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 15, 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 15, 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 real property negotiator (Govt. Code § 54956.8) Properties:
APN: 51-62-026, 1.58 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991
APN: 51-660-084, 0.19 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991 APN: 57-150-001, 0.47 acres located at 217 S Walton Avenue, Yuba City, CA 95991
APN: 57-150-050, 1.0 acres located at 211 S Walton Avenue, Yuba City, CA 95991 APN: 57-220-065, 0.11 acres generally located on S Walton Avenue between 211 and 217 S Walton Avenue, Yuba City CA 95991
Negotiator: Diana Langley, City Manager
Negotiating parties: Habitat for Humanity
Under negotiation: Price and terms of payment
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. Upholstery Hut Retirement Proclamation for Lynn Sillman
3. Sutter County Museum Presentation and Introduction of Executive Director Public Communication
4. 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.
5. Minutes of March 1, 2022
Recommendation: Approve the City Council minutes of March 1, 2022
6. 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for Aquifer Storage Recovery Well Project
Recommendation: Adopt a Resolution authorizing the Public Works Director or designee to execute documents, invoices, and reports,
including a Local Match Fund Commitment Letter, required to obtain grant funding
7. 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for Water Treatment Plant Low Lift Generator Project
Recommendation: Adopt a Resolution authorizing the Public Works Director or designee is hereby authorized and directed to submit any
required documents, invoices, and reports, including the Local Match Fund Commitment Letter required to obtain grant funding
8. Naming of New Park Development on Harter Parkway
Recommendation: Adopt a Resolution naming the new park development on Harter Parkway Didar S. Bains Park
9. Nomination of Councilwoman Espindola to serve as a Board Member of Region 2 of the Association of California Water Agencies
Recommendation: Adopt a Resolution nominating Councilwoman Espindola as a Board Member of Region 2 of the Association of California Water Agencies (ACWA)
Business Items
10. Yuba Sutter Tourism Improvement District Renewal - Public Hearing Recommendation: A. Conduct a Public Hearing to receive comments on the renewal of the Yuba-Sutter Tourism Improvement District and after consideration, if less than 50% of protests to the district are received;
B. Adopt a Resolution Renewing the Yuba-Sutter Tourism
Improvement District
11. Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project – CEQA Adoption
Recommendation: Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the Yuba City Wastewater Treatment Facility Outfall and Diffuser Project (Environmental Assessment EA 21- 04)
12. Senate Bill 9 and Accessory Dwelling Unit Ordinance Adoption and Establishing Fees for Urban Lot Splits
Recommendation: A. Conduct a Public Hearing for the consideration of establishing an Urban Lot Split fee; and
B. Adopt a Resolution establishing an Urban Lot Split Fee; then C. Adopt 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 second reading
13. Police Services Analyst Position in the Police Department and Rules and Regulations Amendment
Recommendation: Adopt a Resolution authorizing:
A. Amend the Rules and Regulations providing for temporary, extra-help employees to have the ability to apply for internal recruitment
B. Amend the Police Department Personnel Summary adding
the classification of Police Services Analyst
C. Corresponding change to the publicly-available salary schedule
14. Water Treatment Plant Operator III Limited Term Position Recommendation: A. Adopt a Resolution approving one (1) limited term Water Treatment Plant Operator III (LT) position in the Public Works Department for a period not to exceed three (3) years and approving a side letter with Public Employees’ Local 1
regarding the representation of the Water Treatment Plant Operator III Limited Term employee
B. Authorize a supplemental appropriation and related transfers in the amount of $40,000 from unallocated water funds to Account No. 7120 (Water Treatment Plant Operating Budget) for Fiscal Year 21/22 salary and benefits for the Water Treatment Plant Operator III limited term position
15. Electrical/Instrumentation Supervisor Salary Schedule Recommendation: A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect the addition of an Electrical/Instrumentation Supervisor position within the Public Works Department and approving a side letter with the First Level Managers group
B. Authorize the Finance Director to make budget adjustments as necessary
16. Building Inspection Compensation Adjustments
Recommendation: A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect compensation adjustments to the Building Inspector classifications within the Development Services Department
B. Authorize the Finance Director to make budget adjustments as necessary
Future Agenda Items
17. 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
18. City Manager's Report
19. City Council Reports
- Councilmember Harris
- Councilmember Boomgaarden
- Councilmember Espindola
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
CITY OF YUBA CITY
Closed Session Items
A. Conference with real property negotiator (Govt. Code § 54956.8) Properties:
APN: 51-62-026, 1.58 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991 APN: 51-660-084, 0.19 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991 APN: 57-150-001, 0.47 acres located at 217 S Walton Avenue, Yuba City, CA 95991 APN: 57-150-050, 1.0 acres located at 211 S Walton Avenue, Yuba City, CA 95991 APN: 57-220-065, 0.11 acres generally located on S Walton Avenue between 211 and 217 S Walton Avenue, Yuba City Ca 95991
Negotiator: Diana Langley, City Manager
Negotiating parties: Habitat for Humanity
Under negotiation: Price and terms of payment
Proclamation
of the City Council
Lynn Sillman
“The Upholstery Hut”
1975 - 2021
WHEREAS, Lynn Sillman is retiring and closing the Upholstery Hut after 47 years of service to the Yuba-Sutter Community; and
WHEREAS, the business began in 1975 in Marysville and moved to Yuba City in 1983 and has been in its current location on 2nd Street since 1986; and WHEREAS, after Lynn got out of the Navy, a family friend in Browns Valley talked him into coming to the area which he liked so much he decided to stay; and WHEREAS, Lynn needed a job and started working with a friend at an upholstery shop in Marysville and he never looked back! He started out pulling car seats and moved to doing auto upholstery, but when the economy went bad back in the 1980s, he diversified and started taking quality furniture in to take up the slack when the auto work slowed down; and WHEREAS, Lynn has been in the National Upholstery Association for over 50 years. He made it his mission to learn new upholstery skills and techniques, as well as learning better business practices. He also belonged to the Professional Upholsterers' Association of California, an organization of individuals and firms, joined together to advance, support and promote the field of upholstery; and
WHEREAS, at one time, Lynn was the only upholster in Yuba & Sutter Counties and did all the major car dealer’s work. The Upholstery Hut also only took in orders to work on quality, well-built furniture, because “if it's not good furniture to begin with, it's not worth the expense to have it redone”. For any business to stay open for 47 years, it must be doing something right; and
WHEREAS, The Upholstery Hut, through Lynn and his wife Jackie, contributed and donated to almost every non-profit and service organization throughout the Yuba Sutter community over the last 43 years.
NOW, THEREFORE, BE IT RESOLVED that I, Dave Shaw, Mayor of the City of Yuba City, and on behalf of the entire City Council of the City of Yuba City, do hereby honor Lynn Sillman and commend him for his 47-year career and many contributions to the Yuba-Sutter Community, and wish him much success and happiness in his well-deserved retirement.
Done on this 15th day of March 2022 at the City of Yuba City, County of Sutter, State of California.
Sutter County Community Memorial Museum
1333 Butte House Road, Yuba City
Molly Bloom Museum Director/Curator will be presenting on the Sutter County Community Memorial Museum
More about the Museum:
The Community Memorial Museum of Sutter County tells the story of Sutter County, from the Native Americans who lived here pre-contact to the present. This is done through a combination of exhibits both permanent and temporary, and public programs. Permanent exhibits include the Maidu-Nisenan people, John Sutter, the history of agriculture in the area, and our multi-cultural wing, which tells the stories of the significant minority communities in Sutter County.
The Museum was constructed with funds from Howard and Norma Harter, the Sutter County Historical Society, and other private donors. It was presented to the Sutter County Board of Supervisors as a gift to the community in 1975. Since then, it has been expanded multiple times, all through the generosity of private donors.
The Museum is a partnership between Sutter County and the Museum Association, a 501(c)(3) organization.
Hours
Monday: Closed
Tuesday - Friday: 9:00 am till 5:00 pm
Saturday & Sunday: Noon till 4:00 pm
Admission is Free
www.suttercountymuseum.org
530-822-7141
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 5
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of March 1, 2022
Recommendation: Approve the City Council minutes of March 1, 2022 Fiscal Impact: None
Attachments:
1. 03-01-2022 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (draft)
CITY COUNCIL - CITY OF YUBA CITY
REGULAR MEETING - MARCH 1, 2022
5:00 P.M. CLOSED SESSION: SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Shaw at 5:02 PM Roll Call
Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris
Absent: None
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 Public Comment
No public comments were received
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:05 PM Roll Call
Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris
Absent: None
Invocation/Inspiration
Cornerstone Church Pastor Jason Poling
Pledge of Allegiance to the Flag
The Youth Commission led the pledge of allegiance
City Attorney's Report on Closed Session Items
No reportable action was taken
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations
2. Yuba City Police Officer of the Year 2021 – Proclamation Mayor Shaw presented Homeless Liaison Officer Troy Koski with a proclamation
3. The Cookie Tree 40 years in Business – Proclamation
Mayor Shaw presented Sue Smith is the Owner of the Cookie Tree with a proclamation
4. Red Cross – Proclamation
Mayor Shaw presented Daryl White, Red Cross Disaster Services, Program Manager with a proclamation
5. Martin Luther King March – Proclamation
Mayor Shaw presented a proclamation to the coordinators of the MLK March:
Pastor Marcia Chambers
Pastor Darrell Chambers
Agnes Vaughn
Ted & Anna Alexis
Public Communication
6. Appearance of Interested Citizens
A written statement from John Buckland was read aloud by the Clerk Consent Calendar
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:
7. Minutes of February 15, 2022
Approve the City Council minutes of February 15, 2022
8. State Ballot Measure Restricting Voters' Input and Local Taxing Authority Adopt Resolution 22-017 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
Adopt Resolution 22-018 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
Adopt Resolution 22-019 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
Adopt Resolution 22-020 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 Adopt Resolution 22-021 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 Approve the Recommendations for Appointment of Four (4) Members to the Senior Commission
The motion was passed with a unanimous vote
Business Items
14. Blue Zones Project
Councilmember Boomgaarden moved and Councilmember Espindola seconded the motion to:
A. Accept a presentation on the Blue Zones Yuba Sutter Project, and B. Adopt Resolution 22-022 affirming support for the Blue Zones Project and appointing a representative to serve on the Blue Zones Project Yuba Sutter Steering Committee
The motion was passed with a unanimous vote
15. Bridge Street Widening – Gray Avenue to Cooper Avenue Project (Award for Construction and Construction Management)
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:
Adopt Resolution 22-023 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
The motion was passed with a unanimous vote
16. SB 1383 Ordinance Updates Second Reading
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:
Adopt Ordinance 005-22 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
The motion was passed with a unanimous vote
17. 2021-2029 City of Yuba City General Plan Housing Element Mayor Shaw opened the Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:
Adopt Resolution 22-024 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)
The motion was passed with a unanimous vote
18. Senate Bill 9 and Accessory Dwelling Unit Ordinance Amendments Mayor Shaw opened the Public Hearing
Virginia Smith spoke
Heather Esemann commented via Zoom
Mayor Shaw closed the Public Hearing
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:
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 The motion was passed with a unanimous vote
Future Agenda Items
19. Future Agenda Items:
No suggestions were made
Reports and Communications
20. City Manager's Report
21. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 8:26 PM ____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for Aquifer Storage Recovery Well Project
Recommendation: Adopt a Resolution authorizing the Public Works Director or designee to execute documents, invoices, and reports, including a Local Match Fund Commitment Letter, required to obtain grant funding
Fiscal Impact: None at this time. If awarded a grant, the fiscal impact is estimated to be as follows:
Total Project Costs: $6,500,000
Requested Grant Amount: $4,875,000
Local Funds Amount: $1,625,000
Purpose:
To enhance the reliability of the City’s water supply through optimization of the City’s surface water rights and increasing the sustainability of the groundwater aquifer system.
Council Goals: This project addresses the City Council’s Strategic Goal of improving infrastructure.
Background:
On August 5, 2021, President Biden announced $3.46 billion in hazard mitigation funding to reduce effects of climate change. FEMA’s Hazard Mitigation Grant Program (HMGP) will facilitate distribution of the funds to eligible states, territories, and tribal governments that are federally recognized. California is eligible for such funds due to Governor Newsom’s disaster declaration relating to the State’s ongoing drought situation. However, for the City to be eligible for such funds the project needs to be included in a Local Hazard Mitigation Plan (LHMP). The Aquifer Storage Recovery (ASR) Well Project was included in Sutter County’s most recent update of their LHMP. California’s Office of Emergency Services (CalOES) has been in contact with Public Works staff regarding the eligibility of an ASR well, and have recently approved the City’s Notice of Interest for an ASR Well project. Next steps will be for the City to develop a sub-application for CalOES so it can be submitted by the State to the HMGP.
Analysis:
Public Works staff and City consultants have assessed past drought conditions and the hydrogeology at the Water Treatment Plant to identify potential projects to improve the City’s resiliency during extended periods of drought. As a result of that assessment, staff concluded that an ASR Well would be the next capital infrastructure to be prioritized to protect the City’s access to water.
An ASR well is an innovative concept that is becoming more popular in areas that are prone to droughts and that have experienced substantial drawdowns of the groundwater aquifer system during periods of drought.
After constructing three monitoring wells at various locations on the Water Treatment Plant property and analyzing the hydrogeology and groundwater aquifer, initial findings suggest an ASR well is feasible. Further investigation is needed to be able to obtain permission to construct an ASR well from the State. However, an ASR well will help fully utilize the City’s allocated surface water, help improve groundwater sustainability for the Sutter subbasin, and help the City prepare for future expansion.
In order to apply for the HMGP, the City must submit a Local Match Fund Commitment Letter (Attachment 1).
Fiscal Impact:
There is no fiscal impact at this time. However, if the City is awarded a HMGP grant, the City will be required to provide $1,625,000 of the estimated $6,500,000 total project cost, with the HMGP providing $4,875,000. There is approximately $7,300,000 in unallocated Water Funds available at this time.
Alternatives:
Do not authorize the Public Works Director to execute the Local Match Fund Commitment Letter and direct staff to pursue other sources of funding.
Recommendation:
1. Adopt a Resolution authorizing the Public Works Director or designee to execute a Local Match Fund Commitment Letter that is required for the City’s Hazard Mitigation Grant Program Application to be considered for grant funding.
Attachments:
1. Resolution - 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for Aquifer Storage Recovery Well Project
2. Local Match Fund Commitment Letter
Prepared By: Submitted By:
William Jow
Assistant Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE DOCUMENTS, INVOICES, AND REPORTS REQUIRED FOR THE CITY’S HAZARD
MITIGATION GRANT PROGRAM APPLICATION FOR THE AQUIFER STORAGE
RECOVERY SYSTEM PROJECT
WHEREAS, the City of Yuba City (City) proposes to implement the Yuba City Aquifer Storage Recovery System Project (Project); and
WHEREAS, the Project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; and/or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California and FEMA; and
WHEREAS, the City intends to apply for grant funding from the Hazard Mitigation Grant Program (HMGP) for the Project; and
WHEREAS, the HMGP requires the City to submit a Local Match Fund Commitment Letter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that the Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports, including a Local Match Fund Commitment Letter, required to obtain grant funding.
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 15th 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
ATTACHMENT 2
City of Yuba City
CalOES – Hazard Mitigation Grant Program (HMGP)
Yuba City Aquifer Storage and Recovery Well System Project Action requested by Monday, March 21, 2022
1. Please review the below local match fund commitment letter, insert missing information, and edit to your liking.
2. Once complete, please sign, delete these instructions, and email the letter to Susan Worley at [email protected].
3. If you have any questions, please contact Susan Worley at [email protected].
Thank you!
LOCAL MATCH FUND COMMITMENT LETTER
March 15, 2022
California Governor’s Office of Emergency Services
Hazard Mitigation Grants Program Unit
Attention: HMGP
3650 Schriever Avenue
Mather, CA 95655
RE: HMGP Project Subapplication
Yuba City Aquifer Storage and Recovery Well System Project Dear State Hazard Mitigation Officer:
The City of Yuba City is submitting an application to the CalOES Hazard Mitigation Grant Program (HMGP) for a Yuba City Aquifer Storage and Recovery Well System. As part of the Hazard Mitigation Grant Program process, a local funding match of at least 25% is required. This letter serves as the City of Yuba City’s commitment to meet the local match fund requirements for the Hazard Mitigation Grant Program.
SOURCE OF NON‐FEDERAL FUNDS: LOCAL
AGENCY
FUNDING
OTHER
AGENCY
FUNDING
PRIVATE
NON‐PROFIT
FUNDING
STATE
AGENCY
FUNDING
NAME OF FUNDING SOURCE: Yuba City Water Enterprise Fund; Public Works General Fund; and in‐kind staff hours
FUNDS AVAILABILITY DATE: 2/15/2022
PROVIDE EXACT MONTH/DATE/YEAR OF AVAILABILITY OF FUNDS
FEDERAL SHARE AMOUNT REQUESTED: $4,875,000
MUST MATCH $ AMOUNT PROVIDED IN SUBAPPLICATION
LOCAL SHARE AMOUNT MATCH: $1,625,000
MUST EQUAL A MINIMUM OF THE 25% FEDERAL SHARE REQUESTED FUNDING TYPE: Cash; Agency Personnel
EXAMPLES: ADMINISTRATION, CASH, CONSULTING FEES, ENGINEERING FEES, FORCE ACCOUNT LABOR, AGENCY PERSONNEL, PROGRAM INCOME, ETC.
If additional federal funds are requested, an additional local match fund commitment letter will be required.
Please contact me at (503) 822‐3231 or [email protected] with questions.
Sincerely,
<ADD SIGNATURE HERE OF AUTHORIZED AGENT>
Ben Moody
Director of Public Works and Development Services
City of Yuba City
(503) 822‐3231
[email protected]
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for Water Treatment Plant Low Lift Generator Project
Recommendation: Adopt a Resolution authorizing the Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports, including the Local Match Fund Commitment Letter required to obtain grant funding
Fiscal Impact: None at this time. If awarded a grant, then the fiscal impact is estimated to be as follows:
Total Project Costs: $335,175
Requested Grant Amount: $223,450
Local Funds Amount: $111,725
Purpose:
To equip and upgrade the City’s critical facilities for continued reliable operation.
Council Goals:
This project addresses the City Council’s Strategic Goal of improving infrastructure.
Background:
On August 5, 2021, President Biden announced $3.46 billion in hazard mitigation funding to reduce effects of climate change. FEMA’s Hazard Mitigation Grant Program (HMGP) will facilitate distribution of the funds to eligible states, territories, and tribal governments that are federally recognized. California is eligible for such funds due to Governor Newsom’s disaster declaration relating to the State’s ongoing drought situation. However, for the City to be eligible for such funds the project needs to be included in a Local Hazard Mitigation Plan (LHMP). The Water Treatment Plant (WTP) Low Lift Generator Project was included in Sutter County’s most recent update of their LHMP. Additionally, California’s Office of Emergency Services (CalOES) has recently approved the City’s Notice of Interest for the project. Next steps will be for the City to develop a sub-application for CalOES so it can be submitted by the State to the HMGP.
Analysis:
The current location of the backup generator at the City’s WTP’s Low Lift Station leaves the City and its residents vulnerable to potable water service interruptions in the event of an electrical power failure during a high water event. The existing backup generator is located next to the Low Lift Station, which is situated on a riverbank next to the Feather River. Additionally, the existing backup generator has reached the end of its useful life and is undersized and has difficulty supporting the essential functions of the facility.
During a high water event, such as the one the Feather River experienced in early 2017, staff are unable to provide fuel to the backup generator due to access roads being flooded. If crews are unable to fuel the backup generator during a power outage, then after 24 hours the generator will shut down and water won’t be pumped from the Feather River to the WTP for treatment, resulting in a significant amount of water services being affected or lost until the generator is back online or power to the Low Lift Station is restored.
The loss of water services is one of the most devastating effects of a natural disaster and can have long-term and lethal impacts. Without the WTP Low Lift Station running at full capacity, City residents may be without potable drinking water during a power failure.
To avoid this scenario, staff have planned to install a new Low Lift Station backup generator at the WTP facility, so it won’t be impacted by any high water events affecting the Feather River.
This project is a high priority for the City and is included in the Sutter County Local Hazard Mitigation Plan (LHMP). The City requested HMGP funding for this project in 2018, was waitlisted and eventually had to withdraw the funding request when the Sutter County LHMP lapsed and was required to be updated.
In order to apply for the HMGP, the City must submit a Local Match Fund Commitment Letter (Attachment 1).
Fiscal Impact:
None at this time. If awarded the HMGP grant, then the fiscal impact is estimated to be as follows:
Total Project Costs: $335,175
Requested Grant Amount: $223,450
Local Funds Amount: $111,725
Alternatives:
Do not authorize the Public Works Director to execute the Local Match Fund Commitment Letter and direct staff to pursue other sources of funding.
Recommendation:
Adopt a Resolution authorizing the Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports, including the Local Match Fund Commitment Letter required to obtain grant funding.
Attachments:
1. Resolution - 2022 Hazard Mitigation Grant Program Local Match Fund Commitment Letter for
Water Treatment Plant Low Lift Generator Project
2. Local Match Fund Commitment Letter
Prepared By: Submitted By:
William Jow
Assistant Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE DOCUMENTS, INVOICES, AND REPORTS REQUIRED FOR THE CITY’S HAZARD
MITIGATION GRANT PROGRAM APPLICATION FOR THE WATER TREATMENT
PLANT LOW LIFT GENERATOR PROJECT
WHEREAS, the City of Yuba City (City) proposes to implement the Yuba City Water Treatment Plant Low Lift Generator Project (Project); and WHEREAS, the Project is being implemented in response to the Project being eligible for funding from FEMA’s Hazard Mitigation Grant Program (HMGP); and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California and FEMA; and
WHEREAS, the City intends to apply for grant funding from the HMGP for the Project; and
WHEREAS, the HMGP requires the City to submit a Local Match Fund Commitment Letter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that the Public Works Director or designee is hereby authorized and directed to submit any required documents, invoices, and reports, including the Local Match Fund Commitment Letter, required to obtain grant funding.
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 15th 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
ATTACHMENT 2
City of Yuba City
CalOES – Hazard Mitigation Grant Program (HMGP)
Back‐Up Generator for Yuba City Water Treatment Plant Critical Facility Action requested by Monday, March 21, 2022
1. Please review the below local match fund commitment letter, insert missing information, and edit to your liking.
2. Once complete, please sign, delete these instructions, and email the letter to Meg Overocker at [email protected].
3. If you have any questions, please contact Meg Overocker at [email protected], or Susan Worley at [email protected]. Thank you! LOCAL MATCH FUND COMMITMENT LETTER
March 15, 2022
California Governor’s Office of Emergency Services
Hazard Mitigation Grants Program Unit
Attention: HMGP
3650 Schriever Avenue
Mather, CA 95655
RE: HMGP Project Subapplication
Back‐Up Generator for Yuba City Water Treatment Plant Critical Facility Dear State Hazard Mitigation Officer:
The City of Yuba City is submitting an application to the CalOES Hazard Mitigation Grant Program (HMGP) for a back‐up generator at the Water Treatment Plant Low Lift Station. As part of the Hazard Mitigation Grant Program process, a local funding match of at least 25% is required. This letter serves as the City of Yuba City’s commitment to meet the local match fund requirements for the Hazard Mitigation Grant Program.
SOURCE OF NON‐FEDERAL FUNDS: LOCAL
AGENCY
FUNDING
OTHER
AGENCY
FUNDING
PRIVATE
NON‐PROFIT
FUNDING
STATE
AGENCY
FUNDING
NAME OF FUNDING SOURCE: City of Yuba City unallocated water funds.
FUNDS AVAILABILITY DATE: 2/15/2022
PROVIDE EXACT MONTH/DATE/YEAR OF AVAILABILITY OF FUNDS
FEDERAL SHARE AMOUNT REQUESTED: $335,175
MUST MATCH $ AMOUNT PROVIDED IN SUBAPPLICATION
LOCAL SHARE AMOUNT MATCH: $111,725
MUST EQUAL A MINIMUM OF THE 25% FEDERAL SHARE REQUESTED FUNDING TYPE: Cash
EXAMPLES: ADMINISTRATION, CASH, CONSULTING FEES, ENGINEERING FEES, FORCE ACCOUNT LABOR, AGENCY PERSONNEL, PROGRAM INCOME, ETC.
If additional federal funds are requested, an additional local match fund commitment letter will be required.
Please contact me at (503) 822‐3231 or [email protected] with questions.
Sincerely,
<ADD SIGNATURE HERE OF AUTHORIZED AGENT>
Ben Moody
Director of Public Works and Development Services
City of Yuba City
(503) 822‐3231
[email protected]
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Community Services Department
Presentation By: Brad McIntire, Community Services Director Summary
Subject: Naming of New Park Development on Harter Parkway Recommendation: Adopt a Resolution naming the new park development on Harter Parkway Didar S. Bains Park
Fiscal Impact: No fiscal impact
Purpose:
To adopt a name for the new park development on Harter Parkway.
Council's Strategic Goal:
This project addresses City Council’s Strategic Goal of improving the City’s Infrastructure.
Background:
On September 21, 2021, Council adopted a Resolution and policy that establishes criteria for the consideration of naming future City Parks and Facilities. Prior to the policy, City Parks were named by geography (Feather River Parkway was named for being adjacent to the Feather River), street names where the park is located (Greenwood Park, which was named for being adjacent to Greenwood Way), and individuals who have made significant contributions to our community (Blackburn-Talley Sports Complex, which was name after a Sutter County Deputy and Undersheriff who served our community and ultimately lost their lives while on duty). Naming this new park development after the street where it is located would not be feasible since there is already a Harter Park in Yuba City behind the Sutter County Museum.
Analysis:
On December 21, 2021, Council awarded a construction award to Marina Landscape, Inc. (Marina) for the construction of the new park development on Harter Parkway (Park). The Park will include two pavilion areas with shade structures, picnic tables, benches, game areas, a bicycle park (Bike Park) featuring a pump track, and a low skills course for younger ages, an open turf field, playgrounds, a fitness area/challenge course, disc golf goals, a basketball court, a continuous perimeter concrete walking path, restrooms, and a parking lot. The park will also include a monument sign at a central
location displaying the name of the Park.
Marina has been directed by the City to hold off on procurement of the sign until a name has been adopted by the City. In order to avoid project delays due to long fabrication lead times, it is in the best interest of the City to adopt a name for the Park as soon as possible.
Staff has received a request to name the Park after Mr. Didar S. Bains. As the founder of the Tierra Buena Sikh Temple and the Sikh Parade, Mr. Bains is a significant figure in the Yuba City community.
As a board member of the California Canning Peach Association, Mr. Bains has had a direct impact on California’s agricultural policies, establishing a long list of benefits to local growers and farmers. Mr.
Bains meets the criteria for candidacy per the newly adopted City Parks and Facilities Naming Policy.
Alternatives:
Elect an alternative name for the Park in accordance with City policy.
Recommendation:
Adopt a Resolution naming the new park development on Harter Parkway Didar S. Bains Park.
Fiscal Impact:
No fiscal impact
Attachments:
1. Resolution - Naming of new park development on Harter Parkway
2. Letter requesting the naming of new park development on Harter Parkway Prepared By: Submitted By:
Brad McIntire
Community Services Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
NAMING THE PARK DEVELOPMENT ON HARTER PARKWAY
WHEREAS, the City recognizes the importance of creating a quality of life for City residents through the development of parks; and
WHEREAS, the City adopted the City Parks and Naming Policy attached hereto as Exhibit “A.”; and
WHEREAS, the criteria for naming a park or facility includes individuals who made extraordinary lasting and significant contributions to the City; and
WHEREAS, Mr. Didar S. Bains is a significant figure in the Yuba City community with significant contributions to the City including the founding of the Tierra Buena Sikh Temple and the Sikh Parade.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
The City Council adopts Didar S. Bains Park as the name for the new park development on Harter Parkway.
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 15TH day of March 2022.
AYES:
NOES:
ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: City Park and Facility Naming Policy
EXHIBIT A
City of Yuba City
PURPOSE:
The purpose of this policy is to establish criteria and procedures relating to the naming of new City Parks and/or City Facilities. Naming parks serves a public interest by recognizing important landmarks, locations, or persons. The development of policies and procedures to guide the naming and dedication of City Parks/Facilities is intended to enable the process to be applied in a fair, objective and consistent manner. This policy may not be consistent with existing names of City Parks and/or Facilities. No suggestion is made or intended that existing names be changed. This policy is a basis for future decisions/considerations only.
POLICY:
It is the policy of the City of Yuba City to name newly acquired or developed City Parks and City Facilities based upon the procedures set forth in this chapter. The City of Yuba City Council will have final approval on all “naming” of City Parks and/or City Facilities.
QUALIFYING NAMES:
Names submitted for consideration should provide some form of individual/ organizational identity in relation to the following:
1) Street that is adjacent to the park
2) Geographical or historical significance to the region 3) Individuals
4) Organizations
Applies to
City-Wide
Supersedes
N/A
Effective Date
September 22, 2021
Manual
Standard Operating Procedures
Source
Community Services
Key Subject
Policy
Title
City Parks and Facilities Naming Policy
Approved
Dave Vaughn, City Manager
CRITERIA:
A. Individuals
i. Deceased at least three (3) years; and/or
ii. Died in the line of duty serving our community or the United States; and/or
iii. Made extraordinary lasting and significant contributions to the City of Yuba City, the region, State of California, or the United States of America.
Died while performing a heroic act (e.g., saving the life of another person) ; and/or
iv. Made significant donations/contributions to the City of Yuba City, resulting in acquisition of property, buildings, or specifically to a new park; and/or
v. Individuals will not be considered that could cast a negative image upon the City; and/or
vi. Individual was a resident of the City of Yuba City for over 20 years; and/or vii. Individual has made exceptional contributions to the City of Yuba City including one or more of the following: financial gifts, public service or committed to a long-term sponsorship agreement.
viii. A background check, paid by the applicant, will be required for any individuals after whom a park will be named.
B. Organizations
i. Organization has made exceptional contributions to the City of Yuba City including one or more of the following: financial gifts, public service or longterm sponsorship agreements.
EXCLUSIONS:
1) Naming proposals that promote alcohol, tobacco products or political organizations will not be considered.
2) Established Parks will not be available for renaming rights. 3) Under extraordinary circumstances that would cast a negative image upon the City, any of the City recognitions may be revoked at the discretion of the City Council.
SIGNS:
A sign identifying the park is the standard form of recognition. Signs will comply with the current park signage standards and will be provided by the City.
ATTACHMENT 2
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Nomination of Councilwoman Espindola to serve as a Board Member of Region 2 of the Association of California Water Agencies
Recommendation: Adopt a Resolution nominating Councilwoman Espindola as a Board Member of Region 2 of the Association of California Water Agencies (ACWA) Fiscal Impact: None
Purpose:
To have City representation on the Association of California Water Agencies (ACWA) Region 2 Board of Directors.
Council's Strategic Goal:
This applies to Council's goal of Infrastucture as ACWA is a strong advocate at the state and federal level for California water agencies, which impacts regulations and funding available for water infrastructure.
Background:
The Association of California Water Agencies (ACWA) is the largest statewide coalition of public water agencies in the country. There are over 460 public agency members, including Yuba City, that collectively are responsible for 90% of the water delivered to cities, farms and businesses in California.
ACWA is broken up into ten geographical regions with Region 2 covering seven northern California counties including Sutter County. The Region 2 Board of Directors is looking for ACWA members who are interested in leading the direction of ACWA Region 2 for the remainder of the 2022-2023 term, and they are seeking candidates from Region 2 to fill one board vacancy.
Analysis:
Councilwoman Espindola is the City's representative to the Regional Water Authority and serves on several ACWA committees. With her involvement in water-related organizations and issues, Councilwoman Espindola has expressed a desire to be nominated to serve on the ACWA Region 2 Board. In order to be considered, Council must adopt a Resolution nominating Councilwoman
Espindola for the vacant board position. The Nomination Form and Resolution must be submitted by March 23, 2022.
Alternatives:
Do not nominate Councilwoman Espindola to serve on the ACWA Region 2 Board of Directors.
Recommendation:
Adopt a Resolution nominating Councilwoman Espindola as a Board Member of Region 2 of the Association of California Water Agencies (ACWA).
Attachments:
1. Attachment 1 - Reso - ACWA Region 2 3-15-22
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
PLACING IN NOMINATION COUNCILWOMAN GRACE ESPINDOLA AS A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES REGION 2 BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:
A. Recitals
(i) The City Council of the City of Yuba City does encourage and support the participation of its members in the affairs of the Association of California Water Agencies (ACWA).
(ii) Councilwoman Grace Espindola has indicated a desire to serve as a Board Member of ACWA Region 2.
B. Resolves
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City, (i) Does place its full and unreserved support in the nomination of Councilwoman Grace Espindola for the Board of ACWA Region 2.
(ii) Does hereby determine that the expenses attendant with the service of Councilwoman Grace Espindola in ACWA Region 2 shall be borne by the City of Yuba City.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th 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
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Yuba Sutter Tourism Improvement District Renewal - Public Hearing Recommendation: A. Conduct a Public Hearing to receive comments on the renewal of the YubaSutter Tourism Improvement District and after consideration, if less than 50% of protests to the district are received;
B. Adopt a Resolution Renewing the Yuba-Sutter Tourism Improvement District Fiscal Impact: Continuation of the two percent (2%) room rental rate District Assessment.
Because the YSTID programs are intended to increase visitation to the Cities and County, there may be an increase in transient occupancy tax and sales tax collections.
Purpose:
To conduct a Public Hearing to receive comments on the renewal of the Yuba-Sutter Tourism Improvement District Assessment.
Council's Strategic Goal:
This project addresses the City Council's goal of being business-friendly as well as providing financial stability to support regional hotels and provide a stable funding source for ongoing marketing efforts, as well as increase occupancy rates.
Background:
In May 2016, the City Council authorized the City Manager to enter into an agreement with the YubaSutter Chamber of Commerce to establish a Tourism Improvement District (TID) for a five-year term.
The TID was established in March 2017, being a benefit assessment district to fund marketing and sales, sports and outdoor recreation, transportation, visitor programs, and promotions for Yuba-Sutter lodging businesses. Our local district includes all lodging businesses within the cities of Yuba City, Marysville, Live Oak, and Wheatland, as well as the unincorporated areas of Yuba and Sutter Counties.
The Yuba-Sutter Lodging Association (YSLA), the entity responsible for managing the YSTID, was established through the adoption of the Management District Plan.
The City became the lead agency for YSTID-related business when the TID was first formed. The City had a vested interest in participating in the TID formation and processes, being that the City is the
largest fund-contributor, as approximated below:
Yuba City 60%-65%
Yuba County 15%-20%
Marysville 10%-15%
Sutter County 5%-10%
This was voted on by the other jurisdictions within the district in 2017, which also allows for expedited processing on annual reports, requests, etc. The YSLA President has been in contact with the other jurisdictions regarding the renewal and has received signed letters of support on both the renewal of the YSTID and having the City remain the lead jurisdiction, from Sutter County, and Yuba-Sutter Chamber of Commerce, at the completion of this report.
At the public meeting held at the Council's February 15th meeting, local hotel owners attended where they provided feedback to the Council that they and other owners have not seen the benefits of the district and do not approve and/or have changed their minds as to the acceptance of the renewal of the district.
Analysis:
Lodging businesses within the District have decided to pursue a renewal of the YSTID in order to continue a revenue source devoted to marketing the Yuba-Sutter area as a tourist and event destination. The proposed renewal will be for a 10-year period and if renewed, the YSTID would generate approximately $400,000 on an annual basis, including all participating agencies, for promotion of travel and tourism specific to the Yuba-Sutter area.
The renewed YSTID will have a ten (10) year term, beginning April 1, 2022 through March 31, 2032.
Once per year, beginning on the anniversary of YSTID renewal, there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the YSTID.
The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than thirty (30) consecutive days;
stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty;
stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.
The cities and counties will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business in their respective jurisdictions.
The YSTID shall be renewed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). The 94 Law requires that a public meeting be held prior to the adoption of any new or increased assessment pursuant to Section 54954.6 of the Government Code. The public meeting is the third step in the district renewal process and is intended to allow public testimony regarding the proposed assessment. No action is taken by the City Council during this step.
The renewal process is as follows:
Date Process
January 18, 2022 Resolution of Intention: Petitions submitted by the business owners in the renewed YSTID who will pay more than fifty percent (50%) of the assessments proposed to be levied; Yuba City, City Council (Council) may initiate proceedings to renew the YSTID by the adoption of a resolution expressing its intention to renew the YSTID.
January 21, 2022 Notice: City mailed written notice to the owners of all businesses proposed to be within the renewed YSTID. Mailing notice begins a mandatory 45-day period in which owners may protest renewal.
February 15, 2022 Public Meeting: Allowed public testimony on the renewal of YSTID and levy of assessments. No Council action was required.
March 15, 2022 Public Hearing: If written protests are received from the owners of businesses who will pay more than 50% of the assessments proposed and protests are not withdrawn so as to reduce the protests to less than 50%, no further proceedings shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.
At this time, the City has received written protests from owners within the assessed district totaling 54.28%. Owners will have an opportunity to withdraw protests, so as to reduce the protest percentage below 50%, up until the conclusion of the Public Hearing.
At this point in the process, there may be some options to amend the management district plan and exclude some hotels and/or regions from the TID, however this would require additional review and action. Options could possibly occur via continuing the Public Hearing to a later date, but legal consideration, appropriate noticing, and timing would need to be considered. At this point in the process staff recommends holding the Public Hearing, making a decision, then allowing the YSLA to revise a plan as how to best move forward, if needed.
Fiscal Impact:
Continuation of the two percent (2%) room rental rate district assessment. Minor administration revenue and costs associated with processing district taxes. Because the YSTID programs are intended to increase visitation to the Cities and County, there may be an increase in transient occupancy tax and sales tax collections.
Alternatives:
1. If a majority protest is received, do not renew the Yuba Sutter Tourism Improvement District at this time.
2. Direct the Yuba Sutter Lodging Association to modify boundaries, and/or to seek other paths to renewal and revisit the renewal after the required one (1) year has passed.
Recommendation:
A. Conduct a Public Hearing to receive comments on the renewal of the Yuba-Sutter Tourism Improvement District and after consideration, if less than 50% of protests to the district are received; B. Adopt a Resolution Renewing the Yuba-Sutter Tourism Improvement District.
Attachments:
1. Attachment 1 - Resolution to Renew the Yuba-Sutter Tourism Improvement District
2. Attachment 2 - Resolution of Intention to Renew YSTID
3. Attachment 3 - Yuba-Sutter Tourism Improvement District - Management District Plan
4. Attachment 4 - Jurisdictional Letters of Support
Prepared By: Submitted By:
Shanon Jones
Administrative Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. 22 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO RENEW
THE YUBA-SUTTER TOURISM IMPROVEMENT DISTRICT
WHEREAS, the City of Yuba City (City) created the YSTID in 2017 by Resolution No. 17-008; and
WHEREAS, the YSTID was created for a five (5) year term which ends on March 31, 2022; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Yuba Sutter Lodging Association, lodging business owners, and representatives from the City of Yuba City have met to consider the renewal of the YSTID; and WHEREAS, Yuba Sutter Lodging Association has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the YSTID, a service plan and budget, and a proposed means of governance; and
WHEREAS, the renewed YSTID includes lodging businesses in the cities of Yuba City, Marysville, Live Oak, and Wheatland (cities); and the unincorporated areas of Yuba and Sutter counties (counties); and
WHEREAS, on January 18, 2022, City Council sign Resolution No. 22-007 Resolution of Intention to Renew the Yuba-Sutter Tourism District; and WHEREAS, lodging business who will pay more than fifty percent (50%) of the assessment under the YSTID have petitioned the City Council to renew the YSTID; and WHEREAS, The City of Yuba City held a Public Hearing on March 15, 2022 to receive public comment on the renewal and less than 50% of the businesses within the assessed district protests the renewal of the YSTID.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the YSTID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the YSTID and to levy an assessment on certain lodging businesses within the YSTID boundaries in accordance with the Property and Business Improvement District Law of 1994.
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.
4. The City Council declared its intention to renew the YSTID and to levy and collect assessments on lodging businesses within the YSTID boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The YSTID shall include all lodging businesses located within the boundaries of the boundaries of the cities of Yuba City, Marysville, Like Oak, and Wheatland (cities), and the unincorporated areas of Yuba and Sutter counties (counties), as shown in the map attached as Exhibit A.
6. The name of the district shall be Yuba Sutter Tourism improvement District (YSTID).
7. The annual assessment rate is two percent (2%) of gross short-term room rental revenue.
Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.
8. The assessments levied for the YSTID shall be applied toward marketing and sales, sports and outdoor recreation, and transportation and visitor services programs and promotions to market assessed lodging businesses in Yuba Sutter as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which YSTID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.
9. The renewed YSTID will have a ten (10) year term, beginning April 1, 2022 through March 31, 2032 unless renewed pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The complete Plan is on file with the City Clerk and may be reviewed upon request.
12. This resolution shall take effect immediately upon its adoption by the City Council.
I HEREBY CERTIFY that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council on the 15th day of March 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
EXHIBIT A
District Boundaries
ATTACHMENT 2
ATTACHMENT 3
2022-2032
YUBA-SUTTER
TOURISM IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
February 1, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
CONTENTS
I. OVERVIEW ........................................................................................................................................2 II. BACKGROUND ................................................................................................................................4 III. BOUNDARY.......................................................................................................................................5 IV. ASSESSMENT BUDGET AND SERVICES................................................................................6 A. Annual Service Plan .............................................................................................................................6 B. Annual Budget......................................................................................................................................8 C. California Constitutional Compliance...............................................................................................9 D. Assessment..........................................................................................................................................10 E. Penalties and Interest.........................................................................................................................11 F. Time and Manner for Collecting Assessments..............................................................................11 V. GOVERNANCE...............................................................................................................................12 A. Owners’ Association..........................................................................................................................12 B. Brown Act and California Public Records Act Compliance........................................................12 C. Annual Report ....................................................................................................................................12 APPENDIX 1 – LAW....................................................................................................................................13 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................24 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
YSTID Management District Plan 2
February 1, 2022
I. OVERVIEW
Developed by Yuba-Sutter Lodging Association (YSLA) and Yuba-Sutter area lodging businesses, the Yuba-Sutter Tourism Improvement District (YSTID) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses.
This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The YSTID was created in 2017 for a five (5) year term. YSLA and Yuba-Sutter area lodging businesses now wish to renew the YSTID for a ten (10) year term. Pursuant to Streets and Highways Code §36620.5, Yuba City will continue to act as the lead jurisdiction for renewing the YSTID. Yuba City will continue to receive YSTID annual reports.
Location: The YSTID includes all lodging businesses located within the boundaries of the cities of Yuba City, Marysville, Live Oak, and Wheatland (cities); and the unincorporated areas of Yuba and Sutter counties (counties), as shown on the map in Section III.
Services: The YSTID is designed to provide specific benefits directly to payors by increasing demand for room night sales. Marketing and sales, sports and outdoor recreation, and transportation and visitor services programs and promotions will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.
Budget: The total YSTID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $400,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.
Cost: The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood.
Collection: The cities and counties shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the YSTID. The cities and counties shall take all reasonable efforts to collect the assessments from each lodging business.
Duration: The proposed YSTID will have a ten (10) year life, beginning April 1, 2022 through March 31, 2032. Once per year, beginning on the anniversary of YSTID renewal, there is a 30-day period in which owners paying more than fifty percent (50%) of the assessment may protest and initiate a Yuba City City Council hearing on YSTID termination.
Management: The Yuba-Sutter Lodging Association shall continue to serve as the YSTID’s Owners’ Association. The Owners’ Association is charged with managing funds and
YSTID Management District Plan 3
February 1, 2022
implementing programs in accordance with this Plan, and must provide annual reports to the Yuba City City Council.
YSTID Management District Plan 4
February 1, 2022
II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.
California’s TIDs collectively
raise over $300 million annually
for local destination marketing.
With competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that Yuba-Sutter
lodging businesses continue to
invest in stable, lodging-specific
marketing programs.
TIDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase demand for room night sales.
In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.
There are many benefits to TIDs:
Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
Funds cannot be diverted to general government programs; They are customized to fit the needs of payors in each destination; They allow for a wide range of services;
They are designed, created and governed by those who will pay the assessment; and They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38 46
61 64 70 75
88 95 99101104109110
0 20
40 60
80 100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Number of Districts Operating in
California
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February 1, 2022
III. BOUNDARY
The YSTID shall include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of Yuba City, Marysville, Live Oak, and Wheatland; and the unincorporated areas of Yuba and Sutter counties.
Lodging business means: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy on a temporary basis for lodging or sleeping purposes. Such term includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Lodging business does not include the following: an organized camp, as that term is defined by Health and Safety Code § 18897; the right of an owner of a timeshare estate in a room or rooms in a timeshare project, or the owner of a membership camping contract in a camping site at a campground, or the guest of the owner, to occupy the room, rooms, or camping site, or other real property in which the owner retains that interest, as provided in Revenue and Taxation Code § 7280; any facilities operated by a local government entity; any campsite excluded from taxation pursuant to Revenue and Taxation Code § 7282; or sites in a privately owned campground or recreational vehicle park.
The boundary, as shown in the map below, currently includes twenty-four (24) lodging businesses. A complete listing of lodging businesses within the renewed YSTID can be found in Appendix 2.
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February 1, 2022
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to Yuba City of conferring the benefits or granting the privileges. The privileges and services provided with the YSTID funds are sales and marketing, sports and outdoor recreation, transportation and visitors services, and operations programs available only to assessed businesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by YSLA. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $400,000.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, Yuba City and the YSLA board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the YSTID, any and all assessment funds may be used for the costs of defending the YSTID.
Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The staffing levels necessary to provide the services below will be determined by the YSLA on an as- needed basis.
Sales and Marketing
Sales & Marketing,
$280,000 , 70%
Sports & Outdoor
Recreation,
$32,000 , 8%
Transportation &
Visitor Services,
$20,000 , 5%
Administration & Operations,
$40,000 , 10%
Collection Fee,
$8,000 , 2%
Contingency & Renewal,
$20,000 , 5%
Initial Annual Assessment Budget - $400,000
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February 1, 2022
A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Yuba-Sutter as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; Print ads in magazines and newspapers targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
Television and/or radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
Attendance of trade shows, professional industry conferences, and affiliation events to promote assessed businesses;
Preparation and production of collateral promotional materials such as brochures, visitor guides, flyers and maps featuring assessed businesses;
Development and implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to drive overnight visitation at assessed businesses;
Development of Return on Investment (ROI) analysis on effectiveness of district funds to improve effectiveness and increase demand for overnight visitation at assessed businesses; Development of a marketing plan to ensure district funds are strategically spent to market assessed lodging businesses;
Lead generation activities designed to attract tourists and group events to assessed businesses; Development and maintenance of a website designed to promote assessed businesses; Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits to assessed businesses; Education of lodging business management and the Owners’ Association on marketing strategies best suited to meet assessed businesses’ needs; and Community organization grants to promote events and activities that target potential visitors to drive overnight visitation and room sales to assessed businesses.
Sports and Outdoor Recreation Marketing
A sports and outdoor recreation marketing program will have a central theme of promoting the YSTID as a desirable place for overnight visits by highlighting the sports and outdoor recreation opportunities in Yuba-Sutter.
Transportation and Visitor Services Enhancements
The transportation and visitor services program will fund transportation and visitor services improvements designed to increase room night sales at assessed lodging businesses. Improvements may include:
Welcome center and visitor kiosk program including a long term ambassador program and new technology-driven visitor information enhancements to drive overnight visitation and room sales to assessed businesses;
Brand-centric visitor services training programs for both public and private sector staff designed to create a visitor experience that will bring repeat visits to assessed businesses; Comprehensive and integrated wayfinding signed systems including signage to parking lots and decks designed to create a visitor experience that will bring repeat visits to assessed businesses;
YSTID Management District Plan 8
February 1, 2022
Transportation programs connecting hotels and local music venues, sports venues, and other attractions, to increase overnight visitation and room sales to assessed businesses; Art and cultural projects, to attract overnight visitors; Gateway enhancements, to attract overnight visitation; Enhancements to environmental experiences which attract overnight visitors; Improvements to existing parks and sports facilities utilized by overnight visitors designed to create a visitor experience that will bring repeat visits to assessed businesses; and Infrastructure improvements that enhance Yuba-Sutter’s competitive position to attract desirable special events year-round and attract overnight visitors.
Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, audit, legal, and accounting fees.
Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, or higher than anticipated program costs, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program or administration costs at the discretion of YSLA. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by YSLA.
Collection Fee
The cities and counties shall retain a fee equal to a two percent (2%) of the amount of assessments collected, to cover collection and administration costs.
B. Annual Budget
The total ten (10) year improvement and service plan budget is projected at approximately $400,000 annually, or $4,585,552 through 2032. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.
The table below demonstrates the maximum cost of improvements and services over the YSTID’s ten (10) year term. A three percent (3%) annual increase in the cost of improvements and services is projected to account for anticipated increases in gross short term room rental revenue as a result of YSTID efforts.
Fiscal
Year
Sales &
Marketing
Sports &
Outdoor Rec
Transportation &
Visitor Services
Admin &
Operations
Contingency
& Renewal
Collection
Fee
Total
22/23 $280,000 $32,000 $20,000 $40,000 $8,000 $20,000 $400,000 23/24 $288,400 $ 32,960 $20,600 $41,200 $8,240 $20,600 $412,000 24/25 $297,052 $ 33,949 $21,218 $42,436 $8,487 $21,218 $424,360 25/26 $305,964 $ 34,967 $21,855 $43,709 $8,742 $21,855 $437,091 26/27 $315,142 $ 36,016 $22,510 $45,020 $9,004 $22,510 $450,204 27/28 $324,597 $ 37,097 $23,185 $46,371 $9,274 $23,185 $463,710 28/29 $334,335 $ 38,210 $23,881 $47,762 $9,552 $23,881 $477,621 29/30 $344,365 $ 39,356 $24,597 $49,195 $9,839 $24,597 $491,950 30/31 $354,696 $ 40,537 $25,335 $50,671 $10,134 $25,335 $506,708
YSTID Management District Plan 9
February 1, 2022
31/32 $365,336 $ 41,753 $26,095 $52,191 $10,438 $26,095 $521,909 Total $3,209,886 $366,844 $229,278 $458,555 $91,711 $ 229,278 $4,585,552 C. California Constitutional Compliance
The YSTID assessment is not a property-based assessment subject to the requirements of Proposition 218. The Court has found, “Proposition 218 limited the term ‘assessments’ to levies on real property.”1 Rather, the YSTID assessment is a business-based assessment, and is subject to Proposition 26.
Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the YSTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific lodging businesses within the YSTID. The activities described in this Plan are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the YSTID, and are narrowly tailored. YSTID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in YSTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.
The assessment imposed by this YSTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in room night sales. The specific benefit of an increase in room night sales for assessed lodging businesses will be provided only to lodging businesses paying the YSTID assessment, with marketing and sales programs promoting lodging businesses paying the YSTID assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased room night sales to the assessed lodging businesses.
Although the YSTID, in providing specific benefits to payors, may produce incidental benefits to nonpaying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
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February 1, 2022
2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has
recognized that marketing and promotions services like those to be provided by the YSTID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6
3. Reasonable Cost
YSTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the YSLA, and reports submitted on an annual basis to the Yuba City City Council.
Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from district-funded activities, be featured in advertising campaigns, and benefit from other YSTID - funded services. Non-assessed lodging businesses will not receive these, nor any other, YSTID - funded services and benefits.
The YSTID -funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non- YSTID funds. YSTID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.
D. Assessment
The annual assessment rate is two percent (2%) of gross short term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any federal, state, county, or city officer or employee when on official business; and stays by any person occupying a room pursuant to an emergency shelter grant from the Red Cross or similar organization as a result of a natural disaster such as a fire or flood..
The term “gross room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the “YSTID Assessment.” The
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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February 1, 2022
assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The YSTID shall reimburse the cities and counties for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent YSTID assessment are sought to be recovered in the same collection action by the cities or counties, the YSTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:
1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.
2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.
3. Fraud: If the city or county determines that the nonpayment of any remittance due is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections (1) and (2) of this section.
4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues shall become part of the assessment required to be paid.
F. Time and Manner for Collecting Assessments
The YSTID assessment will be implemented beginning April 1, 2022 and will continue for ten (10) years through March 31, 2032. The cities and counties will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in their respective jurisdictions. The cities and counties shall take all reasonable efforts to collect the assessments from each lodging business. The cities and counties shall forward the assessments collected to the Owners’ Association.
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February 1, 2022
V. GOVERNANCE
A. Owners’ Association
The Yuba City City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the YSTID as defined in Streets and Highways Code §36612. The Yuba City City Council has determined that Yuba-Sutter Lodging Association (YSLA) shall continue to serve as the Owners’ Association for the YSTID. The YSLA Board of Directors shall include:
A minimum of four (4) assessed business owners or their representatives; One (1) government representative from Yuba City; and One (1) government representative from Sutter County, Yuba County, the City of Marysville, the City of Live Oak, the City of Wheatland or Yuba-Sutter Economic Development Corporation and appointed by either the City Manager or County Administrator.
B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the YSLA board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
C. Annual Report
The YSLA shall present an annual report at the end of each year of operation to the Yuba City City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
The improvements and activities to be provided for that fiscal year. An estimate of the cost of providing the improvements and the activities for that fiscal year. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT *** (ALL 2020 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the
YSTID Management District Plan 14
February 1, 2022
incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
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“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
“Property” means real property situated within a district.
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36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board
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of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
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(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay
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50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
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36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
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(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
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(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues
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shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 2 – ASSESSED BUSINESSES
Business Name Jurisdiction Street Address City/State/Zip Town House Motel Marysville 322 9th Street Marysville, CA 95901 Americas Best Value Inn Marysville 721 10th Street Marysville, CA 95901 Budget Inn Marysville 230 E Street Marysville, CA 95901 Motel 6 Marysville 803 E Street Marysville, CA 95901
Mhc Property Management
Dba Lake Minden Sutter County 2 N. Riverside Plaza, Suite 800 Chicago, Il 60606 Butte Star Ranch Sutter County 8807 S. Butte Rd. Sutter, CA 95982 Bonanza Inn Yuba City 1001 Clark Avenue Yuba City, CA 95991 Econo Lodge Yuba City 730 N. Palora Avenue Yuba City, CA 95991 Nice Inn Yuba City 545 Colusa Avenue Yuba City, CA 95991 Days Inn Yuba City 700 N Palora Avenue Yuba City, CA 95991 Hampton Inn And Suites Yuba City 1375 Sunsweet Blvd. Yuba City, CA 95991 Harkey House Bed & Breakfast Yuba City 212 C Street Yuba City, CA 95991 California Inn Yuba City 2129 Live Oak Blvd. Yuba City, CA 95991 Sutter Hotel Group (Best
Western Yuba City) Yuba City 894 W Onstott Frontage Rd. Yuba City, CA 95991 Travel Lodge Yuba City 965 Gray Avenue Yuba City, CA 95991 Brownsville Motel Yuba County 8592 La Porte Road Brownsville, CA 95919 Frenchtown Inn Yuba County 9858 Frenchtown Dobbins Rd Oregon House, CA 95962 Collins Lake Yuba County 7530 Collins Lake Road, Browns Valley, CA 95918 Willow Creek Campground Yuba County 17548 State Highway 49 Camptonville, CA 95922 Thousand Trails / Lake Of The
Springs Yuba County 14152 French Town Road Oregon House, CA 95962 Environmental Alternatives /
Lake Francis Yuba County 13919 Lake Francis Road Dobbins, CA 95935 Comfort Suites Yuba County 1034 North Beale Road Marysville, CA 95901 Peach City Inn Yuba County 1078 N Beale Rd Marysville, CA 95901 Rio Inn & Suites Yuba County 899 North Beale Rd Marysville CA 95901
ATTACHMENT 4
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 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 Effluent Discharge Outfall Diffuser Project – CEQA Adoption
Recommendation: Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the Yuba City Wastewater Treatment Facility Outfall and Diffuser Project (Environmental Assessment EA 21-04)
Fiscal Impact: No fiscal impact – requirement of permitting applications.
Purpose:
Assure continuous and reliable discharge of treated water from the Wastewater Treatment Facility to the Feather River in compliance with permit requirements.
Council Goals:
This project addresses the City Council’s Strategic Goal of improving the City’s infrastructure.
Background:
The City of Yuba City Wastewater Treatment Facility (WWTF) treats wastewater from the City’s collection system and disposes of the treated effluent. Operation of the WWTF and discharge of treated effluent to the Feather River is regulated by the Central Valley Regional Water Quality Control Board (CVRWQCB) through amended Order No. R5-2019-0017-01 and National Pollution Discharge Elimination System (NPDES) Permit No. CA0079260 (WWTF Permit).
Historically, the WWTF has had two options to dispose of treated effluent: (1) discharge directly into the Feather River via an outfall diffuser pipe located upstream of Shanghai Falls; or (2) discharge into percolation/evaporation ponds located on the east side of the main river channel just downstream of Shanghai Falls (Attachment 2). Use of the outfall diffuser pipe is only permitted whenever river depths are sufficient to allow the treated effluent to adequately mix with river water to meet NPDES permit dilution requirements.
In 2011, the bed of the Feather River scoured in close proximity to the existing outfall diffuser pipe, cutting a deep channel to the east. This redirected a large portion of the river flow to the newly formed channel, leaving the outfall diffuser pipe exposed under normal river flows. The outfall diffuser pipe is
currently unavailable for use at river flows of less than approximately 10,000 cubic feet per second (cfs), effectively rendering it unable to meet permit requirements except during substantial flood events.
Currently, the City’s only option to reliably discharge treated effluent has been to the effluent disposal ponds. These ponds are limited in capacity for continuous use and require routine monitoring and maintenance. Additionally, the ponds are vulnerable to damage during times of high water and can subsequently become unavailable to use for an extended period of time.
Since the scour event in 2011, the City has extensively studied potential replacement options for the outfall diffuser pipe and is currently under contract with CH2M Hill Engineers Inc. of Sacramento, CA, now a Jacobs Engineering Group, Inc. company (Jacobs), to provide predesign, design, environmental, permitting, right-of-way acquisition, and bidding services. Jacobs completed a Predesign Report, an evaluation of alternative advanced treatment strategies, a 60% design, and recently a 90% design for the project. As part of the permitting application process for the project, the City now needs to provide evidence to the permitting agencies that the City has complied with the California Environmental Quality Act (CEQA).
Analysis:
Yuba City is the lead agency for CEQA compliance. To meet the requirements of CEQA, the City contracted with Jacobs to prepare an Initial Study/Mitigated Negative Declaration to assess the potential adverse environmental effects of the proposed project. It was determined that the project will not result in any significant impacts to the environment through the inclusion of appropriate avoidance, minimization, and mitigation measures included therein. Staff and the project consultants have worked closely with all regulatory agencies involved in the permitting process, as well as California Native American Tribes per Assembly Bill 52. Mitigation measures addressing their comments and concerns have been identified and incorporated into the project in order to reduce potential impacts.
The IS/MND was filed with the State Clearinghouse (SCH# 2022010175) on January 13, 2022 and circulated for public review through February 11, 2022. Comments were received from the Central Valley Regional Water Quality Control Board, the California State Lands Commission, and the California Department of Fish and Wildlife. Their comments have been taken into consideration and a final IS/MND has been issued to address their comments. Recirculation of the final IS/MND is not required since the original mitigation measures have been replaced with equal or more effective measures. The comments received do not reveal any new avoidable significant effects. The final IS/MND is on file in the Public Works Department at City Hall and at www.yubacity.net/environmental.
Fiscal Impact:
There is no fiscal impact to adopting the Initial Study/Mitigated Negative Declaration. However, without such an adoption the permitting agencies will be unable to complete the permitting process for the project.
Alternatives:
Do not adopt the Initial Study/Mitigated Negative Declaration and direct staff to provide further study of the environmental considerations or alternatives.
Recommendation:
Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the Yuba City Wastewater Treatment Facility Outfall and Diffuser Project (Environmental Assessment EA 21-04).
Attachments:
1. Resolution – Adopting the Initial Study/Mitigated Negative Declaration
2. Project Map
Prepared By: Submitted By:
Kevin Bradford
Deputy Public Works Director - Engineering
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE YUBA CITY
WASTEWATER TREATMENT FACILITY OUTFALL AND DIFFUSER PROJECT (EA 21-04)
WHEREAS, the City of Yuba City (City) desires to construct a new Outfall and Diffuser from its Wastewater Treatment Facility to the Feather River (Project); and WHEREAS, the City is the lead agency on the Project for California Environmental Quality Act (CEQA) compliance; and
WHEREAS, the City contracted with CH2M Hill Engineers Inc. of Sacramento, CA, now a Jacobs Engineering Group, Inc. company (Jacobs), to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) to assess the potential adverse environmental effects of the proposed Project; and
WHEREAS, the City has determined that the Project will not result in any significant impacts to the environment through the inclusion of appropriate avoidance, minimization, and mitigation measures included in the Project; and
WHEREAS, the City has worked closely with all regulatory agencies involved in the permitting process, as well as California Native American Tribes per Assembly Bill 52, and mitigation measures addressing their comments and concerns have been identified and incorporated into the Project in order to reduce potential impacts; and
WHEREAS, the City filed the IS/MND with the State Clearinghouse (SCH# 2022010175) on January 13, 2022 and the IS/MND was circulated for public review through February 11, 2022; and WHEREAS, the City received comments from the Central Valley Regional Water Quality Control Board, the California State Lands Commission, and the California Department of Fish and Wildlife and their respective comments have been taken into consideration and a final IS/MND has been issued to address their comments; and
WHEREAS, recirculation of the final IS/MND is not required since the original mitigation measures have been replaced with equal or more effective measures and the comments received do not reveal any new avoidable significant effects.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. CEQA Findings. The City Council has fully considered the MND and finds that the project is consistent with, and has been fully assessed by, the MND. In this regard, based on the Council’s independent judgement and analysis and record before it, the Council additionally finds as follows:
a. The MND reflects the Council’s independent judgement and analysis. b. The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where no significant adverse impact on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. c. With the mitigation imposed, the proposed project will not result in any significant, adverse effects which fall within the "Mandatory Findings of Significance" contained in section 15065 of the State CEQA Guidelines.
d. The mitigation measures are feasible and shall become binding upon the entity assigned thereby to implement the particular mitigation measures.
The City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per the MND.
3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council hereby adopts the Mitigated Negative Declaration for the project, including the associated mitigation monitoring and reporting program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The Department of Public Works located at Yuba City Hall at 1201 Civic Center Blvd., Yuba City, CA 95993 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the Council's adoption of this Mitigated Negative Declaration is based. The Council authorizes and directs the Public Works Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for the approval of the project that complies with the CEQA Guidelines.
4. This Resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of March, 2022.
AYES:
NOES:
ABSENT:
_________________________
Dave Shaw, Mayor
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
LOCATION MAP
Wastewater Treatment Facility
Outfall and Diffuser Project
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Senate Bill 9 and Accessory Dwelling Unit Ordinance Adoption and Establishing Fees for Urban Lot Splits
Recommendation: A. Conduct a Public Hearing for the consideration of establishing an Urban Lot Split fee; and
B. Adopt a Resolution establishing an Urban Lot Split Fee; then C. Adopt 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 second reading Fiscal Impact: Established fees are expected to offset staff costs.
Purpose:
Modify the Yuba City Municipal Code to address Senate Bill 9 and Urban Lot Split and establish Accessory Dwelling Units criteria, and establish an Urban Lot Split fee.
Council’s Strategic Goal:
This Ordinance update does not directly meet one of Council’s strategic goals. The action is necessary to maintain compliance with new state laws and will help provide additional options to meet the City’s Regional Housing Needs Allocation for more housing.
Background:
Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards to govern these units and lots splits, as long as they do not conflict with state law.
State law also requires cities to allow the development of accessory dwelling units and junior accessory dwelling units, under certain conditions, and allows cities to establish development standards for ADUs and JADUs that do not conflict with state law. The Yuba City Municipal Code includes some development standards for ADUs but state law regulations have been revised substantially in recent years, so the City’s regulations need to be updated.
The City will also prepare an Urban Lot Split fee to help cover staff costs to process applications. The City will follow the fee schedule for a Lot Line Adjustment due to the application and review process being similar. The Accessory Dwelling Units and Junior Accessory Dwelling Units costs will be recouped by the Building Permit fee structure.
The Ordinance was presented for consideration at the January 26, 2022 Planning Commission meeting, and passed with a vote of 6-0, with one commissioner being absent.
City Council introduced the ordinance and waived the first reading on March 1, 2022.
Analysis:
SB 9 Regulations
SB 9 has two primary effects on City land use regulations. First, it requires cities to permit up to two primary residences on each parcel in an R-1 zone, where previously only one primary residence would be allowed. When combined with ADUs and JADUs, this means that a parcel in the R-1 zone could have up to 4 dwelling units.
Second, SB 9 requires cities to permit owners of R-1 lots to split their lots in half and create two separate smaller parcels, even if the resulting lot sizes are smaller than the minimum lot size otherwise allowed in the R-1 zone. New lots resulting from an SB 9 lot split may have up to two units on them, inclusive of ADUs and JADUs.
State law places several limitations on SB 9 units and lot splits, and these limitations are included in the proposed ordinance. They include (but are not limited to) the following:
SB 9 only applies in R-1 zones.
SB 9 does not apply to parcels that are located in or on certain kinds of protected farmland; wetlands; high fire severity zones (subject to some exceptions); hazardous waste sites; earthquake fault zones; flood hazard areas; habitat for protected species; or land under a conservation easement.
SB 9 does not apply to land located in a historic district. SB 9 does not allow developments that would result in the demolition or alteration of existing affordable or rental housing.
One off-street parking space is required per unit, with some exceptions. Units developed under SB 9 cannot be used as short-term rentals (less than 31 days). Parcels resulting from an SB 9 lot split must be at least 1,200 square feet and must be at least 40% of the original parcel size
The applicant for an SB 9 lot split must sign an affidavit stating that the applicant intends to occupy one of the housing units as their primary residence for a minimum of three years from the date of the approval of the lot split. No other owner-occupancy requirements may be imposed.
A city may deny a proposed SB 9 development project or lot split if the building official makes a written finding based upon a preponderance of the evidence, that the proposed project would have a specific adverse impact (as defined) upon public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
In addition to the regulations required by state law, the proposed ordinance would also establish the following supplemental regulations, which are allowed, but not required, by state law:
Units developed under SB 9 may be no larger than 1,200 square feet, unless they are located completely within an existing permitted structure, in which case there is no size limit. Applications for SB 9 units will be reviewed administratively through the zoning clearance process.
ADU/JADU Regulations
The proposed ordinance would establish the following regulations for ADUs and JADUs:
ADUs and JADUs are allowed in all zones that allow multifamily and/or single-family residences. Applications for ADUs and JADUs will be reviewed administratively through the zoning clearance process.
JADUs may only be up to 500 square feet and must be located within a single-family residence. Size limit for ADUs: (i) 1,200 square feet for detached ADUs; (ii) 1,200 square feet or 50% of the primary dwelling structure, whichever is less, for attached ADUs; and (iii) no size limit for ADUs located completely with an existing permitted structure. ADUs must include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.
JADUs must include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen (as defined). JADUs may include separate sanitation facilities or may share sanitation facilities with the primary residence.
JADUs and ADUs must have their own separate entrances. The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling.
In general, one parking space is required for each ADU; however, there are many significant exceptions to this requirement. The City cannot requirement parking spaces for JADUs. ADUs and JADUs cannot be used for short-term rentals (less than 31 days). The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure.
The proposed regulations comply with state law, create additional housing options in the City, and also impose reasonable regulations designed to preserve the character of existing neighborhoods to the extent allowed under state law.
Urban Lot Split Fee
Staff is proposing the Urban Lot Split fee to be equivalent to the existing Lot Line Adjustment fee due to the process and level of review being similar. The Urban Lot Split fee will be part of the City’s Use Fee Schedule and adjusted annually for inflation based on section 6-6.18.(l) of the Yuba City Municipal Code, and as needed for changes to service offered by the City. Currently, the fee is $877.82 adjusted annually.
Environmental Determination:
City staff has performed a preliminary environmental assessment and has determined that the adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed ordinance does not require any environmental review under CEQA.
Fiscal Impact:
Costs associated with Accessory Dwelling Units and Junior Accessory Dwelling units will be recouped by the existing Building Permit fee structure. Costs associated with Urban Lot Splits will be recouped by establishing an Urban Lot Split fee, which is equivalent to the existing Lot Line Adjustment fee of $877.82, adjusted annually.
Alternatives:
1. Reject staff recommendation.
2. Provide staff with modifications.
Recommendation:
A. Conduct a Public Hearing for the consideration of establishing an Urban Lot Split fee; and B. Adopt a Resolution establishing an Urban Lot Split Fee; then C. Adopt 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 second reading.
Attachments:
1. Senate Bill 9 and Accessory Dwelling Unit Ordinance Amendment
2. Resolution Establishing Urban Lot Split Fee
Prepared By: Submitted By:
Jaspreet Kaur
Assistant Planner
Diana Langley
City Manager
ATTACHMENT 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9, AND ADOPTING
AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill 9 (SB 9), which took effect on January 1, 2022. This bill requires the ministerial approval of two dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted, and requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel; and WHEREAS, the City Council desires to establish objective standards governing units and lots splits authorized by SB 9; and
WHEREAS, changes in state law require updates to the City’s regulations of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the Planning Commission considered this ordinance at its meeting on January 26, 2022, and made a recommendation to the City Council.
NOW THEREFORE, the City Council of the City of Yuba City does hereby ordain as follows:
SECTION 1. Recitals. The above recitals are incorporated by reference.
SECTION 2. CEQA. The City Council finds and determines that the adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed ordinance does not require any environmental review under CEQA.
SECTION 3. The definition of “Vesting tentative map,” currently codified in Section 8-
2.1317 of the Yuba City Municipal Code, is relocated to a new Section 8.2-1318, and a definition of “Urban lot split” is hereby added as Section 8-2.1317 of the Yuba City Municipal Code and shall read as follows (additions in bold underline):
Sec. 8-2.1317. - Urban lot split.
“Urban lot split” shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Article 16 of Chapter 2 of Title 8 (Urban Lot Splits).
SECTION 4. Article 16 (Urban Lot Splits) is hereby added to Chapter 2 of Title 8 of the Yuba City Municipal Code and shall read as follows (additions in bold underline):
Article 16. - Urban Lot Splits
Sec. 8-2.1601. - Purpose.
The purpose of this article is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7.
Sec. 8-2.1602. - Ministerial review; standard for denial. (a) Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this article.
(b) An application for an urban lot split shall be approved or denied by the City Engineer.
(c) The decision the City Engineer may be appealed in accordance with the provisions of Article 11 of Chapter 2 of Title 8.
(d) Notwithstanding subsection (a), the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Sec. 8-2.1603. - Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split:
(a) Shall be located in an R-1 zoning district;
(b) Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved;
(c) Shall only have residential uses located on it on the date the urban lot split is approved;
(d) Shall satisfy all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; (e) Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance;
(f) Shall not have been created through a previous urban lot split; and (g) Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the
urban lot split is proposed or any person acting in concert with the owner.
Sec. 8-2.1604. - Additional requirements.
(a) An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:
(1) Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision; and (2) Neither resulting parcel shall be smaller than 1,200 square feet. (b) An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 8-2.1606. (c) An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (3) A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(4) Housing that has been occupied by a tenant in the last three years.
(d) As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the City Attorney, stating that:
(1) The proposed urban lot split will not violate the requirements of subsection (c) of this section;
(2) Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and
(3) The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not
apply if the owner of the parcel is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(e) As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer.
(f) Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement. (g) The City shall not require as a condition of approval of an urban lot split:
(1) Dedications of rights-of-way or the construction of offsite improvements; or
(2) The correction of non-conforming zoning conditions existing on the parcel that will be divided.
(h) An urban lot split:
(1) Shall conform with all the requirements of the Subdivision Map Act; and
(2) Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this article, in which case the provisions of this article shall control.
Sec. 8-2.1605. - Limitations applicable to new parcels.
A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.
B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days.
Sec. 8-2.1606. - Limitation on number of units.
Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Section 8-5.5005
(Second units and two-unit developments), an accessory dwelling unit, or a junior accessory dwelling unit.
SECTION 5. The table in Section 8-5.502 is amended to include Accessory Dwelling Units, Junior Accessory Dwelling Units, Second Units, and Two-Unit Developments as permitted uses in One-Family Residence Districts, and footnote (4) and (5) are added, as follows (new text in bold underline, deleted text in bold strikethrough):
Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory buildings X Sec. 8-5.5001(c)
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Churches(4) X Sec. 8-5.5003(b)
Day care center(4) X
Day care home (small and
large)
X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the
site(4)
X
Golf course or country club(4) X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
One-family residence X
One-family residence (zero lot
line)
X Sec. 8-5.5001(e)
Parking lot for an off-site use(4) X Use occupies an
abutting property
Public parks and playgrounds(4) X
Public and quasi-public(4) X
Public utilities(4) X X Sec. 8-5.5107
Recreational facilities
(swimming pool, tennis courts
and a clubhouse)(4)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small) X
Residential care home (large) X
Second family residence X Sec. 8-5.5001(f)
Rotating church cold weather
shelter(4)
X Sec. 8-5.5002(d)
Second unit(5) X Sec. 8-5.5005
Swimming pool/spa X
Two-unit development(5) X Sec. 8-5.5005
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation. (4) Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Article 16 (Urban Lot Splits) of Chapter 2 of Title 8 of this code. (5) Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 8-5.5005(B)(3).
SECTION 6. The table in Section 8-5.602 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Two-Family Residence Districts, as follows (new text in bold underline):
Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory buildings X Sec. 8-5.5001(c)
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Churches X Sec. 8-5.5003(b)
Day care home (small and
large)
X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the site
X
Golf course or country club X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
One-family residence X
One-family residence (zero lot
line)
X Sec. 8-5.5001(e)
Parking lot for an off-site use X Use occupies an
abutting property
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107
Recreational facilities
(swimming pool, tennis courts
and a clubhouse)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small) X
Residential care home (large) X
Rotating church cold weather
shelter
X Sec. 8-5.5002(d)
Swimming pool/spa X
Two-family residence, or 2 onefamily residences X
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation.
SECTION 7. The table in Section 8-5.702 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Multiple-Family Residence Districts, as follows (new text in bold underline):
Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Boarding house X
Churches X
Condominiums X
Day care center X
Day care home (small and
large)
X
Emergency shelter X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the site
X
Golf course, country or health
club
X
Group residences X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
Multiple-family residences X
One-family residences X
Office (professional and
business)
X
Parking lot for an off-site use X Use occupies an
abutting property
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107
Recreational facilities
(swimming pool, tennis courts
and a clubhouse)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small
and large)
X
Rotating church cold weather
shelter
X Sec. 8-5.5002(d)
Senior congregate care facility X Sec. 8-5.7001(a)
Service and social clubs X
Skilled nursing and
intermediate care facilities
X Sec. 8-5.7001(a)
Studios for music, dancing and
art
X
Swimming pool/spa X
Two-family residence X
Townhouses X
Transitional housing X
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation.
SECTION 8. The table in Section 8-5.2502 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Agricultural Holding Districts, as follows (new text in bold underline, deleted text in bold strikethrough):
Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Agricultural processing(4) X
Bed and breakfast inn X
Day care center X
Day care home (small or large) X
Garage/yard sales X Sec. 8-5.5001(b)
Horticultural and truck
gardening activities with no onsite sales
X
Animal husbandry and livestock
farming(5)
X
Heliports X
Home occupation X Sec. 8-5.5002(a)
Mobile home X Sec. 8-5.5002(a)
One-family residence X
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107
Residential accessory buildings
(including guest houses)
X
Residential care home X
Seasonal fruit/vegetable
stands(6)
X
Second family residence X Sec. 8-5.5003(a)
Swimming pool/spa X
(1) The level of review is determined as provided in Section 8-5.7001. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation. (4) Temporary facilities for the processing of agricultural products grown on the same property.
(5) Limited to no more than one large animal per each .5 acre over one acre of lot area, and no more than 12 hen chickens, rabbits and similar small creatures per each .5 acre.
(6) Temporary stands for the sale of produce grown on the premises.
SECTION 9. Section 8-5.5001(f), “Second residence in the R-1 District,” is hereby deleted in its entirety.
SECTION 10. Section 8-5.5004 is hereby added to Article 50 of Chapter 5 of Title 8 and shall read as follows (new text in bold underline):
Sec. 8-5.5004. - Accessory dwelling units.
(a) Purpose. This section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions. (b) Definitions. For purpose of this Section, the following terms shall be defined as follows:
(1) “Multifamily dwelling” means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.
(2) “Single-family dwelling” means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.
(c) Review process. Applications for accessory dwelling units and junior accessory dwelling units pursuant to this section shall be processed ministerially, without discretionary review or a hearing, through the zoning clearance process within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (d) Consistency with density requirements, zoning, and general plan.
Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the lot on which they are located, and are a residential use consistent with the general plan and zoning designation of the lot on which they are located.
(e) General requirements.
(1) Location.
(A) An accessory dwelling unit shall be located within a proposed or existing single-family dwelling, or an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or shall be detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling; or shall be attached to a proposed or existing singlefamily dwelling. (B) An accessory dwelling unit located within a multifamily dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.
(C) A junior accessory dwelling unit shall be located
entirely within a proposed or existing single-family dwelling structure.
(2) Number of units.
(A) Up to one accessory dwelling unit and one junior
accessory dwelling unit are allowed on any lot with one or more existing or proposed single-family residences.
(B) One, but not both, of the following options is permitted on a lot with an existing multifamily residence:
(i) Up to two detached accessory dwelling units; or
(ii) Accessory dwelling units within the multifamily
dwelling, as follows: The amount of accessory dwelling
units allowed within a multifamily dwelling shall be
equal to 25 percent of the amount of units in the
multifamily dwelling, provided that fractional units shall be rounded down, and at least one accessory dwelling
unit shall be allowed in each multifamily dwelling
structure. For example, one accessory dwelling unit is
allowed in a multifamily dwelling structure with seven
or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units.
(C) If a lot has both one or more existing or proposed
single-family residences and an existing multifamily
residence, the owner of the lot may elect to develop the lot under either subsection (e)(2)(A) or subsection (e)(2)(B), but not both. The owner’s election shall be noted on any
development permit issued by the City and in the deed
restriction required by subsection (h), and all future
development of accessory dwelling units and junior accessory dwelling units on the lot shall be bound by such election. (D) Notwithstanding any other provision in this Section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 8-
2.1606.
(3) Required facilities.
(A) Accessory dwelling units shall include complete
independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation, including a kitchen and bathroom.
Notwithstanding the previous sentence, an accessory dwelling unit located completely within an existing primary dwelling, including an attached garage, is not required to have a bathroom, if the accessory dwelling unit has direct interior access to a full bathroom (including a toilet and bath or shower) in the existing primary dwelling, and meets all requirements of the building code and all other requirements of this Section.
(B) Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.
(4) Separate entrances. Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence. However, no passageway to the unit is required. For purposes of this subsection (e)(4), a “passageway” has the definition given in Government Code Section 65852.2(j), as may be amended.
(5) Development standards.
(A) Accessory dwelling units and junior accessory dwelling units shall comply with the development standards in Table 8-
5.5004(A) (Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units).
Table 8-5.5004(A): Development Standards For Accessory Dwelling Units and Junior Accessory Dwelling Units
Feature Standard
Maximum Size (Floor Area)
Accessory Dwelling Units Detached from Primary Dwelling:
1,200 square feet
Attached to or within Primary
Dwelling: 50% of the floor area of
the existing or proposed primary
dwelling structure[1] or 1,200 square
feet, whichever is less
Junior Accessory Dwelling
Units
500 square feet
Setback – Front[2] Same as required for primary
residence
Setback – Side/Rear[2] 4 feet[3]
Maximum Height[4] One-Story ADU: Up to 16 feet from
ground level.
Second-Story ADU: An ADU may be
built on top of a one-story detached
garage or other one-story detached
structure in the R-1, R-2, or R-3
zones, but may not exceed the
maximum building height for a
primary residence allowed in the
zone. For second-story ADUs in the
R-1 zone, the second story (but not
the first story) of the structure must
meet the setback requirements in
Section 8-5.503.
Two-Story ADU: Not permitted
Minimum Lot Size None
[1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an accessory dwelling unit or junior accessory dwelling unit that is within or attached to the primary dwelling.
[2] Notwithstanding the Table, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where:
(i) the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990; and (ii) the conversion or new construction will have the
same dimensions as the existing structure.
[3] If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than four feet if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than one hundred and fifty (150) square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. If the expansion will be greater than 150 square feet or will be for a purpose other than facilitating entrance to and exit from the accessory dwelling unit, then the four-foot side and rear set back will apply.
[4] This maximum height requirement only applies to new construction. If an accessory dwelling unit or junior accessory dwelling unit will be located completely within an existing structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.
(B) Except as provided in Table 8-5.5004(A), accessory
dwelling units and junior accessory dwelling units shall comply with all building and development standards
applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to subsection (e)(5)(C), below.
(C) If the applicable maximum lot coverage requirement, or a floor area ratio or open space requirement (if any), or the 50% size ratio imposed in Table 8-5.5004(A), would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred (800) square feet and 16 feet in height, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred (800) square feet and 16 feet in height, provided that the unit shall comply will all other development
standards.
(D) Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary dwelling unit.
(E) Notwithstanding any other provision of this code,
approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property.
(F) Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued.
(G) Utility connections shall be established in accordance with Chapters 5 and 6 of Title 6 of this code; provided, that the City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory
dwelling unit was constructed with a new single-family home. (H) If a manufactured home is used as an accessory
dwelling unit, it shall comply with the standards in Section 8-
5.5002(a).
(f) Design standards. The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling.
(g) Parking requirements.
(1) One on-site parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (g)(3).
(2) No additional parking spaces are required for a junior accessory dwelling unit.
(3) Notwithstanding subsection (g)(1), no additional parking is
required for accessory dwelling units in the following circumstances:
(A) The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in
Government Code Section 65852.2(j), as may be amended.
(B) The accessory dwelling unit is located within an
architecturally and historically significant historic district. (C) The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(4) Off-street parking may be provided in setback areas in locations determined by the Development Services Director or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.
(5) Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.
(h) Deed restriction. The approval of a junior accessory dwelling unit or an accessory dwelling unit (if applicable) will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the City on the property where the unit is, or will be, located.
The covenant shall be approved by the City Attorney and the Development Services Director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:
(1) For junior accessory dwelling units:
(A) A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the unit that
conforms to Government Code Section 65852.22, including the owner-occupancy requirement pursuant to subsection (j). (2) For accessory dwelling units:
(A) A statement of the election made under subsection
(e)(2)(C), if any. If no election has been made, then no deed restriction is required.
(i) Sale and rental of units.
(1) Except as provided in Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence. (2) An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days.
(j) Owner occupancy for junior accessory dwelling units. The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owneroccupancy is not required if the owner is a government agency, land trust, or housing organization.
SECTION 11. Section 8-5.5005 is hereby added to Article 50 of Chapter 5 of Title 8 and shall read as follows (new text in bold underline):
Section 8-5.5005. - Second units and two-unit developments. (a) Purpose. The purpose of this section is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.
(b) Ministerial review; standard for denial.
(1) Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.
(2) An application for a second unit or a two-unit development shall be reviewed by the Development Services Director through the zoning clearance review process, subject to applicable fees.
(3) Notwithstanding subsection (1), the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or twounit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(c) General requirements. Proposed second units and two-unit developments:
(1) Shall be located in the R-1 zoning district;
(2) Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4;
(3) Shall not require or allow the demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years;
(4) Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; (5) Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and
(6) Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance.
(d) Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:
(1) Configuration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections (c)(3) and (c)(4). (2) Size. A second unit, and both of the units in a two-unit development, shall be no larger than 1,200 square feet in floor area each.
(3) Height. A second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height from ground level and shall be one-story. This maximum height requirement only applies to new construction. If a second unit will be located completely within an existing permitted structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.
(4) Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines.
(5) Parking.
(A) One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development.
(B) Notwithstanding subsection (d)(5)(A), no parking
spaces are required for a second unit or a two-unit
development if either:
(i) The parcel is located within one-half mile
walking distance of either a high-quality transit
corridor, as defined in subsection (b) of Public
Resources Code Section 21155, or a major transit stop,
as defined in Public Resources Code Section 21064.3;
or
(ii) There is a car share vehicle located within one
block of the parcel.
(6) Separate entrances. A second unit, and both of the units in a two-unit development, shall have a separate entrance.
(7) Wastewater.
(A) Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
(B) Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
(8) Additional development standards. Except as provided in subsections (d)(1) through (d)(7), second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.
(9) Limitation on enforcement of development standards. With the exceptions of the setback requirements in subsection (d)(4) and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.
(e) Total number of units.
(1) This Section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units.
(2) Notwithstanding any other provision in this Section, the approval of second units and two-unit developments on a parcel that
was created through an urban lot split shall be limited as described in Section 8-2.1606.
(f) Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel. (g) Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than thirty-one (31) consecutive days.
SECTION 12. The residential section of the table in Section 8-5.6102 is revised as follows (new text in bold underline, deleted text in bold strikethrough):
Residential Number of Spaces
One-family residence 2 spaces per unit.
Two-family residence 2 spaces per unit.
Mobile home parks 2 spaces (may be tandem) per unit. Plus 1 space for each 5 units for guest parking.
Multiple-family residences 1 space per studio apartment or 1 bedroom dwelling unit; 1.5 spaces per 2 bedroom dwelling unit; and 2 spaces per 3 or more bedroom dwelling unit. Plus 1 guest space for each 10 units.
Rooming houses, boarding
houses, and bed and
breakfast facilities
2 spaces, plus 1 space per room for rent.
Accessory dwelling unit See requirements in Section 8-5.5004.
Accessory dwelling unit,
junior
See requirements in Section 8-5.5004.
Second unit or two-unit
development
See requirements in Section 8-5.5005.
Second one-family residence in the R-1 District:
Housing with at least 1
resident required to be 62
years of age or older
1 space.
Containing only 1
bedroom
1 space.
Containing two or more
bedrooms
2 spaces.
Senior citizen housing
projects
.6 of a space per dwelling unit for those projects restricted to tenants who are either 62 years of age or older, or are handicapped; or
Senior citizen congregate care facility parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens, including, but not limited to, medical offices, shopping areas, transit availability, etc.
SECTION 13. A definition of “Accessory dwelling unit” is added to Article 80, “Definitions,” and Section 8-5.8002 is renumbered to Section 8-5.8002a and revised, as follows (new text in bold underline):
Sec. 8-5.8002. - Accessory dwelling unit.
An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with proposed or existing primary residence. An accessory dwelling unit includes (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted to be consistent with the definition for “accessory dwelling unit” in Government Code Section 65852.2.
Sec. 8-5.8002a. - Accessory use.
A use that is incidental or subordinate to the existing primary use, is located upon the same lot, and does not alter the character of the principal use.
SECTION 14. A definition of “Junior accessory dwelling unit” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” and Section 8-5.8029 is renumbered to Section 8-5.8029a, as follows (new text in bold underline):
Sec. 8-5.8029. - Junior accessory dwelling unit.
A residential dwelling unit that is no more than 500 square feet in size and is contained within a single-family residence. This definition shall be interpreted to be consistent with the definition for “junior accessory dwelling unit” in Government Code Section 65852.22.
Sec. 8-5.8029a. - Junk.
Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out, inoperable or wrecked object, vehicle, thing or material composed in whole or in part of asphalt, brick, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no reasonably realistic market value or requiring reconditioning in order to be used for its original purpose.
SECTION 15. A definition of “Second unit” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” and Section 8-5.8053 is renumbered to Section 8-5.8053a, as follows (new text in bold underline):
Sec. 8-5.8053. - Second unit.
A second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit.
Sec. 8-5.8053a. - Senior congregate care facility.
A facility providing residence for senior citizens 60 years of age or more or handicapped people of any age. Care may include central kitchen and dining, laundry, recreational activities, etc. with separate bedrooms or living quarters.
Nursing is not provided on a 24-hour basis.
SECTION 16. A definition of “Two-unit development” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” as follows (new text in bold underline):
Sec. 8-5.8064a. - Two-unit development.
The simultaneous development of two new residential dwelling units on a parcel with no existing residential dwelling units other than an accessory dwelling unit.
SECTION 17. Section 8-5.8066 (definition of “Use, accessory”) is hereby deleted.
SECTION 18. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 19. Submission to Department of Housing and Community Development.
Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to the Department of Housing and Community Development within 60 days after adoption.
SECTION 20. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.
This Ordinance was introduced on March 1, 2022, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting March 15, 2022, by the following vote:
AYES: Council Member(s):
NOES: Council Member(s):
ABSENT: Council Member(s):
______________________________
Dave Shaw, Mayor
City of Yuba City
Attest:
___________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
__________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
ESTABLISHING THE URBAN LOT SPLIT FEE IN ACCORDANCE WITH THE
YUBA CITY MUNICIPAL CODE
WHEREAS, on March 20, 2007, the City Council repealed and reenacted Chapter 8 of Title 3 of the Yuba City Municipal Code now entitled User Fee Recovery System; and WHEREAS, on March 20, 2007, the City Council adopted Resolution No. 07-25 updating the Schedule of Fees and Charges for City Services (“User Fee Schedule”); and WHEREAS, the City desires to add an Urban Lot Split fee to comply with Senate Bill 9, which allows up to two primary dwelling units per parcel in single-family residential zones; and WHEREAS, the Urban Lot Split Fee will be adjusted annually based on section 6-6.18.(l) of the Yuba City Municipal Code, for inflationary changes in accordance with Sec. 3-8.02 (d) of the Yuba City Municipal Code and as needed for changes to services offered by the City; and WHEREAS, the City Council of the City of Yuba City has enacted adding Article 16 to Chapter 2 of Title 8, adding Sections 8-5.5004 and 8-5.5005 to Title 8, and making associated amendments to the Municipal Code;
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
The established cost for Urban Lot Split is to be $877.82.
And the Finance Director is hereby authorized to amend and update the City’s User Fee Schedule and adjust annually for inflation based on section 6-6.18.(l) of the Yuba City Municipal Code, and as needed for changes to service offered by the City.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th 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
Agenda Item 13
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Police Department
Presentation By: Brian Baker, Police Chief
Summary
Subject: Police Services Analyst Position in the Police Department and Rules and Regulations Amendment
Recommendation: Adopt a Resolution authorizing:
A. Amend the Rules and Regulations providing for temporary, extra-help employees to have the ability to apply for internal recruitment B. Amend the Police Department Personnel Summary adding the classification of Police Services Analyst
C. Corresponding change to the publicly-available salary schedule Fiscal Impact: The annual cost for Salary and Benefits for the Police Services Analyst is $102,700.
Purpose:
To add the position of Police Services Analyst to the Police Department’s budget and to amend the City’s Rules and Regulations to provide for temporary, extra-help employees to apply for internal recruitments.
Council’s Strategic Goal:
Public Safety
Background
Currently the Police Department is using a part-time position to administer duties related to training, redaction of certain audio and video recordings, gathering of recordings for administrative investigations, auditing the department’s Racial Identity Profiling Act (RIPA) program, and other administrative tasks.
Due to the passage of several legislative mandates there is a need for a full-time employee to handle these tasks which are essential for the Police Department. The legislative acts include, SB 1421 (Release of Certain Police Officer Personnel Records), SB 2 (Decertification of Peace Officers for certain offenses or events - effective January 1, 2023 but is retroactive to January 1, 2020), and AB 748 (Video and Audio Recordings Disclosure Act) which mandates the release of
video and audio recordings within a specific time frame when certain levels of force are used by officers.
In addition to the legislative mandates, the California Commission on Peace Officer Standards and Training (POST) has increased the frequency by which our POST certified courses need to be updated with current and relevant information. This task is currently being handled by a Division Commander and is not an effective use of their time.
Most of the City departments utilize temporary, extra-help employees to accomplish work. Some of these temporary, extra-help employees have successfully applied for a full-time position through the external recruitment process. Hiring employees as temporary, extra-help allow both the employee and the City time to train and establish a relationship that can transition to a full time permanent appointment with the City. Please note: there is a temporary, extra-help employee in the Police Department who has been completing some of the above listed duties.
Analysis
While the part-time position has provided some relief, the need for a full-time analyst position in the Police Department is necessary as the duties and responsibilities exceed the part-time position’s capacity. The Police Services Analyst will take over the day-to-day management of all training activities for the entire department as they relate to POST. This newly created position would also be responsible for seeking reimbursement for POST required training activities. For reference, since January 2020 the Police Department has received approximately $88,607 in training reimbursements from POST. This position is being requested outside of the normal budget cycle because the workload has exceeded the capabilities and legal time constraints that we have for part-time employees. If the position is not filled at this time, the part time person will run out of hours and the work will have to go undone or distributed to staff that is already at capacity with the tasks and projects they are assigned.
Over the last few years, the job market has changed tremendously and it is more difficult to recruit and retain quality candidates. Additionally, temporary, extra-help workers have received a valuable training experience, while at the same time the City has had a unique opportunity to assess their skill sets and compatibility with our team. Staff is recommending that temporary, extra-help employees who (1) are currently employed by the City, (2) in all temporary/extra roles combined, have worked for the City for over a year (cumulatively), and (3) meet the minimum qualifications for an open position, will be able to apply for internal recruitments that are being made available city-wide and as well as department-only recruitments. 1) Effective March 26, 2022, add a Police Services Analyst (Police Officers’ Association)
1 2 3 4 5
JCN 4,314 4,530 4,756 4,994 5,244
TBD 24.89 26.13 27.44 28.81 30.25
1 2 3 4 5 6 7 8 9
JCN 4,314 4,422 4,530 4,643 4,756 4,875 4,994 5,119 5,244 TBD 24.89 25.51 26.13 26.79 27.44 28.13 28.81 29.53 30.25 Staff has communicated with the affected bargaining unit, Police Officers’ Association.
2) Direct staff to make corresponding change to the publicly available salary schedule for Council approval at upcoming meeting.
3) Amend Rules and Regulations to allow temporary, extra-help employees who work for the City continuously for one-year and are currently employed to apply for internal recruitments.
Fiscal Impact:
The funding from this position will come from not filling a vacant CSO position ($96,600), and eliminating the part time position that is currently filled ($19,400), totaling $116,000 . The annual cost for Salary and Benefits for the Police Services Analyst position is $102,700. There is no additional funding needed for FY 21/22.
Alternatives
1. Do not approve the recommended Police Services Analyst position.
2. Do not approve the Rules and Regulations amendment.
3. Provide City staff direction.
Recommendation:
Adopt a Resolution authorizing:
A. Amend the Rules and Regulations providing for temporary, extra-help employees to apply for internal recruitments
B. Amend the Police Department Personnel Summary adding the classification of Police Services Analyst
C. Corresponding change to the publicly available salary schedule Attachments:
1. Police Services Analyst Resolution
2. 3-15-22 Salary Schedule - POA
Prepared By: Submitted By:
Brian Baker
Police Chief
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE POLICE DEPARTMENT
PERSONNEL SUMMARY ADDING THE POLICE SERVICES ANALYST
CLASSIFICATION AND AMEND RULES AND REGULATIONS
WHEREAS, the City recognizes the Police Department needs of a fulltime position to handle tasks associated with legislative mandates and training needs; WHEREAS, the Police Services Analyst is an appropriate title for the position in the Police Department;
WHEREAS, in order to expeditiously recruit and retain, amend the Rules and Regulations to permit currently employed temporary, extra-help positions the ability to apply for internal recruitments;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
SECTION I.
Approve modification of the City’s salary schedule to reflect the Police Services Analyst. 1 2 3 4 5
JCN 4,666 4,899 5,144 5,401 5,671
TBD 26.92 28.26 29.68 31.16 32.72
1 2 3 4 5 6 7 8 9
JCN 4,666 4,783 4,899 5,022 5,144 5,273 5,401 5,536 5,671 TBD 26.92 27.59 28.26 28.97 29.68 30.42 31.16 31.94 32.72 The addition is effective March 26, 2022.
SECTION II.
Amend the Rules and Regulations to permit temporary, extra-help employees who (1) are currently employed by the City, (2) in all temporary/extra roles combined, have worked for the City for over a year (cumulatively), and (3) meet the minimum qualifications for an open position, to apply for internal recruitments that are being made available city-wide and as well as department-only recruitments effective March 26, 2022.
SECTION III.
The Director of Finance is hereby authorized to make the necessary salary schedule, salary appropriation and budget modifications to implement the provisions of this 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 15th day of March 2022.
AYES:
NOES:
ABSENT:
_______________________
Dave Shaw, Mayor
Attest:
___________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
________________________
Stacey Sheston
BB&K, Special Counsel
3/4/20221:16 PM
Police Officers Association
Bargaining
JCN CLASSIFICATION Group 1 2 3456
2005 ADMINISTRATIVE ASSISTANT PD 4,155 4,363 4,581 4,810 5,050 Monthly
23.97 25.17 26.43 27.75 29.13 Hourly
2040 COMMUNITY POLICING COORDINATOR PD 4,097 4,302 4,517 4,743 4,980 Monthly
23.64 24.82 26.06 27.36 28.73 Hourly
2130 COMMUNITY SERVICE OFFICER PD 4,043 4,245 4,457 4,680 4,914 Monthly
23.33 24.49 25.71 27.00 28.35 Hourly
2125 COMMUNITY SERVICE OFFICER - LEAD PD 4,562 4,790 5,030 5,282 5,546 Monthly
26.32 27.63 29.02 30.47 32.00 Hourly
2150 FIELD SERVICE TECHNICIAN PD 4,097 4,302 4,517 4,743 4,980 Monthly
23.64 24.82 26.06 27.36 28.73 Hourly
2200 POLICE OFFICER PD 5,414 5,685 5,969 6,267 6,580 6,909 Monthly
31.23 32.80 34.44 36.16 37.96 39.86 Hourly
2120 POLICE RECORDS CLERK PD 3,427 3,598 3,778 3,967 4,166 Monthly
19.77 20.76 21.80 22.89 24.03 Hourly
2160 POLICE RECORDS CLERK - LEAD PD 3,800 3,990 4,190 4,400 4,620 Monthly
21.92 23.02 24.17 25.38 26.65 Hourly
2190 POLICE RECRUIT PD 4,710 4,946 5,193 - - Monthly
27.17 28.53 29.96 - - Hourly
2110 PUBLIC SAFETY DISPATCHER I PD 3,815 4,006 - - - Monthly
22.01 23.11 - - - Hourly
2140 PUBLIC SAFETY DISPATCHER II PD 4,490 4,714 4,950 5,197 5,457 Monthly
25.90 27.20 28.56 29.98 31.48 Hourly
2180 PUBLIC SAFETY DISPATCHER III PD - - - 5,712 5,998 Monthly - - - 32.95 34.60 Hourly
POLICE SERVICES ANALYST PD 4,666 4,899 5,144 5,401 5,671 Monthly
26.92 28.26 29.68 31.16 32.72 Hourly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE MARCH 15, 2022
SALARY STEPS
DRAFT 3-15-22 Salary Schedule - Police Services Analyst v2
3/4/20221:16 PM
Assignment of an employee in the Police Officer classification to the Investigation Division and/or Net Unit shall include a seven and one half (7.5) percent compensation above the appropriate Police Officer salary step for the period of the temporary assignment and shall be designated as follows:Additional (or Other) Pensionable Compensation for New Members (PEPRA) 2230 POLICE OFFICER (INVEST) PD 5,819 6,110 6,416 6,737 7,074 7,428
33.57 35.25 37.02 38.87 40.81 42.85
Police Officers designated as Field Training Officers by the Police Chief shall receive five (5) percent additional compensation (calculated from their base hourly wage) while so assigned to the Departments Training Program.Additional (or Other) Pensionable Compensation for New Members (PEPRA) 2210 POLICE OFFICER (FTO) PD 5,685 5,969 6,267 6,580 6,909 7,255
32.80 34.44 36.16 37.96 39.86 41.86
Pensionable Compensation for New Members (PEPRA)
MOU Article 2.5 - Education Incentive - Education Incentive pay for sworn personnel shall be base pay cumulative but not compounded.
The cap for employees with an Advanced POST certificate shall be 10%.Sworn Personnel shall receive education incentive as follows:
AA or AS degree 2.50%
BA or BS degree 7.50%
POST Intermediate Certificate 2.50%
POST Advance Certificate 7.50%
ALL non-sworn POA personnel shall receive education incentive pay as follows:
AA or AS degree 2.50%
BA or BS degree 5.00%
Dispatcher I/II/III only will also receive education incentive pay as follows:
POST Public Safety Dispatch Intermediate 2.50%
POST Public Safety Dispatch Advance 2.50%
Education Incentive pay for non-sworn personnel shall be base pay cumulative but not compounded and shall have a 7.5% cap for all classifications.MOU Article TBD - Longevity Pay Longevity Pay for all POA personnel shall be base pay cumulative but not compounded.Longevity Pay shall be received as follows based on time in service at the City of Yuba City:
Upon completion of 10 years of service 2.50%
Upon completion of 15 years of service 5.00%Upon completion of 20 years of service 7.50% MOU Article 2.6 - Bilingual PaySworn and non-sworn employees who are certified as bilingual will receive a bilingual pay incentive of $100 per month:MOU Article 2.7 - Holiday PayOfficers assigned to regular patrol shifts and public safety dispatchers shall receive straight time pay for 7.33 hours per month,paid and computed on a bi-weekly basis in lieu of time off.MOU Article 2.9 - Field Training OfficerCommunity Service Officers and Dispatcher II employees designated as Field Training Officers shall receive five percent (5%)additional compensation (calculated from their base hourly wage) on an hour per hour basis.MOU Article 2.13 - Canine Unit Employees assigned as canine handlers will be compensated at the hourly rate of legal minimum wage for up to seven (7) hours per week that the officer is so assigned.MOU Article 2.4 - Traffic Division (effective September 28, 2019)Employees assigned to the Traffic Division shall receive five percent (5%)hazard pay (calculated from their base hourly wage) on an hour per hour basis.
DRAFT 3-15-22 Salary Schedule - Police Services Analyst v2
3/4/20221:16 PM
EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PS - Police Sergeant FM - Fire Management DRAFT 3-15-22 Salary Schedule - Police Services Analyst v2
3/4/20221:16 PM
POA (EXCLUDING POLICE OFFICERS AND DISPATCH) - EMPLOYEES HIRED ON OR AFTER MARCH 3, 2018 Police Officers Association
Bargaining
JCN CLASSIFICATION Group 1 2 3456789
2405 ADMINISTRATIVE ASSISTANT PD 4,155 4,259 4,363 4,472 4,581 4,696 4,810 4,930 5,050 Monthly
23.97 24.57 25.17 25.80 26.43 27.09 27.75 28.44 29.13 Hourly 2440 COMMUNITY POLICING COORDINATOR PD 4,097 4,200 4,302 4,410 4,517 4,630 4,743 4,861 4,980 Monthly
23.64 24.23 24.82 25.44 26.06 26.71 27.36 28.04 28.73 Hourly 2530 COMMUNITY SERVICE OFFICER PD 4,043 4,144 4,245 4,351 4,457 4,569 4,680 4,797 4,914 Monthly
23.33 23.91 24.49 25.10 25.71 26.36 27.00 27.68 28.35 Hourly 2525 COMMUNITY SERVICE OFFICER - LEAD PD 4,562 4,676 4,790 4,910 5,030 5,156 5,282 5,414 5,546 Monthly
26.32 26.98 27.63 28.33 29.02 29.75 30.47 31.23 32.00 Hourly 2550 FIELD SERVICE TECHNICIAN PD 4,097 4,200 4,302 4,410 4,517 4,630 4,743 4,861 4,980 Monthly
23.64 24.23 24.82 25.44 26.06 26.71 27.36 28.04 28.73 Hourly 2520 POLICE RECORDS CLERK PD 3,427 3,513 3,598 3,688 3,778 3,873 3,967 4,066 4,166 Monthly
19.77 20.27 20.76 21.28 21.80 22.34 22.89 23.46 24.03 Hourly 2560 POLICE RECORDS CLERK - LEAD PD 3,800 3,895 3,990 4,090 4,190 4,295 4,400 4,510 4,620 Monthly
21.92 22.47 23.02 23.60 24.17 24.78 25.38 26.02 26.65 Hourly POLICE SERVICES ANALYST PD 4,666 4,783 4,899 5,022 5,144 5,273 5,401 5,536 5,671 Monthly
26.92 27.59 28.26 28.97 29.68 30.42 31.16 31.94 32.72 Hourly
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE MARCH 15, 2022
SALARY STEPS
DRAFT 3-15-22 Salary Schedule - Police Services Analyst v2
3/4/20221:16 PM
Pensionable Compensation for New Members (PEPRA)
MOU Article 2.5 - Education Incentive - ALL non-sworn POA personnel shall receive education incentive pay as follows:
AA or AS degree 2.50%
BA or BS degree 5.00%
Education Incentive pay for non-sworn personnel shall be base pay cumulative but not compounded and shall have a 7.5% cap for all classifications.MOU Article TBD - Longevity Pay Longevity Pay for all POA personnel shall be base pay cumulative but not compounded.Longevity Pay shall be received as follows based on time in service at the City of Yuba City:
Upon completion of 10 years of service 2.50%
Upon completion of 15 years of service 5.00%Upon completion of 20 years of service 7.50% MOU Article 2.6 - Bilingual PayNon-sworn employees who are certified as bilingual will receive a bilingual pay incentive of $100 per month:MOU Article 2.9 - Field Training OfficerCommunity Service Officers designated as Field Training Officers shall receive five percent (5%)additional compensation (calculated from their base hourly wage) on an hour per hour basis.
EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PS - Police Sergeant FM - Fire Management DRAFT 3-15-22 Salary Schedule - Police Services Analyst v2
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Phil Marler
Summary
Subject: Water Treatment Plant Operator III Limited Term Position Recommendation: A. Adopt a Resolution approving one (1) limited term Water Treatment Plant Operator III (LT) position in the Public Works Department for a period not to exceed three (3) years and approving a side letter with Public Employees’ Local 1 regarding the representation of the Water Treatment Plant Operator III Limited Term employee
B. Authorize a supplemental appropriation and related transfers in the amount of $40,000 from unallocated water funds to Account No. 7120 (Water Treatment Plant Operating Budget) for Fiscal Year 21/22 salary and benefits for the Water Treatment Plant Operator III limited term position
Fiscal Impact: $324,500 (estimated) – Account No. 7120 (WTP) salary and benefits budget $105,900 – Year 1
$108,200 – Year 2
$110,400 – Year 3
Purpose:
To provide necessary employee development and succession planning for long-term operational compliance at the Water Treatment Plant.
Council’s Strategic Goal:
This item addresses the City Council’s Strategic Goal of Public Safety 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 state-certified safe drinking water.
Background:
The City’s Water Treatment Plant requires an operator with a minimum Drinking Water Treatment 3 (T3) certification operating the plant at all times in order to remain compliant with regulations from the State Water Resources Control Board. The T3 certification represents a significant training and experience level which allows for individual operational accountability; therefore, there are few T3- certified operators in the region and the field is highly competitive.
Three (3) long-term City operators with the required certifications are currently eligible and are planning to retire. These dedicated employees, Public Works management, Public Employees’ Local 1 (Local 1), and Human Resources have worked collaboratively over the last several months to develop innovative approaches to recruit and train appropriate replacement staff for the Water Treatment Plant operations team.
Analysis:
As one such approach, the Public Works Department is requesting the addition of a “limited term” Water Treatment Plant Operator III (LT) position in order to allow an additional T2-certified operator to gain the necessary training and work experience under the City’s current operators to earn their T3 certification. While the Department intends to initially underfill the position as a Water Treatment Plant Operator II, with a minimum qualification of a T2 certification, budgeting as an Operator III allows room for growth in the limited term position should the incumbent receive their T3 and distribution certifications and meet the Operator III minimum qualifications prior to the end of the limited term period.
While this additional operator is not needed for the minimum plant staffing requirements at this time, the limited term position would allow the Department to maximize the retiring operations staff’s remaining time with the City to effectively train a new operator for the City’s Water Treatment Plant. The City recently completed an operator recruitment; the active Water Treatment Plant Operator II/III/IV certification list would allow the requested position to be quickly filled in order to quickly begin this training process.
Staff recommends a limited term position period of three (3) years, which will allow the incumbent (or series of incumbents) the appropriate time and support to meet the State Water Resources Control Board’s minimum qualifications for full T3 certification (Attachment 3). At the end of the limited term period, the incumbent would meet the City’s requirements for a Water Treatment Plant Operator III and could potentially replace the outgoing staff. Should any of the current operations staff retire or leave City employment during the limited term period, staff is proposing to have the ability to, but not be required to, appoint directly from the limited term position to the regular Water Operator III position. If the limited term position incumbent fills the vacant regular position, which is flexibly staffed based on operator qualifications, then the limited term position could be re-filled with a new candidate to prepare for the additional future vacancies.
Although limited term positions are unrepresented by Local 1, Local 1 has requested to represent the Water Treatment Plant Operator III, Limited Term position. As such, staff produced a side letter to facilitate these requests, which was approved and executed by Local 1 (Exhibit 1A). The side letter will expire on March 14, 2025 with the expiration of the limited term position for the Water Treatment Plant Operator III (LT).
Fiscal Impact:
The total cost for the three-year period is estimated at $324,500; $222,300 for salary and $102,200 for benefits (Attachment 2). Depending on the timeline for recruitment and placement, staff is anticipating a salary and benefits cost of up to $40,000 for the remainder of Fiscal Year 21/22 and is requesting a supplemental appropriation from unallocated water funds to fund this unanticipated operating expenditure; there is approximately $7.3 million in the unallocated water fund. The costs for Fiscal Years 22/23-24/25 will be incorporated into the annual budgets.
While this position is budgeted at an Operator III level in order to appropriately compensate the employee should they obtain their T3 certificate within the three-year period, the impact is likely to be
less, as the operator salary schedule is based on certification.
Alternatives:
Do not approve the position now and direct staff to submit the requested position through the Fiscal Year 22/23 budget process. This would result in a time delay which may impact the ability of the existing staff to satisfactorily train the incumbent within the necessary timeframe. This alternative would also require the additional costs and time of a new recruitment, as the existing WTP Operator certification list will expire on June 3, 2022.
Recommendation:
A. Adopt a Resolution approving one (1) limited term Water Treatment Plant Operator III (LT) position in the Public Works Department for a period not to exceed three (3) years and approving a side letter with Public Employees’ Local 1 regarding the representation of the Water Treatment Plant Operator III Limited Term position.
B. Authorize a supplemental appropriation and related transfers in the amount of $40,000 from unallocated water funds to Account No. 7120 (Water Treatment Plant Operating Budget) for Fiscal Year 21/22 salary and benefits for the Water Treatment Plant Operator III limited term position.
Attachments:
1. Resolution - Water Treatment Plant Operator III Limited Term Position
2. Local 1 Side Letter - Water Treatment Plant Operator III Limited Term Position
3. Cost Estimate - Water Treatment Plant Operator III Limited Term Position
4. Water Board Min Qualifications - Water Treatment Plant Operator III Limited Term Position 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 APPROVING ONE (1) LIMITED TERM WATER TREATMENT PLANT
OPERATOR III IN THE PUBLIC WORKS DEPARTMENT FOR A PERIOD NOT TO EXCEED THREE (3) YEARS AND APPROVING ADDITION OF SUCH LIMITED TERM POSITION TO LOCAL 1 BARGAINING UNIT
WHEREAS, the protection of the public health, safety, and welfare of the residents and customers of the City of Yuba City is of the utmost concern to the City Council, the Public Works Department, and the taxpayers alike; and
WHEREAS, the City must employ well-trained and Drinking Water Treatment 3-certified operators in order to meet the necessary staffing requirements to operate the City’s Water Treatment Plant in accordance with the regulations of the State Water Resources Control Board; and
WHEREAS, it is crucial for the City to prepare for the retirement and succession of operations staff through employee development and the bequest of institutional knowledge.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
SECTION l:
Effective March 15, 2022, The Public Works Department is authorized one (1) limited term Water Treatment Plant Operator III position for a period not to exceed three (3) years, expiring March 14, 2025.
SECTION ll:
The Finance Director is hereby authorized to make a supplemental appropriation and related transfers in the amount of $40,000 from unallocated water funds to Account No. 7120 (Water Treatment Plant Operating Budget) for Fiscal Year 21/22 salary and benefits for the Water Treatment Plant Operator II limited term position.
SECTION III
The attached side letter amending Exhibit A to the MOU between the City and Local 1 to add the limited term position to the Local 1 bargaining unit temporarily, until the position is automatically deleted at the end of the three-year period, is approved.
The forgoing 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 15th 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
EXHIBIT 1A
Appendix “A” Recognition
Account Clerk Account Clerk – Intermediate
Account Clerk – Senior Accounting Technician
Accountant I Administrative Analyst I
Administrative Assistant Administrative Clerk I/II/III
Administrative Technician Animals Services Officer I/II Arborist, Senior Building Inspector I/II
Building Maintenance Worker I/II Code Enforcement Officer Community Development Technician I/II Construction Inspector Custodian I/II Customer Services Representative I/II
Customer Services Representative – Senior Electrical Technician I/II and III Engineer – Assistant Civil Engineering Technician I/II and III Engineering Technician GIS Environmental Compliance Inspector Facility Aide Field Customer Service Representative I/II Housing Program Analyst I Information Systems Technician I/II Instrumentation Technician I/II/III Kennel Attendant I/II Kennel Care Technician – Lead Laboratory Analyst I/II
Laboratory Assistant Laboratory Receptionist
Mechanic Mechanic – Lead
Parks Maintenance Worker I/II and III Planner – Assistant Plans Examiner Plant Maintenance Mechanic
Plant Maintenance Mechanic – Senior Public Works Maintenance Worker I/II and III Public Works Maintenance Worker – Senior Recreation Coordinator Registered Veterinary Technician Sweeper Operator
Utilities Maintenance Worker I/II Wastewater Collections Maintenance Worker I/II/II Wastewater Treatment Facility Operator Trainee/I Wastewater Treatment Facility Operator II/III Water Distribution Operator I/II/III Water Treatment Plant Operator Trainee Water Treatment Plant Operator II/III/IV Water Treatment Plant Operator III (LT)
ATTACHMENT 2
Year Salary Benefits Total
Year 1:
WTP Operator III Step 5 of 9 $ 72,300 $ 33,600 $ 105,900 Year 2:
WTP Operator III Step 6 of 9 $ 74,100 $ 34,100 $ 108,200 Year 3:
WTP Operator III Step 7 of 9 $ 75,900 $ 34,500 $ 110,400 Total Estimated Cost $ 222,300 $ 102,200 $ 324,500
WATER TREATMENT PLANT OPERATOR III
THREE-YEAR LIMITED TERM POSITION - 7120
ATTACHMENT 3
Revised 6/2020
Drinking Water Treatment
Minimum Qualifications for Examination and Eligibility Criteria for Certification Grade Minimum Qualifications for Examination Eligibility Criteria for Certification T1 High School Diploma / GED Equivalency*. Successful completion of the Grade T1 examination within the three years prior to submitting certification application.
T2
High School Diploma / GED Equivalency* AND
One 3-unit (or 36-hour) course of specialized training covering the fundamentals of drinking water treatment.
Successful completion of the Grade T2 examination within the three years prior to submitting certification application.
T3
High School Diploma / GED Equivalency* AND
Two 3-unit (or 36-hour) courses of specialized training that include at least one course in drinking water treatment and a second course in either drinking water treatment, distribution, or wastewater treatment.
Successful completion of the Grade T3 examination within the three years prior to submitting certification application AND
At least one year of operator experience working as a certified T2 operator at a T2 facility or higher. This may be substituted with (3) below. AND
At least one additional year of operator experience working as a certified treatment operator. This may be substituted with (1), (2), or (4) below.
T4
Current T3 certification AND
Three 3-unit (or 36-hour) courses of specialized training that includeat least two courses in the fundamentals of drinking water treatment and a third course in either drinking water treatment, distribution, or wastewater treatment.
Successful completion of the Grade T4 examination within the three years prior to submitting the application for certification AND
At least one year of operator experience working as shift or chief operator, while a certified T3 operator at a T3 facility or higher. This may be substituted with (3) below. AND At least three additional years of operator experience working as a certified treatment operator. This may be substituted with (1) or (4) below.
T5
Current T4 certification AND
Four 3-unit (or 36-hour) courses of specialized training that includeat least two courses in drinking water treatment and two additional courses in either drinking water treatment, distribution, or wastewater treatment.
Successful completion of the Grade T5 examination within the three years prior to submitting the application for certification AND
At least two years of operator experience working as a shift or chief operator, while a certified T4 operator at a T4 facility or higher. There are no substitutions. AND At least three additional years of operator experience working as a certified treatment operator. This may be substituted with (1) or (4) below.
*High School Diploma/GED equivalency for Grades 1 and 2 ONLY can be fulfilled with either successful completion of Basic Small Water Systems Operations course provided by the Department OR 1 year as an operator of a facility that required an understanding of a chemical feeds, hydraulic systems, and pumps.
Experience substitutions for certification, as referenced above. 1) A relevant degree earned at an accredited academic institution may be substituted asfollows:
a) Associate’s Degree or Certificate in Water or Wastewater Technology that includes at least 15 units of physical, chemical, or biological science may be used to fulfill 1 year of operator experience.
b) Bachelor’s Degree in engineering or in physical, chemical, or biological sciences (e.g Biology, Chemical Engineering, Chemistry, Civil Engineering, Environmental Engineering, Microbiology, Public Health, or Sanitary Engineering) may be used to fulfill 1.5 years of operator experience. c) Master’s Degree in the above mentioned fields in (b) may be used to fulfill 2 years of operator experience. 2) A certified operator may substitute, on a day-for-day basis, experience gained while working with lead responsibility for water quality related projects of research (e.g. pilot plant). 3) If an applicant has a Bachelor’s or Master’s of Science degree, completion of a comprehensive operator training program, pursuant to Section 63800(h), may be substituted for the required experience.
4) Experience gained as a certified wastewater treatment operator may be used to substitute up to 2 years of the experience requirement. Wastewater treatment operator experience is credited on a two-for-one basis (i.e. 2 months in wastewater=1 month in drinking water).
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Electrical/Instrumentation Supervisor Salary Schedule Recommendation: A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect the addition of an Electrical/Instrumentation Supervisor position within the Public Works Department and approving a side letter with the First Level Managers group
B. Authorize the Finance Director to make budget adjustments as necessary Fiscal Impact: $149,800 – Account Nos. 7120 (WTP), 8120 (WWTF), and 3150 (Electrical) ($1,200) – reduced from salary approved in FY 21/22 budget Purpose:
To provide the supervisory classification and compensation option necessary to support the organizational changes in the Public Works Department regarding Electrical and Instrumentation staff.
Council’s Strategic Goal:
This item addresses the City Council’s Strategic Goal of Infrastructure by ensuring that City staff can effectively and efficiently maintain and improve the City’s utilities, facilities, and streets infrastructure.
Background:
Historically, electrical and instrumentation staff members have operated independently and have been supervised by the supervisors at the facilities to which they were assigned, which has kept these staff members from working as a collaborative unit. As part of the Fiscal Year 21/22 operating budget, City Council approved the addition of an Electrical/Instrumentation Supervisor to the Public Works Department. The intent of this position is to provide direct supervision of the City’s two (2) full-time Electrical Technicians, one (1) full-time Instrumentation Technician, and a part-time Extra Help Electrical Technician in order to create a cohesive and efficient Electrical/Instrumentation Division.
Analysis:
Following approval of the position in the Fiscal Year 21/22 budget in July 2021, the City’s consultant provided a compensation market research study to begin development of the Electrical/Instrumentation
Supervisor job classification and salary. Staff conducted an extended regional salary study of 26 public agencies that are the City’s direct employment competitors for electrical and instrumentation staff in February 2022 in order to compare changes in the field since July 2021 and evaluate the salary structure for the existing electrical and instrumentation classifications. In light of this data and to maintain an appropriate ratio between the supervisor and lead line staff in the division, staff is recommending that the salary for the Electrical/Instrumentation Supervisor be set at 15% above the Electrical Technician III classification. This establishes the salary within 5% below the regional median. 1) Effective March 26, 2022, add the Electrical/Instrumentation Supervisor salary range to the salary schedule:
JCN TITLE 1 2 3 4 5
$7,249 $7,611 $7,992 $8,392 $8,811
TBD
Electrical/
Instrumentation
Supervisor $41.82 $43.91 $46.11 $48.42 $50.83
JCN TITLE 1 2 3 4 5 6 7 8 9
$7,249 $7,430 $7,611 $7,802 $7,992 $8,192 $8,392 $8,602 $8,811 TBD
Electrical/
Instrumentation
Supervisor $41.82 $42.87 $43.91 $45.01 $46.11 $47.26 $48.42 $49.63 $50.83 Staff has communicated with the affected bargaining unit, First Level Managers.
Note: As part of the First Level Managers’ Memorandum of Understanding, a 9-step salary range was negotiated for new hires within this bargaining group. The 5-step salary schedule will continue to apply to City employees that promote into a First Level Manager position. The applicable scale for the new Electrical/Instrumentation Supervisor will depend on whether an existing or new City employee is appointed to the position.
2) Direct staff to make corresponding change to the publicly available salary schedule for Council approval at an upcoming meeting.
Fiscal Impact:
The proposed compensation at the budgeted Step 5 of 9 is estimated at $149,800 ($106,700 salary and $43,100 benefits). These costs are budgeted as 35% Water Fund ($52,430), 55% Wastewater Fund ($82,390), and 10% General Fund ($14,980) to reflect the responsibilities of the Electrical/Instrumentation Division. This is $1,200 less than salary estimated in the Fiscal Year 21/22 budget personnel-change request.
The ability to successfully fill the Electrical/Instrumentation Supervisor with an experienced and knowledgeable candidate will also reduce the need for contractors to provide electrical and instrumentation services, resulting in significant budgetary savings.
Alternatives:
1. Do not approve the proposed salary schedule and provide alternate direction to staff.
2. Direct staff to request the personnel budget change through the Fiscal Year 22/23 budget process.
Recommendation:
A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect the addition of an Electrical/Instrumentation Supervisor position within the Public Works Department and approving a side letter with the First Level Managers group.
B. Authorize the Finance Director to make budget adjustments as necessary.
Attachments:
1. Resolution - Electrical-Instrumentation Supervisor
2. FLM Side Letter - Electrical-Instrumentation Supervisor
3. Salary Schedule Excerpt - Electrical-Instrumentation Supervisor
4. Cost Estimate - Electrical-Instrumentation Supervisor 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 ESTABLISH THE
ELECTRICAL/INSTRUMENTATION SUPERVISOR CLASSIFICATION AND APPROVING
THE ADDITION OF SUCH TO THE FIRST LEVEL MANAGERS GROUP
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:
SECTION I.
The Salary Schedule and Compensation Plan shall reflect the new job classification within the Public Works Department.
ELECTRICAL/INSTRUMENTATION SUPERVISOR:
ADD:
JCN TITLE 1 2 3 4 5
$7,249 $7,611 $7,992 $8,392 $8,811
TBD
Electrical/
Instrumentation
Supervisor $41.82 $43.91 $46.11 $48.42 $50.83
JCN TITLE 1 2 3 4 5 6 7 8 9
$7,249 $7,430 $7,611 $7,802 $7,992 $8,192 $8,392 $8,602 $8,811 TBD
Electrical/
Instrumentation
Supervisor $41.82 $42.87 $43.91 $45.01 $46.11 $47.26 $48.42 $49.63 $50.83 SECTION II.
The above modifications shall become effective with the payroll period beginning March 26, 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.
SECTION III.
The attached side letter amending Appendix A to the MOU between the City and the First Level Managers is hereby approved.
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 15th day of March, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:
Stacey Sheston
BB&K, Special Counsel
EXHIBIT 1A
The City of Yuba City and the First Level Managers
Side Letter of Agreement to the
July 1, 2020- June 30, 2022 MOU
The City of Yuba City ("City") and the First Level Managers ("FLM") have met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act to this side letter amending their Memorandum of Understanding ("MOU"), with a current term of July 1, 2020 through June 30, 2022, as set forth below.
The purpose of this Side Letter is to add the newly created Electrical/Instrumentation Supervisor, as well as a number of existing classifications not previously listed, to the classifications represented by FLM on Appendix A to the MOU (see attached), as indicated in red.
All other provisions of the MOU between the City and FLM shall remain unchanged.
Date: ________________________ Date: _____________________
CITY OF YUBA CITY FIRST LEVEL MANAGERS
____________________________________ ___________________________________ Diana Langley, City Manager Josh Wolffe, Representative ____________________________________ ___________________________________ Ben Moody, PWs/Dev. Services Director Katrina Woods, Representative ___________________________________
Nathan McCready, Representative
.
Appendix A – Represented Classifications
The First Level Managers represents the following classifications:
Accountant II
Administrative Analyst II
Animal Shelter Supervisor
Communications Center Coordinator
Construction Inspector – Senior
Crime Analyst
Customer Service Manager
Development Liaison
Electrical/Instrumentation Supervisor
Engineer – Associate Civil
Environmental Compliance Coordinator
Facilities Maintenance Supervisor
Fleet Maintenance Supervisor
Ground Water Dist. Supervisor
Housing Programs Analyst II
Information Technology Analyst
Laboratory Manager
Laboratory Supervisor
Maintenance Supervisor – Streets
Maintenance Supervisor – Water Distribution 3
Maintenance Supervisor – Water Distribution 4
Parks Maintenance Supervisor
Permit Center Manager
Planner – Associate
Plant Maintenance Supervisor – Water
Plant Maintenance Supervisor – Wastewater
Recreation Supervisor I/II/II
Senior Information Technology Analyst
Wastewater Collections Supervisor
Wastewater Treatment Facility Chief Operator
Wastewater Treatment Facility Supervisor
Water Distribution Supervisor
Water Treatment Facility Chief Operator
Water Treatment Facility Supervisor
ATTACHMENT 2
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 345
6069 ACCOUNTANT II FLM 5,714 6,000 6,300 6,615 6,946 Monthly
32.97 34.62 36.35 38.16 40.07 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 5,095 5,350 5,618 5,899 6,193 Monthly
29.39 30.87 32.41 34.03 35.73 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 3,850 4,042 4,244 4,456 4,679 Monthly
22.21 23.32 24.48 25.71 26.99 Hourly
6035 COMMUNICATIONS CENTER COORDINATOR FLM 5,674 5,958 6,256 6,569 6,897 Monthly
32.73 34.37 36.09 37.90 39.79 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 5,157 5,415 5,686 5,970 6,269 Monthly
29.75 31.24 32.80 34.44 36.17 Hourly
6044 CRIME ANALYST FLM 4,293 4,508 4,733 4,970 5,218 Monthly
24.77 26.01 27.31 28.67 30.11 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 5,095 5,350 5,618 5,899 6,193 Monthly
29.39 30.87 32.41 34.03 35.73 Hourly
6215 DEVELOPMENT LIAISON FLM 5,095 5,350 5,618 5,899 6,193 Monthly
30.87 29.39 32.41 34.03 35.73 Hourly
NEW ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 7,249 7,611 7,992 8,392 8,811 Monthly
41.82 43.91 46.11 48.42 50.83 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 6,512 6,838 7,180 7,539 7,916 Monthly
37.57 39.45 41.42 43.49 45.67 Hourly
NEW ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,500 6,825 7,166 7,524 7,901 Monthly
39.38 37.50 41.34 43.41 45.58 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6064 INFORMATION TECHNOLOGY ANALYST FLM 5,785 6,074 6,378 6,697 7,032 Monthly
33.38 35.04 36.80 38.64 40.57 Hourly
6142 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 6,364 6,682 7,016 7,367 7,736 Monthly
36.72 38.55 40.48 42.50 44.63 Hourly
6112 GROUND WATER DIST. SUPERVISOR FLM 5,814 6,105 6,410 6,731 7,068 Monthly
33.54 35.22 36.98 38.83 40.77 Hourly
First Level Management - Page 1
SALARY STEPS
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 3456789
6469 ACCOUNTANT II FLM 5,714 5,857 6,000 6,150 6,300 6,458 6,615 6,781 6,946 Monthly
33.79 32.97 34.62 35.48 36.35 37.26 38.16 39.12 40.07 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 3,850 3,946 4,042 4,143 4,244 4,350 4,456 4,567 4,679 Monthly
22.77 22.21 23.32 23.90 24.48 25.10 25.71 26.35 26.99 Hourly 6435 COMMUNICATIONS CENTER COORDINATOR FLM 5,674 5,816 5,958 6,107 6,256 6,413 6,569 6,733 6,897 Monthly
33.55 32.73 34.37 35.23 36.09 37.00 37.90 38.84 39.79 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 5,157 5,286 5,415 5,551 5,686 5,828 5,970 6,119 6,269 Monthly
30.50 29.75 31.24 32.03 32.80 33.62 34.44 35.30 36.17 Hourly 6444 CRIME ANALYST FLM 4,293 4,401 4,508 4,621 4,733 4,852 4,970 5,094 5,218 Monthly
25.39 24.77 26.01 26.66 27.31 27.99 28.67 29.39 30.11 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6515 DEVELOPMENT LIAISON FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly NEW ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 7,249 7,430 7,611 7,802 7,992 8,192 8,392 8,602 8,811 Monthly
41.82 42.87 43.91 45.01 46.11 47.26 48.42 49.63 50.83 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 6,512 6,675 6,838 7,009 7,180 7,360 7,539 7,728 7,916 Monthly
38.51 37.57 39.45 40.44 41.42 42.46 43.49 44.58 45.67 Hourly NEW ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,500 6,663 6,825 6,996 7,166 7,345 7,524 7,712 7,901 Monthly
38.44 37.50 39.38 40.36 41.34 42.38 43.41 44.49 45.58 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 5,785 5,930 6,074 6,226 6,378 6,538 6,697 6,864 7,032 Monthly
34.21 33.38 35.04 35.92 36.80 37.72 38.64 39.60 40.57 Hourly 6542 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 6,364 6,523 6,682 6,849 7,016 7,192 7,367 7,551 7,736 Monthly
37.63 36.72 38.55 39.51 40.48 41.49 42.50 43.56 44.63 Hourly First Level Management (9 Step) - Page 1
EFFECTIVE 11/25/17 - NEW HIRES ONLY
SALARY STEPS
ATTACHMENT 3
Position Salary Benefits Total
Electrical/Instrumentation Supervisor - Revised $ 106,700 $ 43,100 $ 149,800 Electrical/Instrumentation Supervisor - Budget $ 107,600 $ 43,400 $ 151,000 Net Decrease $ (900) $ (300) $ (1,200)
Note: Position was budgeted 35% Water Fund, 55% Wastewater Fund and 10% General Fund
PUBLIC WORKS/UTILITIES
ELECTRICAL/INSTRUMENTATION SUPERVISOR
Step 5 of 9, Family Health, PEPRA
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: March 15, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Building Inspection Compensation Adjustments
Recommendation: A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect compensation adjustments to the Building Inspector classifications within the Development Services Department B. Authorize the Finance Director to make budget adjustments as necessary Fiscal Impact: $28,300 annually – Account No. 1920 (Development Services – Building) Purpose:
To provide compensation options necessary to recruit and retain quality inspection staff for private building projects, which are projected to significantly increase over the next few years.
Council’s Strategic Goal:
This item addresses the City Council’s Strategic Goal of Business Friendly by ensuring that the City can recruit and retain inspection staff with the competency, customer-service skills, and confidence to facilitate the City’s private growth and development.
Background:
The Building Division within the Development Services Department utilizes Building Inspector I and II classifications to permit and monitor commercial and residential building projects throughout the City.
These inspection needs require employees with high levels of experience, competency, independence, and decision-making skills, as well as applicable certifications and training.
The field, however, is highly competitive not only with other public agencies, but with private construction and engineering firms as well. The state of the economy has further driven competition for qualified inspectors.
Recently, agencies within the region have increased compensation for these positions and provided other incentives, such as signing bonuses and longevity increases, in order to fill vacant positions.
Staff recommends competitive salary increases in order to successfully recruit for one vacancy and
retain the City’s current employees to help ensure necessary staffing for the anticipated increased growth and workload over the next few years.
The City’s consultant prepared a compensation study in January 2021, which concluded that the total compensation for the inspection classes is 22%-33% below market median. Staff conducted a regional base-salary study in February 2022 of 14 public agencies that are the City’s direct employment competitors for the inspection classifications in order to confirm those findings and evaluate recent changes in agency salary schedules for Fiscal Year 21/22. The City’s current salary schedule is below all evaluated agencies across the board, and the majority of the regional agencies also have additional classifications that provide further promotional opportunities for inspection staff.
Analysis:
The Building Division has two (2) flexibly staffed Building Inspector I/II positions budgeted, currently filled by one (1) Building Inspector II and one (1) Building Inspector I. The City’s Building Inspector II will retire in September 2022, and will be taking off some time in the interim as he prepares for retirement.
In order to capture his institutional knowledge and significant experience in the industry, staff has requested and been approved to overfill the Building Inspector classification to allow for sufficient training time; however, without a regionally competitive salary, the City is unlikely to be able to recruit a satisfactory incumbent to meet the pending need.
It is important to Development Services to recruit a replacement for the retiring employee and retain the remaining Building Inspector I without a gap in service, particularly in light of the dramatic increase in commercial and residential development projects, including 300 to 400 houses planned for construction in Summer 2022. Without sufficient and well-trained staffing, the City will need to contract inspectionservices consultants at significant mark-up, which is typically about 60% above in-house rates.
Staff is proposing salary schedule increases for both the Building Inspector classifications to reflect the regional study and create a 15% ratio between the Building Inspector I and Building Inspector II series classifications: 20% for the Building Inspector II and 14.83% for the Building Inspector I (Attachment 1).
These increases will place the classification series within 5% below the regional median.
The estimated annual cost increases per position as calculated at a Step 5 of 9 are outlined below.
Classification Annual Salary Increase
per Position
Annual Benefits
Increase per Position
Total Annual Increase
per Position
Building Inspector I $9,200 $2,200 $11,400
Building Inspector II $13,700 $3,200 $16,900
The changes are effective March 26, 2022. Staff has communicated with the affected bargaining unit, Public Employees’ Union, Local 1.
Fiscal Impact:
The proposed costs will affect two (2) budgeted flexibly staffed Building Inspector I/II positions. Staff requests an annual budgetary increase of $28,300 to Account No. 1920 (Development Services – Building), calculated based on filling one of the flexibly staffed inspectors at the Building Inspector I Step 5 of 9 and one at the Building Inspector II Step 5 of 9 (Attachment 3). Costs will be less if both of the positions are staffed at a Building Inspector I level.
Building Division salaries are funded in part by building permit and inspection fee revenue, which is projected to increase with the rise in commercial and residential development values. The ability to successfully fill the soon-to-be vacant Building Inspector position with the more competitive salary
structure will also reduce the need for consultants to provide inspection services at significantly higher costs to the Building operating budget.
Alternatives:
1. Coordinate salary adjustments through the upcoming labor negotiations process. This will likely result in a delay in hiring a qualified Building Inspector I/II and increase costs associated with paying for consultant labor.
2. Do not approve one or more of the proposed salary schedules and provide alternate direction to staff.
Recommendation:
A. Adopt a Resolution authorizing the Finance Director to amend the salary schedule to reflect compensation adjustments to the Building Inspector classifications within the Development Services Department.
B. Authorize the Finance Director to make budget adjustments as necessary.
Attachments:
1. Resolution - Building Inspection Compensation Adjustments
2. Salary Schedule - Building Inspection Compensation Adjustments
3. Cost Estimate - Building Inspection Compensation Adjustments 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 SALARY
INCREASES FOR THE BUILDING INSPECTOR CLASSIFICATIONS WITHIN THE
DEVELOPMENT SERVICES DEPARTMENT
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:
SECTION I.
The Salary Schedule and Compensation Plan shall reflect the following salary adjustments:
FROM:
JCN TITLE 1 2 3 4 5
$4,258 $4,471 $4,695 $4,930 $5,176
4270 Building
Inspector I
$24.57 $25.79 $27.09 $28.44 $29.86
$4,686 $4,920 $5,166 $5,424 $5,696
4292 Building
Inspector II
$27.03 $28.38 $29.80 $31.29 $32.86
JCN TITLE 1 2 3 4 5 6 7 8 9
$4,258 $4,365 $4,471 $4,583 $4,695 $4,813 $4,930 $5,053 $5,176 5270 Building
Inspector I
$24.57 $25.18 $25.79 $26.44 $27.09 $27.77 $28.44 $29.15 $29.86 $4,686 $4,803 $4,920 $5,043 $5,166 $5,295 $5,424 $5,560 $5,696 5292 Building
Inspector II
$27.03 $27.71 $28.38 $29.09 $29.80 $30.55 $31.29 $32.08 $32.86
TO:
JCN TITLE 1 2 3 4 5
$4,890 $5,134 $5,391 $5,661 $5,944
4270 Building
Inspector I
$28.21 $29.62 $31.10 $32.66 $34.29
$5,624 $5,905 $6,200 $6,510 $6,835
4292 Building
Inspector II
$32.45 $34.07 $35.77 $37.56 $39.43
JCN TITLE 1 2 3 4 5 6 7 8 9
$4,890 $5,012 $5,134 $5,263 $5,391 $5,526 $5,661 $5,802 $5,944 5270 Building
Inspector I
$28.21 $28.92 $29.62 $30.36 $31.10 $31.88 $32.66 $33.47 $34.29 $5,624 $5,765 $5,905 $6,053 $6,200 $6,355 $6,510 $6,673 $6,835 5292 Building
Inspector II
$32.45 $33.26 $34.07 $34.92 $35.77 $36.66 $37.56 $38.50 $39.43 SECTION II.
The above modifications shall become effective with the payroll period beginning March 26, 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 15th day of March, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:
Stacey Sheston
BB&K, Special Counsel
ATTACHMENT 2
Confidential
Bargaining
JCN CLASSIFICATION Group 12 345
1048 ACCOUNTANT I CON 4,589 4,818 5,059 5,312 5,578 Monthly
26.48 27.80 29.19 30.65 32.18 Hourly
1050 ADMINISTRATIVE ANALYST I CON 4,666 4,899 5,144 5,401 5,671 Monthly
26.92 28.26 29.68 31.16 32.72 Hourly
1052 ADMINISTRATIVE ANALYST II CON 5,273 5,537 5,814 6,105 6,410 Monthly
30.42 31.94 33.54 35.22 36.98 Hourly
1045 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 4,186 4,395 4,615 4,846 5,088 Monthly
24.15 25.36 26.63 27.96 29.35 Hourly
1018 HUMAN RESOURCES TECHNICIAN I CON 3,601 3,781 3,970 4,168 4,376 Monthly
20.78 21.81 22.90 24.05 25.25 Hourly
1020 HUMAN RESOURCES TECHNICIAN II CON 3,961 4,159 4,367 4,585 4,814 Monthly
22.85 23.99 25.19 26.45 27.77 Hourly
1062 MANAGEMENT ANALYST CON 5,800 6,090 6,395 6,715 7,051 Monthly
33.46 35.13 36.89 38.74 40.68 Hourly
Confidential employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month Confidential Unit
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE MARCH 15, 2022
SALARY STEPS
Confidential
Bargaining
JCN CLASSIFICATION Group 12 3456789
1248 ACCOUNTANT I CON 4,589 4,704 4,818 4,939 5,059 5,186 5,312 5,445 5,578 Monthly
27.14 26.48 27.80 28.49 29.19 29.92 30.65 31.41 32.18 Hourly 1250 ADMINISTRATIVE ANALYST I CON 4,666 4,783 4,899 5,022 5,144 5,273 5,401 5,536 5,671 Monthly
27.59 26.92 28.26 28.97 29.68 30.42 31.16 31.94 32.72 Hourly 1252 ADMINISTRATIVE ANALYST II CON 5,273 5,405 5,537 5,676 5,814 5,960 6,105 6,257 6,410 Monthly
31.18 30.42 31.94 32.75 33.54 34.38 35.22 36.10 36.98 Hourly 1245 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 4,186 4,291 4,395 4,505 4,615 4,731 4,846 4,967 5,088 Monthly
24.76 24.15 25.36 25.99 26.63 27.29 27.96 28.66 29.35 Hourly 1218 HUMAN RESOURCES TECHNICIAN I CON 3,601 3,691 3,781 3,876 3,970 4,069 4,168 4,272 4,376 Monthly
21.29 20.78 21.81 22.36 22.90 23.48 24.05 24.65 25.25 Hourly 1220 HUMAN RESOURCES TECHNICIAN II CON 3,961 4,060 4,159 4,263 4,367 4,476 4,585 4,699 4,814 Monthly
23.42 22.85 23.99 24.59 25.19 25.82 26.45 27.11 27.77 Hourly 1262 MANAGEMENT ANALYST CON 5,800 5,945 6,090 6,243 6,395 6,555 6,715 6,883 7,051 Monthly
34.30 33.46 35.13 36.02 36.89 37.82 38.74 39.71 40.68 Hourly Confidential employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month Confidential Unit
EFFECTIVE 04/28/18 - NEW HIRES ONLY
SALARY STEPS
Executive Unit
Bargaining
JCN CLASSIFICATION Group 12 345
8070 * CITY MANAGER CM - - - - 17,500 Monthly
- - - - 100.96 Hourly
8090* PUBLIC WORKS & DEVELOPMENT SERVICES DIRECTOR DH 11,817 - - - 15,535 Monthly
68.17 - - - 89.62 Hourly
8010* DIRECTOR OF HUMAN RESOURCES DH 10,020 - - - 12,545 Monthly
57.81 - - - 72.38 Hourly
8140* DIRECTOR OF COMMUNITY SERVICES DH 8,600 - - - 13,021 Monthly - 49.61 - - 75.12 Hourly
8030* FIRE CHIEF DH 12,461 - - - 15,600 Monthly
71.89 - - - 90.00 Hourly
8050* POLICE CHIEF DH 12,461 - - - 15,600 Monthly
71.89 - - - 90.00 Hourly
8020* DIRECTOR OF FINANCE DH 10,022 - - - 13,764 Monthly
57.82 - - - 79.41 Hourly
* Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).
Executive Unit employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
Executive Unit
SALARY STEPS
Fire Association
Bargaining
JCN CLASSIFICATION Group 12 345
3110** FIRE RECRUIT FIRE - - - - 4,230 Monthly
- - - - 17.43 Hourly
3120** FIREFIGHTER I FIRE - - - - 4,693 Monthly
- - - - 19.34 Hourly
3130** FIREFIGHTER II FIRE - - - - 7,164 Monthly
- - - - 29.52 Hourly
3140** FIRE APPARATUS OPERATOR FIRE - - - 7,481 7,855 Monthly - - - 30.83 32.37 Hourly
3150** FIRE CAPTAIN FIRE 7,368 7,736 8,123 8,529 8,955 Monthly
30.36 31.88 33.47 35.15 36.90 Hourly
3160 FIRE SAFETY INSPECTOR I FIRE 5,081 5,335 5,602 5,882 6,176 Monthly
29.31 30.78 32.32 33.93 35.63 Hourly
3170 FIRE SAFETY INSPECTOR II FIRE 5,667 5,950 6,248 6,560 6,888 Monthly
32.69 34.33 36.05 37.85 39.74 Hourly
FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:
Bargaining
JCN CLASSIFICATION Group 12 345
-
3250 FIRE CAPTAIN FIRE 7,368 7,736 8,123 8,529 8,955
42.51 44.63 46.86 49.21 51.66
3210 FIRE RECRUIT FIRE 4,230
24.41 3220 FIREFIGHTER I FIRE 4,693
27.08 3230 FIREFIGHTER II FIRE 7,164
41.33 3240 FIRE - APPARATUS OPERATOR FIRE 7,481 7,855
43.16 45.32
Fire Captain assigned by the Fire Chief to Fire Prevention shall receive five (5) percent salary increase above the appropriate Fire-Captain salary step for theperiod of the temporary assignment and shall be designated as follows:
3180 FIRE CAPTAIN (PREVENTION) FIRE 7,736 8,123 8,529 8,955 9,403 Monthly
44.63 46.86 49.21 51.66 54.25 Hourly
Fire employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
Fire Association
SALARY STEPSSALARY STEPS
Fire Management
Bargaining
JCN CLASSIFICATION Group 12 345
6055** FIRE BATTALION CHIEF FM 8,472 8,896 9,341 9,808 10,298 Monthly
34.91 36.66 38.49 40.42 42.44 Hourly
6066 FIRE MARSHAL FM 7,919 8,315 8,731 9,168 9,627 Monthly
45.69 47.97 50.37 52.89 55.54 Hourly
FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:
Bargaining
JCN CLASSIFICATION Group 12 345
6140 FIRE BATTALION CHIEF FM 8,472 8,896 9,341 9,808 10,298 Monthly
48.88 51.32 53.89 56.58 59.41 Hourly
** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.Fire Management
SALARY STEPSSALARY STEPS