refunding bonds, series 2016.

Special tax assessments were placed on the properties within the district in 2005 and the amount collected for calendar year 2021, as of December 31, is $231,044 in assessments.

These funds will be used to pay debt service.

2. The status of the project required or authorized to be funded – The project as defined by the “List of Authorized Facilities” (that was adopted as part of the resolution forming the district) is complete, including related improvements (traffic signal at Highway 99 and connector road to Walton Avenue on the south side of Sunsweet), with a Notice of Completion dated July, 2007.

Valencia Estates, established 2017

1. The amount of funds collected and expended – during fiscal year 2020-21, the City collected $17,972 in special assessments from the district property owners.

2. The status of the project required or authorized to be funded – the City expended $4,109.40 for district administration on behalf of the district with the remainder to fund Police protection services; Fire protection and suppression services; maintenance of parks, parkways, streets and roads, and open space; flood and storm protection services, among other less common services.

Fiscal Impact:

Report only.

Alternatives:

Not applicable.

Recommendation:

Note and file the annual Community Facilities District Report pursuant to Government Code Section 53411.

Attachments:

None
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Yuba City Purchasing System Ordinance and Purchasing Policies Update Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City amending Chapter 6 (Purchasing System) of Title 2 of the Yuba City Municipal Code by title only, and waive the second reading
Fiscal Impact: Savings of staff time and procurement costs due to improved efficiency and procurement methods.

Purpose:

To procure necessary goods and services for City operating departments in a fair, uniform, and efficient manner.

Background:

Chapter 6 of Title 2 of the City’s Municipal Code, Purchasing System, is the City’s guiding legal code for the procurement processes and authorization for all purchases of goods and services by the City. It is supplemented by a comprehensive Purchasing Policies and Procedures manual, as required by Section 2.6.24 – Rules and Regulations. The Code was last updated in 2008 to reflect the 2007 reorganization of the City which eliminated the Administrative Services Department, which had previously conducted all purchasing for the City, and to increase the bidding thresholds in response to increased costs for goods and services, including doubling the formal bid threshold to $50,000 from the $25,000 that was set in 1993 with Ordinance 16-93.

Since that time, the City has further decentralized the purchasing process, eliminated the supply warehouse, and identified a number of processes that need to be formally refined and clarified. There has also been a significant increase during the proceeding 13 years in the costs of materials, technical/maintenance services, professional services, and supplies across all relevant industries that has impacted both administrative and operational efficiency.

A committee of City staff from the Finance and Public Works Departments reviewed the existing ordinance and policies, current practices, and staff and vendor feedback, and recommends a number of refinements and additions to provide clearer and more uniform guidelines for procurement as well as increasing the authorization thresholds for approving purchases and signing contracts.

Analysis:

Many of the edits in the proposed ordinance (Attachment 1) and updated Purchasing Policies and Procedures (Exhibit 2A) are to clarify language and guidelines and improve reading comprehension for staff users and vendors. This includes restructuring the process guidelines to separate the procurement requirements for materials, technical/maintenance services, and supplies at the informal and formal bidding limits from the professional services procurement requirements, adding an appendix of definitions and expanded information about exemptions from competitive bidding (sole source vendors), contract amendments, and bid specifications and documents, and eliminating redundant or obsolete processes such as requirements regarding the warehouse stock.

In addition, there are two main purposes of the proposed updates: formalize the decentralized purchasing process to reflect current practices and staffing and adjust the dollar authorization thresholds to match changes in industry pricing and more efficiently meet the needs of operating departments. The approval of the Purchasing Policies and Procedures by the City Council would also include refinements to the authorization of signatory authority thresholds.

Decentralized Procurement:

Following the reorganization of the City, the Finance Department was given responsibility for the management and supervision of the purchasing process; however, due to staffing levels and other responsibilities, many of the duties and responsibilities for procurement and approval were transferred to the operating departments themselves rather than remaining centralized as they had been under the previous system. While this decentralization was anticipated at the time of reorganization in 2008, practical application and changes in staffing have highlighted a number of necessary changes to better solidify and facilitate the decentralized purchasing system.

Examples of decentralized responsibilities that have been expanded, added, or clarified in this update include:
 Procurement under the Public Contract Code, including formal public project bids, to the Engineering Division of Public Works
 Vendor relations and vendor evaluation are transferred to the operating departments  Formal bids or proposals may be conducted by qualified staff from operating departments, rather than just Finance
 Finance is no longer required to evaluate and approve sole source justifications  Evaluation of specifications and bids are transferred to the operating departments Procurement Authorization Thresholds:

Costs for goods and services have increased substantially across the City’s many industries since the last update of the ordinance in 2008, and overall inflation is now rising at its fastest rate in almost 30 years. Therefore, many common purchases and projects that could have been previously purchased quickly by staff via small purchase order or procurement card or repair services that could be readily contracted by the operating department now exceed upper thresholds, causing delays and adding extra administrative processes that were previously unnecessary for the same procurements.

In order to address inflation, better facilitate the decentralized system, and streamline the procurement process to be more efficient and user-friendly for both staff and vendors, staff recommends increasing all of the dollar authorization thresholds. The limits for the Department Head and their staff are proposed to increase at a higher ratio in order to reflect the increased independent responsibility of the

operating departments in the decentralized system. The current and proposed limits are included in the table below.

Changes to Procurement Authorization Thresholds:

Authority to Approve Current Limit Proposed Limit Procurement Requirement
Staff – small purchase order &
procurement card
$1,000 $5,000 No
competition
required
Department Head $5,000 $25,000
Finance Director $25,000 $50,000
City Manager $50,000 $100,000
Informal – 3
quotes if
possible
Council >$50,000 >$100,000 Formal bid
Exceptions to Procurement Requirements:
 Professional services do not have a competitive requirement (request for proposal process is recommended when possible).
 Public projects are subject to the Public Contract Code instead, which includes dollar thresholds, bidding requirements, and authorization instructions.  Finance-maintained direct pay list for unique procurement situations is exempt from much of the regular City encumbrance process, such as invoices from government agencies, utility providers, and subscription services.
 The City may participate in collective, cooperative bids with other agencies or “piggyback” off of a competitively bid contract from another agency.

On December 21, 2021, City Council introduced the proposed Ordinance and adopted the Purchasing Policies and Procedures Manual Update.

Fiscal Impact:

There is no immediate cost to enacting the ordinance outside of staff time to develop and implement the changes to the Municipal Code. Staff expects time efficiencies and cost savings due to increased contracting and expenditure flexibility and the streamlined procurement process.

Alternatives:

1. Direct staff to modify the proposed code and/or policy manual.

2. Do not amend the code and/or policy.

Recommendation:

Adopt an Ordinance of the City Council of the City of Yuba City amending Chapter 6 (Purchasing System) of Title 2 of the Yuba City Municipal Code by title only, and waive the second reading.

Attachments:

1. Purchasing Ordinance Attachment 1 - Ordinance Update

2. Purchasing Ordinance Attachment 2 - Policy Manual Adoption

3. Purchasing Ordinance Exhibit 2A - Purchasing Manual
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst I
Diana Langley
City Manager

01248.0001/753403.1
ATTACHMENT 1

01248.0001/753403.1
ORDINANCE NO. _________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING CHAPTER 6 (PURCHASING SYSTEM) OF TITLE 2 OF THE YUBA CITY MUNICIPAL CODE WHEREAS, the City Council of Yuba City (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council has adopted the Yuba City Municipal Code, which it periodically updates to improve the operations of the City and the quality of its services; and WHEREAS, City Council desires to update and amend the Yuba City Municipal Code Title 2 Chapter 6 (Purchasing System) to best address the operational needs of the City.

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

Section 1.

The above recitals are all true and correct and are hereby adopted as findings.

Section 2.

The proposed ordinance was assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines (“CEQA Guidelines”), and the environmental regulations of the City. The City Council finds and determines that the proposed ordinance is not a “project” for the purposes of CEQA and consistent with CEQA Guidelines Section 15378, as it is a continuing administrative activity of general policy and procedure making that will not result in direct or indirect physical changes in the environment. Therefore, the proposed ordinance is not subject to CEQA.

Section 3.

Chapter 6 (Purchasing System) of Title 2 of the Yuba City Municipal Code hereby is amended to read in its entirety as follows:

CHAPTER 6. PURCHASING SYSTEM
Sec. 2-6.01. Purpose and objectives.

The purpose of this chapter is to establish efficient procedures for the purchase of supplies, materials, equipment, contractual services, and construction work for both public projects as defined in the Public Contracts Code or non-public projects for the City at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, and to clearly define the authority for the purchasing function.

Sec. 2-6.02. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Contractual services:" Tshall mean the rental, repair, or maintenance of equipment, machinery, and other City-owned property and other services of a like nature. (b) "Open market purchases:" Pshall mean purchases made without prior newspaper advertising or Council action.
(c) Professional services: Services performed 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. This may also include services requiring peculiar or specialized abilities which by state law do not require competitive bidding. (d) "Public project:." The City elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code ("Act"), and the uniform construction cost accounting procedures as set forth in said Act. Public project shall be as defined in the Act and shall be performed or awarded in accordance with the Act as the Act now reads or as hereinafter amended. (ed) "Purchasing Officer:" Tshall mean the City Manager and/or the individual(s) designated by the City Manager as Purchasing Officer.
(fe) "Supplies, " "materials," and "equipment:" Ashall mean any and all articles or things which shall be furnished to or used by any department, or division thereof. (g) Operating department: Any department that utilizes the goods and/or services purchased under a requisition.

Sec. 2-6.03. Purchasing subject to other regulations.

Purchases of supplies, materials, equipment, contractual services, and public projects shall be made subject to such regulations as may be prescribed by resolution of the Council and to the provisions of the Public Contract Code.

Sec. 2-6.04. Exemptions from centralized purchasing.

The City Manager or designee shall be authorized to process for payment those claims against the City where a reasonable advance estimate of costs is not possible or for essential services of a recurring nature. Included, but not limited to this authorization, shallThis shall include, but is not limited to, be such items as utility services for telephone, electricity, and gas, approved claims for liability under the City's insurance program, renewal premiums for authorized insurance policies, and all expenditures for the City's payroll and employee withholdings.

Sec. 2-6.05. Purchasing Officer—Powers and duties.

The Purchasing Officer shall have the power and duty to purchase or contract for supplies, materials, equipment, and contractual services needed by any and all departments of the City.

Sec. 2-6.06. Estimates of requirementsProcurement documentation.

All operatingusing departments shall file with the Purchasing Officer detailed estimatesappropriate documentation of their requirements for supplies, materials, equipment, and contractual services in such manner, at such times, and for such future periods as the Purchasing Officer shall prescribe and in accordance with the City’s retention policy.

Sec. 2-6.07. Requisitions.

Each department, or division thereof, shall utilize the form of requisition to be prescribed by the Purchasing Officer. No purchase requisition shall be initiated unless the department has a sufficient unencumbered balance in excess of all unpaid obligations to defray the amount of such order.

Sec. 2-6.08. Open market purchases and sales.
(a) Purchases up to $51,000. The small purchase order or procurement card, as prescribed by the Purchasing Officer, may be used for purchases up to $51,0000 by any employee authorized by their Ddepartment Hhead. Procurement Card purchases as prescribed by the Purchasing Officer may be used for purchases up to $1,000. (b) Purchases and sales up to $25,000.
(1) Purchases up to $25,000. The large purchase order prescribed by the Purchasing Officer may be used for the purchase of supplies, materials, equipment, or contractual services greater than $51,000 and up to $25,000, and may be made by City departments in the open market. Insofar as it is practical, no less than three quotes vendors shall be solicited to submit quotationsfrom vendors. Award shall be made to the responsible vendor offering the lowest acceptable quotation. The names of the vendors submitting quotations, the date, and the amount of the quotation shall be recorded and maintained as a public record.
(2) Sales up to $25,000. City property, except real property, that has become obsolete or is to be disposed of for any other reason valued up to $25,000 may be sold by the Purchasing Officer in the open market. Insofar as it is practical, no less than three offers shall be solicited from potential buyers. The sale shall be made to the buyer making the highest offer.
(c) Purchases and sales up to $10050,000.
(1) Purchases up to $10050,000. Purchases of supplies, materials, equipment, or contractual services greater than $25,05,000 and up to $10050,000 may be made by the Purchasing Officer in the open market through the informal bid process. The large purchase order shall be as prescribed by the Purchasing Officer. (2) Sales up to $10050,000. City property, other than real property, that has become obsolete or is to be disposed of for any other reason and whose value is greater than $255,0000 and up to $10050,000 may be sold by the Purchasing Officer through the informal bid process. Insofar as it is practical, no less than three offers shall be solicited from potential buyers. The sale shall be made to the buyer making the highest offer.
(d3) Soliciting informal bids. The Purchasing Officer shall serve the best interest of the City through soliciting informal bids by direct mail requests/e-mail, checking prices by telephone

inquiry, the comparison of prices on file, use of the internet, or by other appropriate means.

Insofar as it is practical, no less than three vendors shall be solicited to submit quotations.

Informal bid awards for purchases shall be made to the responsible vendor offering the lowest acceptable quotation, sales shall be made to the buyer making the highest acceptable offer. The Purchasing Officer shall keep a record of all open market purchases and sales and informal bidding competition thereon, and such records shall be maintained as a public record.
(ed) Rejection of informal bids, offers, or quotations. The Purchasing Officer may reject any and all informal bids, offers, or quotations when, in his or her at the Purchasing Officer’s discretion, it shall be in the best interest of the City to do so. (fe) Public projects informal bidding procedures. Except as otherwise authorized by Section 22032(a) of the Public Contract Code, pPublic projects as defined by the Uniform Public Construction Cost Accounting Act may be let to contract by informal procedures as set forth in Section 22000, et seq., of the Act as follows:
(1) A list of contractors shall be developed and maintained in accordance with the provisions of Public Contracts Code § 22034 and criteria promulgated from time- totime by the California Uniform Construction Cost Accounting Commission. (2) Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed, faxed, or emailed mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Public Contracts Code § 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the City, provided, however:
(i) If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.
(ii) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(3) The Purchasing Officer is authorized to award informal contracts pursuant to this chapter.
(4) All mailing of notices to contractors and construction trade journalspursuant to this subsection shall be completed not less than ten calendar days before the bids are due.
(5) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

Sec. 2-6.09. Purchases and sales - above limits for formal bidding. (a) (a) Soliciting bids; notices. Purchases of supplies, materials, equipment, contractual services, and sales of City property, except real property, which has become obsolete or unusable or for any other reason is to be disposed of, when the total expenditure or the value of the City property to be sold exceeds the limits of Section 2-6.08(c) of the City of Yuba City Municipal this Code as the same now reads or as hereinafter amended, shall be

made after notice has been posted on the City’s website and/or two notices inviting bids are published in a newspaper of general circulation within the City, the first publicationadvertisement of which shall begin at least ten 14 days before the time for opening the bids.
(1) Notices for receivinginviting formal bids for the construction of public projects willshall be provided in accordance with Public Contracts Code § 22037. (b) Tabulating bids and award. At the time specified in the notice inviting bids, such bids shall be opened publicly and declared by the City Clerk or designee. The Purchasing Officer or designee shall review all bids received and make award recommendations to City Council.

Public records of all bids received shall be maintained as per the City’s retention policy. (c) Rejection of bids. The City Manager or /City Council may reject any and all bids presented and may re-advertise at its discretion.

Sec. 2-6.10. Splitting purchases prohibited.

No undertaking involving amounts in excess of the statutory limits set forth in Section 2-

6.09(a)08(a), (b), and (c) of this Code hereof shall be split into parts by the Ddepartment Hhead requesting the purchase or by the Purchasing Officer so as to produce amounts less than the referenced statutory limits set forth herein for the purpose of avoiding the provisions of this chapter.

Sec. 2-6.11. Bidder's security.

When deemed necessary by the Purchasing Officer, bidder's security may be required.

Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit his or her the bid security upon refusal or failure to execute the contract within 10ten days after the contract is awarded, unless the City is responsible for the delay. On the refusal or failure of the successful bidder to execute the contract, the bid may be awarded to the next lowest responsible bidder. If the contract is awarded to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

Bidder's security for the construction of public projects shall be required in accordance with Public Contracts Code § 20170 or as amended.

Sec. 2-6.12. Performance bonds.

When deemed necessary by the Purchasing Officer, a performance bond may be required before entering into a contract in such amount as is reasonably necessary to protect the best interests of the City.

Sec. 2-6.13. Labor/materialPayment bonds.

When deemed necessary by the Purchasing Officer, or for a public works contract involving an expenditure in excess of $25,000 as said amount may be amended by Civil Code § 9550, a labor/material bond maypayment bond shall be required before entering into a contractcommencement of work in such amount as is reasonably necessary to protect the best interest of the City. Labor and materialsPayment bonds for the construction of public projects shall comply with the requirements of Civil Code § 9554will be in accordance with Civil Code § 3247 or as amended.

Sec. 2-6.14. Exemptions from competitive bidding.

Competitive bidding requirements for purchases and sales over the limits set forth in Section 2-6.089 may be waived when the Council determines that it is in the best interest of the City to do so. The conditions authorizing waiver of the competitive bidding requirements may include, but not be limited to, cooperative purchasing or sales in conjunction with other governmental entities (including piggybacking), professional services, annual service or supply agreements, or purchases necessary for standardization on particular types of equipment or sole source when the purchase or sale can only be obtained from one source.

Sec. 2-6.15. Emergency purchases including public projects. (a) In the event an emergency shall arise which precludes action by the Council and which that requires any purchase of supplies, materials, equipment, or contractual services, the Purchasing Officer is hereby authorized to secure in the open market at the lowest obtainable price any such supplies, materials, equipment, or contractual services even though the amounts thereof shall exceed the statutory limits set forth in Section 2-6.098. In each such instance, the Purchasing Officer shall submit to the Council in writing a full explanation of the circumstances of such emergency and a description of the supplies purchased; this which report shall become a part of the records of the next ensuing meeting of the Council and be open for public inspection. (b) Pursuant to the Public Contracts Code § 22050, in the event of an emergency for public projects, the authority to order any action required by an emergency to procure the necessary equipment, services, and supplies, without giving notice to bids to let contracts, is delegated to the City Manager. If the City Manager orders such action, the City Manager shall report to the Council at its next meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. The Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the City Manager has terminated that action prior to the Council reviewing the emergency action and making a determination pursuant to this Subsection.

Sec. 2-6.16. Purchase orders—Preparation.

Upon ascertaining the price to be paid for any supplies, materials, equipment, or contractual services, the Purchasing Officer shall prepare a purchase order on a prescribed form.

Sec. 2-6.17. Encumbrance of funds.

Upon the receipt of a copy of the purchase order from the Purchasing Officer, the Finance Division shall encumber any amount of purchase over $51,000 against the unencumbered appropriated balance indicated on the records of such department as the purchase is made.

This may be completed electronically.

Sec. 2-6.18. Receipt of purchases.

Upon the receipt by any department of supplies, materials, and equipment, and contractual services, the operating Ddepartment Hhead or designee shall be responsible for the making of a careful check of the quality, condition, and quantity received against a copy of the purchase order and the packing lists. If all of the supplies, materials, and equipment referred to in the purchase order have been received, the department head or designee shall sign the receiving copy of the purchase order, attaching thereto the packing lists/invoice, if any, and forward the same to the Finance Department. If a delivery represents only a partial delivery of the supplies, materials, and equipment, the department receiving the delivery shall request a partial payment for the items actually received and send the request to the Finance Department, as appropriate.

Upon receiving the balance of the order, the department head shall sign the receiving copy of the purchase order and return it to the Finance Department. to determine their conformance with the specifications set forth in the order or contract. If the goods or services have been determined to be satisfactory and in conformance with the purchase order, the operating department shall approve and forward any invoice(s) to the Finance Department for payment.

Sec. 2-6.19. Invoices.

The Finance Department shall compare the vendor's invoice with the copy of the purchase order. It shall check the invoice for correctness of unit prices, discounts, transportation allowances, and the like, and with the reports of quantity and quality of goods received. Upon satisfaction that the invoice is correct, the Finance Department shall approve the invoice for payment.

Sec. 2-6.20. Inspections of goods received.

The Purchasing Officer shall inspect, or cause to be inspected, all deliveries of supplies, materials, equipment, and contractual services to determine their conformance with the specifications set forth in the order or contract. Any department, or division thereof, having the staff and facilities for adequate inspection may be authorized by the Purchasing Officer to inspect all deliveries made to such using department.

Sec. 2-6.21. Storerooms and warehouses.

The Purchasing Officer shall control and supervise, or cause to be controlled and supervised, all storerooms and warehouses.

Sec. 2-6.22. Warehouse revolving fund—Inventory records.

The Council shall provide a warehouse revolving fund of sufficient amount to finance the purchase and storage of supplies, materials, and equipment which are used in sufficient quantities to effect advantageous purchasing and storage. Such fund shall be under the control of the Purchasing Officer, who shall also be responsible and accountable for all supplies, materials, and equipment in his or her custody and shall maintain, or cause to be maintained, a suitable inventory record thereof.

Sec. 2-6.203. Surplus and unclaimed property.
(a) Surplus/unclaimed property. The Purchasing Officer shall have the authoritypower to sell, exchange, or trade in all supplies, materials, and equipment which are no longer used, or

which have become obsolete, worn out, or scrapped, or which have become unsuitable for public use. The Purchasing Officer shall have the power to sell unclaimed property. , or to exchange for or trade in the same on new supplies, materials, and equipment. All unclaimed property shall be sold or otherwise disposed of in accordance with Civil Code § 2080 et seq. The Purchasing Officer shall have the power to sell unclaimed property. All sales shall be in accordance with the provisions outlined in Section 2-6.08 and Section 2-

6.09. (b) Disposal of personal property not worth more than $500. Pursuant to Welfare and Institutions Code § 217, in lieu of the provisions contained in Civil Code § 2080, an alternative procedure is established with respect to the disposal of unclaimed personal property not worth more than $500. The Purchasing Officer is authorized with respect to such personal property, not worth more than $500 which hasve been unclaimed for at least 90 days, to transfer and deliver any such items to the Probation Officer of the County, to the Welfare Department of the County or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, and which is exempt from income taxation under fFederal or sState law, or both, for use in any program or activity designed to prevent juvenile delinquency.

Sec. 2-6.214. Rules and regulations.

The Purchasing Officer shall establish, and from time- to- time amend, all rules and regulations authorized by this chapter and any others necessary to its operation. Such rules and regulations, and amendments thereto, shall be subject to the approval of the Council by resolution.

Sec. 2-6.25. Annual reports.

The Purchasing Officer shall submit to the Finance Department an annual inventory of the supplies, materials, and equipment purchased through the Warehouse Revolving Fund for the prior fiscal year.

Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 5. 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 21st day of December, 2021, and passed and adopted at a regular meeting held on the ____th day of ______________, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

01248.0001/753403.1
_____________________________
Dave Shaw, Mayor
ATTEST:
________________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLC

ATTACHMENT 2

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ADOPTING THE PURCHASING POLICIES AND PROCEDURES MANUAL UPDATE WHEREAS, the City Council is in the process of updating and amending Yuba City Municipal Code Chapter 6 (Purchasing System) of Title 2 to best address the operational needs of the City; and
WHEREAS, as part of this process, the Purchasing Officer, per Municipal Code Section 2-6.21.

Rules and Regulations, remains charged to establish and amend all necessary rules and regulations to properly carry out the operations of the Purchasing System, subject to approval of the City Council by resolution; and
WHEREAS, the City of Yuba City has prepared an updated Purchasing Policies and Procedures manual to instruct staff on the procurement of materials, supplies, technical/maintenance services, professional services, and all other desired purchases in accordance with and to implement the proposed changes to the City’s Municipal Code; and WHERAS, the City Council now desires to contingently approve the updated Purchasing Policies and Procedures manual subject to the enactment of the proposed changes to Chapter 6 of Title 2 of the City’s Municipal Code; and
WHEREAS, it is also the Council’s intent to update the signatory authority thresholds as part of the approval of the Purchasing Policies and Procedures.

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

1. The City Council adopts the Purchasing Policies and Procedures, dated January 2022 and attached hereto as Exhibit 2A, subject to an “Ordinance of the City Council of Yuba City Amending Chapter 6 (Purchasing System) of Title 2 of the Yuba City Municipal Code” being adopted and becoming effective within 90 days of the approval of this Resolution.

The City Council further authorizes the Purchasing Officer or designee to make any minor and typographical edits to said Purchasing Policies and Procedures as deemed necessary.

2. The City Council authorizes the Purchasing Officer to administer and designate the procurement of goods and services as described therein, upon the adoption and enactment of the “Ordinance of the City Council of Yuba City Amending Chapter 6 (Purchasing System) of Title 2 of the Yuba City Municipal Code.” The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of December, 2021.

AYES:

NOES:

ABSENT:
________________________________

Mayor
ATTEST:
________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
______________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit 2A: Purchasing Policies and Procedures

City of Yuba City Purchasing
City of Yuba City Updated January 2022

PURCHASING

POLICIES AND

PROCEDURES
Continuity
Uniformity
Fairness
Equity
Responsibility

CITY OF YUBA CITY PURCHASING POLICES AND PROCEDURES

TABLE OF CONTENTS
SECTION 1: PURPOSE AND POLICY STATEMENT 1
1-1.Purpose 1
1-2.Policy Statement 1
SECTION 2: ETHICS, GIFTS, AND UNAUTHORIZED PURCHASES 1
2-1. Code of Ethics 1
2-2. Gifts and Special Considerations 2
2-3. Unauthorized Purchases 2
SECTION 3: PURCHASING OFFICER RESPONSIBLITIES 3
SECTION 4: FINANCE DEPARTMENT RESPONSIBILITIES 3
SECTION 5: PUBLIC CONTRACT CODE 4
5-1. Engineering Division Responsibilities 4
SECTION 6: CITY CLERK RESPONSIBILITIES 4
SECTION 7: OPERATING DEPARTMENTS RESPONSIBILITIES 5
SECTION 8: PROCUREMENT PROCEDURES 6
8-1. Informal Procurement 6
8-2. Formal Procurement Over $100,000 7
8-3. Technical/Maintenance Services 9
8-4. Standard Agreement 10
8-5. Blanket Purchase Orders 10
8-6. Changes to and Cancellation of Purchase Orders 11
SECTION 9: SPECIAL PROCUREMENT CIRCUMSTANCES 11
9-1. Finance Department Procurements 11
9-2. CDBG and Other Applicable Federal Grants 12
9-3. Sole Source Purchases 12
9-4. Emergency Purchases up to $100,000 13
9-5. Emergencies Over $100,000 13
9-6. Emergency Public Projects 13
9-7. Cooperative Purchases 13
9-8. Piggyback onto Existing Contract 14
9-9. Exemptions from Obtaining a Purchase Order 14
SECTION 10: PROFESSIONAL SERVICES 16
10-1. Definition 16

10-2. Operating Department Responsibilities 16
10-3. Decentralized 16
10-4. Solicitation of Proposals 17
10-5. Selection of Consultant 17
10-6. City Attorney Review and Approval 17
10-7. Procurement Limits 17
10-8. Changes to and Cancellation of Purchase Orders 18 SECTION 11: CONTRACT AMENDMENTS FOR TECHNICAL/MAINTENANCE OR PROFESSIONAL SERVICES 18
11-1. Operating Department Responsibilities 18
11-2. Amendment Cost Limits 19
SECTION 12: SPECIFICATIONS 19
12-1. Developing Specifications 19
12-2. Standardization 20
12-3. “Or Equal” 20
12-4. Vendor Assistance in Writing Specifications 20
12-5. Review of Specifications 20
SECTION 13: VENDOR RELATIONS 21
SECTION 14: PROTEST PROCEDURE AND ADMINISTRATIVE APPEAL 21 14-1. Bid Protests 21
14-2. Administrative Appeals 22
14-3. Public Project Protests and Appeals 22
SECTION 15: SURPLUS AND UNCLAIMED PROPERTY 23
15-1. Surplus/Unclaimed Property 23
15-2. Disposal of Personal Property (Less than $500) 23 SECTION 16: FEDERALLY DECLARED EMERGENCIES 23
APPENDIX I: DEFINITIONS

1 CITY OF YUBA CITY

PURCHASING POLICIES AND PROCEDURES
Effective January 2022
SECTION 1: PURPOSE AND POLICY STATEMENT
1-1. Purpose:

The purpose of these policies and procedures is to provide the City of Yuba City a means of assuring continuity and uniformity in its purchasing practices; to provide for the fair and equitable treatment of all persons involved in the procurement process; to define the responsibilities of the Purchasing Officer, Finance Department, Engineering Division, City Clerk, and operating departments; and to develop a purchasing manual.

The guiding principle of these purchasing procedures shall be to comply with state law, the City’s Municipal Code, and the adopted budget on all purchases and contracts.

Guidelines for purchasing materials, supplies and services are provided herein and the “City of Yuba City Procurement Card Handbook,” which is available on CityNET. 1-2. Policy Statement:

The policies and procedures contained herein are promulgated under the authority of the Yuba City Municipal Code Title 2, Chapter 6, Section 21, which states: “The Purchasing Officer shall establish, and from time-to-time amend, all rules and regulations authorized by this chapter and others necessary to its operation. Such rules and regulations, and amendments thereto, shall be subject to the approval of the Council by resolution.” The Finance Director is charged with the responsibility and authority for coordinating and managing the procurement of the City’s materials, supplies, and services.

Procedures outlined herein are to be followed by the Finance Department and operating departments when procuring materials, supplies, and services.

SECTION 2: ETHICS, GIFTS, AND UNAUTHORIZED PURCHASES
2-1. Code of Ethics:

1. To regard public service as a sacred trust, giving primary consideration to the interests of the public agency and citizenry that employ us.

2. To purchase without prejudice, seeking to obtain the maximum value for each dollar expended.

3. To avoid unfair practices, giving all qualified vendors equal opportunity.

4. To honor our obligations and require that obligations to our public agency be honored.

2 5. To accord vendor representatives courteous treatment, remembering that these representatives are important sources of information and assistance in solving our purchasing needs.

6. To refuse to accept any form of commercial bribery and prevent any appearance of so doing.

7. To be receptive to counsel from our colleagues and to cooperate with them to promote a spirit of teamwork and unity.

8. To conduct ourselves with fairness and dignity, and to demand honesty and truth in the purchasing process.

9. To strive for greater knowledge of purchasing methods and of the materials we purchase.

10. To cooperate with all organizations and individuals involved in activities designed to enhance the development of the purchasing profession, remembering that our actions reflect on the entire purchasing profession.
2-2. Gifts and Special Considerations:

These policies and procedures shall not be used by a City employee to procure, or assist in procuring, any materials, supplies, services, or equipment for the personal use of any employee, officer, or official of the City.

City employees, officers, or officials by virtue of position are not entitled to any special consideration from vendors and merchants in their personal affairs, nor are they to attempt to procure materials for personal use or for any other person.

City employees shall not solicit or accept gifts, entertainment, or anything more than $50.00 in value from vendors or others. Examples of acceptable gifts might include pencils, scratch pads, and other advertising supplies.
2-3. Unauthorized Purchases:

Except for procurement card purchases, emergencies, or other authorized exemptions, no purchases shall be made without an authorized purchase order. Purchases without an authorized purchase order or otherwise falling within an exception are void and not considered an obligation of the City. See Section 9 (Special Procurement Circumstances) for further information on exemptions from the purchase order process.

Invoices without an authorized purchase order, except for procurement card purchases and other authorized exemptions per Section 9, may be returned to the vendor unpaid at the discretion of the City.

The person ordering the unauthorized purchase may be held personally responsible for the error per the Personnel Rules and Regulations Section 1.16 – Discipline.

3 SECTION 3: PURCHASING OFFICER RESPONSIBILITIES
When there is reference to the Purchasing Officer, it refers to the City Manager or their designee. The Purchasing Officer duties are generally delegated to the Finance Director or their designee. The Purchasing Officer shall:

1. Be charged with the responsibility and authority for coordinating and managing the procurement of the City’s materials, supplies, and services.

2. Negotiate, purchase, and/or contract for the City the needed quality in equipment, supplies, and services from the lowest responsible bidder.

3. Endeavor to promote full and open competition on purchases when at all possible.

4. Monitor and ensure (or cause to be) that no single professional services consultant or sole-sourced vendor is paid more than $100,000 per fiscal year without prior Council authorization.

5. Revise and maintain these policies and procedures as needed to ensure Municipal Code compliance and protect the interest of the City of Yuba City.

6. Ensure adequate funding is secured in the fund accounts against which any purchase is to be charged.

When there is reference to the City Manager by title, it refers to the City Manager in their role as the Chief Executive Officer and their authority to approve and sign contracts and purchase orders.

SECTION 4: FINANCE DEPARTMENT RESPONSIBILITIES
The Finance Department shall ensure that the purchasing functions operate efficiently and assist operating departments. Finance shall:

1. Maintain open communication with operating departments and become acquainted with the needs of the various City departments and divisions.

2. Support department/division requisitions.

3. Assist purchasing, as needed, materials, supplies, and services required by any department/division.

4. Follow-up, expedite, and resolve problems with orders as requested.

5. Identify, evaluate, and utilize purchasing arrangements which best meet the needs of the City (e.g., cooperative purchases, blanket purchase orders, contractual agreements, etc.)

6. Assist operating departments with research and recommendations for developing specifications, and review specifications for completeness of information and open and competitive language.

7. Issue purchase orders to the requesting operating departments after completion of all required procurement processes.

8. Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of purchasing.

4 9. Act as the City’s agent in the disposal and transfer of surplus materials. The Finance Department may designate the operating departments to assist in or conduct this process.

10. Prescribe and maintain all forms and records necessary for efficient operation. The most current and acceptable mandatory and voluntary forms and templates shall be readily accessible to the operating departments on CityNet. The Standard Agreement and Professional Services Agreement templates shall be as approved by the City Attorney.

11. Maintain approved direct pay vendor list.

SECTION 5: PUBLIC CONTRACT CODE
The City’s Engineering Division of the Public Works Department is the focal point for all “public projects.” As per City Municipal Code 2-6.02(d) (Public project):

The City elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code (“Act”), and the uniform construction cost accounting procedures as set forth in said Act. Public project shall be as defined in the Act and shall be performed or awarded in accordance with the Act as the Act now reads or as hereinafter amended.
5-1. Engineering Division Responsibilities:

1. Maintain a bid numbering system to be used citywide for all informal and formal Public Contract Code bids.

2. Maintain the City’s required public record for all Public Contract Code bids.

3. Mail a written notice in November, of each year, to construction trade journals/exchanges in accordance with the Cost Accounting Polices and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission.

4. Maintain a Public Works construction projects formal and informal bidding matrix.

5. Assign a project lead for all Public Works formal bid projects being conducted for the City.

6. Have a representative attend their bid opening to be held publicly.

SECTION 6: CITY CLERK RESPONSIBILITIES
City Clerk or designee shall:

1. Receive and hold Finance formal and Public Contract Code bids prior to the bid opening.

2. Date and time stamp bids at the time of receipt. Bids will also be logged into a tracking system devised by the Office of the City Clerk.

3. Open and read bids publicly at the location, date, and time specified.

5 4. Maintain and publicly post the official bid clock; the clock shall be clearly visible and marked.

SECTION 7: OPERATING DEPARTMENTS RESPONSIBILITIES
Any department that utilizes the goods and/or services purchased under a requisition shall be referred to as an operating department. Operating departments shall:

1. Maintain open communication with the Finance Department.

2. Monitor for any problems with vendor relations, shipping, (e.g., damaged goods, late delivery, wrong items delivered, incorrect quantity delivered, etc.) and any situations and/or concerns as necessary, in order to follow-up and resolve the problem.

3. Review and update annually, or as needed, an authorized signature list designating those individuals who are delegated the authority to sign purchase orders, Request for Payment forms, and invoices eligible for payment and their specified dollar limits. The Department Head shall provide this authorized signature list to the Purchasing Officer or designee on the form provided on CityNet.

4. Anticipate requirements sufficiently in advance, allowing adequate time to obtain materials, supplies, and services in accordance with the best purchasing practices.

5. Provide detailed and accurate specifications to ensure materials, supplies, and services obtained are consistent with expectations and requirements.

6. Coordinate and establish vendor relations, locate vendors, and evaluate vendor performance, bids, and responses.

7. Strive to obtain the highest quality goods consistent with operational needs, from the most responsible bidder, offering a price that is the most advantageous to the City.

8. Prepare purchase orders/requisitions carefully and properly in accordance with instructions; submit purchase requisitions to the Finance Department through the City’s finance management software (Pentamation at time of policy approval).

9. Minimize emergency and sole source purchases and, when such purchases are necessary, fully comply with the Municipal Code and this policy, including obtaining City Council or City Manager approval whenever necessary.

10. Make written recommendations, as required, based upon specification criteria, as well as perform reference checks to assist in determining lowest responsible bidder/proposer. Present a written memorandum to Finance when less than three quotes have been received or when not awarding to the lowest responsible vendor.

11. Ensure adequate funding is available in the fund accounts against which any purchase is to be charged.

12. Authorized individuals may purchase materials, supplies, and services by small purchase order or procurement card of a value up to $5,000. Departments must exercise reasonable prudence in seeking price quotes when purchasing such items.

All such purchases shall be made with funds in an unencumbered appropriation.

6 SECTION 8: PROCUREMENT PROCEDURES
The primary purchasing objective is to obtain suitable goods, services, and construction at economic prices, as these acquisitions are direct costs to the taxpayer. The Municipal Code and purchasing policy require competition for all purchases over $5,000 and sealed competitive bids for over $100,000.

1. Bidding limits are generally “per order,” and orders are not to be split to circumvent the specified limits.

2. The estimated full-value cost of the item plus tax before any discount is the amount to be considered in determining bidding requirements. Even though the net purchase price could be lower than the bid thresholds, the asset value would be the full price of the item.

All purchases of supplies, equipment, and technical/maintenance services which qualify as part of a public project as defined by the Uniform Construction Cost Accounting Act shall be made in accordance with the Public Contract Code and Municipal Code Section 2-6.02. (see Section 5).
8-1. Informal Procurement:

The bidding limits below refer to supplies and technical/maintenance services and do not include professional/consultant services (see Section 10) or “public projects” (see Section 5). The bidding limits are below.
8-1.1. Bidding Limits and Requirements:

Bidding Limit Approving Authority
Procurement
Requirement Document Retention
Up to $5,000 Authorized staff
No competition
required
No separate retention –
invoice should be
attached to small PO or
procurement card
report for Accounts
Payable
$5,000.01 to $25,000 Department Head
Informal bid (3 quotes
if possible) OR Sole
Source Justification
approved by
Department Head
Retained by operating
department with
purchase order
$25,000.01 to $50,000 Finance Director
Department Head
Informal bid (3 quotes
if possible) OR Sole
Source Justification
approved by
Department Head
Retained by Finance
with record of purchase
order

7 $50,000.01 to $100,000
City Manager
Finance Director
Department Head
Informal bid (3 quotes
if possible) OR Sole
Source Justification
approved by City
Manager
Retained by Finance
with record of purchase
order
8-1.2 Informal Procurement Rules

1. Documents to be retained include written quotations and/or sole source justification, a copy of the agreement, and other associated required documents as applicable. Retention shall be in accordance with the City’s retention guidelines. Original contracts shall be given to the City Clerk’s office for retention.

2. Small purchase order or procurement card systems may be used for procurements up to $5,000; above $5,000 must use large purchase order system.

3. Staff procuring items via small purchase order or procurement card must be approved by the Department Head up to an appropriate procurement limit via the authorized signatures list maintained by the Finance Department.

4. Purchases that in total exceed a bidding limit are not to be split in order to obtain equipment, materials, or services under a lesser level of approval and procurement requirements.

5. A Request for Quotation form is recommended, though not required, for any informal bid above $25,000, and should be accompanied by specifications, insurance requirements, and contract agreement as applicable. 8-1.3. Justification:

Whenever the bidding/proposal process is dispensed with or the lowest bidder is not used, recommendation and justification for doing so shall be in writing and forwarded to the Finance Department at the time the requisition is prepared. It shall be signed by the requesting Department Head.
8-2. Formal Procurement Over $100,000 (Not for Public Projects)

1. Formal procurement process is required.

2. Competitive bidding is required unless otherwise authorized in these policies and procedures.

3. Written sole source justification can be used in certain circumstances with City Council approval, as per Section 9-3.

4. City Council approval is required.

5. Formal bids for public projects, including associated dollar thresholds, shall be done in accordance with Public Contract Code Section 22030 et seq., as per Section 5 of this policy.

8 8-2.1. Formal Bids:

Formal quotations are written bids or proposals requiring a formal closing time/date. Public notices are posted on the City’s website and/or advertised in the local newspaper, at least ten days prior to the opening of the bids. When advertised in the newspaper, invitations for bid will be published at least two times. Formal bids are opened in public. 8-2.2. Formal Proposal Process:

The formal proposal process may be used in procurements involving complicated and performance-type specifications which may require involved negotiations or communications with vendors to clarify proposals submitted. The proposal process should be utilized in negotiated procurements or those procurements where the answer to a certain approach or a specific item necessary to satisfy the City’s needs is unknown. Public notice advertisements requesting invitations for proposal will be posted on the City’s website and/or published in the local newspaper at least two times; the first insertion must be at least ten days prior to the opening date. Formal proposals are made public upon execution of a signed contract.
8-2.3. Lowest Responsible Bidder:

Bids will be awarded to the responsive bidder who submits the lowest responsible bid that is most advantageous to the City and is consistent with the requirements of this procurement policy. The term “lowest responsible bidder” as used in the City’s bidding documents shall mean the lowest bidder whose offer best corresponds in quality, fitness, and capacity to the requirements of the proposed work or usage.

Sellers, vendors, suppliers, and contractors of supplies and equipment who maintain places of business located within the limits of the City shall be given preference if quality, price, and service are equal. In awarding the purchase, staff may consider the benefit derived by the City from sales tax revenues received by it in tabulating the lowest responsive bidder.

In determining the “lowest responsible bidder,” the following elements shall be given consideration (in addition to price):

1. The ability of the product offered to provide the quality, fitness, and capacity for the required usage.

2. The ability, capacity, and skill of the bidder to perform the contract or provide the service required.

3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder, particularly with reference to past purchases by the City.

4. Whether the bidder can perform the contract and/or deliver the materials, supplies, and services within the time required.

5. The quality of performance and/or quality of products provided in previous contracts or services.

9 6. Other information secured and having a bearing on the decision to award the contract.

7. Continuity of service.
8-2.4. Responsiveness:

A responsive bid is one which is in substantial conformance with the requirements of the invitation to bid, including specifications and the City’s contractual terms and conditions.

Bidders who substitute terms and conditions or who qualify their bids in such a manner as to nullify or limit their liability may be considered a non-responsive bidder and reject on those grounds. Conformance with the requirements of the invitation to bid may also include, but is not limited to, completion of forms, inclusion of references and attachments, and completion of required responses.
8-2.5 Rejection of Bids/Proposals:

The authority to reject is based on the authority to award. The City of Yuba City reserves the right: (1) to reject any or all bids or any part thereof and (2) to waive any informalities and/or negotiate minor deviations to the bid with the successful firm. The City of Yuba City’s decision shall be final.
8-2.6. Late Formal Bids/Proposals:

Formal bids or proposals submitted after the designated closing time shall be returned unopened and not accepted.
8-2.7. Tie Bidders:

If two or more bids are received which are in all respects equal, the City Council may award to the local vendor. If both are local vendors or none are local vendors, City Council may draw lots, re-bid, or the award may be made to the one deemed in the best interest of the City.
8-3. Technical/Maintenance Services:

Services of a general nature (as opposed to professional/consulting services) shall be contracted by following a Request for Proposal or Bid process. The method of selection shall be determined by the Purchasing Officer and may include both qualification of the service provider and cost of the service. If it is determined by the operating department in consultation with the Purchasing Officer that all vendors providing a service classification can equally provide the service satisfactorily, a bid process would be appropriate; however, if factors other than price need to be considered in awarding the contract, a proposal process may be used.

Proposals evaluated by the City for technical/maintenance services should be based on a combination of qualifications and cost. Examples of areas other than price that may be

10 important in awarding the contract include: experience level, competence, resources/equipment, staffing levels, service availability/time factors, and other qualifications identified by the operating department responsible for recommending the service contract. Following committee interviews and selection, staff may further refine the scope of work and additional cost negotiations may take place.

The bidding limits and requirements are the same for technical/maintenance services whether the vendor was selected by bid or proposal.

An executed Standard Agreement and documents provided by the vendor meeting the City’s insurance requirements are required for any services that will be provided to the City.
8-4. Standard Agreement
All general services (not professional services) must use a Standard Agreement approved by the City Attorney. Work should not commence until all documentation has been acquired and the agreement and purchase order have been executed by the appropriate parties of the City, as determined by the dollar limits and responsibilities outlined above.

Standard Agreements must include the following:

1. Fully executed agreement by all parties

2. Specification(s), quotes, and/or sole source justification

3. Insurance documentation meeting the City’s insurance requirements The City shall, whenever possible, use the City agreement form as approved by the City Attorney, available on CityNet. Should another agreement be considered for technical/maintenance services, the agreement will require City Attorney review and approval as to form prior to execution by the City.

The City Attorney shall review and approve as to form all Standard Agreements prior to City Council approval for all purchases over $100,000.
8-5. Blanket Purchase Orders:

Blanket purchase orders provide equipment or supplies on an as-needed and/or over-thecounter basis in unspecified amounts from a selected vendor. Blanket purchase orders provide a mechanism whereby items which are uneconomical to stock may be purchased quickly, allowing operations timely access to necessary materials. Blanket purchase orders are valid for the current fiscal year. Blanket purchase orders shall not be used to purchase capital assets.

Once a blanket purchase order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the blanket purchase order.

11 The Finance Department will review blanket purchase order requests based upon the following criteria:

1. Geographic location

2. Responsiveness and capabilities

3. Average dollar value and type(s) of items to be purchased

4. Frequency of need

5. Vendor pricing methodology
Blanket purchase orders do not take the place of competitive quote, bid, or proposal processes.
8-6. 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.

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.

12 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.

13 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

14 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:
• 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

15 • 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

16 • 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.

17 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.

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

18 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.

SECTION 11: CONTRACT AMENDMENTS FOR TECHNICAL/MAINTENANCE

OR PROFESSIONAL SERVICES
Ongoing City contracts with technical/maintenance vendors or professional services consultants may require amendments for a number of reasons, including change in scope of work, time extension to complete the project or renew for an additional period of time, and unforeseen costs.

Operating departments should utilize the City’s amendment forms, available on CityNet.

Should a firm’s agreement be considered, review and approval as to form by the City Attorney is required prior to execution by the City.
11-1. Operating Department Responsibilities:

1. Prepare a City amendment and obtain appropriate signatures from both parties.

2. Compile all exhibits/attachments referenced in the amendment. Update the insurance documents if necessary.

3. Obtain City Manager and/or City Attorney approval, if applicable.

4. When the contract plus amendment total over $100,000, obtain City Council approval.

5. Submit request to Finance for a purchase order change order if the amendment alters the dollar amount.

6. Submit original signed amendment, complete with exhibits and attachments, to the City Clerk.

7. Provide the consultant (professional services) or vendor (technical/maintenance services) a signed copy of the amendment.

19 11-2. Amendment Cost Limits:

Contract amendments can only be approved within their cost limits. Cost limits are calculated as the existing contract total plus any cost changes in the amendment. 11-2.1. Contract Total of $50,000 or Less:

Amendments can be approved by the Department Head if the contract total, including all amendments, does not exceed $50,000.
11-2.2. Contract Total of $50,000.01 to $100,000:

Amendments can be approved by the City Manager if the contract total, including all amendments, does not exceed $100,000.
11-2.3. Contract Total Over $100,00:

Amendments must be approved by City Council and executed by the City Manager if the amended contract will exceed the amount previously approved by City Council or if an amendment will cause the contract to exceed $100,000.
11-2.4. Prior Approved Contingency:

City Council may award a contract amount plus a contingency for a project or service that will or potentially will exceed $100,000. In such a case, the contract would originally reflect the primary contract amount, but may be amended later up to the contingency authorized as part of the Council item without further Council action.

SECTION 12: SPECIFICATIONS
Accurate specifications are essential for effective bidding. It is the responsibility of each department to provide detailed, accurate specifications when requisitioning supplies and services.
12-1. Developing Specifications:

Well-developed specifications are necessary to ensure quality that will fulfill the operating department’s needs while also avoiding unnecessary costs for the taxpayer. A good specification should be:

1. Simple and straightforward, yet specific enough that the bidder cannot evade any of the provisions or underbid with products that do not meet the department/division’s needs.

2. Clear and easily identified, including any necessary measurements, material standards, or similar product types on the market.

3. Flexible and reasonably tolerant of discrepancies and different products.

20 4. As fair to the seller as reasonably possible without compromising the City’s interests, and capable of being met by multiple bidders in order to promote competition.

5. Capable of being checked in order to determine if the quality is sufficient and the bid is valid.
12-2. Standardization:

Standardization of specifications for items common to several divisions enables collaborating departments to buy quantity and generally receive lower pricing due to larger orders. The Finance Department will support operating departments in the establishment of standard specifications for articles in common use.
12-3. “Or Equal”:

When brand names are specified, the words “or equal” must be added unless compelling reasons make only a single brand acceptable. Use of a brand name for “equal to” specifications should be for the purpose of describing the standard of quality, performance, and characteristics the City desires and not be intended to limit or restrict competition. Use of “equal to” specifications should, whenever possible, identify a minimum of two brand names as approved equals.

Using specifications provided by a specific manufacturer should be avoided and, if used, the name of the manufacturer, model number, etc., should be indicated. It should also be stated, that use of the manufacturer’s specifications are for the sole purpose of establishing an “equal to” criteria. When specifications designate “or equal,” the City reserves the right to determine and approve any other as being equal or acceptable. 12-4. Vendor Assistance in Writing Specifications:

There may be occasions when vendor assistance may be required in developing specifications. Such specifications should be written in general terms. The vendor should be clearly informed that the information provided might be used in developing specifications for a competitive bidding process. The Purchasing Officer or their designee shall approve such specifications.
12-5. Review of Specifications:

It is the operating department’s responsibility to assure that specifications are complete and accurate. The department will review for completeness of information, terms and conditions, insurance/compliance, and open and competitive language. To assure bid/proposal specifications and terms meet the City needs, the operating department may request review or assistance by the Finance Department, the City Attorney, or other pertinent City staff in the development of specifications.

21 SECTION 13: VENDOR RELATIONS
It is to the City’s advantage to maintain and promote good relations with suppliers. The City’s vendor relations reflect the public image of the City organization. Finance and the operating departments are responsible for promoting fairness, integrity, courtesy, and goodwill in their vendor relations.

Operating departments may make direct contact with vendors for such purposes as obtaining price quotes (less than $100,000), developing service contracts, initiating informal bid or proposal processes, obtaining technical information, obtaining cost estimates for budgeting or purchasing purposes, preparing purchase requisitions, and placing orders for authorized purchases.

The Finance Department may be the main contact in formal bid situations. Finance may also serve as an intermediary between operating departments and vendors when requested by operating departments or in conflict resolution matters.

SECTION 14: PROTEST PROCEDURE AND ADMINISTRATIVE APPEAL 14-1. Bid Protests (Not for Public Projects):

In the event of a bid protest, the alleged aggrieved protesting bidder must file in writing to the Finance Director the exact reason for the protest. In no event shall a protest be considered if all bids are rejected or after award of the contract. Failure to comply in the manner prescribed shall constitute a failure to exhaust administrative remedies and shall automatically relieve the City of Yuba City from accepting that protest.

Any others who wish to protest the outcome of a bid or procurement must utilize the public comment process during the regularly scheduled City Council meetings. 14-1.1. Protest Procedure Prior to Bid Opening:

Any bidder wishing to file a protest prior to bid opening concerning the specifications or bid procedure must do so in writing. This written protest must be received by Finance no later than four working days prior to bid opening. If a protest that is received cannot be resolved by the designated time of the bid opening, the Finance Director may delay the bid opening until the protest is addressed to the City’s satisfaction. 14-1.2. Protest Procedure After Bid Opening:

Any bidder wishing to protest based on information that only became evident after the bid opening must file the protest in writing. This written protest must be received by Finance no later than five working days after the City of Yuba City notifies all bidders of the apparent low bid or the proposal selected by the committee for procurements under the formal bid limit, or within five working days from when bids or proposals over the formal bid limit are opened in public.

22 14-1.3. Protest Review:

The Finance Director shall review the written protest and, within five working days after receipt of the written protest, issue a decision in writing. The decision shall state the reasons for the action taken as well as inform the protesting bidder of the right to administrative appeal. A copy of the decision will be forwarded to the City Manager.

A decision rendered by the Finance Director as outlined in this section shall be final and conclusive. If the alleged aggrieved protesting bidder has complied with the protest procedures, they shall have the right to commence an administrative appeal. 14-2. Administrative Appeals:

The Finance Director’s decision regarding a bid protest may be appealed to the appropriate approving authority, based upon the procurement limits. The protestor will be notified regarding the appropriate administrative appeal procedure in the written decision from the Finance Director.
14-2.1.Informal Bids:

The City Manager is the approving authority for all administrative appeals for all purchases up to $100,000. Appeals must be written and submitted to the City Manager’s Office within five working days after the aggrieved bidder is notified of the Finance Director’s decision.

A written decision will be issued within ten working days after receipt of the written appeal.

The decision by the City Manager is final.
14-2.2. Formal:

The City Council is the approving authority for formal appeals for the City of Yuba City for all purchases over $100,000. Appeals must be written and submitted to the City Manager’s Office within five working days after the aggrieved bidder is notified of the Finance Director’s decision. The City Council may consider the appeal concurrently with its decision on the award. The decision by the City Council is final. 14-3. Public Project Protests and Appeals:

Protests and appeals regarding public projects shall be per the procedures established in the Public Contract Code.

23 SECTION 15: SURPLUS AND UNCLAIMED PROPERTY
15-1. Surplus/Unclaimed Property:

The Purchasing Officer shall have the authority to sell, exchange, or trade in all supplies, materials, and equipment which are no longer used, have become obsolete, worn out, or scrapped, or which have become unsuitable for public use.

The Purchasing Officer shall also have the authority to sell unclaimed property. All unclaimed property shall be sold or otherwise disposed of in accordance with Civil Code § 2080 et seq.

All sales shall be in accordance with the provisions outlined in Section 2-6.08 and 2-6.09 of the City’s Municipal Code.
15-2. Disposal of Personal Property (Less than $500):

Pursuant to Welfare and Institutions Code § 217, in lieu of the provisions contained in Civil Code § 2080, an alternative procedure is established with respect to the disposal of unclaimed personal property not worth more than $500. The Purchasing Officer is authorized with respect to said property, which has been unclaimed for at least 90 days, to transfer and deliver any such items to the Probation Officer of the County, to the Welfare Department of the County, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, for use in any program or activity designed to prevent juvenile delinquency.

SECTION 16: FEDERALLY DECLARED EMERGENCIES
In the event of an emergency declared by the President of the United States, the City of Yuba City must comply with federal procurement standards as a condition of receiving public assistance funding from the Federal Emergency Management Agency (FEMA) for contract costs for eligible work. FEMA funding is governed by Title 2 of the Code of Federal Regulations (CFR) Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

CITY OF YUBA CITY PURCHASING POLICIES AND PROCEDURES
APPENDIX I: DEFINITIONS
Amendment – A modification of terms and/or pricing for goods, professional services, or technical/maintenance services contracts or task orders.

Bid – A comparative price offer made by an intended seller in reply to an Invitation for Bid or Request for Quotation.

Bid Document – A document soliciting pricing for materials, supplies, and services purchases.

The bid document includes all pertinent information related to the purchase (specifications), plus instructions to the vendor on how to prepare the document, terms and conditions, and any insurance requirements necessary.

CAL-Card – The City’s procurement card issued under California Department of Goods and Services, utilized as a payment mechanism for purchases by authorized City staff.

Consultant – A provider of professional services, such as the examples provided in Section 10-1.

Should be contracted via a Professional Services Agreement. See Section 10 for procurement guidelines.

Contract – Any agreement or written document which produces a contractual agreement between the City and another party for the procurement or disposition of materials, services, professional services, or construction projects.

Department Head – The director of a department or their designee.

Equipment – Furnishings, machinery, vehicles, rolling stock, and other personal property used in the City’s business.

Force Account – Construction work performed by City labor.

Goods – Any and all supplies, materials, and/or equipment which are moveable at the time of sale, and can be furnished to or be used by the City. This also includes goods purchased separately for City projects and goods purchased with installation services.

Procurement (Purchase) – Buying, purchasing, renting, leasing, or otherwise obtaining of any materials, equipment, supplies, or services. Also included are all activities related to obtaining the above items.

Proposal – A comparative written offer made by an intended consultant (professional services) or vendor (technical/maintenance services) for evaluation by City staff in reply to a Request for Proposal.

Public Project – “Public Project” shall have the meaning as set forth in the California Public Contract Code Sections 20161 and 22002, as amended.

Public Works Construction Project –  A public construction project that is subject to the regulations of the state Public Contract Code, such as the erection, construction, alteration, major painting, repair, or demolition of public buildings, streets, walkways, water and sewer facilities, drainage facilities, or other public facilities, whether owned, leased, or operated by the City. Public works does not include maintenance work as defined in said Code.

Purchase Order –  A document generated by the Finance Department after the bidding requirements have been met and the purchase has been awarded. A purchase order authorizes the purchase of goods or services. It is a written legal document signed by the Purchasing Officer, Finance Director, and/or Department Head (as required per the procurement limits) stating all terms and conditions of purchase transaction or referring to such terms and conditions as may exist in an accompanying contract.

Purchase Order Change Order – A change order to an existing purchase order may occur for a variety of reasons including, but not limited to, increasing the dollar amount of the purchase order, adding or deleting a line item, changing an account number on a line item, or increasing or decreasing the quantity on a line item.

Purchasing Officer – The City Manager or a designated representative.

Purchase Requisition – A request for a purchase order. The request comes from the operating department that needs to order specific goods or services. This is completed through the City’s operating Finance software (Pentamation at the time of policy adoption).

Request for Proposal – The complete assembly of related documents (whether attached or by reference) furnished to a prospective consultant or vendor for specific services for the purpose of soliciting a proposal for a City professional service or technical/maintenance service procurement.

These shall be evaluated and awarded based on a number of factors, rather than just price.

Request for Quotation – The complete assembly of related documents (whether attached or by reference) furnished to a prospective contractor/supplier for specific products or services for the purpose of presenting a quote for a City procurement. These shall be reviewed and awarded to the lowest responsible bidder.

Sole Source – Unique commodities or services that can be obtained from only one vendor or one distributor authorized to sell in the area or region, with singular characteristics or performance capabilities, or which have specific compatibility components with existing City products are exempt from the competitive bidding requirements and are deemed sole source purchases. Sole source purchases may include proprietary items sold directly from the manufacturer.

Solicitation – An invitation or request by which the City invites a person to participate in a procurement, such as an Invitation for Bids, a Request for Proposals, a Request for Qualifications, or a Request for Quotations.

Specification – A description in the bid, proposal, or quote of the sought item or service which informs prospective vendors what is specifically required and provides the basis for determining the responsive bid and the resulting purchase order or contract. In addition, it establishes the standard against which inspections and tests are made.

Uniform Construction Cost Accounting Procedures – Uniform construction cost accounting procedures shall mean those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to Section 22000, et seq. of the Public Contract Code.

Vendor – A seller of materials and supplies or technical/maintenance services, such as installation.

If any work is to be done by the vendor, it should be contracted via Standard Agreement. See Section 8 for procurement guidelines.

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Cellular Water Meter Replacement Project (18-14) – Purchase Order Increase Recommendation: Adopt a Resolution authorizing an increase of $165,000 to the Badger Meter, Inc. Purchase Order, with a finding that it is in the best interest of the City Fiscal Impact: $165,000 – CIP Account No. 951094 (Replace Water Service or Water Meter) Purpose:

To improve water distribution customer service, labor efficiency, and water-loss prevention by replacing aging radio-read meters with cellular-read meters.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goal of improving the City's infrastructure.

Background:

The State Water Resources Control Board provides grant funding to local public agencies for water and wastewater infrastructure projects, including projects to conserve water and energy. On January 17, 2017, City Council authorized the Public Works Director to file a Financial Assistance Application with the State for the State Revolving Fund program to fund the Cellular Water Meter Replacement Project.

The project proposes to replace all of the City’s radio-read meters with cellular-read meters and components. The project aims to provide a higher level of service for our customers, while reducing costs associated with labor and equipment required to read the meters. Cellular-read meters provide faster, more accurate information about water usage, leaks, and potential maintenance issues by providing real-time data, which customers may access through a website and smartphone/tablet application. Additionally, the City’s Finance Department can quickly download the information for billing and maintenance purposes.

The Cellular Water Meter Replacement Project includes the replacement of approximately 16,808 radio-read transmitters with new cellular-read transmitters (endpoints), 16,808 meter registers (encoders), and 5,000 meter bodies (bare meters).

On April 10, 2018, City Council approved the Construction Installment Sale Agreement. The City entered into the agreement with the State Water Resources Control Board on April 18, 2018. The agreement is for $8 million, which includes $4 million in principal forgiveness and $4 million in low

interest loans. Funding will be through the Clean Water State Revolving Fund (SRF) with a principal forgiveness in the amount of 50% of the total project cost. The City’s remaining share of 50% will be funded through a low interest loan at 1.8% interest rate.

On December 17, 2019, City Council approved the project’s plans and specifications and authorized staff to advertise for bids. On March 3, 2020, the project was advertised for bids and on May 5, 2020, City Council approved the following:

1. Award of the sole source purchase of Badger Meter Inc. (Badger) equipment for installation on the Cellular Water Meter Replacement Project in the amounts of:

A. $3,532,750 for 16,808 Orion Cellular LTE Endpoints (endpoints) with Twist Tight Connectors, 16,808 Badger HR-E LCD Encoders (encoders), and Training; and B. $620,000 for 5,000 Badger M70 Bronze Meter Bodies (meters)

2. Amend the Professional Services Agreement with Coastland Civil Engineering (City’s engineering consultant) of Auburn, CA in the amount of $255,500 for a total of $377,500, to provide construction management and engineering services during construction for the Cellular Water Meter Replacement Project.

3. Award the construction contract to Professional Meters, Inc. (PMI) in the amount of their total bid $1,384,889 for installation of Badger Meter, Inc. equipment.

On May 24, 2021, the agreement was amended and executed by the City Manager to reflect bids and actual equipment prices for a total project cost of $6,489,864.00. On November 20, 2021, construction started on the Cellular Water Meter Replacement Project. To date, construction of the project is substantially complete with punch list items and warranty items remaining.

Analysis:

The project specifications require the contractor to perform meter box audits to determine meter/encoder conditions prior to replacements. Additionally, the project specifications call for the replacement of the existing radio read meter endpoint with a new Orion Cellular LTE-M Endpoint where the existing endpoint has an identification code which does not start with a 1 or 2. Additionally, the project specifications call for the replacement of an existing meter over approximately 12-15 years of age that is not a Badger Meter brand.

During construction, PMI discovered additional meter equipment not included in the original purchase order contract requiring replacement per the project specifications highlighted above and as detailed below.

Orion Cellular LTE-M Endpoints
In accordance with the project specifications described above, PMI discovered and replaced approximately 350 additional radio read endpoints not accounted for in the original purchase order.

On recommendation from City’s engineering consultant, an additional 418 endpoints were ordered and left as yard stock for City maintenance staff to replace as older units fail in the future. The additional cost to purchase a total of 768 endpoints is $123,126.91. Securing additional units for yard stock avoids potential service disruptions to water customers by allowing City maintenance crews to respond to failed units quickly.

Meters

In accordance with the project specifications, PMI discovered and replaced eight (8) additional 3” Fire Hydrant meters not accounted for in the original purchase order. The additional cost to purchase the 3” Fire Hydrant M70 Bronze meters from Badger is $8,015.39.

Reserve
To date, there are several invoices for additional equipment and services Badger Meter, Inc. has not yet submitted to the City for review including an additional Ranger 7HH Data Collector, training costs, and service unit packages required to complete the project that were not included in the original purchase order. Staff estimates these costs not yet invoiced to total approximately $33,857.70.

Fiscal Impact:

With the construction and sole source purchase contract awarded on May 5, 2020, Council authorized a total construction cost for the project of $6,489,864.00, which consists of the following components:

Sole Source Meter Purchase $ 4,152,750
Construction Contract $ 1,384,889
Construction Change Order Contingency (25%) $ 346,220
Construction Management / Inspection (18.5%) $ 255,500
City Administration & O&M Costs (16.5%) $ 228,505
Project Management $ 122,000

Total $ 6,489,864
With the unforeseen discoveries of additional endpoints and meters requiring replacement and remaining Badger Meter, Inc. invoices requiring review and payment, staff is requesting the following contingency funding authorization:
$ 123,126.91 – HR-E LCD Encoders
$ 8,015.39 – 3” Hydrant Meters & Hardware/Couplings
$ 33,857.70 – Reserve (Training, Add’l Hand Held Readers, Service Packages) $ 165,000.00 – Total additional authorization requested Staff does not foresee utilizing the full $165,000. However, to ensure construction completion by the SRF deadline of May 31, 2022 and to avoid returning to Council for future unforeseen purchasing needs as staff reviews the final invoices from Badger Meter, Inc., staff recommends to reserve the additional $33,857.70. Staff has confirmed additional costs are acceptable under the terms of the grant agreement.

Capital Improvement Program (CIP) Account No. 951094 (Replace Water Service or Water Meter) has a current cumulative balance of approximately $1,738,340. Staff recommends retaining $165,000 of this balance for Badger Meter, Inc. purchases and reserves as described above.

Alternatives:

There is no reasonable alternative to authorizing a purchase order increase as described in this staff report. Additional items were required to complete the project per the contract specifications.

Recommendation:

Adopt a Resolution authorizing an increase of $165,000 to the Badger Meter, Inc. Purchase Order, with a finding that it is in the best interest of the City.

Attachments:

1. Resolution - Authorizing an increase to the Badger, Inc. Purchase Order Prepared By: Submitted By:

Nick Menezes
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING AN INCREASE OF $165,000 TO THE BADGER METER, INC. PURCHASE ORDER 220094-2 WITH A FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY, OF THE CELLULAR WATER METER REPLACEMENT PROJECT (18-14)
WHEREAS, on May 5, 2020, the City of Yuba City (City) awarded a sole source purchase contract to Badger Meter, Inc., in the total amount of $4,152,750.00 for the purchase of the following:
a. $3,532,750 for 16,808 Orion Cellular LTE Endpoints with Twist Tight Connectors, 16,808 Badger HR-E LCD Encoders, and Training; and
b. $620,000 for 5,000 Badger M70 Bronze Meter Bodies
WHEREAS, the purchase of said equipment was for the Cellular Water Meter Replacement Project (18-14); and
WHEREAS, the award of said sole source purchase contract did not include a contingency amount; and
WHEREAS, upon commencing construction activities it was discovered that 350 additional endpoints required replacement for $56,112.52; and
WHEREAS, upon commencing construction activities it was discovered 8 additional fire hydrant meters required replacement for $8,015.39; and
WHEREAS, on recommendation by the City’s engineering consultant, 418 additional endpoints were ordered for City reserves for $67,014.39; and
WHEREAS, staff anticipates Badger Meter, Inc. will submit invoices totaling an estimated $33,857.70 to the City for additional equipment and services required to complete the project that were not included in the original purchase order; and
WHEREAS, the City’s engineering consultant determined that proposed costs for the additional equipment cited above are reasonable and consistent with industry standards.

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

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

2. The City Council hereby authorizes a purchase contingency of $165,000, with a finding that it is in the best interest of the City.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of January, 2022.

AYES:

NOES:

ABSENT:
___________________
David Shaw, Mayor
Ciara Wakefield, Deputy City Clerk

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

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Development Services Director Summary
Subject: Assessor Parcel Number Correction – Harter Specific Plan Recommendation: Adopt a Resolution which rescinds Resolution No. 21-182 due to incorrect Assessor’s Parcel Numbers being utilized in documentation, and re-approve the authorization of the City Manager to execute a Grant Deed and associated documents, to create a new legal parcel for the future park on Harter Parkway, and participate in a Lot Line Adjustment to help facilitate development of the Harter Specific Plan for properties southerly of Butte House Road, westerly of Harter Parkway and northerly of future Jefferson Avenue Fiscal Impact: Minor staff time associated with document preparation, coordination, and recordation
Purpose:

To create a legal lot for the future park on Harter Parkway and participate in a lot line adjustment to help streamline development processes.

Council’s Strategic Goal:

The project addresses the City Council’s Strategic Goal of being business friendly, as the participation in the Lot Line Adjustment with potential developers will help streamline development of the Harter Specific Plan.

Background:

At the December 21, 2021 City Council meeting, Resolution No. 21-182 was adopted which would authorize the City Manager to execute a Grant Deed and associated documents, to create a new legal parcel for the future park on Harter Parkway, and participate in a Lot Line Adjustment to help facilitate development of the Harter Specific Plan for properties southerly of Butte House Road, westerly of Harter Parkway and northerly of future Jefferson Avenue. After the approval of the Resolution, it was determined that one of the listed Assessor’s Parcel Numbers (APNs) included in the Staff Report, Resolution, and associated Exhibits, APN 62-310-006, was listed incorrectly, and is modified to correctly be APN 62-310-009.

Analysis:

In order to proceed with the recordation processes and proper memorialization of the actions, staff recommends that Council Rescind Resolution No. 21-182 and adopt a new Resolution which makes the same actions as previously made in Resolution No. 21-182, while correcting APN 62-310-006 to APN 62-310-009.

Fiscal Impact:

Minor staff time associated with document preparation, coordination, and recordation.

Alternatives:

1. Do not rescind Resolution No. 21-182; this will cause the subject resolution to contain the incorrect APNs in perpetuity.

Recommendation:

Adopt a Resolution which rescinds Resolution No. 21-182 due to incorrect Assessor’s Parcel Numbers being utilized in documentation, and re-approves the authorization of the City Manager to execute a Grant Deed and associated documents, to create a new legal parcel for the future park on Harter Parkway, and participate in a Lot Line Adjustment to help facilitate development of the Harter Specific Plan for properties southerly of Butte House Road, westerly of Harter Parkway and northerly of future Jefferson Avenue.

Attachments:

1. Resolution

2. Exhbit A - Grant Deeds and Descriptions Developer-Owned Parcels

3. Exhbit B - Grant Deed and Description City-Owned Parcel Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY RESCINDING RESOLUTION 21-182 DUE TO INCORRECT ASSESSOR’S PARCEL

NUMBERS BEING UTILIZED IN THE DOCUMENTATION, AND RE-APPROVES THE

PREVIOUS ACTIONS OF AUTHORIZING THE CITY MANAGER TO EXECUTE A

GRANT DEED AND ASSOCIATED DOCUMENTS, TO CREATE A NEW LEGAL

PARCEL FOR THE FUTURE PARK ON HARTER PARKWAY, AND PARTICIPATE IN

A LOT LINE ADJUSTMENT TO HELP FACILITATE DEVELOPMENT OF THE

HARTER SPECIFIC PLAN FOR PROPERTIES SOUTHERLY OF BUTTE HOUSE

ROAD, WESTERLY OF HARTER PARKWAY, AND NORTHERLY OF FUTURE

JEFFERSON AVENUE
WHEREAS, a condition of grant funding for the proposed park along Harter Parkway is that a deed restriction be placed on the park’s parcel, Assessor’s Parcel Number (APN) 62-310-005, which will in perpetuity prevent the park from being redeveloped into anything other than a park; and
WHEREAS, APN 62-310-005 also currently contains the City of Yuba City’s Harter water storage tank facility; and
WHEREAS, the City of Yuba City has been approached by developers associated with the Harter North development to coordinate a lot line adjustment (LLA) with the City, as the lot line adjustment would streamline their development needs; and WHEREAS, the proposed northerly LLA would relocate the lot line, which currently separates APNs 62-310-009 and 62-310-010, to separate APN 62-310-004, combining APNs 62-310-009 and 62-310-010 into a 2.06-acre parcel (Parcel D, Exhibit A), while splitting APN 62-310-004 into two parcels: a 14.53-acre parcel (Parcel A, Exhibit A) and a 7.21-acre parcel (Parcel B, Exhibit A); and WHEREAS, the City of Yuba City is required to participate in and approve of said lot line adjustment, as the proposed lot line adjustment would relocate said lot line across City-owned parcel APN 62-310-005; and
WHEREAS, as a condition of participating in the lot line adjustment, the City of Yuba City will require the developer to create a new, separate parcel, separating the park and water storage tank facility through a future Grant Deed process in accordance with the Subdivision Map Act, allowing for the park deed restriction to solely be placed on the proposed park parcel; and
WEHREAS, previously-approved Resolution No. 21-182 contained incorrect APN 62-310-006 instead of correct APN 62-310-009, and the City desires to correct the documentation error by rescinding the previously-approved Resolution, and adopting a new Resolution which makes the same actions, while also referencing the correct APNs.

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

Section 1. The City Council of the City of Yuba City does hereby rescind Resolution No. 21-182 due to inclusion of incorrect Assessor’s Parcel Numbers.

Section 1. The City Council of the City of Yuba City does hereby authorize the City Manager to execute Grant Deeds, and all necessary associated documents to facilitate the lot line adjustment and creation of a new legal parcel associated with Assessor’s Parcel Numbers 62-310- 004, 62-310-005, 62-310-009, and 62-310-010 on behalf of the City, and to make any non-material, technical, and clerical edits and corrections to said documents subject to approval as to form by the City Attorney.

Section 2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of January, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

A. Exhibit A – Grant Deeds and Descriptions: Developer-Owned Parcels B. Exhibit B – Grant Deed and Description: City-Owned Parcel

EXHIBIT A

EXHIBIT B

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Council and Board
Presentation By: Dave Shaw, Mayor
Summary
Subject: City Council Regional Boards and Committee Assignments - Amended Recommendation: Approve the Mayor’s Amended Assignments to Regional Boards and Committees for Calendar Year 2022
Fiscal Impact: None
The amended assignment list below reflects the most up-to-date appointments:

The updates are:

Gilsizer Drainage District

- Mayor Dave Shaw
- Councilmember Shon Harris (Alternate)
Yuba-Sutter Transit Authority
- Mayor Dave Shaw
- Vice-Mayor Wade Kirchner
- Marc Boomgaarden (Alternate)
- Grace Espindola (Alternate)
Attachment:

1. 2022 City Council Boards and Commissions Assignments (Amended)

Attachments:

1. 2022 - Council Assignments v2 01.18.22
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Dave Shaw
Mayor

ATTACHMENT 1

Page | 1
City Council
Boards and Commission Assignments
2022
Commission Members Date/Time/Location Contact 700
Form Stipend
Advisory Board Screening
Committee
Dave Shaw
Wade Kirchner
As needed – to fill term
ending dates June & Dec
1201 Civic Center Blvd YC
Ciara Wakefield
City Clerk Administrator
(530) 822-4817
[email protected]
NO None
Beale Military Liaison Dave Shaw
Wade Kirchner (Alt)
Volunteer/Advocacy
As needed
Janice Nall – Beale AFB
(530) 822-9988
[email protected]
N/A None
Bi-County Homeless Authority Wade Kirchner
Dave Shaw (Alt)
When called
5730 Packard Ave
Marysville
Scott Thurmond
(916) 416-0901
[email protected]
YES None
Countywide Redevelopment
Oversight Board*
(Mayoral appointment)
Grace Espindola
Shon Harris (Alt)
As needed - Sutter County
1160 Civic Center Blvd
Yuba City, CA 95993
Steve Smith, Assistant CAO
(530) 822-7100
[email protected]
YES None
Feather River Air Quality
Management District
(FRAQMD)
Grace Espindola
Shon Harris (Alt)
4:00 p.m. First Monday
Every other Month
915 8th St Marysville
Shelley Channel and
Maisha Bullock - FRAQMD
(530) 634-7659 Ex 204
[email protected]
[email protected]
YES $100/meeting
Gilsizer Drainage District Dave Shaw
Shon Harris (Alt)
4:00 p.m. Monthly
Every 2nd Wednesday
1201 Civic Center Blvd YC
Tammi Gaschke – Sutter Co
(530) 822-7450
[email protected]
YES None
Greater Sacramento Economic
Development Council
(Recommendation)
Dave Shaw
Diana Langley
9:00 a.m. Quarterly
400 Capitol Mall #2520
Brittany Jones
(916) 287-9082
[email protected]
NO None
Intergovernmental Relations
Committee (IRC)
Dave Shaw
Wade Kirchner TBD / As needed
Judy Sanchez
(530) 822-4602
[email protected]
NO None
Local Agency Formation
Commission (LAFCO)
Marc Boomgaarden
Dave Shaw (Alt)
2:00 p.m., 2nd Thursdays
Jan, Mar, May, July, Sep, Nov
1201 Civic Center Blvd YC
John Benoit, Executive Director
(707) 592-7528
[email protected]
YES None

Page | 2
City Council
Boards and Commission Assignments
2022
Commission Members Date/Time/Location Contact 700
Form Stipend
North Sacramento Valley
Integrated Regional Water
Management Group
Wade Kirchner
9:00 a.m. Mondays TBD
210 N. Lassen St
City Hall - Willows
Guadalupe Rivera
(530) 822-7400
[email protected]
YES None
Regional Housing Authority Marc Boomgaarden
12:15 p.m. Twice /Month
1st & 3rd Wednesdays
1455 Butte House Rd
Jennifer Ruiz – Housing Authority
(530) 671-0220 Ext 122
[email protected]
YES $50/meeting
Regional Waste Management Dave Shaw
Wade Kirchner (Alt)
4:30 p.m. Monthly
Every 3rd Thursday
915 8th Street Marysville
Keith Martin & Janet Frye
(530) 634-6880
[email protected]
[email protected]
YES $50/meeting
Regional Water Authority Grace Espindola
Diana Langley
9:00 am 2nd Thursday
every other month in
various locations
Cecilia Partridge, RWA
(916) 967-7692
[email protected]
YES None
Sacramento Area Council of
Governments (SACOG)
Shon Harris
Marc Boomgaarden (Alt)
9:00 a.m. Monthly
Every 3rd Thursday
1415 L St #300 Sacto
Lanette Espinoza - SACOG
(916) 340-6232
[email protected]
YES $100/meeting
School District Liaison Shon Harris
Dave Shaw (Alt)
Quarterly
Thursdays @2:00
750 Palora Ave YC
Lora Broad – YCUSD
(530) 822-7601
[email protected]
NO None
Sutter Animal Services
Authority (SASA)
Marc Boomgaarden
Grace Espindola
Shon Harris (Alt)
4:00 p.m. Monday
Jan-Apr-Jun-Sep-Nov.
1201 Civic Center Blvd. YC
Brad McIntire – Yuba City
(530) 822-4652
[email protected]
YES None
Sutter Butte Flood Control
Agency (SBFCA)
Shon Harris
Wade Kirchner
1:00 p.m. Monthly
Every 2nd Wednesday
1201 Civic Center Blvd YC
Terra Yaney – SBFCA
(530) 755-9859
[email protected]
YES None
Sutter County Children &
Families Commission Marc Boomgaarden Quarterly
Location TBD
Julie Price
(530) 822-7505
[email protected]
YES None
Sutter Yuba Mosquito Vector
District
Wade Kirchner
(2nd year of 2 year term)
4:00 p.m. Monthly
Every 2nd Thursday
701 Bogue Road YC
Stephen Abshier & Jessica Farrell
(530) 674-5456
[email protected]
[email protected]
YES $100/meeting

Page | 3
City Council
Boards and Commission Assignments
2022
Commission Members Date/Time/Location Contact 700
Form Stipend
Yuba Sutter Arts Shon Harris
6:00 p.m. Monthly
Every 4th Wednesday
624 E Street Marysville
David Read, Executive Director
(530) 742-2787
[email protected]
YES None
Yuba Sutter Economic
Development Corporation
(Recommendation)
Dave Shaw
Diana Langley
Marc Boomgaarden (Alt)
Meets Quarterly
950 Tharp #1303
Brynda Stranix, CEO
(530) 751-8555
[email protected]
NO None
Yuba-Sutter Transit Authority
(YSTA)
Dave Shaw
Wade Kirchner
Marc Boomgaarden (Alt)
Grace Espindola (Alt)
4:00 p.m. Monthly
Every 3rd Thursday
915 8th Street Marysville
Keith Martin & Janet Frye
(530) 634-6880
[email protected]
[email protected]
YES $50/meeting
Ad Hoc Committees Members
Bogue Stewart Master Tax Exchange Agreement Dave Shaw
Marc Boomgaarden
Business Retention Task Force Marc Boomgaarden
Wade Kirchner
Public Safety Ad Hoc Dave Shaw
Marc Boomgaarden
Budget Oversight Marc Boomgaarden
Wade Kirchner

Page | 4
City Council
Boards and Commission Assignments
2022
Dave Shaw Wade Kirchner Marc Boomgaarden Shon Harris Grace Espindola Advisory Board Screening
Committee
Advisory Board Screening
Committee
Bogue Stewart MTEA
Ad Hoc Committee
County-Wide RDA
Oversight Board (Alt)*
County-Wide RDA Oversight
Board*
Beale Military Liaison Beale Military Liaison (Alt) Budget Oversight Ad Hoc Committee
Gilsizer Drainage District
(Alt)
Feather River Air Quality
Management District
Bi-County Homeless JPA (Alt) Bi-County Homeless JPA Business Retention Task Force
Feather River Air Quality
Management District (Alt) Regional Water Authority
Bogue Stewart MTEA
Ad Hoc Committee
Budget Oversight
Ad Hoc Committee
Local Agency Formation
District (LAFCO)
Sacramento Area Council
of Governments (SACOG)
Sutter Animal Services
Authority (SASA)
Gilsizer Drainage District Business Retention Task
Force
Public Safety Ad Hoc
Committee School District Liaison Yuba-Sutter Transit Authority (YSTA) (Alt)
Greater Sacramento
Economic Council (GSEC)
Intergovernmental
Relations Committee
Regional Housing
Authority
Sutter Animal Services
Authority (SASA) (Alt)
Intergovernmental Relations
Committee
N Sac Valley Integrated
Regional Water
Management Group
Sacramento Area Council
of Government (SACOG)
(Alt)**
Sutter Butte Flood Control
Agency (SBFCA)
Local Formation District
(LAFCO) (Alt)
Regional Waste
Management Authority
(Alt)
Sutter Animal Services
Authority (SASA) Yuba Sutter Arts Council
Public Safety Ad Hoc
Committee
Sutter Butte Flood Control
Agency (SBFCA)
Sutter County Children &
Families Commission
Regional Waste Management
Authority (RWMA)
Sutter Yuba Mosquito
Vector District
Yuba-Sutter Economic
Development Corporation
(YSEDC)** (Alt)
School District Liaison (Alt) Yuba-Sutter Transit
Authority (YSTA)
Yuba-Sutter Transit
Authority (YSTA) (Alt)
Yuba-Sutter Economic
Development Corporation
(YSEDC)**
Yuba-Sutter Transit Authority
(YSTA)
* = Mayoral Appointment ** = Recommendation

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Council and Board
Presentation By: Dave Shaw, Mayor
Summary
Subject: Ad Hoc Committee Dissolution
Recommendation: A. Dissolve defunct ad hoc committees including the Yuba City/Sutter County Homeless Advisor ad hoc and the Richland Village ad hoc B. Adopt a Resolution to authorize the dissolution of the Development Impact Fee ad hoc
Fiscal Impact: No fiscal impact
Purpose:

To dissolve defunct ad hoc committees including the Yuba City/Sutter County Homeless Advisor ad hoc, the Richland Village ad hoc, and the Development Impact Fee ad hoc.

Background:

The Ralph M. Brown Act (Brown Act) requires open and public meetings by legislative bodies of local agencies when conducting the public's business. Under the Brown Act, advisory committees composed solely of the members of the legislative body that are less than a quorum of the legislative body are not "legislative bodies," where those committees are charged with specific tasks for a limited period of time.

With this in mind, the City Council occasionally establishes ad hoc committees, comprised of two members of the City Council, to provide Council support and participation in addressing specific issues facing the City. An ad hoc committee should be dissolved once its specific task has been completed.

Analysis:

Upon taking office in December 2021, Mayor Shaw evaluated the purpose and function of all existing ad hoc committees. As part of this process, it was determined that the following committees are no longer needed:

Yuba City/Sutter County Homeless Advisor ad hoc

The Yuba City/Sutter County Homeless Advisor ad hoc committee was formed in October 2019. While the need for the City/County to address the homeless issue in our community is ongoing, the duties and purpose of this committee have been transitioned into the Intergovernmental Relations Committee in order to facilitate better cooperation and collaboration with our partners.

Richland Village ad hoc
The Richland Village ad hoc committee was formed in January 2021 in order to continue dialogue with the Regional Housing Authority concerning the Richland Village project. In May 2021, Council voted to approve the funding request for the Richland Village Affordable Housing.

Development Impact Fee ad hoc
In December 2019, the Development Impact Fee ad hoc committee was formed by Resolution. In an effort to increase development within the City, they were asked to evaluate fees and requirements for undergrounding existing overhead utilities. In reviewing the data, the committee ultimately adopted an Overhead Utility Policy and recommended reducing Development Impact Fees. Council adopted this change in March 2020.

Alternatives:

Deny or modify the recommendation.

Recommendation:

A. Dissolve defunct ad hoc committees including the Yuba City/Sutter County Homeless Advisor ad hoc and the Richland Village ad hoc.

B. Adopt a Resolution to authorize the dissolution of the Development Impact Fee ad hoc.

Attachments:

1. Ad Hoc Committee Dissolution Resolution

2. Resolution 19-122 - Development Impact Fee Ad Hoc
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

TO DISSOLVE THE DEVELOPMENT IMPACT FEE AD HOC COMMITTEE WHEREAS, the Development Impact Fee ad hoc committee was formed in December 2019 in an effort to increase development within the City; and WHEREAS, this committee was asked to evaluate fees and requirements for undergrounding existing overhead utilities; and
WHEREAS, in reviewing the data, the committee ultimately recommended reducing Development Impact Fees; and
WHEREAS, City Council adopted this change March 2020.

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

Section 1. The City Council expresses its appreciation for all members who have served on and contributed to the Development Impact Fee committee.

Section 2. The Development Impact Fee ad hoc committee shall be dissolved effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of January, 2022.

AYES:

NOES:

ABSENT:
_______________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Custodial Services Bid Award (FB22-05)
Recommendation: Adopt a Resolution awarding the contract for custodial services to VALCO Cleaning, Inc. (formerly known as Valley Commercial Cleaning) of Marysville, CA in the amount of $74,628 for one (1) year with the option of three (3) one (1) year extensions, with the finding that it is in the best interest of the City.

Authorize the City Manager to approve the contract extensions Fiscal Impact: $74,628 annually as follows:
$19,548 Senior Center
$32,436 Gauche Aquatic Park
$22,644 Sutter Animal Services Authority
Purpose:

To award the custodial services contract to VALCO Cleaning, Inc. (formerly known as Valley Commercial Cleaning). Custodial services will be provided at three (3) City facilities including the Senior Center, Gauche Aquatic Park, and Sutter Animal Services Authority (SASA).

Council's Strategic Goal:

This item addresses the City Council’s Strategic Goal of fiscal responsibility.

Background:

The City has been paying for custodial services on a month to month basis for the last two months for the three locations mentioned above due to the previous agreement expiring in November 2021. The City hopes to enter into an agreement with a contractor to keep the terms and level of service consistent. The Facilities Maintenance division oversees the custodial and maintenance services for several City facilities including: City Hall, the Corporation Yard, Police Department, Fire Admin Building, the Water Treatment Facility, and the Wastewater Treatment Facility. The Facilities Maintenance division does not have sufficient staff on hand to clean and maintain the Senior Center, Gauche Aquatic Park, and Sutter Animal control, therefore the City contracts this service to an outside vendor.

Analysis:

The Public Works Department worked with Finance staff to finalize bid specifications that would meet the City’s needs. A formal bid was developed and advertised according to the City’s ordinances. Seven (7) vendors in the Yuba-Sutter and Sacramento areas were contacted and informed of the open formal bid. Five (5) vendors responded with initial interest, but only four (4) sealed proposals were received. Each proposal was scored on the following criteria:

EVALUATION CRITERIA POINTS
Reasonableness of cost 35
References/Qualifications 50
Bid Completeness 15
The bid packets were scored by staff from the Facilities Maintenance Division of the Public Works Department. The bid evaluators notified Finance staff of the result and concur with the recommendation.

The following proposals were received and scored as follows:

Vendor Score Price/Year
VALCO Cleaning, Inc. 98.50 $ 74,628
Marysville, CA
Ultimate Building Maintenance 96.51 $ 81,600
Yuba City, CA
Lincoln Training Center 83.13 $140,232
Roseville, CA
S.Sarkissian CO 75.55 $ 82,776
Phoenix, Arizona
Fiscal Impact:
$74,628 annually as follows:
$19,548 Senior Center
$32,436 Gauche Aquatic Park
$22,644 Sutter Animal Services Authority
Alternatives:
1) Request a new bid process
2) Reevaluate proposals and select an alternate vendor
Recommendation:

Adopt a Resolution awarding the contract for custodial services to VALCO Cleaning, Inc. (formerly known as Valley Commercial Cleaning) of Marysville, CA in the amount of $74,628 for one (1) year

with the option of three (3) one (1) year extensions, with the finding that it is in the best interest of the City. Authorize the City Manager to approve the contract extensions.

Attachments:

1. Resolution

2. Standard Agreement (Draft)
Prepared By: Submitted By:

Kevin Rivera
Accountant I
Diana Langley
City Manager

Agenda Item
ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A STANDARD AGREEMENT TO VALCO CLEANING, INC.,

FORMERLY KNOWN AS VALLEY COMMERCIAL CLEANING, IN THE
AMOUNT OF $74,628 FOR PROVIDING CUSTODIAL SERVICES
WHEREAS, staff issued a Formal Bid on November 2, 2021 to award a contract to the lowest, most responsive vendor to provide custodial services to the Senior Center, Gauche Aquatic Park, and Sutter Animal Services Authority; and
WHEREAS, after analysis of the four proposals received, staff determined VALCO Cleaning, Inc., formerly known as Valley Commercial Cleaning, to be the lowest, most responsive vendor to provide the requested services; and
WHEREAS, staff recommends awarding a Standard Agreement to the lowest, most responsive vendor, VALCO Cleaning, Inc. for providing custodial services to the Senior Center, Gauche Aquatic Park, and Sutter Animal Services Authority; and NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:

1. The City Council of Yuba City finds that VALCO Cleaning, Inc., formerly known as Valley Commercial Cleaning, has demonstrated the professional qualifications and ability to provide the desired custodial services at a fair and reasonable cost. The City Council hereby authorizes the City Manager to execute an agreement with VALCO Cleaning, Inc. in the amount of $74,628, subject to approval as to legal form by the City Attorney.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of January, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

City of Yuba City
1201 Civic Center Blvd.  Yuba City, CA 95991

STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of ________2022 in the State of California, County of Sutter, City of Yuba City, by and between the City of Yuba City, hereafter referred to as the City, and _____________________________________, hereafter referred to as the Contractor.

WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements and stipulations of the City hereinafter expressed, does hereby agree to furnish to the City services and materials, as follows:

The provisions on the reverse side hereof constitute a part of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.

CITY OF YUBA CITY, A

MUNICIPAL CORPORATION CONTRACTOR
By: ____________________________ Name: ________________________ Title: ___________________________ Address: _______________________ ______________________________
By: ___________________________
Title: _________________________
License No. ____________________

City of Yuba City
1201 Civic Center Blvd.  Yuba City, CA 95991

TERMS AND CONDITIONS

1. The contractor detailed on the front side of this order will hereinafter be referred to as Contractor. The City of Yuba City will hereinafter be referred to as The City.

2. The contractor shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material people, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract.

3. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

4. The City may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand.

5. Without the written consent of the City, this agreement is not assignable by Contractor either in whole or in part.

6. Time is of the essence in this agreement.

7. No alteration or variation of the terms or specification of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

8. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

9. All equipment, supplies and services sold to the City shall conform to the general safety orders of the State of California.

10. The City reserves the right to withhold payment until orders completed and/or accepted by the City.

11. Sections 1771 through 1775 of the Labor Code are hereby made part of this agreement as if written in its entirety herein.

12. The Contractor and any subcontractor must be registered with the State of California Department of Industrial Relations in accordance with SB 854 and shall remain in good standing throughout the duration of the agreement. No contractor or subcontractor may be listed on a bid proposal or awarded a contract for any public works project unless registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5. The City reserves the right to terminate this agreement or to replace the unregistered contractor for failure to maintain registered status. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Please provide registration number to ensure compliance ________________________.

City of Yuba City
1201 Civic Center Blvd.  Yuba City, CA 95991

INSURANCE REQUIREMENTS FOR MOST CONTRACTS
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): CGL on an “occurrence” basis, including productscompleted operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Covering any auto, or if Contractor has no owned autos, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees for the purposes of this Agreement, Contractor shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.

4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page)
If the contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as insured on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an

City of Yuba City
1201 Civic Center Blvd.  Yuba City, CA 95991
endorsement to the Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City of Yuba City
1201 Civic Center Blvd.  Yuba City, CA 95991
Note: Professional liability insurance coverage is normally required if the Contractor is providing a professional service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional architects and engineers, doctors, certified public accountants, lawyers, etc.). However, other professional Contractors, such as computer or software designers, and services providers such as claims administrators, should also have professional liability. If in doubt, consult with your risk management or insurance advisor.

City of Yuba City
FB22-05
10 PART II

SPECIFICATIONS
Custodial Services

GENERAL
The City of Yuba City wishes to enter into a custodial services agreement for the cleaning of the Gauche Aquatic Park, 421 C Street; Senior Center, 777 Ainsley Avenue; Sutter Animal Services Authority (SASA), 200 Garden Highway. The initial contract period will be for one (1) year.

The contract may be extended annually on a year-to-year basis, but no more than three (3) extensions will be given. The contract will not exceed four (4) years.

SCOPE OF WORK
Provide following service:

Gauche Aquatic Park, 421 C Street
Frequency of Work:

Off-Peak Season is defined as the day After Labor Day (September) to the Friday before Memorial Day (May) - Unless stated otherwise all scope of work is to be completed 5 times per week.

Peak Season is defined as the Saturday before Memorial Day (May) to Labor Day (September) – Unless stated otherwise all scope of work is to be completed 7 times per week.

Area
Front Lobby and Hallways-
*Clean, remove trash, dust, remove cobwebs, sweep and mop *Peak Season – Wash and clean windows daily
*Off-Peak Season – Wash and clean windows bi-weekly
All Family Changing Rooms and Men’s and Women’s Changing Rooms- *Clean bowls, basins, seats, urinals, walls, fill the paper and soap dispensers (City provides paper and soap), clean partitions and clean and disinfect the floors and remove trash
*Peak Season - Daily wet vac floor with a Kaivac machine or equivalent plus degreaser *Off-Peak Season – Bi-weekly wet vac floor with a Kaivac machine or equivalent plus degreaser
Shower Curtains-
*Clean and disinfect – 2 times a week
Staff Rooms, First Aid Room, storage and offices-
*Clean, remove trash, sweep and mop floor, vacuum carpet, dust and remove cobwebs

City of Yuba City
FB22-05
11 Outdoor Drinking fountain-
*Clean and disinfect
Lockers-
*Wipe out and disinfect, place any items found in lockers in “lost and found” Front Desk Area-
*Wipe down counters and glass case
Multi-Purpose Room –
*Professionally clean carpets before the start of the Peak Season and at the beginning of the Off-Peak Season
*Peak Season – Wash and clean windows daily
*Off-Peak Season – Wash and clean windows bi-weekly
Concession Area –
*Peak Season – Wet vac floor with a Kaivac machine or equivalent plus degreaser, dump trash, and fill paper dispensers
Senior Center, 777 Ainsley Avenue
Unless stated otherwise all scope of work is to be completed 5 times per week.

Areas
Front entry and hallways-
*Vacuum carpet, remove trash, dust and remove cobwebs
Carpet Cleaning-
*Professionally clean carpet in entire building 2 times per year Main Room, Game Room, Arts and Crafts Room, Pool Room
*Sweep and mop floor, remove trash, vacuum carpet, dust and remove cobwebs *Arts and Craft room-strip and wax floor-1 time per year Front and Back office-
*Vacuum carpet, remove trash, dust and remove cobwebs
Lounge-
*Sweep and mop floor, vacuum carpet, remove trash, dust and remove cobwebs Nutrition room-
*Sweep and mop floor, vacuum mats, dust and remove cobwebs, remove trash and clean restrooms (as per instructions below under “All Restrooms”)-2 times per week *Strip and wax floors-1 time per year

City of Yuba City
FB22-05
12 *Strip and wax the kitchen floors-1 time per year
All Restrooms-
*Clean bowls, basins, seats, urinals, walls, fill the paper and soap dispenser’s, clean partitions, clean and disinfect the floors.
*Strip and wax floor-1 time per year
Small meeting room, computer room and library-
*Sweep and mop floor, vacuum carpet, dust and remove cobwebs Kitchen and small meeting room-
*Sweep and mop floor, vacuum carpet, dust and remove cobwebs Windows-
*Wash and clean-1 time per year
Sutter Animal Services Authority (SASA), 200 Garden Highway Unless stated otherwise all scope of work is to be completed 5 times per week.

Areas
Offices and front office area(lobby)-
*Sweep and mop floor(where applicable), vacuum, remove trash, dust, remove cobwebs, and wipe the counters
Restrooms-
*Clean bowls, basins, seats, urinals, walls, fill the paper and soap dispenser’s, clean partitions, clean and disinfect the floors
Floors-
*Clean and buff floors-once a month
*Scrub and recoat-3 times per year
Windows-
*Wash and clean-1 time per year
Closing Instructions for all three locationsSecure building by turning off all lights, locking all doors and setting alarm (if applicable) Contractor shall provide all equipment and supplies (OSHA approved) necessary to accomplish the attached custodial tasks except the following supplies which are to be provided by the City:

Toilet paper, paper towels, hand soap, seat covers, air fresheners, trash liners, paper cups.

City of Yuba City
FB22-05
13 Contractor agrees to contact the Public Works Department at (530) 822-3241 or the appropriate City department contact to replenish supplies furnished by City.

Contractor must possess adequate staff to cover all described “Scope of Work” due to illnesses, vacation, or other foreseen absence.

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Increase Funding for Heavy Lifts Purchase
Recommendation: A. Adopt a Resolution awarding the purchase of six (6) heavy lifts to NAPA Auto Parts of Atlanta, GA, in the amount of $74,967.75 through Sourcewell Open Contract #032521-GPC, with the finding that it is in the best interest of the City

B. Approve a capital acquisition purchase increase of $31,094.30 C. Authorize a supplemental appropriation in the amount of $31,094.30 from unallocated reserves held in Fund 301 to 6605-69201 (Vehicle Maintenance), which is the current increase in the price quote of $16,100.75 plus a 20% contingency of $14,993.55
Fiscal Impact: An additional $16,100.75 from Vehicle Maintenance Account # 6605-69201 with the potential to need to utilize the 20% contingency of $14,993.55 due to uncertainties with the national supply demand and price inflation Purpose:

Purchase of a set of six (6) heavy lifts for the Public Works Fleet Division. Additional funding required.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goal of improving the City's infrastructure.

Background:

In Fiscal Year (FY) 20/21, the Yuba City Fleet Division identified a need to purchase a set of heavy lifts to perform services and repairs to City-owned vehicles. The heavy lifts were proposed and approved as capital acquisition items in the City’s Operating Budget for FY 21/22.

The City has over 60 vehicles in its fleet that require the use of heavy lifts. In July of 2020, one of the two lifts the City owns was taken out of service due to a failed inspection and was deemed obsolete.

Fleet has been using one heavy lift to service all of the vehicles that require its use. Fleet cannot work simultaneously on multiple vehicles due to only having one lift. The option for repairs and services to be performed outside of the City is available as well, but sending vehicles out for repair is significantly more expensive and turnaround times are slower.

Fleet staff identified suitable heavy lift equipment that best meets the needs of the Department. Initially,

staff requested quotes from four vendors in the area and all quotes received were over $50,000.

On November 16, 2021, Council approved the purchase of six (6) heavy lifts for the Yuba City Fleet Division from NAPA Auto Parts of Atlanta, GA (NAPA) in the amount of $58,867 through Sourcewell Open Contract #032521-GPC. City staff then executed the Purchase Order and placed an order with the vendor.

Analysis:

Staff identified that NAPA was awarded the Sourcewell contract for the purchasing of fleet parts and heavy equipment. NAPA provided their quote using the Sourcewell contract pricing and available discounts. The quote provided for the set of six (6) heavy lifts is in the amount of $74,967.75. This pricing includes sales tax, batteries, set up, and the training needed to operate the lifts. Six (6) lifts allow three (3) vehicles to be serviced at once.

The quote from NAPA is the lowest, most responsive pricing available, therefore it is in the best interest of the City to utilize the Sourcewell contract pricing and purchase the set of heavy lifts from NAPA in the total amount of $74,967.75.

Due to increasing prices in steel, NAPA was no longer able to honor the original quoted price. The new price quote increased from $58,867 to $74,967.75, which is an increase of $16,100.75.

In addition, City staff reached out to previous vendors and all their prices went up substantially as well.

NAPA continues to be the lowest quote through the Sourcewell Open Contract #032521-GPC. Staff requests an additional 20% contingency to cover any further unforeseen increases with the status of the current national supply demand and price inflation.

Fiscal Impact:

An additional $16,100.75 from Vehicle Maintenance Account # 6605-69201 with the potential to need to utilize the 20% contingency of $14,993.55 due to uncertainties with the national supply demand and price inflation.

Alternatives:

1. Reject the quote

2. Request a new formal bid process

3. Do not purchase
Recommendation:

A. Adopt a Resolution awarding the purchase of six (6) heavy lifts to NAPA Auto Parts of Atlanta, GA, in the amount of $74,967.75 through Sourcewell Open Contract #032521-GPC, with the finding that it is in the best interest of the City.

B. Approve a capital acquisition purchase increase of $31,094.30.

C. Authorize a supplemental appropriation in the amount of $31,094.30 from unallocated reserves held in Fund 301 to 6605-69201 (Vehicle Maintenance), which is the current increase in the price quote of $16,100.75 plus a 20% contingency of $14,993.55.

Attachments:

1. Resolution

2. NAPA Heavy Lifts Quote

3. Sourcewell Contract
Prepared By: Submitted By:

Samantha Benzel
Administrative Assistant
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PIGGYBACK AGREEMENT WITH NAPA AUTO PARTS TO PURCHASE A SET OF SIX (6)

HEAVY LIFTS
WHEREAS, the City of Yuba City desires to purchase a set of six (6) heavy lifts for the City’s Fleet Division; and
WHEREAS, Sourcewell has competitively solicited contracts for vehicle parts, supplies, and equipment and selected NAPA Auto Parts as the recipient of the Sourcewell contract award; and WHEREAS, Yuba City is a member of Sourcewell, and it desires to take advantage of its purchasing process and pricing; and
WHEREAS, the prices for the equipment are reasonable and competitively priced; and WHEREAS, staff requested quotes from four vendors and NAPA Auto Parts provided the lowest, most responsive pricing; and
WHEREAS, staff recommends authorizing the City Manager to enter into an agreement with NAPA Auto Parts to purchase the heavy lifts.

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

1. The City Council of Yuba City finds that the set of six (6) vehicle lifts have been competitively solicited, and the Sourcewell pricing proposed is the lowest, most responsive pricing available. The City Council finds that NAPA Auto Parts has provided a quote for the set of six (6) heavy lifts at a fair and reasonable cost.

2. The City Council of Yuba City hereby authorizes the City Manager to enter into a piggyback agreement with NAPA Auto Parts to purchase the set of six (6) heavy lifts in the amount of $74,967.75, subject to approval as to legal form by the City Attorney, with the finding that it is in the best interest 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 January, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Sidewalk Maintenance and Repairs Ordinance
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City establishing sidewalk maintenance and repair responsibilities by adding Chapter 11 (Sidewalk Maintenance and Repairs) to Title 6 of the Yuba City Municipal Code by title only, and waive the second reading
Fiscal Impact: Staff time to administer and enforce the Ordinance as appropriate.

Purpose:

To assure that sidewalks throughout the City are maintained in a state of good repair.

Background:

The California Streets and Highways Code (SHC) Sections 5600-5630 govern the maintenance of sidewalks. The SHC requires property owners to maintain sidewalks in such condition that the sidewalk will not endanger persons or property and such that it will not interfere with the public convenience in the use of the sidewalk, except for those conditions created by anyone other than the property owner.

Although the SHC requires private property owners to be responsible for private sidewalk repairs and liable for any injuries resulting from sidewalk defects, California courts have held that the City is and can be held liable for injuries as a result of private sidewalk damage if the City has not adopted a sidewalk liability Ordinance.

Title 9, Chapter 3 Street Trees of the Yuba City Municipal Code provides that the City has no liability and the property owner is not relieved from the duty to keep private property, sidewalks, and the planting strips abutting such private property in a safe condition so as not to be hazardous to public use. However, the City does not currently have an Ordinance specifically related to sidewalk liability for maintenance and repairs.

Sidewalk repair needs represent potential accessibility challenges for users, as well as potential tripping hazards that can lead to injuries. Both of these concerns have the potential to result in claims and lawsuits against the City. These claims and lawsuits can be cheaper to settle than defend against, even when the City is not at fault.

Analysis:

The proposed Ordinance affirms the property owner’s responsibilities outlined in the SHC and Section 9-3.12 of the Yuba City Municipal Code. The Ordinance defines a “hazard” as any vertical displacement of ½-inch or greater, any horizontal separation of ¾-inch or greater, any slope of 8.33 percent or greater, or any condition deemed hazardous to users as determined by the Public Works Director.

The proposed Ordinance does allow the City, at its discretion, to make repairs or provide tree mitigation in order to ease the burden of maintenance efforts caused by Street Trees. However, the liability in these situations remains with the property owner.

The proposed Ordinance codifies current property owner notification procedures, a path for property owners to request time extensions, and allowances for the City to perform repairs when property owners fail to do so in a timely manner. In instances where the City must complete the work, the City’s Administrative Citation process would be implemented, including a lien process. While an encroachment permit is required to perform work within the City right-of-way, the fee would be waived for sidewalk maintenance and repairs to help encourage compliance.

Property owners are often in the best position to quickly identify and address potentially dangerous sidewalk conditions. The effect of the proposed ordinance on adjacent property owners is to affirm the measure of legal responsibility for the maintenance of safe sidewalks already codified in State law and Yuba City Municipal Code Section 9-3.12. Without the ordinance, abutting property owners have little incentive to maintain sidewalks or to report or eliminate tripping hazards, even though they are currently responsible for repairs pursuant to state law. The Ordinance also serves as an effective risk management tool, enabling the City to more fully defend against sidewalk trip and fall cases by providing the legal means to tender sidewalk related injury claims to the responsible property owner's insurance carriers. For these reasons, sidewalk liability ordinances are strongly recommended by the City’s insurance provider and have been adopted by numerous jurisdictions throughout the State.

On November 16, 2021, the proposed Ordinance was introduced by the City Council. Council directed staff to explore options for establishing a financial assistance program for sidewalk repairs. Staff is in the process of researching options and will bring a comprehensive program to Council by Spring 2022 addressing sidewalk repairs, water service connections, and sewer service connections.

Fiscal Impact:

Staff time to administer and enforce the Ordinance as appropriate.

Alternatives:

1. Deny recommendation of the proposed Ordinance.

2. Direct staff to modify the terms of the proposed Ordinance.

Recommendation:

Adopt an Ordinance of the City Council of the City of Yuba City establishing sidewalk maintenance and repair responsibilities by adding Chapter 11 (Sidewalk Maintenance and Repairs) to Title 6 of the Yuba City Municipal Code by title only, and waive the second reading.

Attachments:

1. Sidewalk Ordinance

Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director
Diana Langley
City Manager

ATTACHMENT 1

ORDINANCE NO. ________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ESTABLISHING SIDEWALK MAINTENANCE AND REPAIRS RESPONSIBILITIES BY ADDING CHAPTER 11 TO TITLE 6 OF THE YUBA CITY MUNICIPAL CODE WHEREAS, the California Streets and Highways Code (SHC) Sections 5600-5630 govern the maintenance of sidewalks; and
WHEREAS, the SHC requires property owners to maintain sidewalks in such condition that the sidewalk will not endanger persons or property and such that it will not interfere with the public convenience in the use of the sidewalk, except for those conditions created by anyone other than the property owner; and WHEREAS, Title 9, Chapter 3 Street Trees of the Yuba City Municipal Code provides that the City has no liability and the property owner is not relieved from the duty to keep private property, sidewalks, and the planting strips abutting such private property in a safe condition so as not to be hazardous to public use; and WHEREAS, the City Council now desires to adopt an Ordinance specifically outlining the maintenance and repair responsibilities within the City.

THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The adoption of the Ordinance is in the public interest and promotes the public health, safety, and welfare.

Section 2. Chapter 11 (Sidewalk Maintenance and Repairs) of Title 6 (Public Works) of the Yuba City Municipal Code is hereby added to read as follows:

Sec. 6-11.01. – Definitions.
(a) Sidewalk. For the purposes of this chapter, “sidewalk” shall be defined as stated in Section 5600 of the California Streets and Highways Code, which includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls, or other works for the protection of any sidewalk or of any such park or parking strip, and shall also include sidewalk and driveways in the public right-of-way primarily devoted to pedestrian use.
(b) Right-of-way. For the purposes of this chapter, the public right-of-way shall include any public easement, which may include or be improved to include a sidewalk or other facility for public use.
(c) Hazard. A sidewalk condition such as a crack, fracture, hole, gap, displacement, or other condition which results in the following:
(1) Vertical step separation greater than or equal to 0.5 inches;

(2) Horizonal joint gap greater than or equal to 0.75 inches; (3) Hole or settlement deeper than or equal to 0.5 inches; (4) Displacement resulting in a slope greater than or equal to 8.33%; (5) Standing water deeper than or equal to 0.5 inches; and/or (6) Any other condition that is hazardous to pedestrians, hampers the mobility of pedestrians, interferes with the use of the sidewalk in a reasonable manner, or as determined by the Public Works Director.

Sec. 6-11.02. – Sidewalk responsibility.
(a) Property owner responsibility. The owners of lots or portions of lots fronting on or containing any portion of the public right-of-way, when that right-of-way is improved or if and when the area within the public right-of-way is improved, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those facilities or areas. Property owner responsibility for corner lots shall include both the front and side of the lot adjacent to or containing sidewalks.
(1) Maintenance of the sidewalk and the repair of any hazard shall include both the repair and restoration of the sidewalk itself as well as the mitigation or abatement of any adverse conditions which are or have caused damage to the sidewalk, such as the overgrowth of roots from a tree on the adjacent property.
(2) As established in Section 9-3.12 (Street Trees – Liability), property owner liability and responsibility shall include any hazards or damage caused by the street trees located within the planting easement.

However, the City may, at its discretion, make sidewalk repairs or tree mitigation efforts without cost to the property owner in order to ease the burden of maintaining sidewalks potentially affected by City street trees.

This work shall not relive the burden of liability from the property owner. (b) Responsibility by permit. If any persons or contractors by virtue of any permit or contract, such as an encroachment permit, are authorized work removing, altering, damaging, or otherwise impacting the sidewalk and its use, said persons shall be temporarily responsible for the maintenance and repair of the sidewalk as determined by the Public Works Director or designee.

Sec. 6-11.03. – Procedure.
(a) Adoption of the Streets and Highways Code. The provisions of Division 7, Part 3, Chapter 22 of the California Streets and Highways Code, as is now in effect or may hereafter be amended, are hereby adopted as the procedure and processes governing the responsibilities, maintenance, and repair of sidewalks in the City.

In the event of any conflict between the Streets and Highways Code and this chapter, this chapter shall prevail.

(b) Notices. As per the Streets and Highways Code, there are a series of two notices which must be sent by the City. All notices shall be delivered to both the property owner and the tenant in cases where the resident is not the property owner.
(1) The first notice shall be delivered via doorhanger to the resident regarding the sidewalk hazard, any work that the City has done to remediate the situation, and any further steps which must be completed by the property owner. In cases where the resident is not the property owner, a letter shall be mailed to the property owner as soon as feasible after the doorhanger has been delivered to the tenant.
(2) The second notice shall be mailed to the property owner and any tenant 7 to 10 days following the date of the first notice. This notice shall include all information from the first notice, as well as the required dates for commencement and completion of repairs and the description of the City repair and lien process should the property owner fail to make the repairs. (c) Extension of time to repair. Notwithstanding the provisions of the California Streets and Highways Code as adopted in Section 6-11.03(a), the Public Works Director may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the first notice referred to in said Code is given.
(d) Failure to repair sidewalk. Should the property owner fail to meet the required timeline to make necessary repairs, the Public Works Director may, at his or her discretion, recommend that a City enforcement officer issue an administrative citation or direct City staff to coordinate the repair of the sidewalk and begin the lien process.
(e) Administrative citations. Failure to maintain sidewalks in a non-hazardous condition has been deemed a nuisance, per Municipal Code Title 4 Chapter 8 (Nuisance Abatement Code). As such, an administrative citation may be issued to the property owner for failure to meet the requirements of this chapter to the satisfaction of the City. The Public Works Director may recommend this course of action following a property owner’s failure to correct the hazardous sidewalk as noticed, unless an immediate health and safety risk is created by the failure to maintain the sidewalk in a non-hazardous condition.
(f) City repairs and invoices. If the property owner does not repair the sidewalk within the required timeline provided by the City in the notices, the Public Works Director may determine that the City will make the necessary repairs by its own forces or a contractor and invoice the property owner for the cost of said repairs.

The property owner shall have 90 days from the date of the invoice to pay the invoice before the lien process is initiated. The Public Works Director may recommend this course of action following a property owner’s failure to correct the hazardous sidewalk as noticed.

(g) Lien process and appeals. All invoices which remain delinquent for at least 90 days from the date of the invoice may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:
(1) The City’s Public Works Department shall prepare a written report, which shall be filed with the City Clerk. The report shall describe each parcel of real property for which there are any sidewalk repair invoice delinquencies and the amount of the delinquency. The report of delinquent sidewalk repair charges may be combined with the report of any other delinquent charges, as long as the report identified the delinquent charges for each invoice for each parcel.
(2) The City Clerk shall publish notice of the report’s filing and of the time and place of the hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Public Works Department shall also mail written notice of the report’s filing to each property owner whose property or parcel is identified as being subject to delinquent charges, setting forth individually each property and each of the repair invoices and charges due for that property. This notice shall also establish a date for a prehearing during which a property owner may appeal the delinquent charges to the Public Works Director.
(3) At the time stated in the notice for the prehearing, the Public Works Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a “prehearing.” Thereafter, the City Public Works Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Public Works Director shall then make his or her determination on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the report notice.
(4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter, the City Council may adopt, revise, change, reduce, or modify any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council’s determination shall be final.
(5) Following the hearing, the City Clerk shall file with the City’s Public Works Director a copy of the signed report to submit to the County. The Public Works Director will submit a request to the County of Sutter to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.

Sec. 6-11.04. – Permitting.

(a) Encroachment permit required. Prior to any maintenance or repair of the sidewalk, it is the responsibility of the property owner or designee to obtain an encroachment permit from the Public Works Department for said work.

Encroachment permits shall be in accordance with Title 6 Chapter 1 of the City’s Municipal Code.
(1) Notwithstanding the license and insurance regulations in Title 6 Chapter 1, the property owner may make any necessary maintenance or repairs his or herself, as long as the property owner has acquired an encroachment permit and repairs are made in accordance with City standards.
(b) City standards. All maintenance or repair of the sidewalk must be done in accordance with City standards. Repairs or maintenance shall be completed to the satisfaction of the Public Works Director or designee. (1) All work affecting the City street trees must be in accordance with Title 9 Section 3 (Street Trees) of the Municipal Code.
(c) No encroachment permit fees for property owner repairs. There shall be no fee charged for obtaining an encroachment permit by the property owner or the property owner’s designated contractor for the repair or maintenance of sidewalks associated with correcting a hazard as defined in Section 6-11.01(c).

Sec. 6-11.05. – Liability.
(a) Property owner liability. Property owners required by this chapter to maintain and repair the sidewalk area shall owe a duty to members of the public using public streets and sidewalks to keep and maintain the sidewalk area in a safe and non-hazardous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-hazardous condition as required by this chapter, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (b) City liability. The City may, in order to protect the health and safety of pedestrians, intervene to make safe or repair a hazard which has occurred in the sidewalk or adjacent facilities. Said actions in no way absolve, alter, or transfer the property owner's responsibility and liability for the maintenance and repair of the sidewalk, as stated above in Section 6-11.02(a) and Section 6-11.05(a).

Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law.

Section 5. This Ordinance shall take effect and be in full force and effect from and after 30 days after its final passage and adoption.

Introduced at a regular meeting of the City Council of the City of Yuba City on the 16th day of November, 2021, and passed and adopted at a regular meeting held on the 18th day of January 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: City Attorney
Presentation By: Shannon Chaffin, City Attorney , Robert McEntire Summary
Subject: Public Hearing No. 4 – Consideration of Draft District Maps and Election Sequencing for a District Based Election System; Selection of District Map and Election Sequence; Introduction of an Ordinance of the City Council of the City of Yuba City, California, Adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to Establish a District-Based System of Elections for Members of the City Council
Recommendation: A. Receive NDC’s presentation of the NDC Green Map and the sequencing of division elections and hold a Public Hearing regarding same B. Continue deliberations and provide further any further comments or revisions to the draft map(s)
C. Select a district map and decide which districts will have elections in 2022 and which districts will have elections in 2024, and incorporate those selections into the Ordinance
D. Introduce, through first reading by title only with further reading waived, an Ordinance of the City Council of the City of Yuba City, California, Adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to Establish a District-Based System of Elections for Members of the City Council, and set the next Public Hearing and second reading of the Ordinance for February 1, 2022
Fiscal Impact: TBD
Purpose:

To select a final draft map and introduce an ordinance regarding the same to establish a district-based system of elections for members of the City Council and to determine the sequence of elections.

Background:

For some period of time the City has been engaged in the process of updating the process of selection of Councilmembers by moving to district-based elections. By way of background, on September 7, 2021, the Council adopted a Resolution with an effective passage date of September 25, 2021, declaring the

Council’s intention to transition from at-large elections for members of the City Council, to division-based elections.

On September 21, 2021, the City Council conducted the first of two hearings required to be held before the City Council can start considering potential voting division maps. The purpose of these initial hearings was to educate the City Council and public on the legal requirements for the composition of the District voting divisions and required criteria the City Council must apply as well as the optional criteria the Council may follow in drawing divisions. Robert McEntire, from National Demographics Corporation (NDC), presented information on the division process.

On October 5, 2021, the City Council conducted the second of the initial two public hearings on the composition of the City’s voting divisions. After conducting the public hearing, the City Council directed NDC to prepare division elections maps for consideration at the public hearing, which was scheduled for December 21, 2021, including a demonstration “no pair” map. In compliance with State law, those maps were posted to the City’s website. Members of the public could also prepare and post any maps on the City’s website for the City Council to consider.

On December 21, 2021, the City Council conducted a third public hearing on the composition of the City’s voting divisions and considered the division election maps prepared by NDC. After conducting the public hearing, the City Council indicated an initial preference to adopt the NDC Green Map and election sequencing associated with the NDC Green Map.

As stated at the December 21, 2021 City Council meeting, in order to be considered at the January 18, 2022 meeting, the deadline for submission of the maps by members of the public was January 11, 2022.

The City did not receive any map submissions from the public by January 11, 2022. In addition to its prior notices, the City also published a notice of this hearing in the Appeal-Democrat, along with the NDC Green Map, which was also translated into Spanish and Punjabi.

Analysis:

The City Council may proceed with further deliberations on the maps previously presented, make further revisions to any such map, and may select a map or revised map and election sequence for introduction with an ordinance to establish a district based system of elections for members of the City Council.

Although the City Council has indicated a preliminary interest in the NDC Green Map, it may consider any other map that was received and published on the City’s website by January 11, 2022. However, any changes to a map under consideration for adoption would require re-publication of any revised map within seven days prior to adoption of the map and introduction of the ordinance. Likewise, selection of any new maps proposed by the public for the first time just before or during the hearing would also require a re-publication and notice process. As such, selecting any changes on an existing map or new maps would not permit the City Council to follow the currently selected schedule.

Assuming that there are no changes on an existing published map, or a new map is not selected, the fifth (and final) public hearing is scheduled for February 1, 2022, which would include a second reading on the ordinance. However, if there are any map adjustments which take place at that meeting, then the date would need to be adjusted.

Sequence of Elections
Along with selecting a map, the City Council will also need to decide the sequence of elections. The Council will need to choose which districts will be up for election in 2022, 2026, etc. and which districts will be up for election in 2024, 2028, etc. At the December 21, 2021 meeting, City Council indicated a desire to follow the suggested election sequencing associated with the NDC Green Map. However, the

City Council can choose an alternative sequence to the extent it would ensure there are exactly five Councilmembers at any one time.

Map Criteria
As noted in the prior meetings, there are several mandatory criteria that the City must comply with when the actual divisions are created:

1. The divisions must be as nearly equal in population as possible

2. Race cannot be the “predominant” factor or criteria when drawing divisions

3. Compliance with the Federal Voting Rights Act (FVRA)

4. Compliance with the California Voting Rights Act (CVRA) Optional Criteria for Creating Districts
Per Elections Code Section 21601 and Government Code Section 34884, the City Council may consider the following factors when establishing divisions, which criteria are not exclusive:

1. Topography;

2. Geography;

3. Cohesiveness, continuity, integrity, and compactness of territory; and

4. Communities of interests.

A community of interest is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics. Possible community features include, but are not limited to:

A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways; C. Areas around parks and other neighborhood landmarks; D. Common issues, neighborhood activities, or legislative/election concerns; and E. Shared demographic characteristics, such as:
(1) Similar levels of income, education, or linguistic insolation; (2) Languages spoken at home; and
(3) Single-family and multi-family housing unit areas.

Other traditional districting principles include:

1. Respect voters’ choices / continuity in office

2. Future population growth
Conclusion:

After selecting a map and sequence of elections, the City Council may move to incorporate those selections into an ordinance and introduce that ordinance tonight. Staff will then bring the ordinance back a second reading and final adoption on February 1, 2022.

Alternatives:

1. Decline to hold a public hearing at this time.

Recommendation:

A. Receive NDC’s presentation of the NDC Green Map and the sequencing of division elections and hold a public hearing regarding same.

B. Continue deliberations and provide further any further comments or revisions to the draft map(s).

C. Select a district map and decide which districts will have elections in 2022 and which districts will have elections in 2024, and incorporate those selections into the Ordinance.

D. Introduce, through first reading by title only with further reading waived, an Ordinance of the City Council of the City of Yuba City, California, Adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to Establish a District-Based System of Elections for Members of the City Council, and set the next public hearing and second reading of the ordinance for February 1, 2022.

Note: The default draft ordinance has been prepared based on the "Green Map." Attachments:

1. Ordinance Establishing District Based Election Systemv2

2. Districting - NDC Green

3. Districting - NDC Purple

4. Districting - NDC Orange

5. Districting - Demo Map
Prepared By: Submitted By:

Shannon Chaffin
City Attorney
Shannon Chaffin
City Attorney

01248.0001/759305.1
ORDINANCE _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY, CALIFORNIA, ADDING SECTIONS 2-9.04, 2-9.05, AND 2-9.06 TO CHAPTER 9, TITLE 2 OF THE YUBA CITY MUNICIPAL CODE TO

ESTABLISH A DISTRICT-BASED SYSTEM OF ELECTIONS FOR

MEMBERS OF THE CITY COUNCIL
WHEREAS, the members of the City Council of the City of Yuba City (City) are currently elected at-large, whereby all members are elected by all of the voters of the City; and WHEREAS, pursuant to Government Code sections 34886 and 34871, the City has the authority to adopt an ordinance requiring members of the City Council to be elected by district in five districts; and
WHEREAS, pursuant to Elections Code section 10010, the City Council held public hearings on September 21, 2021 and October 5, 2021 to receive public input regarding the composition of district maps, and also held public hearings on December 21, 2021 and January 18, 2022 regarding the content of proposed district maps and sequences of elections; and WHEREAS, also pursuant to Elections Code section 10010, the City Council held a public hearing on February 1, 2022, prior to adoption of this Ordinance; and WHEREAS, in order to further the purposes of the California Voting Rights Act of 2001, the City Council now wishes to adopt an ordinance providing that the members of the City Council shall be elected by-district in five districts beginning at the November 8, 2022 general municipal election; and
WHEREAS, the City Council electoral districts to be established are described further in this Ordinance and shown on the district map attached hereto as Exhibit “A” to this Ordinance.

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

SECTION 1. Findings. The City Council finds as follows:
(a) The above recitals are true and correct and are incorporated herein by this reference. (b) The City Council hereby declares the intent and purpose of this Ordinance adopting a district-based system of elections for members of the City Council is to further the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).

SECTION 2. By-District Electoral System. Section 2-9.04 is added to Chapter 2, Title 9 of the Yuba City Municipal Code to read in its entirety as follows:
2-9.04 By-District Electoral System.
(a) Beginning with the November 8, 2022 general municipal election, and thereafter, members of the City Council of the City of Yuba City shall be elected by-district in five single-member districts.

Ordinance XXXX Page 2
District-Based Election System
01248.0001/759305.1
(b) Each member of the City Council elected or appointed to represent a district must reside in that district and be a registered voter in that district. Each candidate for City Council must be a registered voter in the City of Yuba City and reside in the district in which that candidate is seeking election at the time nomination papers are issued to that candidate, pursuant to Elections Code 34882. Termination of residency in a district by a seated Councilmember shall create a vacancy for that City Council district unless a substitute residence within the district is established within thirty (30) days after that termination of residency.
(c) Notwithstanding any other provision of this chapter, the members of the City Council in office at the time this section takes effect may continue in office until the expiration of the full term to which they were elected and until their successor is qualified.

SECTION 3. Establishment of City Council Electoral Districts. Section 2-9.05 is added to Chapter 2, Title 9 of the Yuba City Municipal Code to read in its entirety as follows:
2-9.05 Establishment of City Council Electoral Districts. (a) Subject to the provisions of this chapter, members of the City Council shall be elected by-district from City Council districts shown and numbered on the map titled ‘City of Yuba City District Map’, a copy of which shall be on file in the City Clerk’s office, and which is attached as Exhibit A to this ordinance.
(b) The City Council electoral districts described in this section shall be adjusted from time to time as required by Elections Code section 21600 et seq. or by other law.

SECTION 4. Election Sequence for Implementation of By-District Electoral System. Section 2-9.06 is added to Chapter 2, Title 9 of the Yuba City Municipal Code to read in its entirety as follows:
2-9.06 Election Sequence for Implementation of By-District Electoral System.

Members of the City Council shall be elected in City Council Districts 1, 2 and 3 at the 2022 general municipal election and every four years thereafter. Members of the City Council shall be elected in City Council Districts 4 and 5 at the 2024 general municipal election and every four years thereafter.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption. The City Clerk, or duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law.

Ordinance XXXX Page 3
District-Based Election System
01248.0001/759305.1
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 18th day of January, 2022, and passed and adopted at a regular meeting held on the ____th day of February, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Exhibit A: City of Yuba City District Map

Ordinance XXXX Page 4
District-Based Election System
01248.0001/759305.1

EXHIBIT A

CITY OF YUBA CITY DISTRICT MAP

2 4
1 3
5 Feather Riv
99 20
99 20
Lincoln Rd
Mccune Ave
Cherry St
N
George Washin
gton
Blv
d
La Mantia Dr
Monroe Dr
Butte House Rd
El Margarita R
d
Blevin
R
d
Stabler Ln
Bogue Rd
Richland Rd
B
u
nce R
d
Gray
Ave
Franklin Ave
Forbes Ave
Live Oak Blvd
Morton St
Bridge St
B St
Plu
mas St
Yuba City
Districting 2021
NDC Green
Suggested sequence:

District 1 - 2022 (Shaw)
District 2 - 2022 (Boomgaarden
& Harris)
District 3 - 2022 (Espindola)
District 4 - 2024 (Kirchner)
District 5 - 2024 (vacant)
©2021 CALIPER

District 1 2 3 4 5 Total
2020 2020 Census (Adjusted) 14,061 13,609 14,318 14,313 14,039 70,340 Deviation from ideal -7 -459 250 245 -29 709
% Deviation -0.05% -3.26% 1.78% 1.74% -0.21% 5.04%
% Hisp 36% 18% 47% 22% 31% 31%
% NH White 42% 51% 26% 31% 40% 38%
% NH Black 4% 2% 3% 2% 3% 3%
% Asian-American 12% 24% 20% 40% 20% 23%
Total 8,222 9,486 7,263 9,453 8,009 42,431
% Hisp 22% 15% 33% 15% 19% 20%
% NH White 62% 61% 41% 46% 59% 54%
% NH Black 2% 2% 5% 3% 4% 3%
% Asian/Pac.Isl. 11% 19% 16% 34% 16% 20%
Total 6,357 8,689 5,063 8,463 7,345 35,917
% Latino est. 23% 12% 32% 16% 22% 20%
% Spanish-Surnamed 21% 12% 30% 15% 21% 19%
% Asian-Surnamed 6% 13% 13% 29% 11% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 68% 71% 51% 52% 62% 61%
% NH Black 2% 2% 4% 2% 4% 3%
Total 3,182 5,577 2,295 4,946 3,999 19,999
% Latino est. 15% 9% 22% 11% 17% 13%
% Spanish-Surnamed 15% 8% 21% 11% 16% 13%
% Asian-Surnamed 5% 12% 15% 27% 11% 15%
% Filipino-Surnamed 1% 1% 0% 1% 1% 1%
% NH White est. 75% 76% 56% 57% 67% 67%
% NH Black 2% 2% 4% 2% 4% 3%
Total 4,648 7,373 3,594 7,034 5,886 28,535
% Latino est. 19% 11% 27% 14% 20% 17%
% Spanish-Surnamed 18% 10% 26% 13% 19% 16%
% Asian-Surnamed 7% 13% 15% 31% 12% 16%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 71% 72% 52% 52% 63% 63%
% NH Black est. 2% 2% 4% 2% 4% 3%
ACS Pop. Est. Total 13,064 13,094 14,600 14,481 12,289 67,528 age0-19 27% 25% 32% 26% 29% 28%
age20-60 48% 48% 53% 54% 53% 51%
age60plus 25% 26% 15% 20% 18% 21%
immigrants 23% 15% 29% 31% 19% 24%
naturalized 39% 68% 38% 63% 51% 51%
english 59% 75% 47% 50% 72% 60%
spanish 27% 9% 37% 13% 14% 20%
asian-lang 1% 2% 2% 2% 2% 2%
other lang 13% 13% 14% 35% 13% 18%
Language Fluency Speaks Eng. "Less
than Very Well" 19% 9% 27% 24% 12% 19%
hs-grad 54% 49% 47% 47% 47% 49%
bachelor 11% 19% 6% 12% 14% 12%
graduatedegree 3% 10% 3% 9% 8% 7%
Child in Household child-under18 36% 33% 45% 41% 43% 40% Pct of Pop. Age 16+ employed 50% 56% 63% 64% 63% 59%
income 0-25k 31% 13% 27% 12% 13% 20%
income 25-50k 27% 22% 31% 18% 21% 24%
income 50-75k 18% 15% 20% 23% 19% 19%
income 75-200k 22% 41% 21% 41% 40% 33%
income 200k-plus 1% 8% 0% 5% 6% 4%
single family 60% 85% 63% 97% 86% 77%
multi-family 40% 15% 37% 3% 14% 23%
rented 59% 30% 70% 31% 36% 46%
owned 41% 70% 30% 69% 64% 54%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
Yuba City NDC Green Map
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

2 4
1 3
5 Feather Riv
99 20
99 20
Lincoln Rd
Mccune Ave
Cherry St
N
George Washin
gton
Blv
d
La Mantia Dr
Monroe Dr
Butte House Rd
El Margarita R
d
Blevin
R
d
Stabler Ln
Bogue Rd
Richland Rd
B
u
nce R
d
Gray
Ave
Franklin Ave
Forbes Ave
Live Oak Blvd
Morton St
Bridge St
B St
Plu
mas St
Yuba City
Districting 2021
NDC Purple
Suggested sequence:

District 1 - 2022 (Shaw)
District 2 - 2022 (Boomgaarden
& Harris)
District 3 - 2022 (Espindola)
District 4 - 2024 (Kirchner)
District 5 - 2024 (vacant)
©2021 CALIPER

District 1 2 3 4 5 Total
2020 2020 Census (Adjusted) 13,910 13,609 14,416 14,313 14,092 70,340 Deviation from ideal -158 -459 348 245 24 807
% Deviation -1.12% -3.26% 2.47% 1.74% 0.17% 5.74%
% Hisp 36% 18% 37% 22% 41% 31%
% NH White 42% 51% 33% 31% 32% 38%
% NH Black 4% 2% 3% 2% 3% 3%
% Asian-American 12% 24% 21% 40% 19% 23%
Total 8,168 9,486 7,959 9,453 7,365 42,431
% Hisp 22% 15% 24% 15% 27% 20%
% NH White 62% 61% 52% 46% 49% 54%
% NH Black 2% 2% 3% 3% 6% 3%
% Asian/Pac.Isl. 11% 19% 17% 34% 15% 20%
Total 6,278 8,689 6,117 8,463 6,370 35,917
% Latino est. 23% 12% 25% 16% 27% 20%
% Spanish-Surnamed 21% 12% 24% 15% 25% 19%
% Asian-Surnamed 6% 13% 11% 29% 12% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 68% 71% 60% 52% 55% 61%
% NH Black 2% 2% 3% 2% 6% 3%
Total 3,137 5,577 3,110 4,946 3,229 19,999
% Latino est. 15% 9% 18% 11% 19% 13%
% Spanish-Surnamed 15% 8% 18% 11% 18% 13%
% Asian-Surnamed 5% 12% 12% 27% 13% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 75% 76% 65% 57% 61% 67%
% NH Black 2% 2% 2% 2% 5% 3%
Total 4,594 7,373 4,633 7,034 4,901 28,535
% Latino est. 19% 11% 22% 14% 23% 17%
% Spanish-Surnamed 18% 10% 21% 13% 22% 16%
% Asian-Surnamed 7% 13% 12% 31% 14% 16%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 71% 72% 62% 52% 57% 63%
% NH Black est. 2% 2% 2% 2% 5% 3%
ACS Pop. Est. Total 12,981 13,094 13,995 14,481 12,977 67,528 age0-19 27% 25% 30% 26% 31% 28%
age20-60 48% 48% 52% 54% 54% 51%
age60plus 25% 26% 18% 20% 14% 21%
immigrants 23% 15% 27% 31% 22% 24%
naturalized 39% 68% 40% 63% 46% 51%
english 58% 75% 60% 50% 58% 60%
spanish 27% 9% 22% 13% 31% 20%
asian-lang 1% 2% 2% 2% 2% 2%
other lang 13% 13% 17% 35% 10% 18%
Language Fluency Speaks Eng. "Less
than Very Well" 19% 9% 21% 24% 19% 19%
hs-grad 54% 49% 49% 47% 45% 49%
bachelor 11% 19% 9% 12% 10% 12%
graduatedegree 3% 10% 6% 9% 6% 7%
Child in Household child-under18 36% 33% 41% 41% 47% 40% Pct of Pop. Age 16+ employed 50% 56% 63% 64% 62% 59%
income 0-25k 31% 13% 24% 12% 17% 20%
income 25-50k 27% 22% 29% 18% 23% 24%
income 50-75k 18% 15% 21% 23% 18% 19%
income 75-200k 22% 41% 24% 41% 37% 33%
income 200k-plus 1% 8% 2% 5% 5% 4%
single family 61% 85% 64% 97% 85% 77%
multi-family 39% 15% 36% 3% 15% 23%
rented 59% 30% 64% 31% 42% 46%
owned 41% 70% 36% 69% 58% 54%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
Yuba City NDC Purple Map
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

2 3
1 5
4 Feather Riv
99 20
99 20
Lincoln Rd
Cherry St
N
George Washin
gton
Blv
d
La Mantia Dr
Monroe Dr
Butte House Rd
El Margarita R
d
Blevin
R
d
Stabler Ln
Bogue Rd
Richland Rd
B
u
nce R
d
Gray
Ave
Franklin Ave
Live Oak Blvd
Morton St
Bridge St
B St
Plu
mas St
Yuba City
Districting 2021
NDC Orange
Suggested sequence:

District 1 - 2022 (Shaw
& Boomgaarden)
District 2 - 2022 (Harris
& Espindola)
District 3 - 2024 (vacant)
District 4 - 2024 (Kirchner)
District 5 - 2022 (vacant)
©2021 CALIPER

District 1 2 3 4 5 Total
2020 2020 Census (Adjusted) 13,922 13,608 14,325 14,126 14,359 70,340 Deviation from ideal -146 -460 257 58 291 751
% Deviation -1.04% -3.27% 1.83% 0.41% 2.07% 5.34%
% Hisp 26% 20% 51% 25% 32% 31%
% NH White 46% 37% 34% 31% 40% 38%
% NH Black 3% 3% 4% 2% 3% 3%
% Asian-American 20% 35% 5% 37% 20% 23%
Total 8,706 8,817 7,353 9,471 8,085 42,431
% Hisp 16% 19% 34% 17% 19% 20%
% NH White 62% 50% 56% 46% 59% 54%
% NH Black 3% 2% 4% 3% 4% 3%
% Asian/Pac.Isl. 17% 25% 4% 32% 16% 20%
Total 8,173 7,297 5,215 7,759 7,473 35,917
% Latino est. 16% 14% 33% 18% 23% 20%
% Spanish-Surnamed 15% 13% 31% 17% 21% 19%
% Asian-Surnamed 12% 21% 2% 27% 11% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 69% 62% 60% 52% 62% 61%
% NH Black 3% 2% 4% 3% 4% 3%
Total 4,938 4,315 2,269 4,417 4,060 19,999
% Latino est. 11% 9% 23% 13% 17% 13%
% Spanish-Surnamed 10% 9% 22% 12% 16% 13%
% Asian-Surnamed 10% 19% 2% 26% 11% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 75% 69% 67% 57% 67% 67%
% NH Black 3% 1% 3% 3% 4% 3%
Total 6,653 6,062 3,477 6,354 5,989 28,535
% Latino est. 13% 12% 28% 16% 20% 17%
% Spanish-Surnamed 13% 11% 27% 15% 19% 16%
% Asian-Surnamed 12% 22% 2% 28% 12% 16%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 71% 63% 64% 52% 63% 63%
% NH Black est. 3% 2% 4% 3% 4% 3%
ACS Pop. Est. Total 13,043 13,227 14,140 14,734 12,384 67,528 age0-19 27% 26% 30% 28% 29% 28%
age20-60 46% 51% 52% 54% 54% 51%
age60plus 27% 23% 18% 19% 17% 21%
immigrants 21% 24% 24% 29% 20% 24%
naturalized 54% 62% 26% 61% 49% 51%
english 68% 61% 50% 52% 72% 60%
spanish 15% 14% 45% 12% 14% 20%
asian-lang 2% 1% 1% 2% 2% 2%
other lang 15% 24% 4% 33% 12% 18%
Language Fluency Speaks Eng. "Less
than Very Well" 14% 18% 24% 24% 13% 19%
hs-grad 49% 50% 51% 47% 47% 49%
bachelor 17% 13% 6% 12% 13% 12%
graduatedegree 8% 7% 2% 8% 8% 7%
Child in Household child-under18 36% 37% 40% 43% 43% 40% Pct of Pop. Age 16+ employed 52% 58% 58% 64% 63% 59%
income 0-25k 20% 16% 33% 14% 14% 20%
income 25-50k 19% 28% 31% 21% 21% 24%
income 50-75k 19% 18% 17% 23% 19% 19%
income 75-200k 36% 33% 18% 39% 41% 33%
income 200k-plus 5% 5% 0% 4% 6% 4%
single family 77% 77% 61% 90% 85% 77%
multi-family 23% 23% 39% 10% 15% 23%
rented 36% 45% 70% 39% 37% 46%
owned 64% 55% 30% 61% 63% 54%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
Yuba City NDC Orange Map
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

Feather Riv
99 20
Hwy 20 Wb 20
99 Hwy 99 Nb
Lincoln Rd
Mccune Ave
Cherry St
N
George Washington Blvd
La Mantia Dr
Monroe Dr
Butte House Rd
El Margarita Rd
Blevin Rd
Stabler Ln
Bogue Rd
Richland Rd
Garden Highway
Gray
A
ve
Franklin Ave
Forbes Ave
Morton St
Bridge St
B St
Plumas St
Suggested sequence:

District 1 - 2022 (Shaw)
District 2 - 2022 (Boomgaarden)
District 3 - 2024 (Harris)
District 4 - 2024 (Espindola)
District 5 - 2022 (Kirchner)
�2021 CALIPER

District 1 2 3 4 5 Total
2020 2020 Census (Adjusted) 14,515 14,444 13,525 14,254 13,602 70,340 Deviation from ideal 447 376 -543 186 -466 990
% Deviation 3.18% 2.67% -3.86% 1.32% -3.31% 7.04%
% Hisp 38% 20% 20% 46% 29% 31%
% NH White 41% 51% 29% 31% 37% 38%
% NH Black 4% 3% 2% 3% 2% 3%
% Asian-American 11% 22% 45% 15% 25% 23%
Total 8,248 10,046 8,611 7,235 8,291 42,431
% Hisp 23% 16% 12% 29% 23% 20%
% NH White 61% 62% 47% 50% 49% 54%
% NH Black 3% 2% 1% 5% 5% 3%
% Asian/Pac.Isl. 10% 17% 37% 12% 20% 20%
Total 6,494 8,896 7,802 5,722 7,003 35,917
% Latino est. 24% 13% 15% 31% 22% 20%
% Spanish-Surnamed 22% 12% 14% 29% 20% 19%
% Asian-Surnamed 6% 13% 32% 8% 15% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 67% 71% 51% 56% 59% 61%
% NH Black 2% 2% 1% 5% 5% 3%
Total 3,214 5,654 4,551 2,684 3,896 19,999
% Latino est. 16% 9% 11% 22% 16% 13%
% Spanish-Surnamed 15% 8% 10% 22% 15% 13%
% Asian-Surnamed 5% 11% 30% 9% 14% 15%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 74% 76% 56% 62% 64% 67%
% NH Black 2% 2% 1% 4% 5% 3%
Total 4,709 7,487 6,516 4,180 5,643 28,535
% Latino est. 20% 11% 13% 27% 19% 17%
% Spanish-Surnamed 19% 10% 12% 25% 18% 16%
% Asian-Surnamed 6% 13% 33% 9% 16% 16%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 70% 73% 51% 58% 60% 63%
% NH Black est. 2% 2% 1% 4% 5% 3%
ACS Pop. Est. Total 13,389 13,993 13,592 13,722 12,832 67,528 age0-19 27% 26% 27% 32% 28% 28%
age20-60 50% 47% 53% 53% 54% 51%
age60plus 23% 27% 21% 14% 18% 21%
immigrants 23% 15% 31% 27% 22% 24%
naturalized 37% 64% 62% 37% 57% 51%
english 58% 74% 50% 54% 65% 60%
spanish 29% 11% 9% 35% 17% 20%
asian-lang 2% 2% 2% 1% 2% 2%
other lang 11% 13% 39% 11% 16% 18%
Language Fluency Speaks Eng. "Less
than Very Well" 20% 10% 25% 23% 15% 19%
hs-grad 54% 49% 46% 46% 48% 49%
bachelor 10% 18% 12% 7% 13% 12%
graduatedegree 3% 9% 9% 4% 8% 7%
Child in Household child-under18 36% 33% 43% 46% 42% 40% Pct of Pop. Age 16+ employed 52% 55% 64% 63% 63% 59%
income 0-25k 32% 14% 12% 24% 15% 20%
income 25-50k 26% 24% 20% 28% 22% 24%
income 50-75k 17% 16% 23% 19% 22% 19%
income 75-200k 23% 38% 41% 26% 37% 33%
income 200k-plus 1% 7% 4% 2% 5% 4%
single family 62% 79% 95% 73% 82% 77%
multi-family 38% 21% 5% 27% 18% 23%
rented 58% 37% 30% 60% 42% 46%
owned 42% 63% 70% 40% 58% 54%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
Yuba City Council Requested Demonstration Map
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Levy of the 2022 Annual Assessment of the Downtown Yuba City Business Improvement District
Recommendation: A. Conduct Public Hearing, and after consideration, B. Adopt a Resolution confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2022
Fiscal Impact: None related to levy and collection of annual assessments.

Council's Strategic Goal:

This aligns with the Council's Business Friendly Goal by supporting the local Downtown Business Association Business Improvement District.

Background:

At the meeting on December 21, 2021, the City Council received the 2021-2022 Annual Report from the Yuba City Downtown Business Association and adopted Resolution No. 21-190 declaring its intention to levy and collect an annual assessment for calendar year 2022 in the Downtown Yuba City Business Improvement District (BID). A Public Hearing was set for January 18, 2022. The notice of Public Hearing was published in the Appeal Democrat on January 7, 2022.

The purpose of the Public Hearing is for the City Council to hear and consider all protests against the levying of the proposed assessments. The City Council should note that the Annual Report proposes no changes to the BID boundaries or the assessment formula as originally established.

Analysis:

After the Public Hearing, the City Council may take one of the following actions:

1. Terminate proceedings if protest is received from business owners in the proposed district who collectively pay 50% or more of the proposed assessment (a “majority protest”). If the majority protest is only against the furnishing of a specified type of improvement or activity within the district, those types of improvements or activities shall be eliminated.

2. Order changes in any of the matters provided in the Annual Report including: 1) Changes in the proposed assessments, 2) The proposed improvements and activities to be funded with the revenues derived from the levy of the assessments, and 3) The proposed boundaries of the area and any benefit zones with the area. The City Council cannot change the boundaries to include any territory that will not, in its judgment, benefit by the improvement of activity.

3. Continue the Public Hearing with the understanding that the Public Hearing must be completed within 30 days.

4. Adopt a Resolution confirming the Annual Report as originally filed or as amended. The adoption of the Resolution constitutes the levy of the assessment for calendar year 2022.

Fiscal Impact:

None related to levy and collection of annual assessments.

Alternatives:

1. Do not levy assessments.

2. Identify alternate funding source for Downtown improvements and activities.

Recommendation:

Adopt a Resolution confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2022.

Attachments:

1. RESOLUTION DBA Second Meeting

2. DBA Map and Formula Attachment
Prepared By: Submitted By:

Judy Sanchez
Executive Assistant
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

CONFIRMING THE ANNUAL REPORT FOR THE YUBA CITY DOWNTOWN BUSINESS

ASSOCIATION AND LEVYING THE ASSESSMENT FOR THE DOWNTOWN YUBA CITY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2022
WHEREAS, on December 21, 2021, the Yuba City Council adopted Resolution No. 21-190 (the “Resolution”) declaring its intention to levy and collect an annual assessment for calendar year 2022 in the Downtown Yuba City Business Improvement District (the “District”) pursuant to the Parking and Business Improvement Area Law of 1989, Part 6, (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the “Act”); and WHEREAS, pursuant to the Act and the Resolution, the City of Yuba City published a Notice of Public Hearing on January 7, 2022 regarding the proposed levy of the 2022 Annual Assessment for the Downtown Business Improvement District; and
WHEREAS, the Public Hearing has been held and the City Council has heard and considered all oral and written protests and other comments regarding the levying of the proposed assessments; and
WHEREAS, protests from businesses in the District paying fifty percent (50%) or more of the proposed assessments have not been received.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:

1. The recitals set forth herein are true and correct.

2. The City Council does confirm the Annual Report as originally filed by the Yuba City Downtown Business Association.

3. This Resolution is effective on its adoption and constitutes the levy of the assessment for calendar year 2022 for the Downtown Yuba City Business Improvement District as referred to in the Annual Report, for those properties depicted in Attachment “A” and per the levy rate formula as set forth in Attachment “B”.

I HEREBY CERTIFY that the foregoing resolution was introduced and read at a Regular Meeting of the City Council of the City of Yuba City on the 18th day of January 2022, and was duly adopted at said meeting by the following vote:

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachments:

A. Map of District
B. District Assessment Formula

ATTACHMENT 2

EXHIBIT A

Commercial Uses: A Zone
Commercial Uses: B Zone
Residential Uses

EXHIBIT B

DISTRICT ASSESSMENT FORMULA
The Business Improvement District (BID) is a self-initiated business district funded by an annual assessment based on a formula developed by the Downtown Yuba City Business Improvement District Formation Committee. The assessments will be used to fund improvements and activities in the BID designed for economic stimulation and business enhancement for the business in the BID. The assessment formula is based on type, size and location of business in order to offer a fair and equitable charge for each business in theBID.

Business Type Business Size Number of
Employees
Annual
Assessment
Zone
A B
Retail, Restaurant Small 1-4 $385 $180
and Service Medium 5-9 $560 $285
Large 10+ $735 $380
Professional
Business
$350 $180
Lodging Business $560 $285
Financial
Business
$875 $725
Retail, Restaurant and Service Businesses: Includes businesses that buy and resell goods such as clothing stores, shoe stores, office supplies, businesses that sell prepared foods and drinks, general office, news and advertising media, printers, photographers , personal care facilities and outlets, contractors, builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, theaters and entertainment-oriented businesses, and other similar businesses not otherwise defined in the other categories.

Professional Business: Includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers, and similar businesses.

Lodging Businesses: Includes inns, hotels, motels, RV parks, and other similar businesses.

Financial Institutions: Includes banks, savings & loans, credit unions, and similar businesses.

Associate Members: Businesses outside the BID boundaries that would like to participate will be charged.

Note: Retail and restaurant businesses will be assess on size which will be determined by number of employees, either full-time or the equivalent made up of multiples of part-time employees.

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: January 18, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Development Services Director Summary
Subject: Renewal of the Yuba-Sutter Tourism Improvement District (YSTID) Recommendation: Adopt a Resolution of Intention to Renew the Yuba-Sutter Tourism Improvement District
Fiscal Impact: Continuation of the 2% room rental rate District Assessment Purpose:

To approve the intent to continue the 2% Yuba-Sutter Tourism Improvement District Assessment.

Council's Strategic Goal:

This project addresses the City Council's goal of business friendly and financial stability to support regional hotels and provide a stable funding source for ongoing marketing efforts, as well as increase occupancy rates.

Background:

In May 2016, the City Council authorized the City Manager to enter into an agreement with the Yuba-Sutter Chamber of Commerce to establish a Tourism Improvement District (TID) for a fiveyear term. The TID was established in March 2017, and is a benefit assessment district to fund marketing and sales, sports and outdoor recreation, transportation, visitor programs, and promotions for Yuba-Sutter lodging businesses. Our local district includes all lodging businesses within the cities of Yuba City, Marysville, Live Oak, and Wheatland, as well as the unincorporated areas of Yuba and Sutter Counties. The Yuba-Sutter Lodging Association (YSLA), the entity responsible for managing YSTID, was established through the adoption of the Management District Plan.

Analysis:

Lodging businesses within the District have decided to pursue a renewal of the YSTID in order to continue a revenue source devoted to marketing the Yuba-Sutter area as a tourist and event destination. The proposed renewal will be for a 10-year period and, if renewed, YSTID would generate approximately $400,000 on an annual basis, including all participating agencies, for the

promotion of travel and tourism specific to the Yuba-Sutter area.

The renewed YSTID will have a ten (10) year term, beginning April 1, 2022 through March 31, 2032. Once per year, beginning on the anniversary of YSTID renewal, there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the YSTID.

The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.

The cities and counties will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business in their respective jurisdictions.

If the Resolution of Intention is adopted, the renewal process will be as follows:

Proposed Date Process
January 19, 2022 Notice: City to mail written notice to the owners of all businesses proposed to be within the renewed YSTID. Mailing notice begins a mandatory 45-day period in which owners may protest renewal.

February 15, 2022 Public Meeting: Allow public testimony on the renewal of YSTID and levy of assessments. No Council action required
March 15, 2022 Public Hearing: If written protests are received from the owners of businesses who will pay more than 50% of the assessments proposed and protests are not withdrawn so as to reduce the protests to less than 50%, no further proceedings shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

At the conclusion of the public hearing, Council may adopt, revise, reduce, or modify the proposed assessment or the type(s) of improvements and activities to be funded with revenues from the assessments.

Fiscal Impact:

No direct fiscal impacts would result from adopting the Resolution of Intention to Renew the YubaSutter Tourism Improvement District.

Alternatives:

1. Do not adopt the Resolution of Intention to Renew the Yuba-Sutter Tourism Improvement District at this time, and provide direction on how to proceed.

2. Do not adopt the Resolution of Intention to Renew the Yuba-Sutter Tourism Improvement District and end the City’s involvement in the YSTID.

Attachments:

1. Resolution of Intention to Renew YSTID

2. YSTID Management District Plan
Prepared By: Submitted By:

Shannon Jones
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 2022 - ____

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

ITS INTENTION TO RENEW THE YUBA SUTTER TOURISM IMPROVEMENT

DISTRICT (YSTID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING

AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, the City of Yuba City (City) created the YSTID in 2017 by Resolution No. 17-008; and
WHEREAS, the YSTID was created for a five (5) year term which ends on March 31, 2022; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Yuba Sutter Lodging Association, lodging business owners, and representatives from the City of Yuba City have met to consider the renewal of the YSTID; and WHEREAS, Yuba Sutter Lodging Association has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the YSTID, a service plan and budget, and a proposed means of governance; and
WHEREAS, the renewed YSTID includes lodging businesses in the cities of Yuba City, Marysville, Live Oak, and Wheatland (cities); and the unincorporated areas of Yuba and Sutter counties (counties); and
WHEREAS, lodging business who will pay more than fifty percent (50%) of the assessment under the YSTID have petitioned the City Council to renew the YSTID.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth herein are true and correct.

2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the YSTID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the YSTID and to levy an assessment on certain lodging businesses within the YSTID boundaries in accordance with the Property and Business Improvement District Law of 1994.

3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.

4. The City Council declares its intention to renew the YSTID and to levy and collect assessments on lodging businesses within the YSTID boundaries pursuant to the Property and Business Improvement District Law of 1994.

5. The YSTID shall include all lodging businesses located within the boundaries of the boundaries of the cities of Yuba City, Marysville, Like Oak, and Wheatland (cities), and the unincorporated

areas of Yuba and Sutter counties (counties), as shown in the map attached as Exhibit A.

6. The name of the district shall be Yuba Sutter Tourism improvement District (YSTID).

7. The annual assessment rate is two percent (2%) of gross short-term room rental revenue.

Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.

8. The assessments levied for the YSTID shall be applied toward marketing and sales, sports and outdoor recreation, and transportation and visitor services programs and promotions to market assessed lodging businesses in Yuba Sutter as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which YSTID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.

9. The renewed YSTID will have a ten (10) year term, beginning April 1, 2022 through March 31, 2032 unless renewed pursuant to Streets and Highways Code § 36660.

10. Bonds shall not be issued.

11. The time and place for the public meeting to hear testimony on renewing the YSTID and levying assessments are set for February 15, 2022 at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1201 Civic Center Blvd, Yuba City, CA 95993.

12. The time and place for the public hearing to renew the YSTID and the levy of assessments are set for March 15, 2022, at 6:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1201 Civic Center Blvd, Yuba City, CA 95993. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than January 28, 2022.

13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the YSTID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the renewed YSTID that will pay more than fifty percent (50%) of the estimated total assessment of the entire YSTID, no further proceedings to renew the YSTID shall occur for a period of one (1) year.

14. The complete Plan is on file with the City Clerk and may be reviewed upon request.

15. This resolution shall take effect immediately upon its adoption by the City Council.

I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a regular meeting of the City Council on the 18th day of January 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:
________________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

EXHIBIT A
District Boundaries

ATTACHMENT 2

2022-2032

YUBA-SUTTER

TOURISM IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN
July 1, 2021 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

CONTENTS
I. OVERVIEW ........................................................................................................................................2 II. BACKGROUND ................................................................................................................................4 III. BOUNDARY.......................................................................................................................................5 IV. ASSESSMENT BUDGET AND SERVICES................................................................................6 A. Annual Service Plan .............................................................................................................................6 B. Annual Budget......................................................................................................................................8 C. California Constitutional Compliance...............................................................................................9 D. Assessment..........................................................................................................................................10 E. Penalties and Interest.........................................................................................................................11 F. Time and Manner for Collecting Assessments..............................................................................11 V. GOVERNANCE...............................................................................................................................12 A. Owners’ Association..........................................................................................................................12 B. Brown Act and California Public Records Act Compliance........................................................12 C. Annual Report ....................................................................................................................................12 APPENDIX 1 – LAW....................................................................................................................................13 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................24 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

YSTID Management District Plan 2
July 1, 2021
I. OVERVIEW
Developed by Yuba-Sutter Lodging Association (YSLA) and Yuba-Sutter area lodging businesses, the Yuba-Sutter Tourism Improvement District (YSTID) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses.

This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The YSTID was created in 2017 for a five (5) year term. YSLA and Yuba-Sutter area lodging businesses now wish to renew the YSTID for a ten (10) year term. Pursuant to Streets and Highways Code §36620.5, Yuba City will continue to act as the lead jurisdiction for renewing the YSTID. Yuba City will continue to receive YSTID annual reports.

Location: The YSTID includes all lodging businesses located within the boundaries of the cities of Yuba City, Marysville, Live Oak, and Wheatland (cities); and the unincorporated areas of Yuba and Sutter counties (counties), as shown on the map in Section III.

Services: The YSTID is designed to provide specific benefits directly to payors by increasing demand for room night sales. Marketing and sales, sports and outdoor recreation, and transportation and visitor services programs and promotions will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total YSTID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $400,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.

Cost: The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.

Collection: The cities and counties shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the YSTID. The cities and counties shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The proposed YSTID will have a ten (10) year life, beginning April 1, 2022 through March 31, 2032. Once per year, beginning on the anniversary of YSTID renewal, there is a 30-day period in which owners paying more than fifty percent (50%) of the assessment may protest and initiate a Yuba City City Council hearing on YSTID termination.

Management: The Yuba-Sutter Lodging Association shall continue to serve as the YSTID’s Owners’ Association. The Owners’ Association is charged with managing funds and

YSTID Management District Plan 3
July 1, 2021
implementing programs in accordance with this Plan, and must provide annual reports to the Yuba City City Council.

YSTID Management District Plan 4
July 1, 2021
II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

California’s TIDs collectively
raise over $300 million annually
for local destination marketing.

With competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that Yuba-Sutter
lodging businesses continue to
invest in stable, lodging-specific
marketing programs.

TIDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase demand for room night sales.

In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TIDs:
 Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
 Funds cannot be diverted to general government programs;  They are customized to fit the needs of payors in each destination;  They allow for a wide range of services;
 They are designed, created and governed by those who will pay the assessment; and  They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38 46
61 64 70 75
88 95 99101104109110
0 20
40 60
80 100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Number of Districts Operating in
California

YSTID Management District Plan 5
July 1, 2021
III. BOUNDARY
The YSTID shall include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of Yuba City, Marysville, Live Oak, and Wheatland; and the unincorporated areas of Yuba and Sutter counties.

Lodging business means: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy on a temporary basis for lodging or sleeping purposes. Such term includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Lodging business does not include the following: an organized camp, as that term is defined by Health and Safety Code § 18897; the right of an owner of a timeshare estate in a room or rooms in a timeshare project, or the owner of a membership camping contract in a camping site at a campground, or the guest of the owner, to occupy the room, rooms, or camping site, or other real property in which the owner retains that interest, as provided in Revenue and Taxation Code § 7280; any facilities operated by a local government entity; any campsite excluded from taxation pursuant to Revenue and Taxation Code § 7282; or sites in a privately owned campground or recreational vehicle park.

The boundary, as shown in the map below, currently includes twenty-five (25) lodging businesses. A complete listing of lodging businesses within the renewed YSTID can be found in Appendix 2.

YSTID Management District Plan 6
July 1, 2021
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to Yuba City of conferring the benefits or granting the privileges. The privileges and services provided with the YSTID funds are sales and marketing, sports and outdoor recreation, transportation and visitors services, and operations programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by YSLA. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $400,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, Yuba City and the YSLA board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the YSTID, any and all assessment funds may be used for the costs of defending the YSTID.

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The staffing levels necessary to provide the services below will be determined by the YSLA on an as- needed basis.

Sales and Marketing
Sales & Marketing,
$280,000 , 70%
Sports & Outdoor
Recreation,
$32,000 , 8%
Transportation &
Visitor Services,
$20,000 , 5%
Administration & Operations,
$40,000 , 10%
Collection Fee,
$8,000 , 2%
Contingency & Renewal,
$20,000 , 5%
Initial Annual Assessment Budget - $400,000

YSTID Management District Plan 7
July 1, 2021
A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Yuba-Sutter as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
 Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses;  Print ads in magazines and newspapers targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
 Television and/or radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
 Attendance of trade shows, professional industry conferences, and affiliation events to promote assessed businesses;
 Preparation and production of collateral promotional materials such as brochures, visitor guides, flyers and maps featuring assessed businesses;
 Development and implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to drive overnight visitation at assessed businesses;
 Development of Return on Investment (ROI) analysis on effectiveness of district funds to improve effectiveness and increase demand for overnight visitation at assessed businesses;  Development of a marketing plan to ensure district funds are strategically spent to market assessed lodging businesses;
 Lead generation activities designed to attract tourists and group events to assessed businesses;  Development and maintenance of a website designed to promote assessed businesses;  Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits to assessed businesses;  Education of lodging business management and the Owners’ Association on marketing strategies best suited to meet assessed businesses’ needs; and  Community organization grants to promote events and activities that target potential visitors to drive overnight visitation and room sales to assessed businesses.

Sports and Outdoor Recreation Marketing
A sports and outdoor recreation marketing program will have a central theme of promoting the YSTID as a desirable place for overnight visits by highlighting the sports and outdoor recreation opportunities in Yuba-Sutter.

Transportation and Visitor Services Enhancements
The transportation and visitor services program will fund transportation and visitor services improvements designed to increase room night sales at assessed lodging businesses. Improvements may include:
 Welcome center and visitor kiosk program including a long term ambassador program and new technology-driven visitor information enhancements to drive overnight visitation and room sales to assessed businesses;
 Brand-centric visitor services training programs for both public and private sector staff designed to create a visitor experience that will bring repeat visits to assessed businesses;  Comprehensive and integrated wayfinding signed systems including signage to parking lots and decks designed to create a visitor experience that will bring repeat visits to assessed businesses;

YSTID Management District Plan 8
July 1, 2021
 Transportation programs connecting hotels and local music venues, sports venues, and other attractions, to increase overnight visitation and room sales to assessed businesses;  Art and cultural projects, to attract overnight visitors;  Gateway enhancements, to attract overnight visitation;  Enhancements to environmental experiences which attract overnight visitors;  Improvements to existing parks and sports facilities utilized by overnight visitors designed to create a visitor experience that will bring repeat visits to assessed businesses; and  Infrastructure improvements that enhance Yuba-Sutter’s competitive position to attract desirable special events year-round and attract overnight visitors.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, audit, legal, and accounting fees.

Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, or higher than anticipated program costs, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program or administration costs at the discretion of YSLA. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by YSLA.

Collection Fee
The cities and counties shall retain a fee equal to a two percent (2%) of the amount of assessments collected, to cover collection and administration costs.

B. Annual Budget
The total ten (10) year improvement and service plan budget is projected at approximately $400,000 annually, or $4,585,552 through 2032. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.

The table below demonstrates the maximum cost of improvements and services over the YSTID’s ten (10) year term. A three percent (3%) annual increase in the cost of improvements and services is projected to account for anticipated increases in gross short term room rental revenue as a result of YSTID efforts.

Fiscal
Year
Sales &
Marketing
Sports &
Outdoor Rec
Transportation &
Visitor Services
Admin &
Operations
Contingency
& Renewal
Collection
Fee
Total
22/23 $280,000 $32,000 $20,000 $40,000 $8,000 $20,000 $400,000 23/24 $288,400 $ 32,960 $20,600 $41,200 $8,240 $20,600 $412,000 24/25 $297,052 $ 33,949 $21,218 $42,436 $8,487 $21,218 $424,360 25/26 $305,964 $ 34,967 $21,855 $43,709 $8,742 $21,855 $437,091 26/27 $315,142 $ 36,016 $22,510 $45,020 $9,004 $22,510 $450,204 27/28 $324,597 $ 37,097 $23,185 $46,371 $9,274 $23,185 $463,710 28/29 $334,335 $ 38,210 $23,881 $47,762 $9,552 $23,881 $477,621 29/30 $344,365 $ 39,356 $24,597 $49,195 $9,839 $24,597 $491,950 30/31 $354,696 $ 40,537 $25,335 $50,671 $10,134 $25,335 $506,708

YSTID Management District Plan 9
July 1, 2021
31/32 $365,336 $ 41,753 $26,095 $52,191 $10,438 $26,095 $521,909 Total $3,209,886 $366,844 $229,278 $458,555 $91,711 $ 229,278 $4,585,552 C. California Constitutional Compliance
The YSTID assessment is not a property-based assessment subject to the requirements of Proposition 218. The Court has found, “Proposition 218 limited the term ‘assessments’ to levies on real property.”1 Rather, the YSTID assessment is a business-based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the YSTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific lodging businesses within the YSTID. The activities described in this Plan are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the YSTID, and are narrowly tailored. YSTID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in YSTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.

The assessment imposed by this YSTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in room night sales. The specific benefit of an increase in room night sales for assessed lodging businesses will be provided only to lodging businesses paying the YSTID assessment, with marketing and sales programs promoting lodging businesses paying the YSTID assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased room night sales to the assessed lodging businesses.

Although the YSTID, in providing specific benefits to payors, may produce incidental benefits to nonpaying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)

YSTID Management District Plan 10
July 1, 2021

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has
recognized that marketing and promotions services like those to be provided by the YSTID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
YSTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the YSLA, and reports submitted on an annual basis to the Yuba City City Council.

Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from district-funded activities, be featured in advertising campaigns, and benefit from other YSTID - funded services. Non-assessed lodging businesses will not receive these, nor any other, YSTID - funded services and benefits.

The YSTID -funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non- YSTID funds. YSTID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is two percent (2%) of gross short term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood..

The term “gross room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the “YSTID Assessment.” The

4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)

YSTID Management District Plan 11
July 1, 2021
assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Penalties and Interest
The YSTID shall reimburse the cities and counties for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent YSTID assessment are sought to be recovered in the same collection action by the cities or counties, the YSTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. Fraud: If the city or county determines that the nonpayment of any remittance due is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections (1) and (2) of this section.

4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues shall become part of the assessment required to be paid.

F. Time and Manner for Collecting Assessments
The YSTID assessment will be implemented beginning April 1, 2022 and will continue for ten (10) years through March 31, 2032. The cities and counties will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in their respective jurisdictions. The cities and counties shall take all reasonable efforts to collect the assessments from each lodging business. The cities and counties shall forward the assessments collected to the Owners’ Association.

YSTID Management District Plan 12
July 1, 2021
V. GOVERNANCE
A. Owners’ Association
The Yuba City City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the YSTID as defined in Streets and Highways Code §36612. The Yuba City City Council has determined that Yuba-Sutter Lodging Association (YSLA) shall continue to serve as the Owners’ Association for the YSTID. The YSLA Board of Directors shall include:
 A minimum of four (4) assessed business owners or their representatives;  One (1) government representative from Yuba City; and  One (1) government representative from Sutter County, Yuba County, the City of Marysville, the City of Live Oak, the City of Wheatland or Yuba-Sutter Economic Development Corporation and appointed by either the City Manager or County Administrator.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the YSLA board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

C. Annual Report
The YSLA shall present an annual report at the end of each year of operation to the Yuba City City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
 Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
 The improvements and activities to be provided for that fiscal year.  An estimate of the cost of providing the improvements and the activities for that fiscal year.  The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
 The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
 The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.