Yuba City City Council
March 1, 2022

If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
MARCH 1, 2022

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
5:00 P.M. CLOSED SESSION:

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Wade Kirchner
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Grace Espindola
COUNCILMEMBER ● Shon Harris
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible


AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
MARCH 1, 2022
5:00 P.M. CLOSED SESSION:

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Closed Session

1. A. Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)) Name of Case: Gregory Gross v. City of Yuba City et al., Yuba County Superior Ct. Case No. CVCS22-0000016 Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations

2. Yuba City Police Officer of the Year 2021 - Proclamation

3. The Cookie Tree 40 years in Business - Proclamation

4. Red Cross - Proclamation

5. Martin Luther King March - Proclamation
Public Communication

6. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on items listed on the agenda when they are called. Public comment on items not listed on the agenda will be considered at this time. Comments on controversial items may be limited and large groups are encouraged to select representatives to express the opinions of the group.

● For Items on the Agenda
Public comments on items on the agenda are taken during Council’s consideration of each agenda item. If you wish to comment on any item appearing on the agenda, please note the number of the agenda item about which you wish to comment. If you wish to comment on more than one item, please send an email for each item. ● Items not listed on the Agenda
Public comments on items not listed on the agenda will be considered at this time.

Members of the public submitting written requests at least 24 hours prior to the meeting will normally be allotted 5 minutes to comment. In addition to written comments, the public is welcome to submit a video presentation in electronic format to be played during public comment or during the hearing item. Due to COVID-19 staffing limitations, formatting, and video streaming related issues, presentations must be submitted to the City Clerk no later than 5:00 p.m. the day before the meeting to ensure the presentation is available for streaming at the time the Agenda item is called. Presentations submitted after 5:00 p.m. the day before the meeting may not be available to be streamed at the meeting.

Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council, staff or public request specific items to be discussed or removed from the Consent Calendar for individual action.

7. Minutes of February 15, 2022
Recommendation: Approve the City Council minutes of February 15, 2022

8. State Ballot Measure Restricting Voters' Input and Local Taxing Authority Recommendation: Adopt a Resolution opposing a State Ballot Measure that restricts voters' input and local taxing authority titled, "Taxpayer Protection and Government Accountability Act" (Initiative 21- 0042A1)

9. Environmental Compliance Division Personnel
Recommendation: Adopt a Resolution authorizing the reclassification of existing employees and authorizing the Finance Director to amend the salary schedule to reflect the creation of the Environmental Compliance Division within the Public Works Department as outlined in the staff report

10. Wastewater Treatment Facility Return Activated Sludge/Waste Activated Sludge Pumps Purchase
Recommendation: Adopt a Resolution awarding the purchase of three (3) RAS pumps and two (2) WAS pumps to G3 Engineering, Inc. of Granite Bay, CA in the amount of $140,000, with the finding that it is in the best interest of the City

11. Authorize the City Manager to enter into an agreement with Sacramento Area Council of Governments (SACOG) to administer a Code Audit project with services performed by Cascadia Partners, LLC
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement and execute a Memorandum of Understanding
between SACOG and City of Yuba City for the Regional Early

Action Planning (REAP) Grant Program

12. Clarification of the Custodial Services Bid (FB22-05) Awardee Recommendation: Adopt a Resolution to clarify that the bid award for FB22-05 was intended for Valley Commercial Cleaning and once the vendor changes their name to “VALCO Cleaning, Inc.” and provides the appropriate documentation that it is Department of Industrial Relations and bid specification compliant, the City Manager is authorized to amend the agreement to add “VALCO Cleaning, Inc.” and remove Valley Commercial
Cleaning from the contract

13. Appointments to the City of Yuba City Senior Commission Recommendation: Approve the Recommendations for Appointment of Four (4) Members to the Senior Commission
Business Items

14. Blue Zones Project
Recommendation: A. Accept a presentation on the Blue Zones Yuba Sutter Project, and
B. Adopt a Resolution affirming support for the Blue Zones Project and appointing a representative to serve on the Blue Zones Project Yuba Sutter Steering Committee

15. Bridge Street Widening – Gray Avenue to Cooper Avenue Project (Award for Construction and Construction Management)
Recommendation: Adopt a Resolution which takes the following actions:

A. Rejects bid protest submitted by All-American
Construction and awards a construction contract to
Baldwin Contracting Company, DBA Knife River
Construction, of Chico, CA in the amount of their total bid of $8,054,003.00 and authorize the City Manager to
execute the contract on behalf of the City, subject to
review and approval as to legal form by the City
Attorney
B. Awards a Professional Services Agreement to Knight
CM Group of Gold River, CA for Construction
Management and Inspection Services in the amount of
$814,441.82 and authorize the City Manager to execute
the contract on behalf of the City, subject to material terms, subject to Caltrans Internal Office of Audits and Investigations approval, subject to review and approval as to legal from by the City Attorney, and with the
finding that it is in the best interest of the City
C. Awards a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor Compliance Services
in the amount of $29,004.00, subject to material terms,

with the finding that it is in the best interest of the City D. Authorizes Amendment No. 1 to the Professional
Services Agreement with MHM Engineering of
Marysville, CA for Engineering Services During
Construction in the amount of $59,337.00, subject to
material terms, with the finding that it is in the best interest of the City
E. Authorizes the Finance Director to make a supplemental appropriation in the amount of $1,732,795.00 from
unallocated Transportation Development Act funds to
CIP Account No. 911187 (Bridge Street Widening)
F. Authorizes the Finance Director to make a budget
transfer in the amount of $2,277,091.00 from CIP
Account No. 921255 (Road Maintenance and
Rehabilitation Account) to CIP Account No. 921187
(Bridge Street Widening)
G. Authorizes the Finance Director to make a budget
transfer in the amount of $98,000.00 from 981229
(Capitalization Fund) to CIP Account No. 981187
(Bridge Street Widening) for wastewater improvements
H. Authorizes the Finance Director to make a budget
transfer in the amount of $677,000.00 from 971092
(Water Line Extension & Distribution Piping
Enhancements) to CIP Account No. 971187 (Bridge
Street Widening) for water improvements

16. SB 1383 Ordinance Updates Second Reading
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City adding Section 7-10.03 of Chapter 10 of Title 7, adding Chapter 18 (Model Water Efficient Landscape Ordinance) of Title 7, amending Chapter 3 (Mandatory Refuse Collection Services) of Title 6, and amending Section 6-4.03 of Chapter 4 of Title 6 of the Yuba City Municipal Code to comply with Senate Bill 1383 by title only and waive the second reading

17. 2021-2029 City of Yuba City General Plan Housing Element Recommendation: A. Conduct a Public Hearing; and
B. Adopt a Resolution of the City Council of the City of Yuba City adopting the revised 2021-2029 City of Yuba City General Plan Housing Element and associated Addendum to the
General Plan Environmental Impact Report (EIR)

18. Senate Bill 9 and Accessory Dwelling Unit Ordinance Amendments Recommendation: A. Conduct a Public Hearing, and;
B. Introduce an Ordinance to update the Yuba City Municipal

Code to establish regulations for Urban Lot Splits and two-unit developments in accordance with Senate Bill 9, and adopt amendments to regulations of Accessory Dwelling Units and Junior Accessory Dwelling Units, by title only and waive the first reading
Future Agenda Items

19. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda

20. City Manager's Report

21. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment

CITY OF YUBA CITY
Closed Session Items
A. Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1))
Name of Case: Gregory Gross v. City of Yuba City et al., Yuba County Superior Ct. Case No. CVCS22-0000016

Proclamation
of the City Council
Yuba City Police Officer of the Year
2021
Proclamation to be presented at the Council Meeting

Proclamation
of the City Council
The Cookie Tree
40 years of Sweet Business
WHEREAS, The City of Yuba City would like to celebrate and recognize Sue Smith the owner of the Cookie Tree for 40 years in business; and
WHEREAS, on December 11, 1981, The Cookie Tree was established and opened its doors on Plumas Street. On the first day of business they cleared $187.00! A few years later, Sue bought the store and the business continued to be very successful and moved from Plumas Street to a different location another two times due to growth of the business; and
WHEREAS, today The Cookie Tree has 22 employees and the current managers Julie and her sister Kristie have worked there for many years along with their mom Judy, who is the baker. Together combined they have 80 years in the business; WHEREAS, The Cookie Tree has become an icon in the community and is the perfect place to pick up that perfect gift. They have a huge variety of cookies, cakes, brownies, cheesecakes, hot beverages and a mini gift area. These cookies are desired throughout the community, region and are shipped all over the country; and WHEREAS, they are not shy to giving back to the community, they supported many community events along with countless donations to schools, charities and other fundraising events; and
WHEREAS, at the start of the Pandemic, there was concern of cutting back on staff but after The Cookie Tree closed its doors for one day, business increased immensely and Sue knew everything was going to be okay; and
WHEREAS, additionally, Sue Smith has channeled this success to her wonderful employees, the support of the entire community, and mostly gives God all the credit.

NOW, THEREFORE, BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of our entire City Council, do hereby applaud and congratulate Sue Smith the owner of The Cookie Tree on the 40 year anniversary of this sweet business and look forward to many more dozens of cookies in the future.

Done on this 1st day of March 2022 at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
American Red Cross Month
March 2022
WHEREAS, in times of crisis, people in Yuba City come together to care for one another.

This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors; and
WHEREAS, in 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in Yuba City, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially, or learn vital life-preserving skills through the Red Cross; and
WHEREAS, during the wildfires of 2021 the contributions of local Red Cross volunteers gave hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by wildfires, local disasters like single-family home fires, donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid; and WHEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community.

NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City, and on behalf of the entire City Council, do hereby proclaim March 2022 Red Cross Month and encourage the community to reach out and support its humanitarian mission.

Done the 1st day of March, 2022, City of Yuba City, Sutter County and the State of California.

Proclamation
of the City Council
Martin Luther King Unity March
Proclamation to be presented at the Council Meeting

CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Due to COVID-19, residents are encouraged to attend the City Council meeting via web conference or submit comments by email. Consistent with public health guidelines for social distancing, limited seating is available in the Council Chamber. If an attendee does not have a facial covering, one will be provided. Comments may be made at the Council Chamber podium.

Please participate via web conference or email if you are ill or have been exposed to COVID-19.

Procedure
Complete a Speaker Card located in the lobby and give to the Clerk, or Email the City Clerk at [email protected] any time before the meeting but no later than the close of the specific agenda item or before the close of the public hearing. When a matter is announced, wait to be recognized by the Mayor or if by email the City Clerk will provide your comments to the Mayor.

Comment should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
 For Items on the Agenda
Public comments on items on the agenda are taken during Council’s consideration of each agenda item during the public comment portion. If you wish to comment on any item appearing on the agenda, please note the number of the agenda item about which you wish to comment. If you wish to speak on more than one item, please fill out a separate card for each item.  Items not listed on the Agenda
Public comments on items not listed on the agenda will be considered at this time. Members of the public submitting written requests at least 24 hours prior to the meeting will normally be allotted 5 minutes to comment. In addition to written comments, the public is welcome to submit a video presentation in electronic format to be played during public comment or during the hearing item. Due to COVID-19 staffing limitations, formatting, and video streaming related issues, presentations must be submitted to the City Clerk no later than 5:00 p.m. the day before the meeting to ensure the presentation is available for streaming at the time the Agenda item is called. Presentations submitted after 5:00 p.m. the day before the meeting may not be available to be streamed at the meeting.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will normally be allotted 5 minutes to speak.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of February 15, 2022
Recommendation: Approve the City Council minutes of February 15, 2022 Fiscal Impact:

Attachments:

1. 02-15-2022 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

REGULAR MEETING (draft)

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 15, 2022
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Regular Meeting (Council Chambers)
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:00 PM Roll Call

Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris

Absent: None
Invocation/Inspiration
Dan Callaghan, Sutter County Chaplain and First Baptist Church of Yuba City Pastor Pledge of Allegiance to the Flag
George Barlow led the Pledge of Allegiance
City Attorney's Report on Closed Session Items
No Closed Session
Agenda Modifications/Approval of Agenda
No modifications were made
Ceremonial Presentations

1. Teen Dating Violence Awareness and Prevention Proclamation Mayor Shaw presented a proclamation to Rosa Zuniga, Counselor/Advocate for Casa de Esperanza
Public Communication

2. Appearance of Interested Citizens
Bijan Parhizgar spoke
Courtney Ortega spoke
Consent Calendar
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:

3. Minutes of January 28, February 1 and 7, 2022
Approve the City Council minutes January 28, February 1 and 7, 2022

4. Sutter County and Yuba City Representation on Planning Commission A. Confirm the appointment of Stacy Brookman, Yuba City Planning Commissioner, to the Sutter County Planning Commission and forward said recommendation to the Sutter County Board of Supervisors B. Confirm the Sutter County Planning Commission appointment of Karri Campbell to represent Sutter County on the City of Yuba City Planning Commission

5. Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4 (Faith Court Subdivision)
Adopt a Resolution confirming and ordering annexation of the parcels associated with the Faith Court Subdivision, APNs 62- 420-001 through 62-420-010 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4 and establishing a levy of assessments for the annexed territory
The motion was passed with a unanimous vote
Business Items

6. Public Meeting to Renew the Yuba-Sutter Tourism Improvement District Allow members of the public to provide comments on the renewal of the Yuba-Sutter Tourism Improvement District (YSTID)
Mayor Shaw opened the Public Testimony
Jessie Bains spoke
Mayor Shaw closed the Public Testimony

7. Annexation – South block of the Lincoln East Specific Plan (LESP) Councilmember Espindola moved and Councilmember Harris seconded the motion to:

A. Adopt a Resolution requesting the Sutter Local Agency Formation Commission (LAFCo) to take proceedings for reorganization (annexation) of the Lincoln East Specific Plan South Block Area to the City of Yuba City. (Proposed area generally bounded by Lincoln Rd, George Washington Blvd, Sanborn Dr and Bogue Rd.) B. Authorize payment to LAFCo and the State for application processing The motion was passed with a unanimous vote

8. SB 1383 Compliance Ordinance Updates
Councilmember Harris moved and Councilmember Boomgaarden seconded the motion to:

A. Introduce an Ordinance of the City Council of the City of Yuba City adding Section 7-

10.03 of Chapter 10 of Title 7, adding Chapter 18 (Model Water Efficient Landscape Ordinance) of Title 7, amending Chapter 3 (Mandatory Refuse Collection Services) of Title 6, and amending Section 6-4.03 of Chapter 4 of Title 6 of the Yuba City Municipal Code to comply with Senate Bill 1383 by title only and waive the first reading B. Adopt a Resolution amending the User Fee Schedule to include Administrative Civil

Penalties to enforce compliance with Senate Bill 1383
The motion was passed with a unanimous vote
Future Agenda Items

9. Future Agenda Items
No suggestions were made
Reports and Communications

10. City Manager's Report

11. City Council Reports
Councilmember Boomgaarden
Councilmember Espindola
Councilmember Harris
Vice Mayor Kirchner
Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 7:32 PM ____________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: State Ballot Measure Restricting Voters' Input and Local Taxing Authority Recommendation: Adopt a Resolution opposing a State Ballot Measure that restricts voters' input and local taxing authority titled, "Taxpayer Protection and Government Accountability Act" (Initiative 21-0042A1)
Fiscal Impact: The measure has the potential to negatively impact local governments throughout California.

Purpose:

To oppose a measure that would restrict voters' input and local taxing authority.

Council's Strategic Goal:

This addresses Council's goal of Fiscal Responsibility.

Background:

On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act, Initiative 21-0042A1 (Initiative), with the intent of bringing it before voters as part of the November 2022 election. According to materials prepared by the League of California Cities (Cal Cities), "An association representing California's wealthiest corporations - including oil, insurance, banks and drug companies - is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws."
At the Cal Cities Board of Directors meeting in December 2021, the Board voted unanimously to oppose the Initiative as, "The measure would significantly jeopardize cities' ability to provide necessary services and critical infrastructure to residents. It would impose onerous and undemocratic restrictions on local governments and local voters that would reduce local revenues by billions every year, decimating vital services like fire and emergency response, infrastructure, libraries, parks, sanitation, economic development, and virtually all local services."

Analysis:

Cal Cities is requesting that all cities within California adopt a Resolution to oppose the Initiative.

Attached is the template Resolution prepared by Cal Cities for Council's consideration.

Fiscal Impact:

The measure has the potential to negatively impact local governments throughout California.

Alternatives:

Do not adopt a Resolution and do not take a formal stand on the Initiative.

Recommendation:

Adopt a Resolution opposing a State Ballot Measure that restricts voters' input and local taxing authority titled, "Taxpayer Protection and Government Accountability Act"(Initiative 21-0042A1) Attachments:

1. Attachment 1 - Reso - Oppose Initiative 21-0042A1

2. Attachment 2 - Initiative
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT, INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED, that the City Council of the City of Yuba City opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Yuba City will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

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 1st day of March, 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

ATTACHMENT 2

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Environmental Compliance Division Personnel
Recommendation: Adopt a Resolution authorizing the reclassification of existing employees and authorizing the Finance Director to amend the salary schedule to reflect the creation of the Environmental Compliance Division within the Public Works Department as outlined in the staff report
Fiscal Impact: $10,100 adjustment from the adopted FY 21/22 budget Existing budgeted funds will be utilized for FY 21/22 – Account No. 8130 (Environmental Compliance)

Purpose:

To provide the classification and compensation options necessary to monitor and address environmental compliance and regulatory requirements for the City’s utilities infrastructure and its users.

Council’s Strategic Goals:

This item addresses the City Council’s Strategic Goals of Public Safety and Fiscal Responsibility by ensuring that the City recruits and trains the highly qualified team essential for maintaining the health and welfare of the City’s residents and businesses through proactive compliance with local, state, and federal regulations and requirements.

Background:

The Public Works Department has identified the need to modify the organizational structure of the Utilities Divisions in order to address ongoing and increasing operational needs regarding local, state, and federal environmental regulations and programs for water, wastewater, and stormwater. The Department believes that a consolidated Environmental Compliance Division is key to ensure that these compliance requirements, reporting, and activities are accomplished in the most efficient and comprehensive manner.

Presently, these legal requirements are handled by various staff members throughout Public Works, rather than coordinated by a single division. Two current staff members are dedicated particularly to

utilities compliance-related activities, the Regulatory Compliance Administrator and the Pretreatment Coordinator, although they are not in the same division and do not directly report to one another. The pretreatment program also requires field inspections, which have in recent years been contracted inhouse to other Public Works staff from the Wastewater Collections division and part-time employees.

In order to consolidate these related operational needs, Public Works requested three (3) full-time personnel changes and the necessary budgetary adjustments as part of the Fiscal Year 21/22 budget adoption process. These approved requests created the framework for the Environmental Compliance Division, budgeted as Account No. 8130 (formerly Pretreatment). The personnel changes approved in the budget are:

Fiscal Year 21/22 Approved Personnel Changes
Action(s) New Position Old Position Bargaining Unit
Title Change &
Reallocate from 7120/8120
to 8130
Environmental
Compliance
Manager
Regulatory Compliance
Administrator
Mid-Managers
Reclassification Environmental
Compliance Coordinator
Pretreatment
Coordinator
First Level Managers
(formerly Local 1)
New Environmental
Compliance Inspector
None Local 1
Staff has communicated with the affected bargaining units regarding the proposed changes and the incumbent employees. Details about each position are outlined in the Analysis below.

Analysis:

Environmental Compliance Manager:

The Regulatory Compliance Administrator position was created in 2016 in order to manage and complete the numerous administrative and permitting requirements for the City’s water, wastewater, and stormwater treatment processes and infrastructure, but was vacated from 2017 until 2020 due to retirement. During the vacancy, necessary tasks were managed by existing staff and consultants, including the City’s former Utilities Director, while the Department focused on recruiting and reorganizing the administrative structure of the Utilities Divisions. Public Works elected to fill the position in 2020 and work toward establishing a more effective and comprehensive system for managing the environmental and regulatory requirements for the City’s utilities.

Staff recommends that the Regulatory Compliance Administrator title be changed to Environmental Compliance Manager to better fit the newly created division’s purpose and structure, and the job description and salary schedule will otherwise remain the same. The Environmental Compliance Manager will continue to report directly to the Deputy Public Works Director - Utilities and will directly supervise the Environmental Compliance Coordinator.

Environmental Compliance Coordinator:

The existing Pretreatment Coordinator position manages the City’s wastewater pretreatment program, which works to prevent the buildup of Fats, Oils, and Grease (FOG) in the wastewater system due to industrial and food-service users through pretreatment equipment, testing, and reporting in order to avoid NPDES permit violations and systemwide treatment issues. While the incumbent is currently supervised by the Laboratory Supervisor, Public Works believes that the staff position will be better utilized as a more broadly focused role to coordinate City and customer compliance with environmental regulations by working in conjunction with the Environmental Compliance Manager on both pretreatment and other programs.

Staff is requesting that the line staff Pretreatment Coordinator position and incumbent be reclassified as a first-level management Environmental Compliance Coordinator, with the intent that they will report directly to the Environmental Compliance Manager and directly supervise the Environmental Compliance Inspector. The proposed salary schedule is set 15% above the Environmental Compliance Inspector salary schedule (Attachment 1).

Environmental Compliance Inspector:

The pretreatment program currently requires field inspections of FOG-producing food-service facilities to ensure their compliance with the wastewater Municipal Code and permit requirements. In recent years, those duties have been performed by either temporary/part-time employees or full-time staff from other Public Works divisions, such as Wastewater Collections. Pretreatment inspection has been most successful when it is a consistent employee, as they are able to build a working relationship with local businesses and customers and have a stronger base of knowledge. Other environmental programs also require field work at times for testing and inspection, such as documenting potential stormwater violations, and these tasks could be better accomplished by a single employee focused on environmental compliance, rather than spread among available staff.

Public Works was approved for a new Environmental Compliance Inspector position during the Fiscal Year 21/22 budget adoption, which was budgeted at the same salary schedule as the Wastewater Collections Operator III, as they have similar minimum qualifications and job duties. The Wastewater Collections Operator series received a salary schedule adjustment with the approval of the Local 1 employee contract in July 2021, after the budget was approved, and staff is requesting that the budgeted salary for the Environmental Compliance Inspector be similarly increased to mirror the current Wastewater Collections Operator III schedule (Attachment 1).

Public Works will coordinate with the Human Resources Department to fill the position upon Council approval.

Fiscal Impact:

Due to the changes in the salary schedule described above, salary and benefits costs for the Environmental Compliance Division staff increased by $10,100 from the budgeted amounts approved in the Fiscal Year 21/22 budget. Cost savings from the open Environmental Compliance Inspector position will fund the increased salaries for the remainder of Fiscal Year 21/22. The cost breakout per position is delineated in the attached Cost Estimate (Attachment 3).

Costs have been budgeted and distributed through Account No. 8130 (Environmental Compliance), funded per the City’s Cost Allocation Plan to match the Environmental Compliance Division’s water, wastewater, and capital improvement project labor.

Alternatives:

1. Do not approve one or more of the proposed salary schedules and provide alternative direction to staff.

2. Direct staff not to fill the new Environmental Compliance Inspector position and continue using alternative personnel means to fulfill field duties.

Recommendation:

Adopt a Resolution authorizing the reclassification of existing employees and authorizing the Finance Director to amend the salary schedule to reflect the creation of the Environmental Compliance Division

within the Public Works Department as outlined in the staff report.

Attachments:

1. Resolution - Environmental Compliance Personnel

2. Utilities Organizational Chart - Environmental Compliance Personnel

3. Cost Estimate - Environmental Compliance Personnel
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst I
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE SALARY SCHEDULE TO

REFLECT ORGANIZATIONAL CHANGES WITHIN THE PUBLIC WORKS

DEPARTMENT TO CREATE AN ENVIRONMENTAL COMPLIANCE DIVISION WHEREAS, the Public Works Department has identified the need to modify the organizational structure of the Utilities Divisions in order to address ongoing and increasing operational needs regarding local, state, and federal environmental regulations and programs for water, wastewater, and stormwater; and
WHEREAS, the City Council approved three (3) personnel changes in the Fiscal Year 21/22 budget within the Public Works Department in order to create an Environmental Compliance Division.

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

SECTION I.

Reclassify the Regulatory Compliance Administrator to an Environmental Compliance Manager and eliminate the Regulatory Compliance Administrator due to the reclassification.

SECTION II.

Reclassify the Pretreatment Coordinator to an Environmental Compliance Coordinator and eliminate the Pretreatment Coordinator due to the reclassification.

SECTION III.

Approve modification of the City’s salary schedule to reflect the organizational changes and new or updated job classifications.

ENVIRONMENTAL COMPLIANCE MANAGER:

ADD:

JCN TITLE 1 2 3 4 5
$7,775 $8,164 $8,572 $9,001 $9,451
TBD
Environmental
Compliance
Manager $44.86 $47.10 $49.45 $51.93 $54.52
JCN TITLE 1 2 3 4 5 6 7 8 9
$7,775 $7,970 $8,164 $8,368 $8,572 $8,787 $9,001 $9,226 $9,451 TBD
Environmental
Compliance
Manager $44.86 $45.98 $47.10 $48.28 $49.45 $50.69 $51.93 $53.23 $54.52

ENVIRONMENTAL COMPLIANCE COORDINATOR:

ADD:

JCN TITLE 1 2 3 4 5
$6,240 $6,552 $6,880 $7,224 $7,585
TBD
Environmental
Compliance
Coordinator $36.00 $37.80 $39.69 $41.68 $43.76
JCN TITLE 1 2 3 4 5 6 7 8 9
$6,240 $6,396 $6,552 $6,716 $6,880 $7,052 $7,224 $7,405 $7,585 TBD
Environmental
Compliance
Coordinator $36.00 $36.90 $37.80 $38.75 $39.69 $40.68 $41.68 $42.72 $43.76 ENVIRONMENTAL COMPLIANCE INSPECTOR:

ADD:

JCN TITLE 1 2 3 4 5
$5,427 $5,698 $5,983 $6,282 $6,596
TBD
Environmental
Compliance
Inspector $31.31 $32.87 $34.52 $36.24 $38.05
JCN TITLE 1 2 3 4 5 6 7 8 9
$5,427 $5,563 $5,698 $5,841 $5,983 $6,133 $6,282 $6,439 $6,596 TBD
Environmental
Compliance
Inspector $31.31 $32.09 $32.87 $33.70 $34.52 $35.38 $36.24 $37.15 $38.05 SECTION IV.

The above modifications shall become effective with the payroll period beginning March 12, 2022.

The Finance Director is hereby authorized to amend the salary schedule to reflect the adjustments, establish the salary steps, and make the supplemental appropriations as outlined in the staff report and resolution.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 1st day of March, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 2

PUBLIC WORKS UTILITIES DIVISIONS

ORGANIZATIONAL CHART

CURRENT PROPOSED
Utilities
Superintendent
Lab
Supervisor
Lab Analyst II
Lab Analyst II
Lab Analyst I
Lab Assistant
Lab Assistant
Pretreatment
Coordinator
WTP
Supervisor
WTP
Maintenance
Supervisor
Senior
Mechanic
Mechanic
Chief Plant
Operator
Operator IV
Operator IV
Operator IV
Operator IV
Operator iII
Operator II
WWTF
Supervisor
WWTF
Maintenance
Supervisor
Chief Plant
Operator
Operator III
Operator III
Operator III
Operator III
Operator III
Operator III
Operator II
Operator II
Admin.

Analyst
Regulatory
Compliance
Administrator
Environmental
Compliance
Personnel
Public Works
Director
Senior
Mechanic
Mechanic
Mechanic
Mechanic
MW Ii
Utilities
Superintendent
Lab
Supervisor
Lab Analyst II
Lab Analyst II
Lab Analyst I
Lab Assistant
Lab Assistant
Environmental
Compliance
Coordinator
WTP
Supervisor
WTP
Maintenance
Supervisor
Senior
Mechanic
Mechanic
Chief Plant
Operator
Operator IV
Operator IV
Operator IV
Operator IV
Operator iII
Operator II
WWTF
Supervisor
WWTF
Maintenance
Supervisor
Chief Plant
Operator
Operator III
Operator III
Operator III
Operator III
Operator III
Operator III
Operator II
Operator II
Admin.

Analyst
Environmental
Compliance
Manager
Public Works
Director
Senior
Mechanic
Mechanic
Mechanic
Mechanic
MW Ii
Environmental
Compliance
Inspector

ATTACHMENT 3

Position Salary Benefits Total
Environmental Compliance Manager $ 117,100 $ 34,100 $ 151,200 FY 21/22 Budget $ 117,100 $ 34,100 $ 151,200
Net Change $ - $ - $ -
Environmental Compliance Coordinator $ 91,400 $ 30,300 $ 121,700 FY 21/22 Budget $ 82,992 $ 33,708 $ 116,700
Net Change $ 8,408 $ (3,408) $ 5,000
Environmental Compliance Inspector $ 79,500 $ 27,300 $ 106,800 FY 21/22 Budget $ 73,237 $ 28,463 $ 101,700
Net Change $ 6,263 $ (1,163) $ 5,100
Total Salary & Benefits $ 273,329 $ 96,271 $ 369,600
Adjustment from Adopted Budget 21/22 $ 14,671 $ (4,571) $ 10,100

WASTEWATER REORGANIZATION
ENVIRONMENTAL COMPLIANCE - 8130

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Wastewater Treatment Facility Return Activated Sludge/Waste Activated Sludge Pumps Purchase
Recommendation: Adopt a Resolution awarding the purchase of three (3) RAS pumps and two (2) WAS pumps to G3 Engineering, Inc. of Granite Bay, CA in the amount of $140,000, with the finding that it is in the best interest of the City Fiscal Impact: $140,000 – Account No. 981103-65501 (Recurring Plant Projects) Purpose:

Construct priority improvements for continuous and reliable operation of the Wastewater Treatment Facility.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goal of improving the City's wastewater Infrastructure by continuously updating equipment and processes and proactively addressing future needs.

Background:

The City of Yuba City Wastewater Treatment Facility (WWTF) was originally constructed in 1972, and so the aging equipment and treatment processes needed rehabilitation to extend their useful life or replacement with newer technology. It also became challenging for the City to meet current and future NPDES permit requirements. Subsequently, the Public Works Department developed the WWTF Improvements Project to address the priority upgrades, with a design produced by Woodard & Curran.

At the time of WWTF Improvements Project development, the Return Activated Sludge/Waste Activated Sludge (RAS/WAS) pump system, consisting of four (4) RAS and two (2) WAS pumps, was determined to be of lesser priority and was expected to continue to operate sufficiently for the near future, and was therefore not included in the project design.

Analysis:

Recently, one of the RAS pumps failed completely; replacement parts are no longer manufactured due

to the age of the pumps and the WWTF maintenance team is unable to bring the pump back into operation. With one RAS pump out of service, the WWTF has had to take some equipment offline and therefore reduced the effectiveness of this portion of the treatment process. The loss of an additional pump would severely jeopardize the treatment process. In order to safeguard against this concern as quickly as possible, the Public Works Department purchased one (1) RAS pump from G3 Engineering, Inc. in the amount of $44,945.46 in November 2021 with the City Manager’s authorization, as the specialty equipment has an approximate manufacturing and shipping lead time of 18-20 weeks.

Staff has determined that the most expedient and beneficial means by which to facilitate the RAS/WAS pump-system upgrade is to purchase the appropriate pumps directly and to contract with the WWTF Improvements Project design firm Woodard & Curran of Walnut Creek, CA for design and bid specifications.

Public Works is requesting purchase of an additional three (3) RAS pumps and two (2) WAS pumps from G3 Engineering, Inc. in order to remove and replace the entirety of the obsolete system at the same time and integrate the pump system replacement into the newly completed WWTF Improvements Project infrastructure. G3 Engineering, Inc. is the sole source for the KSB Sewalbloc-brand pumps needed for the system.

Woodard & Curran will be able to provide the necessary design and project management services, as they have a unique understanding of the facility and the recent improvements. Staff has prepared a Professional Services Agreement with Woodard & Curran to develop the design and bid specifications for the pump-system project utilizing Council’s authorization on the Fiscal Year 21/22 Citywide purchasing item in June 2021.

Once design is complete, Public Works staff will return to Council for approval of the plans and specifications and then issue a Public Contract Code formal bid for the installation of the new RAS/WAS pump system. Staff estimates recommending award to Council and beginning construction in Fall 2022.

Fiscal Impact:

The total estimated pre-construction costs of the RAS/WAS pump project are as follows:
1 RAS Pump Purchase (November 2021)G3 Engineering, Inc. $44,945.46 3 RAS/2 WAS Pump Purchase G3 Engineering, Inc. $140,000.00 Design Professional Services Agreement Woodard & Curran $121,757.00 Pre-Construction Total: $306,702.46
The quotation from G3 Engineering, Inc. attached to the Resolution as Exhibit 1A is for the total of four (4) RAS pumps and two (2) WAS pumps and does not include sales tax or freight. G3 Engineering has estimated the air freight as an additional $20,000, which will reduce the lead time from 22-24 weeks by an estimated four weeks. There are sufficient funds in Account No. 981103-65501 (Recurring Plant Projects) for these encumbrances.

While the Department and Woodard & Curran do not have an accurate Engineer's Estimate for the construction costs of the project at this time, staff will propose anticipated funding adjustments to Account No. 981103-65501 during the annual CIP budget process and will provide an estimate as part of the approval of plans and specifications item.

Environmental:

Staff has determined that this project falls within the Class 1 Categorical Exemption per CEQA Guidelines Section 15301, as the replacement of the existing RAS/WAS pumps with like equipment involves negligible expansion of the existing WWTF.

Alternatives:

Do not approve the award and direct staff to include the pump purchase as part of the bid specifications for the RAS/WAS Pump Upgrade construction contract. This will result in significant time delays due to the lengthy equipment production timeline and projected equipment cost increase, as well as markup from the contractor.

Recommendation:

Adopt a Resolution awarding the purchase of three (3) RAS pumps and two (2) WAS pumps to G3 Engineering, Inc. of Granite Bay, CA in the amount of $140,000, with the finding that it is in the best interest of the City.

Attachments:

1. Resolution - WWTF RAS-WAS Pumps Purchase

2. Exhibit A - WWTF RAS-WAS Pumps Purchase
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst I
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF THREE (3) RAS PUMPS AND TWO (2) WAS PUMPS TO G3 ENGINEERING, INC. OF GRANITE BAY, CA IN THE AMOUNT OF $140,000 WHEREAS, the City of Yuba City recognizes the need for ongoing maintenance and improvements to maintain continuous and reliable operation of the Wastewater Treatment Facility (WWTF) for the health and wellbeing of our customers and the environment; and WHEREAS, the City Public Works Department developed the WWTF Improvements Project (Project) to address priority upgrades to the aging facility in accordance with this need and to ensure continued compliance with the City’s NPDES permit; and WHEREAS, the WWTF’s existing four (4) RAS and two (2) WAS pump system, though not originally identified as a priority improvement in the Project design, have begun to fail and their imminent replacement has now become a necessity; and WHEREAS, the City has determined that the most expedient and beneficial means by which to facilitate the RAS/WAS pump-system upgrade is to purchase the appropriate pumps directly and to contract with Project design firm Woodard & Curran of Walnut Creek, CA for design and bid specifications; and
WHEREAS, the City has purchased one (1) RAS/WAS pump from G3 Engineering, Inc. and desires to purchase the remaining three (3) RAS pumps and two (2) WAS pumps from G3 Engineering, Inc. of Granite Bay, CA in accordance with the City’s Purchasing Policies and Procedures, as the pumps are proprietary equipment uniquely suited for the WWTF’s treatment process infrastructure solely available from said vendor; and WHEREAS, G3 Engineering, Inc., is the sole supplier in the region of KSB Sewabloc pumps; and
WHEREAS, the City has met the requirements to sole source the equipment pursuant to Public Contract Code section 3400(c) and City Purchasing Policies section 8-8.4.2; and WHEREAS, the negotiated prices for G3 Engineering, Inc.’s equipment are reasonable and on par with previous projects of a similar size undertaken by other public agencies; and WHEREAS, the City Council now desires to authorize the sole source purchase of RAS and WAS KSB Sewabloc pumps from G3 Engineering, Inc.; and NOW, THEREFORE, be it resolved by the City Council 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 finds and determines that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 as this contract is to allow for the repair and operation of an existing public wastewater treatment facility, which will involve negligible or no expansion of the existing facility. Further, none of the

exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

2. The City Council finds that a sole source award is appropriate on grounds including that G3 Engineering, Inc., is the sole authorized distributor of the desired type of pumps in the region, that only these pump types would be financially and practically feasible to given the current operating system, facilities, and performance needs, and that the proposed negotiated prices for G3 Engineering, Inc.’s equipment are reasonable and on par with previous projects of a similar size undertaken by other public agencies. Given this, the City Council finds that it is in the best interest of the City to make a sole source award to G3 Engineering, Inc. for three (3) RAS pumps and two (2) WAS pumps. As such, the City Council of the City of Yuba City awards the purchase of three (3) RAS pumps and two (2) WAS pumps to G3 Engineering, Inc., of Granite Bay, CA in the amount of $140,000.

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 1st day of March, 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
Exhibit:

A. Quotation for RAS/WAS Pumps from G3 Engineering, Inc. and G3 Engineering Sole Source Letter 1/5/2022

EXHIBIT A

G3 Engineering, Inc.

PO Box 2148, Granite Bay, CA 95746
Phone 408 483 1899 FAX 916 797 1881
e-mail: [email protected]

QUOTATION
To: Shelly Masuda Date: 9/24/2021

Company: Woodard Curran/Yuba City WWTP

Phone: 925 627 3226
Email: [email protected]
From: Mike Burns
Company: G3 Engineering, Inc.

SUBJECT: G3 Engineering Proposal #6326 – Yuba City RAS and WAS Pumps Qty Description Unit Price Total Price
4 ea RAS PUMPS
KSB Sewabloc (K200-316G VF)
Complete KSB Vertical Solids Handling Pump with similar curve to existing Chicago Pumps (2400 GPM at 30’)
- Standard pump construction (G Materials) with tandem
mechanical seals.
- Includes pump, 8” x 8” suction elbow with mounting
foot.
- Standard coatings
- New 30 HP Premium Efficiency TEFC WEG motor.
- Includes Non-Witnessed Performance Test (HI level 1U). (Will require modifications to pedestals and piping)
Lead time 22-24 weeks
$24,450/ea $97,800
4 ea Adder for Internal Grounding Ring on Motor $985/ea $3940 4 ea Adder to Provide US Motor in lieu of WEG Motor $2350/ea $9400

2 ea WAS PUMPS
KSB Sewabloc (E80-253G VF)
Complete KSB Vertical Solids Handling Pump sized for
(494GPM at 47’)
- Standard pump construction (G Materials) with tandem
mechanical seals.
- Includes pump, 4” x 4” suction elbow with mounting
foot.
- Standard coatings
- New 15 HP Premium Efficiency TEFC WEG motor.
- Includes Non-Witnessed Performance Test (HI level 1U). (Will require modifications to pedestals and piping)
Lead time 22-24 weeks
$14,580/ea $29,160
2 ea Adder for Internal Grounding Ring on Motor $950/ea $1900 2 ea Adder to Provide US Motor in lieu of WEG Motor $1250/ea $2500 TOTAL PRICE (Plus tax and freight) $144,700

Prices are FOB Factory (Richmond, VA)
Freight is Pre-pay and add
Taxes are not included
Pricing is valid for 30 days
Proposal Subject to G3 Engineering’s Standard Terms and Conditions

Data sheet
Customer item no.:

Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.: 100
Quantity: 1 Date: 07/10/2020
Page: 1 / 5
Sewabloc K 200-316G VF Version no.: 2
Operating data
Design
Close-coupled pump without motor
Standard-EN-flange drilled acc. to ASME FF
Driver, accessories
Scope of mounting parts: suction elbow with foot.

Requested flow rate 2400.00 US GPM
Requested developed head 30.00 ft
Pumped medium Water
Clean water
Not containing chemical and
mechanical substances which
affect the materials
Max. ambient air temperature 68.0 °F
Min. ambient air temperature 68.0 °F
Fluid temperature 68.0 °F
Actual flow rate 2400.00 US GPM
Actual developed head 30.00 ft
Efficiency 79.1 %
Power absorbed 23.06 HP
Pump speed of rotation 1180 rpm
NPSH required 14.63 ft
Permissible operating
pressure

91.374 psi.g
Discharge press. 13.015 psi.g
Fluid density 62.303144 lb/ft³ Fluid viscosity 0.0015 in²/s Suction pressure max. 0.000 psi.g
Mass flow rate 333.58 lbm/s
Max. power on curve 23.24 HP
Min. allowable flow rate 1216.47 US GPM
Min. allow. mass flow 168.85 lbm/s
Shutoff head 57.06 ft
Max. allow. mass flow 501.93 lbm/s
Design Single system 1 x 100 %
Performance test Yes
Pump standard KSB-Aggregate North
American execution
Design Close-coupled
Orientation Vertical
Suction nominal dia. DN 200
Suction nominal pressure CL 125
Suction position axial
Suction flange drilled
according to standard
ASME B 16.1
Discharge nominal dia. DN 200
Discharge norminal pressure CL 125
Discharge position top (0°/360°)
Discharge flange drilled
according to standard
ASME B 16.1
Shaft seal 2 mech. seals in tandem
arrangement with oil reservoir
Manufacturer KSB
Type MG
Material code SIC/SIC/NBR
Impeller type Multivane radial flow impeller
(K)
Wear ring Casing wear ring
Impeller diameter 11.93 in
Free passage size 3.94 in
Direction of rotation from drive Clockwise
Bearing bracket size B03
Bearing type Anti-friction bearings
Lubrication type Grease
Color Ultramarine blue (RAL 5002)
KSB-blue
Baseplate type Without
Baseplate size - Motorside drill No
Driver type Electric motor
Drive standard mech. NEMA
Drive standard elec. NEMA
Drive supplied by without motor
Motor const. type IM3011
Motor size 326T
Frequency 60 Hz
Rated power P2 29.50 HP
Available reserve 26.95 %
Number of poles 6
Suction accessory Suction elbow with foot

Data sheet
Customer item no.:

Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.: 100
Quantity: 1 Date: 07/10/2020
Page: 2 / 5
Sewabloc K 200-316G VF Version no.: 2
Materials G
General criteria for a water analysis: pH-value >= 7; chloride content (Cl) <=250 mg/kg. Chlorine (Cl2) <=0.6 mg/kg.

Packaging
Outdoor storage at -40°C to +50°C, up to 12 months. Packet must be covered.

Certifications
Notes
Pump casing (101) Cast iron A 48 Class 35 B
Discharge cover (163) Cast iron A 48 Class 35 B
Shaft (210) Chrome steel A 276 Type 420
Impeller (230) Cast iron A 48 Class 35 B
O-Ring (412) Nitrile rubber NBR
Casing wear ring (502.1) Cast iron A 48 Class 35 B
Screwed plug (903) Steel ST
Hexagon socket head cap
screw (914)
Chrome steel
Packaging category B2 With desiccants in PEplastic sheeting, heat-sealed water-proof, in
wooden/plywood case,
outdoor storage up to 12
months
Packaging for transport Ship
IPPC Standard ISPM 15 Yes
Packaging for storage Outdoor
Hydraulic performance test
Acceptance standard ISO 9906 & ANSI HI Class 1U
Quantity meas. points Q-H 5
Certificate Inspection cert. 3.1 to EN
10204
Test participation Non-witnessed
Quantity, non-witnessed 1
Quantity, witnessed 0

Performance curve
Customer item no.:

Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:100
Quantity: 1 Date: 07/10/2020
Page: 3 / 5
Sewabloc K 200-316G VF Version no.: 2
0 500 [US GPM]1000 1500 2000 2500 3000 3500 4000
0 20
40 60
[ft] ø265.0/230.0/20°/A05 Qmin
ø305.0/A01 Qmin
ø303.0/A01 Qmin Qmax Total developed head
0 500 [US GPM]1000 1500 2000 2500 3000 3500 4000
10 20
30 [ft] NPSH req. 0 500 [US GPM]1000 1500 2000 2500 3000 3500 4000 0 50 E
[%]
f iciency
0 500 [US GPM]1000 1500 2000 2500 3000 3500 4000
16 24
20 [HP] Power Input Flow
Curve data
Speed of rotation 1180 rpm
Fluid density 62.303144 lb/ft³ Viscosity 0.0015 in²/s
Flow rate 2400.00 US GPM
Requested flow rate 2400.00 US GPM
Total developed head 30.00 ft
Requested developed head 30.00 ft
Efficiency 79.1 %
Power absorbed 23.06 HP
NPSH req. 3% 14.63 ft
Curve number K42684/1
Effective impeller diameter 11.93 in
Acceptance standard ISO 9906 & ANSI HI Class
1U

Installation plan
Customer item no.:

Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:100
Quantity: 1 Date: 07/10/2020
Page: 4 / 5
Sewabloc K 200-316G VF Version no.: 2

22.05 17.6 ø
ø

1.18 57.73
1) Suction elbow available as accessory

21.65 1)

0.87 14.65

6.97 0.87

0.71 10.24

4.92 17.6 12.4

9.45 17.13

4.65 25.98
Drawing is not to scale Dimensions in in
Motor
required but not scope of supply
Baseplate
Connections
Standard-EN-flange drilled acc. to ASME FF
Weight net
Connect pipes without stress or strain! For auxiliary connections see Motor size 326T
Motor power 29.50 HP
Number of poles 6
Speed of rotation 1180 rpm
Design Without
Size - Leakage drain baseplate
(8B)
Rp1, Without
Foundation bolts (required but not scope of
supply)
Suction nominal size DN1 DN 200 / ASME B 16.1
Discharge nominal size DN2 DN 200 / ASME B 16.1
Nominal pressure suct. CL 125
Rated pressure disch. CL 125
Pump 483 lbm
Suction side accessory 154 lbm
Total 637 lbm

Installation plan
Customer item no.:

Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:100
Quantity: 1 Date: 07/10/2020
Page: 5 / 5
Sewabloc K 200-316G VF Version no.: 2
Dimensional tolerances for shaft axis height: DIN 747
Dimensions without tolerances, middle tolerances to: ISO 2768-m Connection dimensions for pumps: EN735
Dimensions without tolerances - welded parts: ISO 13920-B Dimensions without tolerances - gray cast iron parts: ISO 8062-CT9 separate drawing.

Data sheet
Customer item no.:WAS
Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.: 300
Quantity: 1 Date: 07/10/2020
Page: 1 / 5
Sewabloc E 80-253G VF Version no.: 2
Operating data
Design
Close-coupled pump without motor
Standard-EN-flange drilled acc. to ASME FF
Driver, accessories
Scope of mounting parts: suction elbow with foot.

Requested flow rate 440.00 US GPM
Requested developed head 54.00 ft
Pumped medium Wastewater, municipal
mechanically treated
Pumped medium details Not containing chemical and
mechanical substances which
affect the materials
Max. ambient air temperature 68.0 °F
Min. ambient air temperature 68.0 °F
Fluid temperature 68.0 °F
Actual flow rate 463.39 US GPM
Actual developed head 59.89 ft
Efficiency 70.7 %
Power absorbed 9.93 HP
Pump speed of rotation 1776 rpm
NPSH required 15.32 ft
Permissible operating pressure 91.374 psi.g
Discharge press. 25.966 psi.g
Fluid density 62.428000 lb/ft³ Fluid viscosity 0.0015 in²/s Suction pressure max. 0.000 psi.g
Mass flow rate 64.45 lbm/s
Max. power on curve 13.92 HP
Max. allow. mass flow 133.67 lbm/s
Shutoff head 95.20 ft
Min. allowable flow rate 114.54 US GPM
Min. allow. mass flow 15.93 lbm/s
Design Single system 1 x 100 %
Performance test Yes
Pump standard KSB-Aggregate North
American execution
Design Close-coupled
Orientation Vertical
Suction nominal dia. DN 100
Suction nominal pressure CL 125
Suction position axial
Suction flange drilled
according to standard
ASME B 16.1
Discharge nominal dia. DN 80
Discharge norminal pressure CL 125
Discharge position top (0°/360°)
Discharge flange drilled
according to standard
ASME B 16.1
Shaft seal 2 mech. seals in tandem
arrangement with oil reservoir
Shaft seal manufacturer KSB
Type MG
Material code SIC/SIC/NBR
Impeller type Single vane, radial flow (Emax)
Wear ring Casing wear ring
Impeller diameter 8.86 in
Free passage size 2.99 in
Direction of rotation from drive Clockwise
Bearing bracket size B02
Bearing type Anti-friction bearings
Lubrication type Grease
Color Ultramarine blue (RAL 5002)
KSB-blue
Baseplate type Without
Baseplate size - Motorside drill No
Driver type Electric motor
Drive standard mech. NEMA
Drive standard elec. NEMA
Drive supplied by without motor
Motor const. type IM3011
Motor size 254T
Frequency 60 Hz
Rated power P2 14.75 HP
Available reserve 48.49 %
Number of poles 4
Suction accessory Suction elbow with foot

Data sheet
Customer item no.:WAS
Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.: 300
Quantity: 1 Date: 07/10/2020
Page: 2 / 5
Sewabloc E 80-253G VF Version no.: 2
Materials G
Packaging
Outdoor storage at -40°C to +50°C for up to 3 months. Packet must be covered. No corrosion protection, only transport protection.

Certifications
Pump casing (101) Cast iron A 48 Class 35 B
Discharge cover (163) Cast iron A 48 Class 35 B
Shaft (210) Chrome steel A 276 Type 420
Impeller (230) Cast iron A 48 Class 35 B
O-Ring (412) Nitrile rubber NBR
Casing wear ring (502.1) Cast iron A 48 Class 35 B
Screwed plug (903) Steel ST
Hexagon socket head cap
screw (914)
Chrome steel
Packaging category B1 Wooden or plywood case,
cover provided with
polyproylene cellular sheet,
outdoor storage up to 3
months
Packaging for transport Truck
IPPC Standard ISPM 15 Yes
Packaging for storage Indoor
Hydraulic performance test
Acceptance standard ANSI HI 2B
Quantity meas. points Q-H 5
Certificate Inspection cert. 3.1 to EN
10204
Test participation Non-witnessed
Quantity, non-witnessed 1
Quantity, witnessed 0
NPSH test Yes
Quantity meas. points NPSH 1
Hydrostatic test (room temp.)
Range Complete pump with shaft
seal
Test pressure 53.652 psi.g
Test time 10.0 min
Certificate Inspection cert. 3.1 to EN
10204
Test participation Non-witnessed

Performance curve
Customer item no.:WAS
Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:300
Quantity: 1 Date: 07/10/2020
Page: 3 / 5
Sewabloc E 80-253G VF Version no.: 2
0 200 [US GPM] 400 600 800 1000
50 100
150
[ft] ø210.0 Qmin
ø270.0 Qmin
ø225.0 Qmin Total developed head
0 200 [US GPM] 400 600 800 1000
20 40
[ft] NPSH
0 200 [US GPM] 400 600 800 1000
0 50
[%] Efficiency
0 200 [US GPM] 400 600 800 1000
2 16
10 [HP] Power Input
Flow
Curve data
Speed of rotation 1776 rpm
Fluid density 62.428000 lb/ft³ Viscosity 0.0015 in²/s
Flow rate 463.39 US GPM
Requested flow rate 440.00 US GPM
Total developed head 59.89 ft
Requested developed head 54.00 ft
Efficiency 70.7 %
Power absorbed 9.93 HP
NPSH req. 3% 15.32 ft
Curve number K43430/1
Effective impeller diameter 8.86 in
Acceptance standard ANSI HI 2B

Installation plan
Customer item no.:WAS
Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:300
Quantity: 1 Date: 07/10/2020
Page: 4 / 5
Sewabloc E 80-253G VF Version no.: 2

0.79 44.98
1) Suction elbow available as accessory
1)

12.99 0.71

13.19 4.88

0.79 0.71

9.84 8.86

6.3 6.89

7.09 9.84
DN1
DN2

7.87 7.09 ø

4.92 Drawing is not to scale Dimensions in in
Motor
required but not scope of supply
Baseplate
Connections
Standard-EN-flange drilled acc. to ASME FF
Weight net
Motor size 254T
Motor power 14.75 HP
Number of poles 4
Speed of rotation 1778 rpm
Design Without
Size - Leakage drain baseplate
(8B)
Rp1, Without
Foundation bolts (required but not scope of
supply)
Suction nominal size DN1 DN 100 / ASME B 16.1
Discharge nominal size DN2 DN 80 / ASME B 16.1
Nominal pressure suct. CL 125
Rated pressure disch. CL 125
Pump 236 lbm
Suction side accessory 88 lbm
Total 324 lbm

Installation plan
Customer item no.:WAS
Communication dated: 30/01/2018 Number: ES 5643047
Doc. no.: Yuba City Item no.:300
Quantity: 1 Date: 07/10/2020
Page: 5 / 5
Sewabloc E 80-253G VF Version no.: 2
Connect pipes without stress or strain!
Dimensional tolerances for shaft axis height: DIN 747
Dimensions without tolerances, middle tolerances to: ISO 2768-m Connection dimensions for pumps: EN735
Dimensions without tolerances - welded parts: ISO 13920-B Dimensions without tolerances - gray cast iron parts: ISO 8062-CT9 For auxiliary connections see
separate drawing.

G3 Engineering, Inc.

WATER AND WASTEWATER EQUIPMENT
5905 Granite Lake Dr., Suite 120, PO Box 2148, Granite Bay, CA 95746 Phone: 916-797-1880 FAX: 916-797-1881
www.g3engineering.com e-mail: [email protected]
I. PUMPS and TANKS

TRILLIUM - FLOWAY PUMPS GRUNDFOS WASTEWATER
Vertical Turbine Pumps YEOMANS, CHICAGO, MORRIS, GRUNDFOS BRANDS Submersible Turbine Pumps Submersible and Dry Pit Non-Clog Pumps, Grinders Recessed Impeller Grit Pumps

CASCADE PUMP COMPANY
Mixed and Axial Flow Lineshaft Pumps GRUNDFOS WATER AND PACO BRANDS CR Pumps, BoosterpaQ's and Custom Packaged Pumping Systems PENN VALLEY PUMPS PACO End Suction, Inline and Splitcase Pumps Dual Disc Pumps

PRECISION SYSTEMS
BLUE WHITE INDUSTRIES Packaged Pumping Stations with backup power and SCADA Peristaltic Metering Pumps and Flowmeters

KSB PUMPS
ASSMANN CORPORATION OF AMERICA Submersible and Dry Pit Non-Clog Pumps Polyethylene Chemical Storage Tanks Submersible Mixers and Propeller Pumps

UGSI CHEMICALFEED
Wallace & Tiernan Encore 700 Metering Pumps
II. PROCESS EQUIPMENT

FKC SCREWPRESS UGSI/PAX WATER TECHNOLOGIES
Screw Press Dewatering and Rotary Drum Screen Thickening Water Storage Tank Mixing, THM Removal, Residual Control ENVIRODYNE SYSTEMS, INC. AQSEPTENCE GROUP
Clarifiers, Thickeners, Oxidation Ditches, Grit Removal Johnson Screens Intake Screens, Triton Underdrains Rotary Distributors, Digester Covers

UGSI CHEMICALFEED

FONTAINE AQUANOX
Stainless Steel Water Control Gates and Stop Logs
Polyblend and Dynablend Polymer Feed Systems - Liquid and Dry Rotameters, Dry Feed Equipment EVOQUA WATER TECHNOLOGIES, LLC Water Champ - Chemical Induction Mixing System
SPENCER TURBINE OSEC - On Site Chlorine Generators
High Speed Turbo and Multi-Stage Centrifugal Blowers Chlorine Dioxide Systems Digester Gas Booster Package Systems Gas Feed Systems
Analyzers, Controllers and Instrumentation
JOHN MEUNIER, INC.

Headworks Screens, Grit Removal, Grit De-Watering UNITED BLOWERS Hydrovex Flap Gates and Weirs Positive Displacement Blowers

SMARTCOVER INTEGRITY MUNICIPAL SYSTEMS
Sewer Level Monitoring and Alarm Systems Fluoride Saturator Systems and Chemical Feed Skids H2S Monitoring Systems

RPS ENGINEERING
UET MIXERS Basin Covers and Domes
Custom Mixer Designs, Inline and Shafted

MEUNIER TECHOLOGIES

STATIFLO
Static Pipe and Open Channel Mixers
DICE Dosing Modules

KSB, Inc., 4415 Sarellen Road, Henrico, VA 23231 • Tel. (804) 222-1818 • Fax (804) 226-6961 • www.ksbusa.com Ref: Sole Source Letter
Ref: To whom it may concern,
Jan 5th, 2022
To whom it may concern,
With this letter we would like to inform that G3 Engineering Inc. is our only exclusive representative for Northern California and Northern Nevada for Municipal Wastewater projects.

All inquiries, requests and quotations should be directed to G3 Engineering as no other organization is contractually authorized to sell or distribute KSB equipment in this area.

This is valid for entire 2022.

Ramin Ghasemi
Ramin Ghasemi
Western Regional Manager
KSB, Inc.

Cell: 949 557 7458
Cc: Rep File

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Authorize the City Manager to enter into an agreement with Sacramento Area Council of Governments (SACOG) to administer a Code Audit project with services performed by Cascadia Partners, LLC
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement and execute a Memorandum of Understanding between SACOG and City of Yuba City for the Regional Early Action Planning (REAP) Grant Program Fiscal Impact: Staff time to coordinate with SACOG in project administration. The project would be reimbursed through the REAP Grant funds.

Purpose:

To authorize the City Manager to enter into an agreement and execute a Memorandum of Understanding (MOU) between Sacramento Area Council of Governments (SACOG) and the City of Yuba City for the Regional Early Action Planning (REAP) Grant Program to support housing development in the City.

Council’s Strategic Goal:

This proposal aligns with the City Council’s infrastructure and quality of life goals.

Background:

The Regional Early Action Planning (REAP) grant program is a series of one-time state funding to support efforts that accelerate housing production in regions across California. The Sacramento Area Council of Governments (SACOG) is responsible for distributing the funding throughout the SACOG Region.

SACOG has a preselected bench of consultants for REAP projects to help member jurisdictions plan for and accelerate housing in the six-county Sacramento region that they support.

Analysis:

The City of Yuba City is the recipient of $100,000 of SACOG REAP funds that will be used for a Municipal Code audit project to further accelerate housing development in the City. In coordination with

SACOG, City staff met with three different prequalified consultants from SACOG’s bench. After meeting with each consultant, City staff selected Cascadia Partners to provide professional services for the project with SACOG serving as the contract administrator.

Cascadia Partners will perform a Code Audit process of the Yuba City Zoning Code that includes a thorough evaluation of seven zone districts, with a focus on testing “middle housing” types in each zone. The analysis will identify development standard barriers for each zone and visually show how the standards impact construction feasibility and affordability. After identifying barriers, Cascadia Partners will test a variety of changes to the development standards, prepare a quantitative and graphical assessment of how the changes compare to the existing standards, and then give recommendations for changes to the zoning code to remove barriers to housing development. Additionally, Cascadia Partners will support City staff in efforts to implement the recommended zoning code changes.

Full Scope of Services as shown in Exhibit “B” of the Memorandum of Understanding (MOU).

Fiscal Impact:

Staff time to coordinate with SACOG in project administration. The project would be reimbursed through the REAP Grant funds.

Alternatives:

1. Deny adoption of the Resolution.

2. Provide staff with direction on modifications.

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement and execute a Memorandum of Understanding between SACOG and the City of Yuba City for the Regional Early Action Planning (REAP) Grant Program.

Attachments:

1. City Council Resolution

2. Exhibit A: Memorandum of Understanding between SACOG and City of Yuba City Prepared By: Submitted By:

Ashley Potočnik
Assistant Planner
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND EXECUTE A

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN SACRAMENTO AREA COUNCIL

OF GOVERNMENTS (SACOG) AND THE CITY OF YUBA CITY FOR THE REGIONAL EARLY ACTION PLANNING (REAP) GRANT PROGRAM.

WHEREAS, the California Department of Housing and Community Development (“HCD”) awards funding to regional agencies through the Regional Early Action Planning (“REAP”) program; and
WHEREAS, the Sacramento Area Council of Governments (“SACOG”), as a council of governments and Metropolitan Planning Organization, provides and/or facilitates member services on behalf of the six counties and 22 cities in the greater Sacramento region; and WHEREAS, the City of Yuba City is a member of SACOG and is the recipient of One Hundred Thousand Dollars ($100,000) of SACOG REAP funds that will be used to pay for the “Code Audit Project” as more particularly described in Exhibit A attached hereto; and WHEREAS, the City of Yuba City has selected Cascadia Partners from SACOG’s bench of preselected consultants to provide the professional services for the project with SACOG serving as the project administrator.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City authorizes the City Manager to enter into an agreement with SACOG to administer the Code Audit project with services performed by Cascadia Partners, LLC.

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 March 1, 2022, 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
Exhibit A: Memorandum of Understanding between SACOG and the City of Yuba City

EXHIBIT A

Contract# 220088
Funding Source: REGIONAL EARLY ACTION PLANNING (REAP) FUNDS Project Billing code: SAC217-PASS THROUGH-REAP ROUND 1 - T004

MEMORANDUM OF UNDERSTANDING

BETWEEN

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
And the

CITY OF YUBA CITY

FOR THE REGIONAL EARLY ACTION PLANNNG GRANT PROGRAM
This Memorandum of Understanding (“MOU” or “Agreement”) is made effective ____________, 2022 (the “Effective Date”), by and between the Sacramento Area Council of Governments (“SACOG”) and the City of Yuba City (“Local Agency”).

RECITALS:

WHEREAS, SACOG, as a council of governments and Metropolitan Planning Organization, provides and/or facilitates member services on behalf of the six counties and 22 cities in the greater Sacramento region; and
WHEREAS, SACOG is the recipient of funds from the California Department of Housing and Community Development (“HCD”) for purposes of administration of the Regional Early Action Planning Grant Program (“REAP”); and
WHEREAS, Local Agency is a member of SACOG and is the recipient of One Hundred Thousand Dollars ($100,000.00) of SACOG REAP funds (the “Funds”) that will be used to pay for the “Code Audit Project” as more particularly described in Exhibit “A” attached hereto and incorporated herein (the “Project”); and
WHEREAS, Local Agency has selected Cascadia Partners (“Contractor(s)”) to provide professional services for the Project; and
WHEREAS, on June 15, 2021 SACOG entered into a Master Professional Services Agreement with Contractor and will serve as the contract administrator for the Project (the “Master Agreement”); and
WHEREAS, Local Agency desires that SACOG administer the Project and Funds on its behalf.

NOW, THEREFORE, SACOG and Local Agency agree as follows:

1. Recitals: the recitals above are hereby incorporated in this Agreement.

2. Selection of Contractor: Local Agency has met with Contractor and determined Contractor’s background, skill and experience are consistent with the needs of the Project.

3. Task Orders with Contractor: Local Agency will enter into a Task Order, in substantially the form attached hereto as Exhibit “B”, with Contractor as provided for in the Master Agreement. The Task Order will identify the following: 1) the scope of services containing

a detailed description of the services to be performed; 2) the fee containing the rates of compensation, fees, expenses and a not-to-exceed amount; and 3) the schedule of performance enumerating a timeline for completion of tasks including a deadline for deliverables. The Task Order with Contractor shall be delivered to SACOG for review and approval by SACOG’s Project Manager identified in Section 20 herein. The Task Order shall be subject to the Master Agreement Fee Schedule.

4. Monitoring of Contractor: SACOG will monitor Contractor’s performance of each Task Order.

5. Use of Funds: SACOG shall pay Contractor’s invoices directly in accordance with the terms of the Master Agreement. Local Agency shall provide written approval of all Contractor invoices prior to payment by SACOG

6. Compliance with Laws: Local Agency will comply with all applicable Federal, State, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation, all Federal regulatory requirements associated with the funding provided to Local Agency hereunder. Further, Local Agency will require the appropriate debarment certification form from all Local Agency contractors and Local Agency certifies that it will not knowingly enter into any transaction with a contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.

7. Funding Amount: The amount awarded Local Agency under this Agreement will not exceed One Hundred Thousand Dollars ($100,000.00) unless agreed to in advance by the parties pursuant to a written amendment signed by SACOG’s Executive Director or Deputy Executive Director. In no instance will SACOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.

8. Term: The term of this Agreement shall be from the Effective Date until July 31, 2023, unless agreed to in advance by written amendment signed by SACOG’s Executive Director or Deputy Executive Director.

9. Independent Contractor: The Local Agency, and the agents and employees of the Local Agency, in the performance of this Agreement, will act as and be independent contractors and not officers or employees or agents of SACOG. Local Agency, its officers, employees, agents, and subcontractors, if any, will have no power to bind or commit SACOG to any decision or course of action, and will not represent to any person or business that they have such power. Local Agency has and will retain the right to exercise full control of the supervision of the work and over the employment, direction, compensation and discharge of all persons assisting Local Agency in the performance of work funded by this Agreement. Local Agency will be solely responsible for all matters relating to the payment of its employees and contractors including, but not limited to, compliance with all laws, statutes, and regulations governing such matters.

10. Audit, Retention and Inspection of Records:
a. SACOG or its designee, including but not limited to any State or Federal agency, will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials (collectively “Records”) pertaining to performance of this Agreement, including any Records in the possession of any contractors or subcontractors. Such Records shall include all records of employment, employment advertisements, employment application forms, and other pertinent employment data, as well as any records pertaining to compliance with Public Contract Code Sections 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500, et seq. (when applicable) and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7.
b. Local Agency agrees to provide SACOG or its designee, the State, the California State Auditor or any duly authorized representative of the State or Federal government, with any relevant information requested and will permit SACOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations. Local Agency further agrees to maintain such Records for a period of three (3) years after final payment under the Agreement or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the three (3) years after final payment under this Agreement, all records must be retained by Local Agency, its contractors and subcontractors until completion of the action and resolution of all issues which arise form it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter.

SACOG and HCD shall have the right to audit Local Agency records and interview employees.
c. If so directed by SACOG upon expiration of this Agreement, the Local Agency will cause all Records relevant to the Scope of Work to be delivered to SACOG as depository.
d. In addition to any other remedies available to SACOG in law or equity for breach of this Agreement, SACOG, may at its discretion, exercise a variety of remedies, including, but not limited to, requiring repayment of the Funds disbursed and expended under this Agreement.

11. Termination:
a. Either party may terminate this Agreement for any reason, with or without cause, at any time, by giving the other party fifteen (15) days written notice. The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to the other party at the address indicated in Section 20 below.
b. If either party issues a notice of termination, SACOG will reimburse Local Agency for work actually performed up to the effective date of the notice of termination, subject to the limitations in Section 10 and less any compensation to SACOG for damages suffered as a result of Local Agency’s failure to comply with the terms of this Agreement.
c. Local Agency will have the right to terminate this Agreement in the event SACOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds. In such event, Local Agency will provide SACOG with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to SACOG at the address indicated in Section 23. SACOG will make payment to Local Agency through the date of termination, subject to the provisions of Section 10 above.

12. Indemnity: Local Agency specifically agrees to indemnify, defend, and hold harmless SACOG, its directors, officers, members, agents, and employees (collectively the “Indemnitees”) from and against any and all actions, claims, demands, losses, costs, expenses, including reasonable attorneys’ fees and costs, damages, and liabilities (collectively “Losses”) arising out of or in any way connected with the performance of this Agreement. Local Agency shall pay all costs and expenses that may be incurred by SACOG in enforcing this indemnity, including reasonable attorneys’ fees. The provisions of this Section shall survive the expiration, termination, or assignment of this Agreement.

13. Assignment: The parties understand that SACOG entered into this Agreement based on the Project proposed by Local Agency. Therefore, without the prior express written consent of SACOG, this Agreement is not assignable by the Local Agency either in whole or in part.

14. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

15. Time: Time is of the essence in this Agreement and will follow the timeline set forth in the scope of work (Exhibit “A”), unless modified pursuant to Section 19.

16. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto.

17. Amendments to Task Orders with Contractor: If the Contractor seeks additional fees for work that are beyond the scope of work of the Task Order and the not to exceed amount of the Master Agreement between the Contractor and SACOG, or additional fees are required to complete the Task Order, SACOG and Local Agency must agree in writing on the amended scope of work and fee amount prior to Local Agency entering into the amendment of the Task Order and the start of the additional work. The written amendment between SACOG and Local Agency must identify the amended Task Order, any additional fees for the Contractor and the party responsible for payment of such fees and costs. SACOG shall not be obligated to pay any amount in excess of the Funds.

18. Contractors and Subcontractors: Local Agency will be fully responsible for all work performed by its contractors and subcontractors.
a. SACOG reserves the right to review and approve, which approval shall not be unreasonably withheld, any contract or agreement to be funded in whole or in part using funds provided under this Agreement.
b. Any contract or subcontract to be funded in whole or in part using funds provided under this Agreement will require the contractor and its subcontractors, if any, to:
(1) Comply with applicable State and Federal law requirements that pertain to, among other things, labor standards, Non-Discrimination, the Americans with Disabilities Act, Equal Employment Opportunity, the Drug-Free Workplace Act.
(2) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. (3) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Local Agency or any subcontractor in performing work associated with this Agreement or any part of it.
(4) Retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a period of three (3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later.
(5) Permit SACOG and/or its representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.

19. Work Product and Data:
a. Definitions
i. “Work” – The work to be directly or indirectly produced by Local Agency, its employees, or by and of the Local Agency’s contractor’s, subcontractor’s and/or employees under this Agreement.
ii. “Work Product” – All deliverables created or produced form Work under this Agreement included, but not limited to all, Work and deliverables conceived or made, either solely or jointly with others during the term of this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Local Agency and/or Local Agency’s contractor or subcontractor may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. iii. “Inventions” – Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Local Agency or jointly with Local Agency’s contractor and/or subcontractor or Local Agency’s contractor’s and/or subcontractor’s employees of SACOG or HCD during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.
b. Ownership of Work Product and Rights
i. All Work Products derived by the Work performed by Local Agency, its employees or by and of the Local Agency’s contractor’s and/or subcontractor’s employees under this Agreement, shall be jointly owned by HCD, SACOG and Local Agency (“Joint Owners”), and shall be considered to be works made for hire by Local Agency and Local Agency’s contractor and/or subcontractor for HCD for the benefit of the Joint Owners.

The Joint Owners shall jointly own all copyrights in the Work Product. ii. Local Agency, its employees and all of Local Agency’s contractor’s, and/or subcontractors employees agree to perpetually assign, and upon creation of each Work Product automatically assign, to the Joint Owners, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hired by the Local Agency’s contractor and/or subcontractor from HCD. From time to time upon Joint Owner’s request, Local Agency’s contractor and/or subcontractor and/or their employees shall confirm such assignments by execution and delivery of such

assignment, confirmations or assignment or other written instruments as HCD may requests. Local Agency hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work.
iii. Local Agency, its employees and all Local Agency’s contractors and/or subcontractors hereby agree to assign to HCD joint ownership of all Inventions. Local Agency, its employees and Local Agency’s contractor and/or subcontractor shall promptly make a complete written disclosure to HCD of each Invention not otherwise clearly disclosed to HCD in the pertinent Work Product, specifically noting features or concepts that the Local Agency , its employees and/or Local Agency’s contractor and/or subcontractor believes to be new or different.
iv. Upon completion of all work under this Agreement all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement shall automatically vest in the Joint Owners and no further agreement will be necessary to transfer ownership to the Joint Owners.

20. Project Managers: SACOG’s Project Manager for this Agreement is Greg Chew, unless SACOG otherwise informs Local Agency. With the exception of notice of termination sent by certified mail pursuant to Section 14 above, any notice, report, or other communication required by this Agreement will be mailed by first-class mail to the SACOG Project Manager at the following address:

Greg Chew
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
Telephone: 916-340-6227
Email: [email protected]
Local Agency’s Project Manager for this Agreement is Ashley Potocnik. No substitution of Local Agency’s Project Manager is permitted without prior written agreement by SACOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent by certified mail pursuant to Section 14 above, any notice, report, or other communication to Local Agency required by this Agreement will be mailed by firstclass mail to:

Ashley Potocnik
City of Yuba City
1201 Civic Center Blvd, Yuba City, CA 95993
530-822-5195
[email protected]

21. Successors: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

22. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of SACOG to enforce at any time the provisions of this Agreement or to require at any time performance by the Local Agency of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of SACOG to enforce these provisions.

23. Litigation: Local Agency will notify SACOG immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or SACOG, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of SACOG.

24. Non-Liability of SACOG: SACOG shall not be liable to Local Agency or any third party for any claim for loss of profits or consequential damages. Further, SACOG shall not be liable to Local Agency or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement.

25. Amendments Required by HCD or State Agencies: If HCD, or any other State agency having jurisdiction, requires a change to the terms of this Agreement, the parties will amend this Agreement as necessary, or will terminate it immediately.

26. Counterparts and Electronic Signatures: This MOU may be signed in one or more counterparts, each of which will constitute an original and all of which taken together shall constitute one and the same instrument. Documents executed, scanned, and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this MOU and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures.

27. Authority: The persons signing on behalf of the parties to this MOU each warrant they have the legal authority to execute this MOU.

28. Entire Agreement: This MOU embodies the entire agreement of the parties in relation to the matters contained herein, and no other understanding, whether verbal, written, or otherwise, exists among the parties.

29. Americans with Disabilities Act (ADA) of 1990; Accessibility: By signing this Agreement, Local Agency assures SACOG that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA including, but not limited to, those found within the Code of Federal Regulations, Title 49, parts 27, 37, and 38. Local Agency also agrees that it will award no construction contract unless its plans and specifications for such facilities

conform to the provisions of California Government Code Sections 4450 and 4454, if applicable.

30. Compliance with Non-discrimination and Equal Employment Opportunity Laws: It is SACOG’s policy to comply with State and Federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other Federal discrimination laws and regulations, (including 49 CFR Part 21 through Appendix C, 23 CFR part 200, 23 CFR part 230, 49 U.S.C. 5332, 42 U.S.C. 12101, et seq., and the Title VI Assurance executed by California under 23 U.S.C. 324 and 29 U.S.C. 794), as well as the Unruh Civil Rights Act of 1959, the California Fair Employment and Housing Act (Government Code Section 12990, et seq.), and other California State discrimination laws and regulations. SACOG does not discriminate against any employee or applicant for employment because of race, religion (including religious dress and grooming practices) color, national origin, (includes use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law), ancestry, disability, (including physical and mental, including HIV and AIDS) medical condition, (including genetic characteristics, cancer or a record or history of cancer), military or veteran status, marital status, sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions), age (40 and above), gender identity, gender expression, or sexual orientation pursuant to Sections 12940 et seq. of the Government Code. SACOG prohibits discrimination by its employees, Local Agencies, contractors and consultants.

Local Agency hereby certifies, under penalty of perjury under the laws of California, that it complies with, and that Local Agency will require that its contractors and subcontractors comply with, the following non-discrimination and equal opportunity laws. Any failure by Local Agency to comply with these provisions shall constitute a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as SACOG may deem appropriate.
a. Local Agency and its contractors and subcontractors shall comply with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d, et seq., with U.S. D.O.T. regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act”, 49 C.F.R. Part 21, and with any applicable implementing Federal directives that may be issued. Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person shall, on the basis of race, color, ancestry, national origin, religion, religious creed, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. b. Local Agency and its contractors and subcontractors shall comply with all applicable equal employment opportunity (EEO) provisions of 42 U.S.C. § 2000e, implementing Federal regulations, and any applicable implementing Federal directives that may be issued. Local Agency and its contractors and subcontractors

shall ensure that applicants and employees are treated fairly without regard to their race, color, creed, sex, disability, age, or national origin. c. Local Agency and its contractors and subcontractors will act in accordance with Title VI and will not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religion, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. Local Agency and its contractors and subcontractors will further ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment, including the improper denial of family and medical care leave and pregnancy disability leave. Local Agency and its contractors and subcontractors will comply with all applicable Federal and State employment laws and regulations including, without limitation, the provisions of the California Fair Employment and Housing Act (Government Code § 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, § 7285.0, et seq.), as well as Title 2, California Code of Regulations, Section 8103. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §§ 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Local Agency and its contractors and subcontractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
d. Local Agency and its subcontractors shall also comply with the Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age, Section 324 of Title 23 U.S.C., prohibiting discrimination based on gender, and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities. e. Local Agency, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, Local Agency shall not discriminate on the basis of race, color, ancestry, national origin, religion, religious creed, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.
f. Local Agency and its contractors will include the provisions of this Section 33 in all contracts to perform work funded under this Agreement. Local Agency shall take such action with respect to any such contract as SACOG or HCD may direct as a means of enforcing such provisions, including sanctions for noncompliance. g. Sanctions for Noncompliance: In the event of the Local Agency's noncompliance with the nondiscrimination provisions of this Agreement, SACOG shall impose such contract sanctions as it or HCD may determine to be appropriate, including, but not limited to:

i. Withholding of payments to the Local Agency under this Agreement until the Local Agency complies, and/or
ii. Cancellation, termination or suspension of the Agreement, in whole or in part.

31. Drug-Free Certification: By signing this Agreement, Local Agency hereby certifies under penalty of perjury under the laws of the State of California that Local Agency will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code § 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The person’s or the organization’s policy of maintaining a drug-free workplace;
(3) Any available counseling, rehabilitation, and employee assistance programs; and
(4) Penalties that may be imposed upon employees for drug abuse violations. c. Every employee of Local Agency who works under this Agreement will:
(1) Receive a copy of Local Agency’s Drug-Free Workplace Policy Statement; and
(2) Agree to abide by the terms of Local Agency’s Statement as a condition of employment on this Agreement.

32. Union Organizing: By signing this Agreement, Local Agency hereby acknowledges the applicability of Government Code § 16645 through § 16649 to this Agreement, excluding § 16645.2 and § 16645.7.
a. Local Agency will not assist, promote, or deter union organizing by employees performing work on this Agreement if such assistance, promotion, or deterrence contains a threat of reprisal or force, or a promise of benefit. b. Local Agency will not meet with employees or supervisors on SACOG or State property if the purpose of the meeting is to assist, promote, or deter union organizing, unless the property is equally available to the general public for meetings.

33. Prohibition of Expending State or Federal Funds for Lobbying:

a. Local Agency certifies, to the best of his or her knowledge or belief, that:
(1) No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Local Agency, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the Local Agency will complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
b. This certification is a material representation of fact upon which reliance was placed when this Agreement was entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
c. Local Agency also agrees by signing this Agreement that he or she will require that the language of this certification be included in all lower tier contracts and subcontracts.

34. Prevailing Wage and Labor Requirements.
a. Should Local Agency award any construction contracts utilizing Federal funds under this Agreement, Local Agency agrees to comply with all pertinent statutes, rules and regulations promulgated by the Federal government including, but not limited to, (i) prevailing wage requirements of the Davis Bacon Act (40 U.S.C. §276a, et seq.) and related regulations (29 CFR Part 5); (ii) anti-kick back and payroll records requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. §276c and 18 U.S.C. §874) and related regulations (29 CFR Part 3); and (iii) workweek computation and overtime requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) and related regulations (29 CFR Part 5).

b. Should Local Agency award any “public work” contract, as defined by California Labor Code Section 1720, utilizing State funds under this Agreement, Local Agency agrees to comply with all pertinent California statutes, rules, and regulations including, but not limited to, prevailing wage provisions of Labor Code Section 1771.
c. Any contract or subcontract entered into as a result of this Agreement will contain all of the provisions of this section.
[Signatures on Next Page]

IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS MEMORANDUM OF UNDERSTANDING AS OF THE DATE FIRST ABOVE WRITTEN:

SACRAMENTO AREA COUNCIL

OF GOVERNMENTS
By:______________________________
James Corless, Executive Director
APPROVED AS TO FORM:
__________________________________
Sloan Sakai Yeung & Wong LLP
Legal Counsel to SACOG

CITY OF YUBA CITY
By:______________________________
Diana Langley, City Manager
Diana Langley

EXHIBIT “A”

EXHIBIT “B”

TASK ORDER
NO. 1 TO THE

AGREEMENT

BEWEEN CITY OF YUBA CITY AND CASCADIA PARTNERS
This Task Order No. 1 is entered into on this day of
, 2022 (“Effective Date”) by and between the CITY OF YUBA CITY (“Agency”) and Cascadia Partners, an Oregon Limited Liability Corporation (“Contractor”)
WHEREAS, the Sacramento Area Council of Governments (“SACOG”) and Contractor entered into a Master Professional Services Agreement on June 15, 2021 (the “Agreement”); and
WHEREAS, Agency is a member of SACOG and desires that Contractor, pursuant to the Agreement, perform certain professional services; and WHEREAS, the Contractor now agrees to perform the following scope of services for this Task Order No. pursuant to the terms and conditions of the Agreement.

NOW, THEREFORE, the parties agree to the following:

1. Scope of Services
Task # Detailed Description of Tasks / Milestones
Task
Timeline
(in months
and year)
Deliverable(s) including
delivery date
Total
Budget
REAP
Funding
Other Funds
(include
source)
1 Regular reporting to SACOG
CP will provide the City with monthly written
progress reports and hourly invoices (via email)
to explain project progress, including any
defined deliverables as PDF attachments.

Months 1-8

1. Progress report and
invoicing (quarterly)

2. Copy of Annual Progress
Report submitted to HCD
(annually in April)

3. Summary of potential
housing units impacted
by project (final
deliverable upon project
completion)
$4,560
$4560
2 Kick-Off Meeting
CP will organize a kick-off meeting to finalize
the scope, budget, and schedule for the project.

Importantly, the team will need to settle on the
zone districts to be analyzed and collaborate on
Month 1

1. Final Scope, Budget,
Timeline | Month 1

2. Refined list of zone
districts to audit | Month
$1,880

how to obtain the necessary data quickly. 1

3. Assignment of data
gathering responsibilities
| Month 1
3 Data Gathering
CP will meet with staff to understand the
current policy priorities for different areas and
zones to define the housing types to test in our
zoning analysis. CP will gather all necessary
inputs for the analysis of code, including the
existing zoning code standards and current
costs of construction and land, and achievable
rents and sales prices for a range of product
types.

We will utilize a combination of commercial
datasets, such as MLS and COSTAR, as well as
conduct up to four (4) developer/builder/broker
interviews to confirm current assumptions.

Months 1-2

1. Summary matrix of zone
district standards |
Month 1

2. Summary of market data
used for pro forma
analysis (local costs,
rents, sales prices) |
Month 2
$8,640 $8,640
4 Existing Zoning Code Barriers Assessment
CP will conduct a pro forma-based analysis of
the existing code for up to seven (7) zone
districts, with a focus on testing "middle
housing" types in each zone. The scope of the
audit will include all of the City's residential and
commercial zones (R-1, R-2, R-3, C-O, C-1, C-2,
C-3).

The analysis will identify key development
standard barriers for each zone, and visually
show how these standards impact construction
feasibility and (potentially) affordability. The
analysis will consider all relevant development
standards, including minimum lot size,
maximum density, minimum setbacks,
maximum lot coverage, stormwater
management requirements, and minimum
landscaping or open space requirements.

Month 3
Summary of analysis and key
barriers identified in existing
zoning standards
(Presentation) | Month 3
$21,280 $21,280
5 Policy Alternative Testing
CP will test a variety of changes to the
development standards that were identified as
barriers, based on identified policy goals,
consultant experience in similar markets, and
national best practice.

CP will prepare a quantitative and graphical
assessment of how these changes compare to
the existing code, in terms of financial
performance, affordability, and building form.

Months 4-5

1. Summary of refined
alternative testing
(presentation) | February
2021

2. Worksession with client
to discuss results of
alternatives testing |
Month 6
$19,520 $19,520
6 Draft Recommendations
CP will prepare a set of recommended changes,
summarizing the key barrier(s) identified and
the impact of the proposed change. The
recommended code changes may include
changes to allowed uses or housing types in
each zone, modifications to development or
- Month 7

1. Draft Zoning Code
Change
Recommendations
(Presentation) | Month 7

2. Worksession with client
to review
recommendations and
$19,190
$19,190

design standards, or changes to review
procedures.

CP will anticipate potential negative impacts or
community concerns related to removing the
barriers and recommend regulatory strategies
to mitigate for those impacts, including new
design or development standards. CP will
conduct a worksession with the Client to discuss
the draft recommendations and solicit input
and refinement.
receive feedback | Month
7 7
Final Recommendations
CP will prepare a Final Report (a laid out PDF)
that summarizes this project and makes clear,
actionable recommendations to the City. The
report will summarize the analysis, barriers,
testing, recommendations, and their impacts.

The report will be highly visual and accessible
for a wide audience, including the public and
elected leaders.

Months 7-8
Final Zoning Code Change
Recommendations (Report) |
Month 8
$10,980 $10,980
8 Implementation Support
CP will support the City in efforts to implement
the recommended code changes. This work
could include preparing materials to support
implementation, such as presentation slide
decks, fact sheets or other communication
materials. It may also include preparing an
action plan that details implementation steps,
timelines, and identifies potential funding
sources for implementation. Lastly, this work
could include CP participating in meetings with
stakeholders, committees, the Planning
Commission, City Council or recording a
webinar that can be presented to various
groups.

GRAND TOTAL
Month 10 Implementation Materials -
Month 10
$13,920
$100,00
$13,920
$100,000

2. Fee
All work shall be performed by Contractor at the rates established in Exhibit A-1 to the Agreement, the Master Agreement Fee Schedule. The total amount to be paid to the Contractor shall not exceed $100,000 (ONE HUNDRED THOUSAND DOLLARS) unless expressly authorized in writing by Agency and SACOG’s Executive Director or Deputy Executive Director.

3. This Task Order No.1 is subject to the terms and conditions of the Agreement.

IN WITNESS WHEREOF, Agency and Contractor have
entered into this TaskOrder No.1 as of the Effective Date.

CITY OF YUBA CITY
Ashley Potocnik
Associate Planner
CASCADIA PARTNERS, LLC.

ALEX JOYCE
Managing Partner
APPROVED BY:

GREGORY CHEW
Senior Planner
Assistant Planner

 









 

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County of Sacrnmento

PAYEE DATA RECORD
111-,tired in lieu of IRS W-9 when doine business \\1th the Co•mtv of Sacramento) ... ~ : '""""'' ,...ete onns , .... ,,,. ~ •·"""''e· """'tetumtotne ~ . Prcrnpt n.a.m of this I\Aly completed oorm 'Ml prewrt delays ....tien prooes~ payments. noTl'lr.1tion pro,.ided n lhis form v.« be used IYy itw:, ~rtmoord r-1 J:'i~ l'tlofll""fl:ll'P m"lffl'l.-.tnrl R...,,,mc; (F'nnn 10® ). ~ """ r:.•inmi.,i n~rlu'lr wirhtnr!ino;ww'! Uni reporting ctiligations lJlder Che Ca[iomia h:lepenclent Con&:rac1or Reporting LaN. Payment w11 be sl.tlject to a corrtined federal and state inccme tax b.lck\4> wtNdcfng of 35%. Wthouta v.6f FEINr'SSN. See next page for more inforrnz6:>ri and Privacy Stx8Tlelll Check the boxes that apply to Sacramento County's payments to you Goods Se ces D t..1edica.J Se!"\Aoes D Legal SeMces D Rents/Lease 0 0!her NAME (.3S shcMn on )OUr inccme tax retum)
.,_ ,.,... ..... ..," """'-~ ,, ·-~·--·--- I .)!J'ee( or , . ..,. C,O)( , _,.,""""' I (Ci!y, Slate and Zip Code)
r~,""~ ' ,_ ..... ·•~-- - J"IUI.Jnc~~ l'...,"~ .lnCl.;;111 "-""l.or ,-.v. l:SOX nu,,......,, O ty, ~'!t ..,,,.,"Jl~I ..... ·""-'"'"""' .... ,,--·~- ICJl,._l"IUUl'eSS)
Chedt appropria:e federal tax d .lSsification
□ 1.NOIVIDUAL OR SOl.E PROPRIETOR tSSNI □ PARTNERSHIP lfBNI □ ESTAT? OR TRUST lfBNI SSNi. _ _,,.. flll ll'OIMd"'lt,,,W,, P9epn,,,l-&y-.il!IO!tyol0t.. ,.._.,. tlldT.ullonCOl•Stdon t&!£Stlld0t..1~0onr-R•II0«.,_8c!lon ~ 8 ! CORPORATION (FEINI: (MO.RK ONLY CfE TYPE~
□ C CORPORA llOH (fEIN) □ SCORPORAllOH (fEIH)
LIMITED LIABILITY COMPANIES fLL9;
□ lllllreD UABIUTY COMPANY. ENreR THE TAX a.ASSIRCAllOH cc=corpor6oo s--s corpora6on P=Pat:iwanip) --- □ GOVERHKEHT ENTITIES. feotral, st.al•. anod local pnCIU(ling scnoot Oi&lricb) D EXEMPT (nonproi f) payM cooe if any 6cerpti::)n fromFATCA repor1irg (::«~ -ncnretl)IIOt) c,aer'fr:AS , ,, ... n 11 "" apprcp,ate uw.. rr you ..-ean 1,IUIYl\AI .. or,._.,, propr,,e«ir you O'l.lStenter)OJr ;;,...,~.

Si,gle member LL Cs (cisregYded entties l1lJSt en:a- the TINoflhe cw.ner identified on Che N:rne line.

SOCIAL SECURITY NUMBER EMPLOYER IDENTIFICATION NUMBER

I I I I LU I I I I I LU -I I I I I I I I
Dcarifornia R• i<1ent • Q.s:6aod'A•i1'15ec,egyoE~t>et~s W\C-3ibri.lan\'lf'Clins a,:em;n;,rc'8:.eOf!MmeSsrlc.ftrria. (S.. .,._..idffil~~ Olln.o! i-e,,) 0 Califomi~ Nonreeioent • SI.Cliect10saen:.crne ox 'A'imlh C•• Notw-'-'lWlf,t,o~119• _, ....,, D California Nonrn ioent EXetnption • To qUlll!y tor exerY1)UOn. cneck one or tne f OIOn ng:

D N:> serv~es provtieo n Clll'omu.

D A carpleted Fr.n:hise Tax Board Form 590. • (rrust be attached) DA waiver of Slate withhotdilA fromFranchse Tax 8oYd. • (rrusl be attached) CAUFOANIA SALES TAX PERMIT NUMBER 11 O"t<1ur~ onl)' to,, CtlfOl'ftU r.on~1oen: ven~ 1n111 cn:i"llt CtlfOl'ftU ~Ille~ t u ) I I I I I I I I I I I I Und« pen,lty of PE')")'. I c,rtily lh.1t
' The ni.rrt>er shcw'I on lhis form is my COITed t~ iclertrfication rurtief, and • I .-n no! S\tljec1 10 b.Jd:1.f>Yiith:>ldng because: a) I .-n exempt irom b.ldl.\4> 'MN!olcmg, or (b) I ha'.-e not been notified by lhe h em.I Rewnue Service (IRS) that I an Sl.tlject to b.Jda4) Wtttiolcmg .3S a result of a falure to report al i"ltaest of dividends. or (c) Che I RS h3s nocified me th3t I am no longer S\tlject 10 baetl.f) withholding. and • I .-n a l.hited States~ [inducing a Ulited States resxlenl alien). and ' The FAT CA codes(s) entered on this form [d ani) indicating that 1.-n exempt irom FATCA reporting is COlfect. • lf factschlnge ~ M ich lhis form ,n based, 'MIi prcrr¢y notify the Ccuv:y of Sacr.Ynerto.

AlfTHORIZEO PAYEE REPRESENT A TIVcS NAME & Tm..E(T)Pe or Pmt) I E-WJL ~ss SIGNATIJRE Of U.S. PERSON I DATE I TELEPI-ICN: NJMBER
"' 700 H Sb .. t, R.oom3650 • S,o-.m,ento, CA 95814 • Pboae (916)874-7411 • Fax(916) 874-6182 • em.lit W9@sa.«ounty.aet

 

County of Sacramento
Cou,tyolPayee Data Record
(REV Al>< 2017)
PURPOSE a: FORM
A person ....tio is reqLiied to file ¥l intonnltion ~ 't'ith lhe lRS nus.1 ctun your correct taxpayer idenl:ificatoo nlJ'Tt>er (TIN) to report, fa e.xa,t'Jlle. income paid to you. P3)1'1'IMt'S made to you for real estate ~ n.

ARE YOU A RESIDENT OR A NONRESICENT?
Each corpor.w:ion. inci'oidwl/sdie proprietor, partnershi>, estate or trust doing bus.TleSs v.ith the County of Sacramento rrust inCOO.W:e me. resxiency Sbtl.ls along wiih their tal<payer identific.xion l"IJntler.

A nonresident payee can use Franchise Tax 8oan:I Form 587 to a'!ocJte C:tlifiomia SOU'Ce payments .n:l deiemine if v.ithhofding is ~ . This form rrust: be ~ and is va'id tior the chntion of the contract provided there is no mzteri.i chalge in the facts. Sy sigling Form 587. lhe payee agrees to prompdy notify the Wttmldng agent of ¥,ydalges in i.-.::ts.

If appropiate. atbc:h a C0ftl)leied Fr.n::hse Tax Boord Form 587 to lhis form.

A corporation wJ be considered a ~resident. if it has a pemune,nt ~ d busness in Caaomia. The corporation has a permanent ~ d busness in Caltomia if it is organffl and existng under the laws of tt'is state or. if a foreigl corporation has QUllified to transx:( i'l.trastxe busnESS. A corporation thll: has noc ~ totr.msac1 i'l.trastxe busnESS ( e.g .. a corporation engaged exclusively in i'l.ters.txe cc:mnerce) MIi be considered as haiing a perm;nm place of business in this state only i itmal'ltansa perrn.Ylel1to'fice in lbs st.W:e tha is perrn.;nmtly st.med by its E'f'l'PO'J't'E'S.

For iodivi<llaVsole proprietorship. the tam ·resident" irdJdesew.ry nchidllll mo is in Cal:iomia for ocner-than a terrp:ra,y or tra\Story pi.rpose ¥) ¥'fi imidllll dorriciled in C.lfumia v.tio is absent for a te/11)0r'ary0t transitory p.arpose. ~ -an incliviclol ....tio comes to California for a i:upose v.tiich MIi mend c,,,er a long or inclemte period v.« be consxlered a resi:lent. H:iwe\ler, an incivi:lu.4 v.tio ccmes to pedom'I a ~cola-COM'ac1 of sh0l't chntion MIi be consiclet'ed a nonresident.

For v.ithholding pu-poses, a partnership is considered a resident p;:trtneMf> if it has a pent\,1nent ~ d busness in C.J[iomia. AA estate is considered a Callomia estate. if the deoeclent: was a caifomia resident at the tined de.xhand a trust isconsxiefeda caifomia trust if at leas1 one 1rustee is a c.lfomia resident.

More i1fiormltion on resxlency sutus can be oaaned by calng lhe Fr.n::tlise Tax Board at the ~ listed below.:

From wthin the l.hites Sl:.xes. cal .............. _ 1-800-852<i711 From outside the United States. c.4 ............. 1-916-84&6500 For ~ring ~ Yith TOO. ca!L. ..... _ .... 1-800-822-6268

EXEMPTIONS
Ii you ,n exempt frcm baetl.f> withholding anclfor FAT CA repo,tflg, enta- i1 the Exerrption box. any code{s) that may apply to you. See ExErrcl<P>)ffe<deond-Oom FATCA<epo<tingcocleon
page :3 of IRS Form W-9 (Rev. 8-2013) for the codes.

ARE YOU SUBJECT TO NONRESIDENT WITHHOLDING?
Pa~ made to nonresident payees. i'd.lding~ ions..
iidivicllllls.. l),3'tnerships, estates. and trusts. are S\tlject 10 't'itth:>klilg. Nonresdent payees perfonnilg senrioes n Catfumia or recei'oing rent. lease or rc,yzl:y~ from property (real or personal) locaed in C.:tlifomil 'ml h3ve 7% of their total P3)1'1'IMtS 'litttlekl fcir state income taxes. ~ . no Yitth:ildng is requi'ed if tot.JI paymetts to the payee are S 1 :00 or less for the C.Jlenda' yeJt.

A nonresidiert payee ITlr.J)' ft9Je5t th.1t income taxes be v.ithheld at a Sower rate or waived by senc:lng a con"llleted form FRB 5S8 to the ,,addne-,, below. Aw=ii._.wl genemllybe ~ wier'I,:, ~h.ua his1ory of nrng California ffll.rnS anc1 making tinety estmzted pa)1Tleflts. If the payee .Jd5vity is carried on outside of Califcimia or partially outsi:le of C.:tifania, a waiwr or reduced v.ithhofding r.w:e may be ganted. For more information. cont.lCt:

State of California
Franc:hse Tax Boord
Nom-siclent Wl!hholding Section
Attention: State AQency Wrthholdi,g Coon:lrutor
?.O. Box651 S.:tcra-nerto.CA95812.0,51
Telephone: (916) 845-4000
FAX: (916) 845-4831
WEBSITE: www.ftb.ca.gov
If a reduced rate of withhoking or waiY« has been authorized b')' the Franchise Tax board, attach a copy to this fonn.
ePAYABLE CONTRACT INFORMATION
The Got,nt)' offers eled:l'Onic payn,e,t'tS ttYou!I\ e?ayal:iies. The benefits to your C0fTIP,Y))' inc:lde: savi,g time .ni money-reduces labor. hassle. e:q:ienses and risk .'.t>soci.w:ed Wth checlis: emancng cash flow.e)pedites the rece'pt d Pa')fflel"ltS by eliminating tnal and paper chedi 00.Jt; reqLires no ~ to iwoice proc:echns: .Ile! electronic~ are m:,re secure .Ile! conserves the envirorwnent by el:i'rlnlting prttilg and maing paper-checks. When you enroll i, this pa}'tTlet'd option. we need a onx:t name. phone oont>er and ert'l31 adaess. It is best to prOYkle a 9'014> erroil .Jdctess.. il case thei'e is a ~ in )OUr st.TI. This p.:t}'tTlet'd process allo.'IS electroni:
rembarce advx:e to be sent to yois 1JOI.P email adaess cleuling iwoices Iha! are ~ed for P3')"nel"ll along v.ith dolar amount Ii you are interested in p~g il i:hsprogam. ~ em.Ji to ff3Vil'ie51'!53GC?101Yret ~ include: COt11)YfY name. contact person. email .:tdd'essand phone nll'l'tler.

PRSVACY STATEMENT
Section 7(b) of the Privacy Act d 1974 (F\t>lic L:Av 93-5791) requies Iha! any~ staie, or loc.i goYemmem.-1 arJNrO/ vllic:h reques1S an indviclol to disdose tis social se.:uity .lCCOl.l"ll nl.fTlbE< shall irrfonn that indiviclu.ll ....tielher Iha! cisdosu'e ism:inctw:ory or voluntYy. by v.tiich stnltOf)' or Olhef' .IJhority such nl.l'Tber is sdcited. .ni vmt uses Wll be nude of it.

The CoU'lty of ~ requi'es thal all l),3'ties ertering into bus.Tless lransa::tions lhat: nu, lead to pJ)1Tletlt(s) frcrn the COU'lt)' must pr(Mde lhff did T .:upayer lclentiflc&ion Nisrtier (Tl N) as reqJired by the State Rewnue and T ax.Jtion Code. Se<:tion 18646 to faciit:w:e tax compfunce e, dolcement acti'-16es .n:l tobc:ilit.lte the preparation of Form 1099and other nfcnn100 returns as ~red by the Internal Revenue Code. Section 6109(a). The TIN for an incivi:lu.4 and a sole propie1orshf) is the Social Security Ni.aTtler (SSNi The Intern.JI Rewnue Senrice (IRS) cons..-s a TIN as incorrect if e-"lhe< the n.wne or lhe nl.fTlbE< stn-.n on ¥) accou,t does noc fTlo3tc:h a name and rurtier cont>inxion in !heir fies or the files of the Soci.t Secuity Actrinisi:ration (SSA). Sec:l:ion ~ d lhe h em.I Reven.Je Code reqi.i'es Iha! we 't'itt'h:lld m . in tax. called bactl.f> withholding. 5 the corred Payee Olf'MfTINcorrbnation is noc proyided.

It is manda101y to .\mish lhe infonmtion requi'ed. Federal law req.Jires th.1t ~ for ....tiich lhe l't'Cp.lested inforrmtion is net pro.rided be Sl.tlject to a 28% v.ithholcl'ng and state bw inl)OSeS l"IOt'ICOnlllance penalties of 1.f> to S20.00l 700 H Sb .. ~R.oom36;0 • S,o...,.,,io, CA 95S14 • Pboae (916)874-7411 • Fax (916) 874-6182 • email W'9@s>«o\Dlly.ae!

 


County of Sacramento

AUTOMATED CLEARING HOUSE (ACH) PAYMENTS
Toe Collllty of Sacramento is now offering ACH (A11tomated Clearing House) payments for all our s11ppliers, service providers, and business partners.

Please complete each section of the following form inchlding a copy of a voided check or bank a11thorization letter. The remittance advice will inch1de statement-rype information such as invoice numbers, acco\1!11 number. date and dollar amomt for invoices.

Toe benefits to your company include:
• Saving time and money by reducing labor, expenses and risks associated with checks. • Enhancing cash flow by expediting the receipt of cash and eliminating mail and paper check float. • Conserv-u1g the environment by eliminating the printing and mailing of paper checks and 11tilizing sec11re electronic payments.

Y 011 may contact our Payment Services Unit at acha,Jsaccounry.net to return the fonns electronically or if you have any question.~ pertaining to this payment option. A lhorough verification process will be con1ple1ed prior to approval of ACH payments and all updates or changes require management aulhorization. All ACH payments will comply with the security standards of the NACHA Operating Rwes. 1l1e confi001tiali1y of banking information is secured and stored on our secured ottwork systems.

Toe County of Sacramento appreciates your products, services, and business relationship. We look forward to providing yo11r company with this new and more efficient payment option. , •-• . .. --• • - ~ ,. • • •- ... •$ • • -•• • • • • • • , ,.. , • • , • ••• • • - - • • • ••• • • • •o • • -•- » • • • ••• \' , - •••• \ • • 1 • -•- • ••• • - , • • Sacramento will assume zero overd·aft liabilities for this acti'\lity.

Authorized Signature : __________ _ Title: ___________ _ E-Mail Address: ____________ _ Date : ___________ _
700 HStreet. Room 3650 • Sacramento. Catfomia9!814 • Phone (916)874-7422 • Fax(916)874-6454 • &naJ: ACl-@sae:cexsty.net

 
 







  
 





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