Yuba City City Council
April 19, 2022

SPECIAL NOTICE
Precautions to Address COVID-19 will apply to this meeting.

APRIL 19, 2022

REGULAR MEETING OF THE CITY COUNCIL
The Governor has declared a State of Emergency to exist in California as a result of the threat of COVID-19 (aka the “Coronavirus”). While the Governor recently issued Executive Orders N07-21, which lifted certain orders and associated restrictions, there are still public health guidance’s in place. The City is providing multiple alternatives to viewing Council meetings and providing comments on items on the agenda, including:
 Web Conference: The meeting will be conducted live over the internet by PC or Smartphone. Members of the public can join the web-based virtual meeting. (See instructions, below.)
 Email: You can email comments to [email protected] any time before the meeting, or before the hearing is closed on the agenda item, and your comments will be read aloud. Please identify the Agenda item you wish to address in your comments.  Public Attendance: 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, seating is available in the Council Chamber. A facial covering will be available upon request by any attendee. Comments may be made from the Council Chamber podium. Please participate via web conference or email if you are ill or have been exposed to COVID-19.

To join the web base virtual meeting please follow these instructions:

Click the link to sign up for the webinar at the specified time and date:
https://us06web.zoom.us/webinar/register/WN_ufKyS_i1RdOM0WYPmN30_A You will need to register for the teleconference. Once registered, the following information will pop up.

Yuba City Council Meeting – 4/19/2022
Click here to join the webinar.

Before joining, be sure to check system requirements to avoid any connection issues.

A confirmation email with information on how to join the webinar has been sent to you and with audio instructions. Questions or Comments? Email contact: [email protected] Note – currently the video conferencing process does not allow for verbal comments, but does have a chat function where comments will be read. Comments will also be received via email to [email protected].

AGENDA
APRIL 19, 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

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

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
APRIL 19, 2022
5:00 P.M. CLOSED SESSION

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

COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.

Public Comment:

Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.

Closed Session
A. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCS Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1 Unrepresented employees: Confidential Employees, Executive Services Employees 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

1. National Small Business Week Proclamation
Public Communication

2. 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.

3. Minutes of March 15 and 29, and April 5, 2022
Recommendation: Approve the minutes of March 15 and 29 and April 5, 2022

4. Film Yuba Sutter Commission Committee
Recommendation: Adopt a Resolution appointing Councilman Harris to the Film Yuba Sutter Commission Committee

5. SACOG Fund Exchange Letter (Authorization to submit) Recommendation: Adopt a Resolution authorizing the Public Works Director to submit a letter to the Sacramento Area Council of Governments requesting that federal funds be de-programmed from the Butte House Road Complete Streets project and re-programmed to the Walton Avenue Complete Streets project

6. 2022 Residential Resurfacing Project (Plans & Specifications)

Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and
authorizing advertisement for bids for the 2022 Residential Resurfacing Project

7. Salary Schedule Modifications in the Police Department Recommendation: Adopt a Resolution amending the salary schedule and removing assignment pay job class codes

8. FB 22-07 Chevrolet Tahoe Police Pursuit Purchase
Recommendation: A. Adopt a Resolution awarding the purchase of five (5) Chevrolet Tahoe Pursuit Vehicles to Wheeler Chevrolet in the amount of $201,995.35. Sole source equipment purchases and install to Cop Shop installations of Yuba City, CA in the estimated amount of $124,063.45
B. Authorize a supplemental budget appropriation in the amount of $11,070 to purchase a 5 year/100K mile extended warranty for the five vehicles which was not offered by any other vendor

9. Second Groundwater Well (18-18) – Plans & Specifications Recommendation: Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project
Business Items

10. Community Sponsorship Requests
Recommendation:

A. Adopt a Resolution to approve a monetary Sponsorship request from the Trauma Intervention Program of
$5,000.00 for the support of survivors of emergencies
and tragedies
B. Adopt a Resolution to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement
(AHA) of up to $25,000.00 to advance Hispanic heritage
in our local communities through community action,
educational enhancement, and economic development

11. An Ordinance Adopting an Equipment Use Policy per CA Assembly Bill No. 481 Recommendation: Waive the reading and adopt an Urgency Ordinance of the City Council of the City of Yuba City adding Chapter 23 to Title 4 of the Yuba City Municipal Code adding a policy related to use of Military Equipment Policy by title only

12. Fire Inspection Fee Schedule
Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution amending the Yuba City Schedule of Fees and Charges for City services related to Fire Department

Inspection Services, which include creating a R-1 & R-2 Fire Inspection Fee and updating the Assembly Fire Inspection Fee

13. Amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter
Recommendation: Adopt a Resolution authorizing the Mayor to execute a second amendment to the 2019 Collection Services Franchise
Agreement with Recology Yuba-Sutter, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form

14. Water Supply Outlook and Emergency Water Conservation Measures Recommendation: Adopt a Resolution declaring that water supply conditions are such that they dictate and justify the need for the
implementation of mandatory conservation measures to
achieve 20% conservation, in alignment with Stage 3 of the Water Shortage Contingency Plan

15. Presentation of Utility Billing Arrearages and Delinquencies Recommendation: Note and File Report

16. 60-Day Trial Program to Provide an Overnight Vehicle Parking Area for Homeless Individuals and Families at County-Owned Property Located at 850 Gray Avenue in Yuba City
Recommendation: Adopt a Resolution approving the establishment of a 60-day trial program to provide an overnight vehicle parking area for homeless individuals and families at County-owned property located at 850 Gray Avenue in Yuba City.

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 Boomgaarden
- Councilmember Harris
- Councilmember Espindola

- Vice Mayor Kirchner
- Mayor Shaw
Adjournment

Proclamation
of the City Council

SMALL BUSINESS WEEK
MAY 1–7, 2022
WHEREAS, the City of Yuba City recognizes National Small Business Week and values the dedication and entrepreneurial spirit of small businesses that keep the Yuba-Sutter region’s economy growing stronger; and
WHEREAS, it is the collaborative mission of the City of Yuba City working in partnership with The Yuba Sutter Chamber of Commerce, and other organizations to help our businesses develop and thrive; and
WHEREAS, small businesses are not only the engines of our economic progress, they employ local residents and they are the heart and soul of our community; and WHEREAS, the City of Yuba City appreciates the support provided to our small businesses by the Yuba Sutter Chamber of Commerce and other organizations; and WHEREAS, during the week of May 1-7, 2022, the National Small Business Administration and the Yuba Sutter Chamber of Commerce are celebrating Small Business Week.

NOW, THEREFORE, BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby proclaim May 1 -7, 2022, as “Small Business Week” in the City of Yuba City and urge all citizens to acknowledge and celebrate the achievements made by small business both locally and nationally.

Done this 19th day of April 2022, at the City of Yuba City, County of Sutter, State of California.

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, seating is available in the Council Chamber. A facial covering will be available upon request by any attendee. Comments may be made from 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 3

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of March 15 and 29, and April 5, 2022
Recommendation: Approve the minutes of March 15 and 29 and April 5, 2022 Fiscal Impact:

Attachments:

1. 03-15-2022 - Regular Meeting Minutes (DRAFT)

2. 03-29-2022 - Special Meeting Workshop (DRAFT)

3. 04-05-2022 - 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 15, 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 5:00 PM Roll Call

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

Absent: None
Closed Session

1. Conference with real property negotiator (Govt. Code § 54956.8) Properties:

APN: 51-62-026, 1.58 acres generally located on Providence Court, west of ClarkAvenue and south of Kensington Way, Yuba City, CA 95991
APN: 51-660-084, 0.19 acres generally located on Providence Court, west ofClark 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 211and 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
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:00 PM Roll Call

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

Absent: None

Invocation/Inspiration
Bob Fischetti, Yuba City Police Department Chaplain
Pledge of Allegiance to the Flag
Michael Castaneda, Senior IT Analyst
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. Upholstery Hut Retirement Proclamation for Lynn Sillman Mayor Shaw presented a proclamation to Upholstery Hut owner Lynn Sillman

3. Sutter County Museum Presentation and Introduction of Executive Director Molly Bloom, Sutter County Museum Director and Curator, will be presenting Public Communication

4. Appearance of Interested Citizens
Jackie Sillman (City Clerk) and Laura Nicholson (Senior District Representative for State Senator Jim Nielsen, and Assemblymember James Gallagher) spoke
Consent Calendar
Vice-Mayor Kirchner moved and Councilmember Boomgaarden seconded the motion to:

5. Minutes of March 1, 2022
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
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
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
Adopt a Resolution naming the new park development on Harter Parkway Didar S. Bains Park
Manny Cardoza spoke
Megan Bains spoke
Lee Jones spoke

9. Nomination of Councilwoman Espindola to serve as a Board Member of Region2 of the Association of California Water Agencies Adopt a Resolution nominating Councilwoman Espindola as a Board Member of Region 2 of the Association of CaliforniaWater Agencies (ACWA) The motion was passed with a unanimous vote
Business Items

10. Yuba Sutter Tourism Improvement District Renewal - Public Hearing Mayor Shaw opened the Public Hearing
Marni Sanders spoke
Charles Sharp spoke
Lee Jones spoke
Jacob Foe spoke
Mayor Shaw closed the Public Hearing
City Council took no action on this item

11. Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project – CEQA Adoption
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:

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)
The motion was passed with a unanimous vote

12. Senate Bill 9 and Accessory Dwelling Unit Ordinance Adoption and Establishing Fees for Urban Lot Splits
Mayor Shaw opened the Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Boomgaarden moved and Councilmember Espindola seconded the motion to

A. Adopt a Resolution establishing an Urban Lot Split Fee; then B. Adopt an Ordinance to update the Yuba City Municipal Codeto 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 thesecond reading The motion was passed with a unanimous vote

13. Police Services Analyst Position in the Police Department and Rules and Regulations Amendment
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:

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 The motion was passed with a unanimous vote

14. Water Treatment Plant Operator III Limited Term Position Manny Cardoza spoke
Councilmember Boomgaarden moved and Councilmember Espindola seconded the motion to:

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 andapproving a side letter with Public Employees’ Local 1regarding the representation of the Water Treatment Plant Operator III Limited Term employee
B. Authorize a supplemental appropriation and related transfersin 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
The motion was passed with a unanimous vote

15. Electrical/Instrumentation Supervisor Salary Schedule Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:

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 The motion was passed with a unanimous vote

16. Building Inspection Compensation Adjustments
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:

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 The motion was passed with a unanimous vote
Future Agenda Items

1. Future Agenda Items:

No suggestions were made
Reports and Communications

2. City Manager's Report

3. 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 8:21 PM ____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 2

MINUTES (draft)

SPECIAL MEETING

HOMELESS WORKSHOP
MARCH 29, 2022 – 6:00 P.M.

Special Meeting
Call to Order
Mayor Shaw called the Special Meeting of the City Council to order at 6:00 PM Roll Call

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

Absent: None
General Items
Public Communication on Items on the Agenda

1. City Council Team Building and Training Workshop
Presentations by: Dave Shaw, Mayor
Troy Koski, Homeless Liaison Officer
Jesse Alexander, Fire Chief
Rob Condrey, Park Maintenance Superintendent
Eric Ball, Code Enforcement Officer
Scott Chandler, Deputy Director Public Works – Maintenance Diana Langley, City Manager

2. Appearance of Interested Citizens
Heather Esemann spoke
Jeff Stephens spoke
Steve Smith spoke
Manny Cardoza spoke
Johnny Burke spoke
Mary Buttacavoli spoke
Pamela Langan commented via Zoom
Ronald Eberhardt commented via Zoom
Matthew Floe commented via Zoom
Rita Collins commented via Zoom
Adjournment
The Special Meeting was adjourned by Mayor Shaw at 9:06 PM

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

ATTACHMENT 3

MINUTES (draft)

CITY COUNCIL - CITY OF YUBA CITY
REGULAR MEETING – APRIL 5, 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 5:03 PM Roll Call

Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Espindola, and Harris [Councilmember Boomgaarden joined Closed Session at 5:10 PM]

Absent: None
Closed Session
A. Confer with Real Property Negotiator (Government Code 54956.8) Property: Public Utility Easement on APN 23-110-007 located on the east side of Garden Highway at Stewart Road, 2700 Garden Highway, Yuba City, California 95991 Negotiator: Diana Langley, City Manager
Negotiating parties: Michael Dennis Netherby and Ann Shealy Netherby Under negotiation: Price and terms of payment
B. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCS Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1 Unrepresented employees: Confidential Employees, Executive Services Employees
C. Threats to Public Services or Facilities (Pursuant to Government Code section 54957(a).) Consultation with: Director of Finance/IT; Police Chief, City Manager, and City Attorney
Public comment received from Heather Esemann
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:04 PM Roll Call

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

Absent: None

Invocation/Inspiration
George Barlow, Management Analyst
Pledge of Allegiance to the Flag
Nick Morris 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

1. Women's History Month Spotlight
Mayor Shaw presented recognized the following women with certificates:

Lynn Haile
Leakena Chan Arredondo
Coleen Morris
Cindy Applegarth
Cynthia Rachel

2. Valley Truck and Tractor Proclamation
Mayor Shaw presented John Miller and family with a proclamation

3. Community College Month, Honoring Yuba College Proclamation Mayor Shaw presented a proclamation to representatives from Yuba College:

Dr. Tawny Dotson, President
Jeremy Brown, VP for Instruction
Dr. Dwayne Hunt, VP for Student Services
Annabel Toche, Dean for Student Success and Institutional Effectiveness

4. Feather River West Levee Financing Authority Proposed Assessment Presentation Presentation by: Mike Inamine – HDR (Engineering Firm) Project Manager Drew Stresser – LD 1/LD 9 (Levee Districts) General Manager

5. Feathers to Farms Program Presentation
Presentation by: Brad McIntire, Community Services Director Megan Anderson, Animal Services Manager
Public Communication

6. Appearance of Interested Citizens
Tej Mann spoke
Raji Tumber spoke
Michelle Smith Barker spoke
Consent Calendar
Vice-Mayor Kirchner moved and Councilmember Boomgaarden seconded the motion to:

7. State Route 20 Corridor Improvements Project – Phase 2 Adopt Resolution 22-035 adopting a CEQA Class 1 Categorical Exemption for the State Route 20 Corridor Improvements Project – Phase 2, approving the plans and specifications, and authorizing advertisement for bids on the Project, pending receipt of a Caltrans encroachment permit

8. Presentation of Investment Report - Quarter Ended December 31, 2021 Note and File Quarterly Investment Report

9. Cybersecurity Projects
A. Authorize the City Manager to utilize ARPA/H.R. 1319, American Rescue Plan Act 2021, funds on cybersecurity projects
B. Authorize the Finance Director to transfer $400,000 from fund 236, ARPA of 2021, to fund 301, CIP-General Fund Projects
C. Approve supplemental appropriations to account 901292- 65501, Citywide IT System Modernization, in the amount of
$400,000

10. Wastewater Treatment Facility Chlorine Building HVAC Improvements Project (Plans & Specifications)
Adopt Resolution 22-036 adopting a CEQA Class 1 Categorical Exemption for the Wastewater Treatment Facility Chlorine Building HVAC Improvements Project, approving the plans and specifications, and authorizing advertisement for bids on the project

11. Proposition 1 Integrated Regional Water Management Round 1 Grant Projects Adopt Resolution 22-037 which takes the following actions:

A. Approves a Professional Services Justification and awards a Professional Services Agreement to West Yost & Associates, Inc. of Davis, CA in the amount of $180,093 for development of plans and specifications, required permit applications, and other services for the City’s two Proposition 1 Integrated Regional Water Management Round 1 Grant Projects: Project 4 North Gilsizer Detention Basin Improvements Project and Project 5 Lincoln Road Trash Capture Device in Gilsizer Slough Project with a finding that it is in the best interest of the City

B. Authorizes the City Manager to execute the Professional Services Agreement on behalf of the City, subject to review and approval as to legal form by the City Attorney

12. Public Works Engineering Personnel Changes
A. Adopt Resolution 22-038 (i) reclassifying a vacant Senior Engineer position to one (1) additional Deputy Public Works Director – Engineering position within the Public Works Department and (ii) authorizing the Finance Director to amend the salary schedule to reflect upward compensation adjustments of approximately 12% for the classification
B. Authorize the Finance Director to make budget adjustments as necessary

13. Biennial Review of the City of Yuba City Conflict of Interest Code Adopt Resolution 22-039 Amending the City of Yuba City Conflict of Interest Code and list of Designated Positions
The motion was passed with a unanimous vote
Business Items

14. Yuba-Sutter Economic Development District 2020 CEDS Appendices 1, IV, V updates and 2021 CEDS Annual Performance and Evaluation
Councilmember Espindola moved and Councilmember Harris seconded the motion to:

Adopt Resolution 22-040 approving the 2021 comprehensive Economic Development Strategy Annual Performance Report and updates to Appendices I, IV, & V as prepared by the Yuba- Sutter Economic Development Corporation and the Comprehensive Economic Development Strategy
The motion was passed with a unanimous vote

15. Transfer and Indemnification Agreement Between the City of Yuba City and Sutter Butte Flood Control Agency
Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:

Adopt Resolution 22-041 authorizing the Mayor to execute a Transfer and Indemnification Agreement Between the City of Yuba City and Sutter Butte Flood Control Agency (SBFCA) to transfer $1,700,000 of Levee Impact Fees from the City to SBFCA, subject to modifications by the City Manager upon approval of the City Attorney as to legal form The motion was passed with a unanimous vote
Future Agenda Items

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

17. City Manager's Report

18. City Council Reports
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council in memory of Senator Don Young at 8:25 PM
____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Film Yuba Sutter Commission Committee
Recommendation: Adopt a Resolution appointing Councilman Harris to the Film Yuba Sutter Commission Committee
Fiscal Impact: None
Purpose:

To contribute to economic development in Yuba and Sutter counties by promoting and supporting film and video production and other film-related activities.

Council's Strategic Goal:

Support of the Film Yuba Sutter Committee benefits Council's overarching goal of quality of life and fiscal responsibility.

Background:

The Film Yuba Sutter Commission (Commission), formed earlier this year, is an organization intended to attract and support the film industry in the Yuba-Sutter community. In January, City Council approved a monetary sponsorship of the Commission in the amount of $6,250, and it was noted at that time that the Commission would be forming a Film Yuba Sutter Committee (Committee) to meet quarterly. The Committee is to be comprised of a representative from each investor entity as well as film industry experts and local business and non-profit organization representatives.

Analysis:

As the City is an investor entity, the Commission is requesting that a Councilmember be appointed to the Committee. Mayor Shaw is recommending that Councilman Harris be appointed to the Committee.

There is no term associated with this appointment, so Councilman Harris would remain on the Committee as long as Council does not change the appointment, or until the expiration of his term as a Councilmember.

Alternatives:

Appoint a different Councilmember to the Committee.

Recommendation:

Adopt a Resolution appointing Councilman Harris to the Film Yuba Sutter Commission Committee.

Attachments:

1. Attachment 1 - Reso - Film Yuba Sutter
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

APPOINTING COUNCILMAN HARRIS TO THE FILM YUBA SUTTER COMMISSION

COMMITTEE
WHEREAS, the Yuba Sutter Chamber of Commerce established the Film Yuba Sutter Commission; and,
WHEREAS, on January 18, 2022, the City Council approved the sponsorship of the Film Yuba Sutter Commission; and
WHEREAS, the Film Yuba Sutter Commission now desires to establish a Film Yuba Sutter Commission Committee comprised of a representative from each investor entity as well as film industry experts and local business and non-profit organization representatives; and WHEREAS, as the City of Yuba City is an investor entity, the Film Yuba Sutter Commission is requesting that a Councilmember be appointed to the Film Yuba Sutter Commission Committee.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City does hereby appoint Councilmember Harris to the Film Yuba Sutter Commission Committee.

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 19th day of April, 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 5

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Kevin Bradford, Deputy Public Works Director - Engineering Summary
Subject: SACOG Fund Exchange Letter (Authorization to submit) Recommendation: Adopt a Resolution authorizing the Public Works Director to submit a letter to the Sacramento Area Council of Governments requesting that federal funds be deprogrammed from the Butte House Road Complete Streets project and reprogrammed to the Walton Avenue Complete Streets project Fiscal Impact: Potential schedule and cost savings for City and outside agencies resulting from elimination of federal requirements for one City project Purpose:

To improve efficiencies in managing, designing, and constructing transportation projects receiving Sacramento Area Council of Governments (SACOG) grant funding.

Council’s Strategic Goal:

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

Background:

The City received grant funding from SACOG in the 2021 Flexible Funding Round. The Butte House Road Complete Streets project received $300,000 through the Community Design program. The Walton Avenue Complete Streets project received $3.75 million through the Maintenance and Modernization program.

SACOG staff approached the City with an opportunity to improve the project delivery process for these two projects by transferring the grant funding from the Butte House Road project to the Walton Avenue project, which would allow the Butte House Road project to be delivered without any federal funding requirements. This would potentially save time and money, as well as benefit the public.

Analysis:

The Walton Avenue Complete Streets project received $3.75 million from SACOG in the 2021 Flexible Funding Round, yet this project is expected to require local funding of approximately $900,000. By transferring the grant funding from the Butte House Road project, the local funding required to deliver

the Walton Avenue project will be reduced by $300,000.

In return, the City would transfer $300,000 in local funds from the Walton Avenue project to the Butte House Road project. This would allow the Butte House Road project to be completed entirely with local funds, eliminating the federal funding requirements that typically delay and increase the cost of delivering a project. SACOG will require the City to submit project status updates on the Butte House Road project to assure completion by December 31, 2025. Failure by the City to complete the project may be considered by SACOG as a disqualifying or discounting factor for existing or future projects proposed through SACOG’s competitive funding programs. The risk of failing to complete the project by the deadline is extremely low.

Staff is requesting authorization for the Public Works Director to submit a letter to SACOG agreeing to the transfer of funds.

Fiscal Impact:

The transfer of funds between the two projects results in no net fiscal impact. However, there is potential schedule and cost savings for City and outside agencies resulting from elimination of federal requirements for the Butte House Road project.

Alternatives:

Do not authorize the Public Works Director to agree to the fund transfer and deliver the projects as currently programmed.

Recommendation:

Adopt a Resolution authorizing the Public Works Director to submit a letter to the Sacramento Area Council of Governments requesting that federal funds be de-programmed from the Butte House Road Complete Streets project and re-programmed to the Walton Avenue Complete Streets project.

Attachments:

1. Resolution - SACOG Fund Consolidation

2. Exhibt A - Letter to SACOG re Fund Consolidation
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

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT A LETTER TO THE

SACRAMENTO AREA COUNCIL OF GOVERNMENTS (SACOG) REQUESTING THAT FEDERAL

FUNDS BE DE-PROGRAMMED FROM THE BUTTE HOUSE ROAD COMPLETE STREETS

PROJECT AND RE-PROGRAMMED TO THE WALTON AVENUE COMPLETE STREETS

PROJECT
WHEREAS, the City of Yuba City (City) received grant funding from SACOG in the 2021 Flexible Funding Round in the amount of $300,000 through the Community Design program for the Butte House Road Complete Streets project and in the amount of $3.75 million through the Maintenance and Modernization program for the Walton Avenue Complete Streets project; and WHEREAS, SACOG staff approached the City with an opportunity to improve the project delivery process for the two aforementioned projects by transferring the grant funding from the Butte House Road project to the Walton Avenue project, which would allow the Butte House Road project to be delivered without any federal funding requirements; and WHEREAS, completing a project entirely with local funds would potentially save time and money, as well as benefit the public; and
WHEREAS, SACOG requires the City to submit a letter formally requesting the transfer of funds in order to facilitate the changes to fund programming
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

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

2. The City Council of the City of Yuba City does hereby authorize the Public Works Director to submit a letter (attached as Exhibit A) to the Sacramento Area Council of Governments requesting that federal funds be de-programmed from the Butte House Road Complete Streets project and re-programmed to the Walton Avenue Complete Streets project.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of April, 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(s):

A. Exhibit A – Letter to SACOG

EXHIBIT A

April 20, 2022
James Corless, Executive Director
Sacramento Area Council of Governments (SACOG)
1415 L Street, Suite 300
Sacramento, CA 95814
RE: Defederalization of City of Yuba City Projects
Dear Mr. Corless:

This letter confirms the agreement between the City of Yuba City (City) and the Sacramento Area Council of Governments (SACOG) for a fund exchange between projects to consolidate federal funds onto fewer projects.

SACOG ID  Project Name  SACOG
Federal Funds
Local Funds
SUT56277  Butte House Road Complete Streets    $300,000 SUT56278    Walton Ave. Complete Streets       $300,000 Total Amount  $300,000  $300,000

Background
Butte House Road Complete Streets (SUT56277)
This project received $300,000 from SACOG in the 2021 Flexible Funding Round, Community Design program. Rather than deliver this with federal funds, the City would like to transfer $300,000 in SACOG funds onto another already federally funded project and replace the federal funds with local funds.

Walton Ave. Complete Streets (SUT56278)
This project received $3,750,000 from SACOG in the 2021 Flexible Funding Round, Maintenance and Modernization program. It also has at least $300,000 of local funds programmed. Rather than deliver this with $300,000 of local funds, the City would like to transfer $300,000 in local funds to the Butte House Road Complete Streets project and replace the local funds with federal funds.

By delivering the Butte House Road Complete Streets project with local funds instead of federal funds, the City would potentially save time and money, both for itself as well as for reviewers, such as Caltrans Local Assistance. Most importantly, this agreement would benefit the public.

Agreement
The City and SACOG now agree that SACOG will program $300,000 in federal funds as follows:

1. De‐program $300,000 in SACOG federal funds from the Butte House Road Complete Streets project (SUT56277), and

2. Program $300,000 in SACOG federal funds to the Walton Avenue Complete Streets project (SUT56278).

April 20, 2022 Page 2
Letter to SACOG
re: Defederalization of City Projects
SACOG will allow the use of Toll Credits to maximize the use of federal funds on participating items. Any unspent SACOG funding on the Walton Avenue Complete Streets project (SUT56278) would be eligible for the City’s use on other projects, contingent upon consistency with SACOG’s Metropolitan Transportation Plan and timely delivery. SACOG further agrees to complete this revision to the Metropolitan Transportation Improvement Program (MTIP) by May 6, 2022.

The City further agrees to submit project status updates on the Butte House Road Complete Streets project (SUT56277) to SACOG by e‐mail no less than annually on July 1st of each year, beginning July 1, 2023. The City agrees to complete (open to the public) this project, as described in the MTIP, using local (non‐SACOG) funds by December 31st, 2025. Upon completion, the City agrees to submit a final report electronically with photographs of the physical construction, including any relevant documentation needed to demonstrate full project delivery. The City acknowledges that failure to perform on or deliver the projects as described in the MTIP may be considered by SACOG as a disqualifying or discounting factor for existing or future projects proposed through SACOG’s competitive funding programs.

Sincerely,
Ben Moody
Public Works Director
I, the undersigned, concur with the terms stipulated in the above letter. _______________________________________ _________________________________ James Corless          Date
SACOG
Executive Director

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 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 Residential Resurfacing Project (Plans & Specifications) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2022 Residential Resurfacing Project
Fiscal Impact: $970,000 - Engineer’s Estimate – Account No. 1213 (Residential Road Rehabilitation)
Purpose:

To provide, repair, and maintain roadways throughout the City.

Council’s Strategic Goal:

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

Background:

Public Works is responsible for the maintenance of public streets within the City. As part of the Fiscal Year 2021-2022 Capital Improvement Program (CIP), Council allocated funds for the purpose of maintaining roadways.

This year’s maintenance project proposes to maintain City roadways with multiple rehabilitation methods including asphalt rubber cape seals and slurry seals on designated roadways. Repair methods were determined based on the condition of the roadway, road category, and cost efficiency.

City staff established the street list for the 2022 Residential Resurfacing Project with the use of the StreetSaver Pavement Management System. The system determined the condition of each roadway within the City, and recommended appropriate repair methods. From this data, City staff was able to prioritize the repairs by degree of need and available resources. The final street list was assembled to meet the project’s budget as efficiently as possible. The streets recommended for inclusion in the 2022 Residential Resurfacing Project are shown on the Project Location Map (Attachment 2).

Analysis:

Public Works has prepared the project plans, specifications, and cost estimate for the 2022 Residential Resurfacing Project. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for Bid: April 2022
Award Contract: June 2022
Start of Construction: Summer 2022
Completion: Summer 2022
The plans and specifications for the project are on file in the Public Works Department at City Hall and at http://www.yubacity.net/publicworksplans for review.

Fiscal Impact:

The estimated project cost is $970,000. This estimate includes 5% contingency and 5% construction management to reflect total project cost. The project will be funded primarily with gas tax funds through CIP Account No. 1213 (Residential Road Rehabilitation). After project completion, the CalRecycle Rubberized Pavement Grant Program will reimburse the City approximately $83,000. Detailed fiscal impacts will be presented to Council at the award of the contract based on the actual bid amounts.

Environmental:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the pavement and striping restoration within existing City facilities are qualifying repairs, maintenance, or minor alteration of existing public facilities involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.

Alternatives:

Provide staff with alternative direction regarding priority locations and/or modify project scope.

Recommendation:

Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2022 Residential Resurfacing Project.

Attachments:

1. Resolution - 2022 Residential Resurfacing Project (Plans & Specifications)

2. Project Location Map
Prepared By: Submitted By:

Fabiola Vazquez
Assistant Civic Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPTING A CEQA CLASS 1 CATEGORICAL EXEMPTION,

APPROVING THE PLANS AND SPECIFICATIONS, AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2022

RESIDENTIAL RESURFACING PROJECT
WHEREAS, the Public Works Department intends to solicit bids for construction of the 2022 Residential Resurfacing Project.

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

1. The City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the pavement and striping restoration within existing City facilities are qualifying repairs, maintenance, or minor alteration of existing public facilities involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

2. The plans and specifications for the 2022 Residential Resurfacing Project be approved.

3. The Public Works Department is hereby authorized and directed to advertise for bids for the 2022 Residential Resurfacing Project.

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 19th day of April, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

2022 RESIDENTIAL RESURFACING PROJECT

PROJECT LOCATION MAP
AREA A
AREA B
AREA C AREA D SR-99
BRIDGE ST SR-99
SR-20

LINCOLN RD

BOGUE RD S WALTON AVE GARDEN HWY ELMER AVE

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Salary Schedule Modifications in the Police Department Recommendation: Adopt a Resolution amending the salary schedule and removing assignment pay job class codes
Fiscal Impact: The anticipated impact to the Police Department budget will be immaterial Purpose
To remove assignment pay from the salary schedule for compliance with current CalPERS regulations.

Council's Strategic Goal:

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

Background:

For administrative purposes, some Police Department job class numbers (JCNs) for officers were created to reflect special assignments. While this was efficient, it is not supported by Public Employment Retirement Law (PERL) and must be changed.

Analysis:

Two Police Department special assignment pays, detective and field training officer (FTO), were combined with police officer JCNs to reduce manual calculations and data entry during the payroll process. A recent review from CalPERS found this practice inconsistent with the Police Officer's Association memorandum of understanding and PERL (Article 4, Section 571.1). The City is required to remove those JCNs, 2230 (Police Officer - Investigations) and 2210 (Police Officer - FTO), and calculate assignment pay manually. The attached salary schedule contains this correction and staff added descriptions of the assignment pay calculations.

Fiscal Impact:

The anticipated impact on the Police Department budget will be immaterial.

Alternatives:

1. Do not approve the salary schedule modifications, or

2. Direct staff to other alternatives.

Recommendation:

Adopt a Resolution amending the Accountant I salary schedule for Accountant I by 12.8% and removing assignment pay job class codes.

Attachments:

1. Resolution
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE SALARY SCHEDULE FOR

POLICE ASSIGNMENT PAY
WHEREAS, CalPERS requires that special assignment pay be reported as Special Compensation and not included in base pay; and
WHEREAS, to best comply with CalPERS reporting requirements regarding special assignment pay (CalPERS Article 4, Section 571.1), JCN 2230 (Police Officer – Investigations) and JCN 2210 (Police Officer – FTO) will be removed from the salary schedule, effective April 23, 2022.

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

Adopt a Resolution amending the salary schedule to remove JCN 2230 (Police Officer – Investigations) and 2230 (Police Officer – FTO) from the salary schedule. These changes shall become effective with the payroll period beginning April 23, 2022.

The forgoing 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 19th day of December, 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

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Police Department
Presentation By: Brent Slade, Police Sergeant
Summary
Subject: FB 22-07 Chevrolet Tahoe Police Pursuit Purchase Recommendation: A. Adopt a Resolution awarding the purchase of five (5) Chevrolet Tahoe Pursuit Vehicles to Wheeler Chevrolet in the amount of $201,995.35. Sole source equipment purchases and install to Cop Shop installations of Yuba City, CA in the estimated amount of $124,063.45
B. Authorize a supplemental budget appropriation in the amount of $11,070 to purchase a 5 year/100K mile extended warranty for the five vehicles which was not offered by any other vendor
Fiscal Impact: $201,995.35 for the vehicles plus an additional $124,063.45 for the equipment and installation. Funding is available in the Vehicle Replacement Fund account # 6610-69401. A supplemental budget appropriation in the amount of $11,070 for the purchase of a 5 year/100k miles extended warranty for the vehicles.

Purpose:

Purchase of five (5) Chevrolet Tahoe 2WD Police Pursuit Vehicles Background:

Each year, Fleet Maintenance staff reviews the City’s vehicles to determine which are recommended for replacement. This is done by reviewing the age of the vehicle, the number of miles on the vehicle and the anticipated maintenance cost if the vehicle remains in service. The Police Department is due to replace several vehicles.

With the expected purchase of the Chevrolet Tahoe 2WD Police Pursuit vehicles, the City must also fit the vehicles with the needed equipment. Equipment to be purchased and/or installed includes light bars, sirens, computers, radios, and modems. The City always attempts to salvage equipment from vehicles going out of service and place them in the new vehicles, assuming they are compatible. This allows the City to save money on equipment.

Analysis:

A formal bid was developed and advertised according to the City’s ordinances. Bid notifications were issued to thirteen (13) vendors throughout California and the following bids were received:

Vendors Price

Wheeler Chevrolet $201,995.35 (original bid) +
Yuba City, CA $11,070 (extended warranty, see below)
= $213,065.35
Winner Chevrolet $220, 174.40
Elk Grove, CA
For fiscal year 19/20 the police department opted not to purchase any police vehicles due to the concern of the fiscal impact on the city caused by the pandemic. In the middle of March 2022, staff received notification from General Motors that the deadline to order 2022/23 police vehicles will be the middle of May 2022. If vehicles are not ordered by then there will be an approximate ten-month waiting period until 2024 vehicles can be ordered. There are several downsides to this option. First being a potential price increase of the individual police vehicles. Second being the department had to postpone the purchase of four (4) Tahoe Police Pursuit vehicles in 2021 due to General Motors halting manufacturing of the Chevrolet Tahoe Police Pursuit vehicles until July 2022. However, the police department opted to purchase two (2) Ford F-150 Police Pursuit Vehicles for fiscal year 21-22 (FB22- 04) as a temporary solution. Lastly, the cost of maintenance and repairs will significantly increase past the life expectancy of the current fleet of vehicles needing replacement.

Over the past five years the City has spent approximately $188,089.86 on maintenance and repairs for the five vehicles that are due to be replaced. The city would have a significant cost savings by purchasing the extended warranties in the total amount of $11,070 for the five (5) vehicles recommended to be purchased.

The City will also have Cop Shop Installations of Yuba City, CA perform the installation of all of the equipment that will be going into each vehicle. The City has worked with Cop Shop Installations and have been satisfied with the work performed in previous years. Historically, Cop Shop Installations have been the lowest bidder and at times have been the only bidder. It is in the best interest of the City to sole source the equipment installation to Cop Shop Installations.

Fiscal Impact:
$201,995.35 for the vehicles plus an additional $124,063.45 for the equipment and installation. Funding is available in the Vehicle Replacement Fund account # 6610-69401. A supplemental budget appropriation in the amount of $11,070 for the purchase of the 5 year/100k miles extended warranties for the vehicles.

Alternatives:

1. Reject the bid

2. Request new bid process

3. Do no purchase replacement vehicles
Recommendations:

1. After utilizing the Formal Bid Process, authorize the City Manager to award a contract to Wheeler Chevrolet, Yuba City, Ca. for five (5) 2WD Chevrolet Tahoe Police Pursuit vehicles for an amount not to exceed $201,995.35. Also, sole source the equipment purchases and installation to Cop Shop Installations of Yuba City, Ca. in the estimated amount of $124,063.45.

2. Authorize a supplemental budget appropriation in the amount of $11,070 for the purchase of a five-year/100k mile extended warranty on each of the purchased vehicles.

Attachments:

1. RESOLUTION

2. WHEELER AUTO CENTER BID

3. COP SHOP INSTALLATION ESTIMATE
Prepared By: Submitted By:

Brent Slade
Police Sergeant
Diana Langley
City Manager

Agenda Item
ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF FIVE (5) CHEVROLET TAHOE POLICE

VEHICLES TO WHEELER AUTO CENTER AND AUTHORIZING THE SOLE

SOURCE PURCHASE AND INSTALLATION OF VEHICLE EQUIPMENT TO

COP SHOP INSTALLATIONS
WHEREAS, the City issued a Formal Bid on March 22, 2022 to award a contract to the lowest, most responsive vendor to provide five (5) Chevrolet Tahoe Police vehicles; and WHEREAS, the City received two bids at the time of the bid opening and staff recommend awarding the purchase of the five (5) Chevrolet Tahoe Police vehicles to, Wheeler Auto Center of Yuba City, CA; and
WHEREAS, the City intends to sole source the purchase and installation of the required vehicle equipment to Cop Shop Installations of Yuba City, CA due to a special situation; and WHEREAS, Cop Shop Installations has historically provided the most satisfactory work at the most reasonable hourly work rate, thus leading to the most favorable pricing in the area; and, WHEREAS, the City recommends sole sourcing the purchase and installation of vehicle equipment to Cop Shop Installations of Yuba City, CA; and WHEREAS, the City has met the special situation requirement to sole source the equipment purchase and installation pursuant to the City Purchasing Policies section 9-3; and, WHEREAS, the City desires to authorize the sole source purchase of the equipment and installation for the Chevrolet Tahoe Police vehicles from Cop Shop Installations with the finding that it is in the best interest of the City.

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

1. The City Council of Yuba City finds that Wheeler Auto Center provided a bid at a fair and reasonable cost. The City Council hereby authorizes the City Manager to purchase the five Chevrolet Tahoe Police vehicles from Wheeler Auto Center in the not to exceed amount of $213,066.00, which includes the extended warranties on all five vehicles, without additional written consent from the City, subject to approval as to legal form by the City Attorney.

2. The City Council of Yuba City finds that a sole source award is appropriate on grounds that Cop Shop Installations has previously provided the City with satisfactory equipment and installation at a very reasonable price. Historically, Cop Shop Installations has provided the lowest hourly work rate, leading to an overall lower work cost, and has provided equipment with the design/specifications that are essential to department operations and for which departmental staff have training. The purchase and installation of Police vehicle equipment to Cop Shop Installations is in the best interest of the City as they have provided satisfactory work on Police vehicles in the past at a reasonable cost and the proposed negotiated prices are reasonable as well. As such, the City Council approves the purchase of equipment for the vehicles to Cop Shop Installations of Yuba

City in the amount of $124,063.45, and authorizes the City Manager to enter into an agreement for the same, subject to approval as to legal form by the City Attorney.

3. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of April, 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 9

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Second Groundwater Well (18-18) – Plans & Specifications Recommendation: Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project Fiscal Impact: Engineer’s Estimate $945,000 – CIP Account No. 971191-65501 (Second Groundwater Well)
Purpose:

To provide additional water resources by securing access to groundwater at the Water Treatment Plant.

Council’s Strategic Goals: The projects address the City Council’s Strategic Goal of Improving Infrastructure.

Background:

The United States Bureau of Reclamation (USBR) has awarded the City a $750,000 grant for the construction of a new potable groundwater well. A draft California Environmental Quality Act (CEQA) document and a USBR-approved National Environmental Protection Act (NEPA) document have both been completed.

On September 7, 2021, Council awarded a professional services agreement to West Yost & Associates of Davis, CA (West Yost) to develop plans and specifications for the drilling the new well and constructing the above-ground facilities, pump, and other related equipment. Due to the current drought conditions throughout the State, the design of this project has been fast-tracked in an attempt to bring the new well online as soon as possible.

In order to correctly design the above-ground facilities for the well, construction is planned to be broken down into two phases. The first phase is construction of the below-ground facilities, which involves drilling approximately 400 feet below the surface. At predetermined depths, samples will be taken where preliminary data has suggested there is a suitable groundwater aquifer. The data from the samples will help determine the yield of the well so equipment can be appropriately designed based on that yield. The anticipated yield from previous studies is approximately 2 million gallons per day.

The second phase will construct the above-ground facilities for the well including a three-sided structure, electrical cabinets, pump related equipment and plumbing. Recently, West Yost completed a 50% draft of plans and specifications for the above-ground facilities.

Analysis:

West Yost has prepared the plans, specifications, and estimate for construction of Phase I, the belowground facilities, for the Second Groundwater Well project. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for Bid: May 2022
Award Contract: June 7, 2022
Start of Construction: August - September 2022
Completion: November 2022
West Yost has been in contact with well drillers in the area and are incorporating their availability into the project schedule. The tentative schedule for design and construction of the above-ground facilities is as follows:

Complete Design: October 2022
Advertise for Bid: November 2022
Award Construction Contract: December 20, 2022
Start of Construction: January 2023
Completion: Spring 2023
The plans and specifications for the project are on file in the Public Works Department at City Hall and at http://www.yubacity.net/publicworksplans for review.

Fiscal Impact:

The total estimated Phase I project cost of the well drilling is $945,000. This includes a 10% construction contingency and 12% construction management and inspection fees.

The project will be funded through CIP Account No. 971191-65501 (Second Groundwater Well).

Currently, this account has a balance of $4,157,500 including grant funds. Staff plans to utilize the $750,000 in grant funds awarded by USBR for the project and the remaining costs will be covered by local funds from CIP Account No. 971191-65501. Detailed fiscal impacts will be presented to Council at the time of award based on actual bid amounts.

Environmental:

A mitigated negative declaration (MND) was prepared for the Second Groundwater Well project which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA). Staff is currently working on submitting the MND to the State Clearing House in April and beginning the 30-day public comment period by the end of April. Staff plans to present the mitigated negative declaration to Council for adoption at the time of award of a construction contract.

Alternatives:

Instruct staff to direct West Yost & Associates to modify the plans and specifications. The project’s schedule will be delayed resulting in less water resources being available to the City as the drought continues in California.

Recommendation:

Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Second Groundwater Well Project at the Water Treatment Plant and authorizing advertisement for bids on the project.

Attachments:

1. Resolution - Second Groundwater Well (18-18) – Plans & Specifications Prepared By: Submitted By:

William Jow
Assistant Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE BELOWGROUND FACILITIES OF THE SECOND GROUNDWATER WELL PROJECT AT THE

WATER TREATMENT PLANT AND AUTHORIZING ADVERTISEMENT FOR BIDS ON

THE PROJECT
WHEREAS, it is in the best interest for the City to construct a Second Groundwater Well in order to ensure the City has accessible water resources during times when the City’s surface water rights are curtailed; and
WHEREAS, the United States Bureau of Reclamation has awarded $750,000 through the Drought Resiliency Grant Program to construct a Second Groundwater Well; and
WHEREAS, the City has entered into a professional services agreement with West Yost and Associates of Davis, CA to develop plans and specifications for drilling the new well and constructing the above-ground facilities, pump, and other related equipment and West Yost and Associates have finished the plans and specifications for the belowground facilities of the second groundwater well; and WHEREAS, the Public Works Department intends to solicit bids for the drilling of a Second Groundwater Well at the Water Treatment Plant; and WHEREAS, it has been determined by the City Council that such infrastructure is in the public interest,
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:

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

2. The plans and specifications for the Project are approved.

3. The Public Works Department is hereby authorized and directed to advertise for bids for the Project.

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 19th day of April, 2022.

AYES:

NOES:

ABSENT:

ATTEST:

Dave Shaw, Mayor
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: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: George Barlow, Management Analyst
Summary
Subject: Community Sponsorship Requests
Recommendation:

A. Adopt a Resolution to approve a monetary Sponsorship request from the Trauma Intervention Program of $5,000.00 for the support of survivors of emergencies and tragedies
B. Adopt a Resolution to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement (AHA) of up to $25,000.00 to advance Hispanic heritage in our local communities through community action, educational enhancement, and economic development
Fiscal Impact: Monetary sponsorships in the amount of up to $30,000.00 Council's Strategic Goal:

The overarching strategic goal of "Quality of Life."
Purpose:

City sponsorships reflect support of specific programs or events by an organization. The intent is that the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program or event.

Background:

On January 18, 2022, Council adopted an Amended Community Sponsorship Policy which specifies the following factors that will be considered during the approval process:
 All monetary sponsorship requests will be approved by the City Council at a public meeting.  Resources available (e.g., budget, staff, workload capacity, etc.)  Compatibility with the strategic goals of the City Council and the mission of Yuba City.  Impact of an event on City Facilities.
 Risk to the City.
 The ability of the organization to obtain liability insurance naming the City as an additional

insured.
 The overall benefit to the community.

The following sponsorship requests were received from:

Trauma Intervention Program (TIP)
The Yuba-Sutter Chapter of TIP Inc. was founded in 1994. There are currently 35 responders serving two counties, 1250 square miles, and 170,000 residents. TIP serves all 35 emergency agencies and Adventist Hospital in the area.

TIP provides immediate emotional and practical support to survivors of a tragedy. Local residents are trained to be TIP Responders and are available on a 24/7/365 day basis to assist law enforcement, firefighters, paramedics, deputy coroners, and hospital personnel. Last year, TIP responded to 210 calls for service in Yuba City.

TIP people respond to support survivors of all types of tragedy, including sudden deaths, suicides, homicides, all types of accidents, drownings, victims of crimes, structure fires, and overdoses. TIP also supports travelers when tragedy occurs in the Yuba-Sutter area, and they are far from home.

Survivors of tragedies get a high level of care in Yuba-Sutter Counties because TIP is involved. TIP contributes approximately 40,000 hours a year or nearly $ 1 million in labor to the community. TIP on scene lowers the stress level of emergency workers and helps them return to service sooner.

TIP is a nonprofit 501C (3) organization. Services are provided to survivors and their families free of charge. Funding is provided through donations and grants (when available).

TIP Yuba-Sutter is a Chapter of Trauma Intervention Programs Inc (tipnational.org), founded in San Diego County in 1985. There are currently 13 regional chapters in the nation serving over 250 cities.

Alliance for Hispanic Advancement (AHA)
AHA has over 30 years of local committed leadership, providing multiple services to the Yuba City Hispanic heritage community and business owners. AHA shares the same "Quality of Life" priority as the City does. AHA empowers our Hispanic community to foster pride and commitment to contributing back to our City.

AHA is a well-respected and recognized non-profit in the Yuba-Sutter region. These funds would help develop and continue the services and programs that include education, community involvement, and business economics.

Analysis:

Account Number Description Funding Available
4220-66010 Community Contributions $6,148.00
4220-66015 Community Events $5,000.00
------ ------ ------
Fiscal Impact: Monetary sponsorships in the amount of up to $30,000.00 Recommendation:

A. Adopt a resolution to approve a monetary Sponsorship request from the Trauma Intervention Program of $5,000.00 for the support of survivors of emergencies and tragedies B. Adopt a resolution to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement (AHA) of up to $25,000.00 to advance Hispanic heritage in our local communities through community action, educational enhancement, and economic development Attachments:

1. RESOLUTION - Community Sponsorship Request (TIP)

2. RESOLUTION - Community Sponsorship Request AHA

3. Trauma Intervention Program Sponsorship Request

4. Alliance for Hispanic Advancement Sponsorship Request Prepared By: Submitted By:

George Barlow
Management Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING

COMMUNITY SPONSORSHIP REQUEST FOR, TRAUMA INTERVENTION PROGRAM (TIP) WHEREAS, The Trauma Intervention Program (TIP), a 501(c)(3) non-profit organization, is requesting community sponsorship funds for their ongoing public program; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the listed are nonprofit organizations with financial hardships that serves an important public purpose to the community insofar as the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program; and
NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that the Trauma Intervention Program Community Sponsorship request meets the criteria for consideration of such request because the applicant is a nonprofit with financial hardships that services an important public purpose, and according approves the sponsorship request of $5,000.00 for the Trauma Intervention Program (TIP).

Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable.

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

Section 4. This Resolution shall take effect immediately and that the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 19th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Dave Shaw, Mayor
ATTEST:

_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

ATTACHMENT 2

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING

COMMUNITY SPONSORSHIP REQUEST FOR, THE ALLIANCE FOR HISPANIC

ADVANCEMENT (AHA)
WHEREAS, The Alliance for Hispanic Advancement (AHA), a 501(c)(3) non-profit organization, is requesting community sponsorship funds for their ongoing public program; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the listed are nonprofit organizations with financial hardships that serves an important public purpose to the community insofar as the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program; and
NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that the Alliance for Hispanic Advancement Community Sponsorship request meets the criteria for consideration of such request because the applicant is a nonprofit with financial hardships that services an important public purpose, and according approves the sponsorship request of up to $25,000.00 for the Alliance for Hispanic Advancement (AHA).

Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable.

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

Section 4. This Resolution shall take effect immediately and that the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 19th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Dave Shaw, Mayor
ATTEST:

_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

ATTACHMENT 3

ATTACHMENT 4

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Police Department
Presentation By: James Runyen, Police Commander
Summary
Subject: An Ordinance Adopting an Equipment Use Policy per CA Assembly Bill No. 481 Recommendation: Waive the reading and adopt an Urgency Ordinance of the City Council of the City of Yuba City adding Chapter 23 to Title 4 of the Yuba City Municipal Code adding a policy related to use of Military Equipment Policy by title only Fiscal Impact: None
Council's Strategic Goal:

This addresses the City Council's Strategic Goal of Public Safety.

Purpose:

To establish an emergency ordinance that complies with Assembly Bill 481, which codified Government Code sections 7070 through 7075 and requires a law enforcement agency to obtain approval from an applicable governing body by adopting a “military equipment” use policy by ordinance. This must be done prior to the law enforcement agency funding, acquiring, or using military equipment. The Yuba City Police Department seeks City Council adoption of the attached Military Equipment Use Policy – YCPD policy 707 (Exhibit A), in order to allow YCPD to continue to use the vital equipment specified therein. The emergency ordinance is attached to this report (Exhibit B).

Background:

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the City of Yuba City.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

YCPD is committed to using the most up-to-date tools and equipment to safeguard the citizens of Yuba

City. Many items deemed to be “military equipment” by AB 481 are in fact employed by YCPD and LEA’s across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and the accompanying Military Equipment Use Policy, also provide YCPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

Along with seeking authorization to use preexisting equipment, the YCPD also seeks authorization to acquire, fund and use a new piece of equipment in the coming year. In sum, Yuba City Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community. In the event of a mass casualty event, an armored vehicle provides protection and evacuation abilities for both citizens and officers. The protection of ballistic equipment allows for more time and opportunity to attempt to deescalate situations and provides for safer tactics to resolve life-threatening events in the safest way possible.

YCPD is requesting to purchase a Lenco Bearcat G2 in the coming fiscal year. The Lenco Bearcat, G2, is an armored vehicle designed specifically for law enforcement that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. It can stop various projectiles, which provides greater safety for citizens and officers beyond the protection level of shield and personal body armor. This allows officers the ability to gain a better view of suspects from a safe position and introduce less than lethal options when dealing with violent offenders. The Bearcat has become a standard for many tactical teams in the nation, offering more opportunity to resolve critical incidents in the safest manner for all involved parties. This armored vehicle is more suited for our needs than the current military armored vehicles the department is using that were acquired through the 10-33 program.

Analysis:

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers with as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below is vital to YCPD’s mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance seeks to approve YCPD’s Policy 707, which constitutes YCPD’s Military Equipment Use Policy. Policy 707 outlines each item identified in Government Code section 7070 that is currently owned by the City. The policy also includes the current use and cost of each item (Exhibit 1). These particular items, and their stated uses, were in place prior to the implementation of AB 481 or currently in the process of being obtained. Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.

The proposed ordinance safeguards the public’s welfare, safety, civil rights and civil liberties. The ordinance ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, the ordinance requires that YCPD’s Field Operations Division Commander will ensure that YCPD complies with the policy. YCPD will conduct an annual audit of military equipment. Violations of the policy will be corrected when discovered. Members of the public are provided directions per the policy on how to register complaints about violations. All items which result in the use of force will be investigated, as is already required by existing YCPD policy.

There are no reasonable alternatives to the items listed below. YCPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.

Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicles: Unmanned aerial systems (UAS) are necessary as they provide visibility to high risk locations. Without the use of a UAS, peace officers would have to deploy to high risk locations, which would increase the risk to the officers and members of the public.

The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often times crowded spaces.

There are no known alternatives which could be used to safely access these locations.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a peace officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of peace officers to engage in high-risk tasks. There is no known alternative to this system.

Armored personnel carriers: Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. These vehicles allow officers closer access to high risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Breaching apparatuses, battering rams, slugs: Battering rams and breaching apparatus are used to defeat locked, barricaded or fortified locations, allowing officers to conduct rescues or high-risk forcible entries. This includes but is not limited to rescuing hostages. These items allow peace officers to quickly enter a structure when time is of the essence. This would include but not limited to an active shooter or kidnapping situation. In such situations, time is of the essence and it would not be feasible to wait for another delayed access to the structure. There are alternatives which are used for low risk and/or non-fortified situations. This includes handheld battering rams. However, this alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such, there is no reasonable alternative to these items when they are used and required.

Specialized firearms and ammunition, including assault weapons (except for standard issued weapons): Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers when in compliance with the YCPD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers’ precision shot placement, minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flashbangs: Flashbangs are used as a distraction device in order to disorient or divert the suspect’(s) attention away from officers. This can allow officers to gain safer access to a high- risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There is no known alternative to a flashbang when it is necessary.

Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.
40mm projectile launchers and bean bag shotguns: The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater

distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

New Acquisitions
If approved for purchase, the Bearcat will sustain YCPD SWAT’s core capabilities of protection, response, prevention, mitigation, and recovery to a terrorist attack, critical incident, mass casualty incident or rescue, by allowing tactical team members access to a mobile piece of equipment for the safety of officers and civilians. The YCPD SWAT Team needs mobile NIJ Level IV protection in offroad environments, tight indoor and outdoor spaces, and at second floor levels of structures. SWAT also needs NIJ Level IV protection in order to provide life-sustaining/saving services to the affected population, conduct stabilization and rescue efforts, and ensure a safe and secure environment. The Bearcat will also sustain efforts to identify, discover and locate threats or hazards, to include explosives and ballistic threats. At this time, there are no other commercially produced vehicles available that can achieve the same objective of officer and civilian safety.

The YCPD will be seeking a combination of city funds and grants funds to acquire this piece of equipment.

If approved and purchased, the YCPD SWAT Team will train with the Bearcat to assess capability, safety and effective use. The training will consist of lectures, familiarization, and driving.

Because there is only one vendor producing this product or anything similar, the price is reasonable compared to other armored vehicles.

Fiscal Impact:

None at this time.

Alternatives:

None
Recommendation:

Adopt an Emergency Ordinance that allows YCPD to use existing equipment that falls under the military equipment use policy (YCPD policy 707) that complies with the requirements of Assembly Bill 481.

Attachments:

1. Exhibit A YCPD Policy 707

2. Exhibit B Urgency Ordinance
Prepared By: Submitted By:

James Runyen
Commander
Diana Langley
City Manager

01248.0001/771133.3

EXHIBIT B

01248.0001/771133.3
ORDINANCE NO. ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADDING CHAPTER 23 TO TITLE 4 OF THE YUBA CITY MUNICIPAL CODE ADDING

A POLICY RELATED TO USE OF MILITARY EQUIPMENT POLICY
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; WHEREAS, Assembly Bill 481 (AB 481), codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”. The term “military equipment” is defined in California Government Code Section 7070; WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment, within its jurisdiction only if it makes specified determinations; WHEREAS, The proposed military equipment use policy is found within Yuba City Police Department Policy Manual, Policy 707. The policy was published on March 11, 2022 and displayed on the Yuba City Police Department website on March 11, 2022, and is being presented to the City Council on April 19, 2022;
WHEREAS, The Yuba City Police Department Policy 706 meets the requirements of California Government Code 7070;
WHEREAS, This ordinance adds Chapter 23, to Title 4 of the Yuba City Municipal Code to affirm and codify Yuba City Police Department Policy 707 and authorize the use of “military equipment” by the members of the Yuba City Police Department as described in Policy 707;
WHEREAS, The Yuba City Municipal Code and Governing state law enables the City Council of the City of Yuba City to enact an urgency ordinance when needed to respond to any emergency to preserve the public peace, health, safety, or public welfare.

WHEREAS, The City of Yuba City has a compelling interest in immediately enacting the standards set forth by Yuba City Police Department Policy 707; WHEREAS, The City Council determines this ordinance is an urgency measure needed to immediately preserve public health, safety, and welfare. It is intended this urgency ordinance shall take immediate effect to avoid and ameliorate the threat to public peace, health, and safety; and

01248.0001/771133.3
WHEREAS, In the enactment of this ordinance, the City of Yuba City has followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. and found this activity is not a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.

SECTION 2. The City Council finds that there is a current and immediate threat to public health, safety, and welfare posed by the failure to enact this Urgency Ordinance to address the requirements of Assembly Bill 481, and there is an immediate need for the preservation of public peace, health or safety of the residents and community of the City.

SECTION 3. Chapter 23 of Title 4 is added to the Yuba City Municipal Code to read in its entirety as follows:

CHAPTER 23- MILITARY EQUIPMENT USE POLICY
Sec. 4-23.010 -Title
This chapter shall be titled “Military Equipment Use Policy.” Sec. 4-23.020 - Findings.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed Military Equipment Use Policy is found within Yuba City Police Department Policy Section 707.

E. The Military Equipment Use Policy as set forth in Yuba City Police Department

01248.0001/771133.3
Policy Section 707 was published as required by law and meets the requirements of California Government Code section 7070, subdivision (d).

Sec. 4-23.030 - Determinations.

Based on the findings above, in addition to information provided to the City Council at the public hearing, the City Council determines as follows:

1. The military equipment identified in Yuba City Police Policy 707 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The Military Equipment Use Policy as set forth in Yuba City Police Policy 707 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified as Yuba City Police Policy 707 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. The Military Equipment Use Policy as set forth in Yuba City Police Policy 707 is approved and adopted as may be amended from time to time.

SECTION 4. The City Manager is hereby directed to execute all documents and to perform all other acts necessary to implement this Ordinance.

SECTION 5. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances.

The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 6. In accord with Yuba City Municipal Code and Governing state law this urgency ordinance shall take immediate effect upon its adoption.

01248.0001/771133.3
PASSED AND ADOPTED at a regular meeting of the City Council on the 19th day of April, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

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

APPROVED AS TO FORM

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

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Fire Department
Presentation By: Jesse Frias
Summary
Subject: Fire Inspection Fee Schedule
Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution amending the Yuba City Schedule of Fees and Charges for City services related to Fire Department Inspection Services, which include creating a R-1 & R-2 Fire Inspection Fee and updating the Assembly Fire Inspection Fee
Fiscal Impact: Projected revenue increase by a minimum of $73,580 for the 22/23 FY.

Purpose:

Increase and inclusion of selected inspection fees to recoup operating costs.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goal of maintaining and improving Public Safety.

Background:

California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire in December 2016 brought national attention to California and put a spotlight on fire safety laws and the performance of fire inspections.

State-mandated inspections were enacted by the California Health & Safety Code Sections 13146.2, and 13146.3 requiring all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards.

Currently, the fire department has no fee established for said state-mandated inspections.

The department also conducts annual “Assembly” inspections on occupancies being occupied or used for a gathering of 50 or more persons for civic, political, travel, religious, social, educational, recreational, or like purposes, or for the consumption of food or drink.

The current City fees in place do not cover the operational expense of providing fire life and safety inspections to the public members as it relates to Assembly inspections.

Analysis:

Annually, the City of Yuba City Fire Department shall conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings according to California Health and Safety Code Section 13146.2 13146.3.

Since California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, the City has not established a fee to cover operational expenses for conducting R-1 & R-2, Apartments, Hotels and Motel mandated inspections. Establishing an inspection fee will assist in generating revenue to offset the costs of staffing needed to perform approximately 307 additional required inspections per year.

Staff established the R-1 & R-2 inspection fee based on an approximate actual cost basis by utilizing the hourly rates for the Fire Marshal, Fire Safety Inspector, and Administrative Clerk. The approximate actual cost to inspect R-1 & R-2 occupancies up to 50 units is an average of $225 per unit, and greater than 50 units is $300. The fee is calculated at an average of two hours for an inspector, half an hour for the Fire Marshal, a half-hour for the Administrative Clerk, and a ten percent administrative fee for up to 50 units. The same calculation was used for inspections on occupancies greater than 50 units, but with one additional hour for the Fire Safety inspector being added to occupancies with 51 or more units.

Staff also reviewed the fee for conducting “Assembly” occupancy inspections and found that the department is not recovering the total costs for providing the inspections and therefore would like to increase the amounts using the same methodology as stated above based on actual costs.

In addition, staff conducted a fee survey of other municipalities. Please refer to Exhibit A – Proposed Fee Schedule.

Fiscal Impact:

Projected increase of revenue by a minimum of $73,580 for the 22/23 FY. Establishing a fee for inspections on approximately 307 R-1 & R-2 (apartments, hotels & motels) occupancies will generate a minimum revenue of $69,075. In addition, increasing the Assembly occupancy inspection fees will generate $4,505 in additional revenue.

Alternatives:

1. Approve only the R-1 & R-2 fire inspection fee.

2. Approve only the Assembly fire inspection fee increase.

3. Authorize the Fire Department to hire a consultant to perform a Fee Analysis Study.

4. Do not approve the recommendation to update the Yuba City Fee Schedule for the Fire Life & Safety Inspections costs.

Recommendation:

1. Conduct a Public Hearing; then

2. Adopt a Resolution authorizing the Finance Department to update the Yuba City Fee Schedule for the costs associated with Fire Life and Safety Inspections, which include creating a R-1 & R2 Fire Inspection Fee and increasing the Assembly Fire Inspection Fee.

Attachments:

1. Attachment 1 - Exhibit A - Proposed Fee Schedule

2. Attachment 2 - Fee Schedule Resolution
Prepared By: Submitted By:

Jesse Alexander
Fire Chief
Diana Langley
City Manager

ATTACHMENT 1

EXHIBIT A
Fee Description YC Current YC Proposed Chico Woodland Merced Marysville Folsom Tracy Rocklin Lodi Davis R-1 & R-2
Occupancies -
Apartments/Hotels/
Motels
$0.00 3-50 Units $225
>50 Units $300
$106/hr
+$20 if they
have a P.A
3-9 units $192
10-49 units $235
50-100 units $277
101-200 units $362
201-300 units $447
301-400 units $489
401-500 units $575
>500 units $660
<5 units $98
5-20 units $130
21-50 units $163
>50 units $163
3-9 units $75
10-16 $150
17-60 $225
>61 $300
$185/hr $157.13/hr
3-16 units $283
17-32 units $338
33 or more $420
3-16 units $146+
17-32 units $205+
33 or more $234+
+min fee, actual
cost may vary - Fees
based on $135/hr
(in quarter
increments)
30 or less units $129
31 or more $317
Assembly (Per
occupant Load
amount)
50-299 $74
300-999 $98
1,000+ $147
50-299 $99
300-999 $132
1,000+ $198
$122 $227
50-299 $130
300+ $260
Non-profit $75
$150 50+ $185
$282.13/
permit fee
$157.13/
Inspection
fee
<300 $338
300-900 $475
1,00+ $530
$135+ +min
fee, actual cost may
vary - Fees based on
$135/hr (in quarter
increments)
>10,000 sq ft $129
10,000+ sq ft $317

ATTACHMENT 2

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AMENDING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES RELATED

TO FIRE DEPARTMENT INSPECTION FEES
WHEREAS, on March 20, 2007, the City Council repealed and reenacted Chapter 8 of Title 3 of the Yuba City Municipal Code (User Fee Recovery System) and adopted Resolution No. 07-25 updating the Schedule of Fees and Charges for City Services (User Fee Schedule); and WHEREAS, the City desires to maintain its policy of recovering the full costs reasonably borne of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, the User Fee Schedule is adjusted annually for inflationary changes and as needed for changes to services offered by the City; and
WHEREAS, the City Council of the City of Yuba City has repealed and reenacted Chapter 5 of Title 4 of the Yuba City Municipal Code pertaining to Inspection Services and Permit fees; and WHEREAS, the Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105 of the International Fire Code. In addition, this schedule may include a fire service fee to be charged to any person, firm, corporation or business that through negligence, violation of the law, or as a result of carelessness, is responsible for the cause of any fire service response to the scene of such an incident; and WHEREAS, it shall be unlawful for any person, firm or corporation to operate a business unless a fire clearance inspection has been made and such businesses are in compliance with all Fire Department requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that Section V - Public Safety of the User Fee Schedule reflect the addition of R1 & R2 (Apartments/Hotels/Motels) Occupancy Inspections and Places of Assembly is amended to read as follows:

Places of Assembly: 50-299 persons $99
300-999 persons $132
1000+ persons $198
R-1 & R-2 (Apartments/Hotels/Motels):
3-50 units $225
>50 units $300
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 19th day of April, 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 13

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter
Recommendation: Adopt a Resolution authorizing the Mayor to execute a second amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form
Fiscal Impact: Amendment will result in minor increases to the service rates of Recology YubaSutter customers living within the Yuba City City Limits.

Purpose:

To consider an amendment to modify the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter to address Senate Bill 1383 (SB 1383) requirements, reduce the biosolids disposal rate, and further align the City's Franchise Agreement with those of the other Regional Waste Management Authority (RWMA) jurisdictions.

Council's Strategic Goal:

This addresses Council's Strategic Goal of Fiscal Responsibility.

Background:

On October 2, 2018, City Council approved a new Collection Services Franchise Agreement (Agreement) with Recology Yuba-Sutter (Recology) to provide solid waste, recycling, and organic material collection services. The Agreement was scheduled to go into effect on October 1, 2019.

However, in February 2019, Recology submitted a request to change the Agreement. On August 20, 2019, City Council approved Amendment No. 1 to the Agreement. Amendment No. 1 primarily addressed 13 items, detailed as follows:
 Section 5.8G - On-Call Electronic Waste Collection - Recology to provide on-call electronic waste collection service to Commercial Units under current programs.  Section 5.8H - On-Call Universal Waste Collection - Recology to provide on-call universal waste collection service to Commercial Units under current programs.

 Section 5.11 - Biosolids Handling - Provided disposal and hauling rates for the disposal of biosolids from the Wastewater Treatment Facility. Initial biosolids disposal rates were set at $38 per ton as of October 1, 2019, and scheduled to increase to $76 per ton as of October 1, 2022 through a series of annual increases.
 Section 7.9A - Vehicle Requirements - General Provisions - Removed the requirement for model 2019 collection vehicles and instead included a list of the vehicle inventory Recology intended to use to provide services under the Agreement, recognizing that the current fleet's service dates ranged from 9/01/15 to 2/01/19.
 Section 7.10 A - Single Family Dwelling Carts - Removed the requirement that the carts be new and the default service will not be a 96-gallon cart for each type of material collected. Single Family Dwelling customers would have the option to choose between 32-, 64-, or 96-gallon carts for Solid Waste and will receive a 64-gallon cart for Recyclable Materials and a 96-gallon cart for Green Waste.
 Section 7.10 B - Distribution of Carts and Bins - Removed the requirement for Recology to purchase and distribute new carts and bins to customers.  Section 7.15 - Recycling - Improper Procedure - Added language to clarify that infractions are per Agreement Year and allow Recology to charge a fee for three or more instances of contamination.
 Section 7.16 - Organic Materials - Improper Procedure - Added language to clarify that infractions are per Agreement Year and allow Recology to charge a fee for three or more instances of contamination.
 Section 8.10 - AB 341 and AB 1826 Compliance - Changed the language to match the language in the other RWMA member agency contracts.
 Section 8.11 - Right to Audit - Added language that the scope of the audit may be expanded and the City may be able to recover any additional costs resulting from the expanded scope if inaccuracies are found in Recology's payments to the City.  Section 10.5 - Extraordinary Rate Adjustments - Adopted the methodology for special rate adjustments provided for in the other RWMA member agency contracts.  Section 10.6 - Submittal of Request - Defined the process for how a request for an extraordinary rate adjustment should be conducted.

On February 4, 2020, City Council received an informational report regarding Senate Bill 1383 (SB 1383) Compliance Planning. SB 1383, available for review at https://calrecycle.ca.gov/organics/slcp/, is the most significant waste reduction and recycling mandate to be adopted in California in the last 30 years. It includes state-wide requirements to reduce organic waste (food, green, paper products, and other materials) disposal and increase edible food waste recovery. The informational report noted, "The City entered into a 10-year franchise agreement with Recology Yuba-Sutter in October 2019 for the collection of solid waste, recyclable materials, organic materials, and construction and demolition debris. Under the Agreement, Recology is required to provide single-family and multi-family customers with solid waste, recyclable materials, and green waste collection services. For commercial customers, Recology is required to provide solid waste collection service and offer recyclable materials, green waste, and food waste collection services. The Agreement may require an amendment to incorporate expansions in certain programs and new activities for Recology." The informational report also went on to note that in order to achieve compliance with SB 1383, the City will need to negotiate an amendment to its existing Agreement with Recology to expand food waste collection service to its residential customers.

Around the same time, Recology approached the City about modifying the Consumer Price Index (CPI) methodology. Staff began discussions related to Amendment No. 2 to the Agreement.

Analysis:

City staff and Recology staff have identified several items to be addressed with Amendment No. 2. A summary of those items is provided below.

Yuba City Requests

1. Stabilize Biosolids Handling Rates - Amendment No. 1 provided for disposal and hauling of biosolids from the Wastewater Treatment Facility. The disposal rate is scheduled to increase from $61 per ton to $76 per ton as of October 1, 2022. This increase in rates increases the City's cost to dispose of biosolids significantly. Staff has evaluated other options to dispose of biosolids, and disposal via Recology is the most cost effective option. It has been negotiated and proposed under Amendment No. 2 that the disposal rates will only increase to $63 per ton effective October 1, 2022.

2. Add a Residential Food Waste Collection Program - Allow residential customers to place food waste and food-soiled papers into the green waste container.

3. Provide for Billing and Service Level Audit Provisions - Recology shall perform a comprehensive audit of all Collection routes in the Service Area as of October 1, 2022, and every twenty-four (24) months thereafter, and submit to the City a written report of the results of that audit.

4. Require an Emergency Action Plan - Prior to October 1, 2022, Recology is required to work with the City to prepare an Emergency Action Plan for disaster preparedness, to provide a framework for Recology to continue to provide collection services after a catastrophic event.

5. Add Yuba City to a combined diversion calculation with the other five RWMA member agencies - Disposal and diversion data for Yuba City will be reported on an aggregate basis for all RWMA member agencies for purposes of determining compliance with the 30% Minimum Diversion Requirement.

6. RWMA Surcharge Fee - The RWMA Surcharge Fee, which is a fee charged to fund the RWMA, will be separated from the City's Franchise Fee and Recology will pay the surcharge fee directly to RWMA.

7. Miscellaneous Agreement Language and Minor Service Modifications - Recology agreed to miscellaneous Agreement language and minor service modifications to better align Yuba City's Agreement with the agreements of the other RWMA member agencies.

8. Addition of a Recycling Coordinator - Recology is to provide two Recycling Coordinators whose time is to be shared proportionately among the RWMA member agencies.

Recology Requests

1. Adjust rates to compensate for the addition of a Residential Food Waste Collection Program - Recology is requesting a price increase to cover at least a portion of the costs to implement the residential food waste recovery program. Recology is estimating that the residential food waste collection program will require 60% of a driver and truck as well as additional processing costs.

2. Match RWMA CPI rate methodology - Yuba City's current Agreement includes CPI rate methodology based on the changes in the current and prior year April values for the index. The CPI rate methodology for the other RWMA jurisdictions is based on the change in the annual average of the index for the current and prior years with the April values being the ending values for each annual average calculation.

3. Request additional ancillary charges to match other RWMA jurisdictions - Insert additional rates to match other RWMA jurisdictions (refer to Exhibit 1 of the Amendment).

4. Remove requirement to maintain an office in Yuba City - Remove the requirement that Recology maintain a publicly accessible office located in Yuba City. Yuba City customers shall have access to the publicly accessible office located within the RWMA Service Area.

5. Modify the term of the Franchise Agreement to match the term of the other jurisdictions in RWMA - Yuba City's current Agreement is currently scheduled to terminate on September 30, 2029, with the option for two five-year extensions, which would set the potential final termination date at September 30, 2039. In order to match the terms of the other RWMA jurisdictions, the proposal is to modify the initial term so that the Agreement terminates on September 30, 2028, and add the option for three five-year term extensions, which would set the potential final termination date at September 30, 2043.

The attached Amendment provides greater detail of items highlighted above as well as the proposed Rate Summary.

Fiscal Impact:

To offset Recology's anticipated increase in operational costs to provide the additional services noted above, it is proposed to increase Yuba City's Base Rates to match Sutter County's Base Rates, which will increase Recology's revenue by 2.24%, and to reduce Yuba City's Franchise Fee to 10%, which also matches Sutter County's Franchise Fee. The reduction of Yuba City's Franchise Fee will result in an estimated annual reduction in revenues to Yuba City of approximately $260,000. Staff recommends matching Yuba City's and Sutter County's Base Rates and Franchise Fees as Yuba City customers will now be receiving very similar services to Sutter County customers.

If approved, the increase to Yuba City's Base Rates will be effective May 1, 2022. Also of note is that an additional 3% increase will occur on October 1, 2022, which will be the annual CPI adjustment, and will be applied to the rates of all of the RWMA jurisdictions.

An additional benefit of Amendment No. 2 is that the Biosolids Handling Rate will be $63 per ton instead of $76 per ton, effective October 1, 2022. This will have long-term benefits to City wastewater customers as future increases in the Biosolids Handling Rate will be indexed based upon the lesser dollar amount.

Alternatives:

Do not approve Amendment No. 2 and direct staff as to what items need to be re-negotiated.

Recommendation:

Adopt a Resolution authorizing the Mayor to execute a second amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form.

Attachments:

1. Attachment 1 - Reso - Recology
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 AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE 2019

COLLECTION SERVICES FRANCHISE AGREEMENT WITH RECOLOGY YUBA-SUTTER,

SUBJECT TO IMMATERIAL MODIFICATIONS BY THE CITY MANAGER UPON APPROVAL

OF THE CITY ATTORNEY AS TO LEGAL FORM
WHEREAS, on October 18, 2018, City Council approved a new Collection Services Franchise Agreement (Agreement) with Recology Yuba-Sutter (Recology); and, WHEREAS, on August 20, 2019, City Council approved Amendment No. 1 to the Agreement ; and
WHEREAS, on February 4, 2020, City Council received an informational report regarding Senate Bill 1383 (SB 1383) Compliance Planning; and
WHEREAS, the informational report noted that in order to achieve compliance with SB 1383, the City will need to negotiate an amendment to its existing Agreement with Recology to expand food waste collection service to its residential customers; and WHEREAS, City staff identified other items that they desired to be re-negotiated and Recology identified items that they would like renegotiated; and WHEREAS, Amendment No. 2 to the Agreement has been prepared to memorialize the requested modifications to the Agreement; and
WHEREAS, from time to time, Amendment No. 2 may require immaterial modifications to facilitate implementation of the Amendment.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City does hereby authorize the Mayor to execute a second amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form.

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 19 th day of April, 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
Attachments:

Amendment No. 2 to the 2019 Collection Services Franchise Agreement with Recology YubaSutter

1 AMENDMENT TO COLLECTION SERVICES FRANCHISE AGREEMENT
This Amendment to Franchise Agreement (this “Amendment”) is made and entered into as of April 19, 2022 between the City of Yuba City, a California municipal corporation (“City”), and Recology Yuba-Sutter, a California corporation (“Contractor”).

WHEREAS, City and Contractor are parties to a Collection Services Franchise Agreement dated August 20, 2019 (the “Franchise Agreement”), having an initial term running from October 1, 2019 to September 30, 2029;
WHEREAS, the parties wish to extend the term of and amend the Franchise Agreement to increase efficiency and align the contract more closely with those of other Regional Waste Management Authority (“RWMA”) members;
NOW, THEREFORE, the parties agree as follows:

1. Effective Date. The amendments set forth in this Amendment shall take effect as of May 1, 2022.

2. Definitions.
a. The third sentence of the definition of “Bulky Items” is hereby amended to read as follows:
“The maximum weight and dimensions of Bulky Items shall be as directed by CONTRACTOR but shall not be less than two (2) cubic yards per Collection.” b. The following definitions are hereby added to Article 1 of the Agreement:
“Member Agency(ies).
‘Member Agency(ies)’ means the CITY and any other City or County in the Regional Waste Management Authority (RWMA), a joint powers authority.

RWMA Service Area.
‘RWMA Service Area’ means the combined legal corporate limits of the CITY and any other City or County that is a member of the RWMA.”

3. Term of Agreement. Article 3 of the Agreement is hereby amended to read as follows:
“3.1 INITIAL TERM
The Term of this Agreement shall be for a nine (9) year period beginning October 1, 2019 and terminating on September 30, 2028.

3.2 EXTENSION OF INITIAL TERM
On or before July 1, 2026 the City Council may approve an offer to the CONTRACTOR in writing for a five (5) year extension of this Agreement for the period October 1, 2028 through September 30, 2033. Provision ofsuch offer shall be at the sole discretion of the CITY Council. CONTRACTOR shall provide written notice to CITY as to whether CONTRACTOR accepts or rejects CITY'S offer within twenty (20) Residential Service

2 Work Days of the date of the offer. If CONTRACTOR fails to provide such notice to CITY within said twenty (20) Residential Service Work Days, CITY'S offer shall be deemed withdrawn and CITY shall have no obligation to extend the Term of this Agreement beyond September 30, 2028. If the Term of this Agreement is extended, the Maximum Service Rate provisions of Article 10 shall not be subject to negotiation. However, Maximum Service Rates shallbe adjusted annually throughout the extended Term as provided in Article 10.

3.3 EXTENSION OF SECOND TERM
On or before July 1, 2031, the City Council may approve an offer to the CONTRACTOR in writing for a second five (5) year extension of this Agreement for the period October 1, 2033 through September 30, 2038. Provision of such offer shall be at the sole discretion of the CITY Council. CONTRACTOR shall provide written notice to CITY as to whether CONTRACTOR accepts or rejects CITY'S offer within twenty (20) Residential Service Work Days of the date of the offer. If CONTRACTOR fails to provide such notice to CITY within said twenty (20) Residential Service Work Days, CITY'S offer shall be deemed withdrawn and CITY shall have no obligation to extend the Term of this Agreement beyond September 30, 2033. If the Term ofthis Agreement is extended, the Maximum Service Rate provisions of Article 10 shall not be subject to negotiation. However, Maximum Service Rates shall be adjusted annually throughout the extended Term as provided in Article 10.

3.4 EXTENSION OF THIRD TERM
On or before July 1, 2036, the City Council may approve an offer to the CONTRACTOR in writing for a five (5) year extension of this Agreement for the period October 1, 2038 through September 30, 2043. Provision of such offer shall be at the sole discretion of the City Council. CONTRACTOR shall provide written notice to the CITY as to whether CONTRACTOR accepts or rejects the extension offer within twenty (20) Residential Service Work Days of the date of the offer. If CONTRACTOR fails to provide such notice to the CITY within said twenty (20) Residential Service Work Days, the extension offer shall be deemed withdrawn and CITY shall have no obligation to extend the Term of this Agreement beyond September 30, 2038. If the Term of this Agreement is extended, the CONTRACTOR Compensation and Maximum Service Rate provisions of Article 10 shall not be subject to negotiation. However, Maximum Service Rates shall be adjusted annually throughout the extended Term as provided in Article 10.

3.5 OTHER PROVISIONS
The CITY may, at the end of the initial Term or optional extended Terms, as appropriate and at the sole discretion of the CITY Council, either renegotiate the terms and conditions of the Agreement with the current CONTRACTOR or request proposals from qualified contractors to provide Collection Services.”

4. SFD and MFD Organic Materials Collection. All references to “Green Waste” in Sections 1.104, 5.6.,

5.7, 7.10.A.,7.10.E., 7.10.H, 7.15, and 8.2 shall be replaced with “Organic Materials”.

5. Limitations to the Scope of Exclusive Agreement. Section 4.2.A. of the Agreement is hereby amended to read as follows:

3 “A. Recyclable Materials, Organic Materials, or Bulky Items. Recyclable Materials, Organic Materials, or Bulky Items that are Source Separated from Solid Waste by a Service Recipient for which the waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the waste Generator.”

6. Use of Approved Facilities. Section 5.2 of the Agreement is hereby amended to read as follows:
“5.2 USE OF APPROVED FACILITIES
The CONTRACTOR, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Approved Facilities for the purposes of Processing and/or Disposing of all Solid Waste, Recyclable Materials, Organic Materials, Bulky Items, C&D Debris and other materials Collected in the CITY. Such decision by CONTRACTOR in no way constitutes a restraint of trade. If the Contractor or Affiliate owns and/or operates Approved Facility(ies), all expenses associated with permitting, licensing, regulatory compliance, closure and post-closure, etc. and all other costs associated with the operation and ownership of the Approved Facility(ies) is the sole responsibility of the CONTRACTOR, except as provided in Section 10.5. CONTRACTOR agrees and acknowledges that all closure and post closure costs associated with the Recology Yuba Sutter landfill at Marysville are the sole responsibility of CONTRACTOR or its Affiliate.”

7. Responsibility for Materials. Section 5.4 of the Agreement is hereby amended to read as follows:
“5.4 RESPONSIBILITY FOR MATERIALS
Once Solid Waste, Recyclable Materials, Organic Materials, Bulky Items, and C&D Debris are placed in the CONTRACTOR'S Containers, unless Contractor does not require the material to be placed in a Container, and at the Collection location, the responsibility for their proper handling shall transfer directly from the Generator to CONTRACTOR, with the exception of Exempt Waste if the CONTRACTOR can identify the Generator. Once Solid Waste, Recyclable Materials, Organic Materials, Bulky Items, and C&D Debris are deposited by CONTRACTOR at the appropriate Approved Facility, such materials shall become the responsibility of the owner or operator of the Approved Facility with the exception of Exempt Waste. Responsibility for Exempt Waste that has been inadvertently Collected by the CONTRACTOR shall remain with the CONTRACTOR if it cannot identify the Generator, and CONTRACTOR shall assume allresponsibility for its proper Disposal.”

8. SFD Solid Waste Service Overage . The following is added immediately following the first sentence of Section 5.6.A. of the Agreement:

9. “CONTRACTOR shall Collect Solid Waste from SFD Service Units who have contacted the CONTRACTOR’s office in advance of the Collection Day and arranged for Collection of additional thirtytwo (32) gallon bags of Solid Waste. CONTRACTOR shall be entitled to charge for such service a rate not exceeding the Maximum Service Rate for such service set forth in Exhibit 1.” Bulky Item Collection Service. Section 5.6.F.2 of the Agreement is hereby amended to read as follows:
“Free Bulky Item Collection Service. Beginning October 1, 2022 and annually thereafter during the Term of this Agreement, CONTRACTOR shall allow each SFD Customer four (4) free Bulky Item Collection Services.”

4 10. Household Hazardous Waste Collection.
a. The first sentence of Section 5.8.H of the Agreement is hereby amended to read as follows:
“CONTRACTOR shall provide a Universal Waste drop-off service for Commercial Units at the Marysville transfer station.”
b. Section 5.12.F of the Agreement is hereby amended to read as follows:
“F. Public Drop-Off Services. CONTRACTOR shall provide sites at the Approved Transfer Station where CITY residents may drop-off used oil and used oil filters, CEW, other U-Waste, fluorescent light tubes and bulbs, and Home Generated Sharps at no charge to the resident or the CITY.”

11. Recycling Coordinator. Section 5.12.A. of the Agreement is hereby amended to read as follows:
“A. Recycling Coordinator. CONTRACTOR shall provide two full-time Recycling Coordinators whose time is shared proportionately among the Member Agencies during the Term of the Agreement and whose function during designated hours shall be to serve as liaisons to the Member Agencies and provide servicesrelated to the Collection Service Agreement, including but not limited to, public education and outreach. CONTRACTOR will hire and train at least one Recycling Coordinator prior to the commencement of the Recycling Campaign described in Section 5.11 D.2, to ensure readiness to assist with waste assessments and outreach efforts.”

12. Biosolids Rate. Section 5.11.(c)(i) of the Agreement is hereby amended to read as follows:
“(i) The Disposal Rate shall be $38.00 as of October 1, 2019, $51.00 as of October 1, 2020, $61.00 as of October 1, 2021, and $63.00 as of October 1, 2022. On October 1, 2023 and each October 1 thereafter, the Disposal Rate shall be adjusted by the annual percentage change in the WST Index, calculated as provided in (iii) below.”

13. SB 1383 Outreach. Sections 5.12.D.1.(ii), 8.9.A.4., and 8.10 of the Agreement shall be amended by substituting the phrase “AB 341, AB 1826, and SB 1383” for all references to “AB 341 and AB 1826” or “AB 341, AB 1826”.

14. Residential Sharps Drop-Off Program. Section 5.12.G of the Agreement is hereby amended to read as follows:
“G. Residential Sharps Drop-Off Program. CONTRACTOR shall provide a Residential sharps drop-off program for the Collection of Home-Generated Sharps. CONTRACTOR shall be responsible to ensure the Home-Generated Sharps drop-off program complies with all Applicable Laws and regulations. The Residential sharps drop-off program at a minimum will allow for SFD and MFD Customers to purchase specialized sharps containers and return filled sharps

5 containers for proper Disposal to participating pharmacies or the Recology Customer service office in Marysville. Details of the program including a list of participating pharmacies shall be provided through the CONTRACTOR’s website.”

15. Emergency Action Plan. Section 5.12.J of the Agreement is hereby amended to read as follows:
“J. Emergency Action Plan. Prior to October 1, 2022, CONTRACTOR shall work with the Contract Administrator to prepare an Emergency Action Plan for Disaster Preparedness (Emergency Action Plan) in a form and format that is satisfactory to the Contract Administrator. The Emergency Action Plan shall provide a framework for CONTRACTOR to continue Collection Services within the Service Area after a catastrophic event, and to facilitate collaborative efforts with the CITY that mitigate the threat to the health, safety and welfare of CITY residents. CONTRACTOR shall work with the Contract Administrator to update the Emergency Action Plan no fewer than two (2) times during the Term of this Agreement to ensure that the Emergency Action Plan is at all times current and actionable.

1. Emergency Service Compensation. CONTRACTOR shall provide emergency services in accordance with the Emergency Action Plan in the event of major accidents, disruptions, or natural calamities. Emergency services that exceed the scope of work under this Agreement, and that are not compensated by charges to Customers (in accordance with the Maximum Service Rates provided in Exhibit 1 will be billed by CONTRACTOR to CITY in accordance with the Maximum Service Rates in Exhibit 1, and may either be paid by CITY or treated as a CITY-directed change as set forth in Section 5.5 of this Agreement.”

16. Changes in Recyclables Market Conditions. A new Section 6.5.B is hereby added to the Agreement directly following Section 6.5.A:
“B. Marketing

1. General. The CONTRACTOR shall be responsible for marketing Recyclable Materials Collected in the CITY. CONTRACTOR's marketing strategy shall promote the highest and best use of materials presented in the waste management hierarchy established by AB 939. Where practical, the marketing strategy should include use of local, regional, and domestic markets for Recyclable Materials.

2. Changes in Market Conditions.
a. Changing Conditions. The CITY and CONTRACTOR acknowledge that the ability to market various types of Recyclable Materials Collected in the CITY may change over the Term of the Agreement. It is possible that markets currently available for some Recyclable Materials will not be available in the future. Conversely, for materials in which markets currently do not exist, markets may emerge in the future.

6 b. Limited Term Market Fluctuations. The CITY and CONTRACTOR acknowledge that markets for various types of Recyclable Materials fluctuate and may render a material defined as Recyclable Material temporarily unmarketable. The CITY and CONTRACTOR agree that markets for materials Collected under this Agreement may temporarily emerge or be disrupted and these fluctuations of limited duration may not warrant a change to the definition of Recyclable Materials under this Agreement or notification to Customers. CONTRACTOR shall make reasonable commercial efforts to Divert Recyclable Materials Collected and Processed during limited term market fluctuations while CITY and CONTRACTOR are assessing the need to submit a written request for an item or type of material to be removed from or added to the definition of Recyclable Materials. In the event CONTRACTOR is unable to Divert specific Recyclable Materials due to limited term market fluctuations, such materials may be Disposed for a specific time period if agreed upon between CITY and CONTRACTOR.
c. Non-Existent Market(s). If CONTRACTOR determines that it can no longer secure market(s) for one (1) or more materials included in the definition of Recyclable Materials, CONTRACTOR may submit a written request to the CITY to have the material removed from the definition of Recyclable Materials. In such case, CONTRACTOR's request shall demonstrate its attempt(s) at identifying and securing market(s) for the materials; information on the market conditions from relevant industry sources supporting the lack of market(s); an estimated timeframe for the market conditions; an estimate of the impact on the tons of Recyclable Materials Diverted annually; and a plan for notifying Customers of the elimination of the material type from the list of acceptable Recyclable Materials for Collection. The Contract Administrator will review CONTRACTOR's request and provide a response within sixty (60) Days of receipt of the request. If the CITY is willing to consider temporary or permanent removal of a material type from the definition of Recyclable Materials, the CITY and CONTRACTOR shall meet and confer to negotiate the proposed revisions and shall amend this Agreement, if appropriate, to reflect mutually agreed-upon changes. If the CITY agrees that the material shall no longer be listed in the Recyclable Materials definition, CONTRACTOR shall not be obligated to Collect the material as a Recyclable Material, may Dispose of such material and shall incur any and all costs associated with the Disposal of these materials and with educating Customers of the change and costs associated with Collection, transfer, Transportation, Processing and Disposal of such materials to the extent Customers continue to include the material in their Recyclable Materials Containers. Notwithstanding the above CONTRACTOR may continue to use the Recyclable Materials Cart to Collect material that has been removed from the Recyclable Materials definition at their discretion.
d. Emerging Market(s). If CONTRACTOR or the CITY identify that a new market is available for a material that is not included in the definition of

7 Recyclable Materials, either Party may request that the list of Recyclable Materials be amended to include the material. Such a change would expand CONTRACTOR's obligations to Collect, transfer, transport, Process and market such material. In such case, the CITY and CONTRACTOR shall meet and confer to negotiate the proposed revisions and shall amend this Agreement, as appropriate, to reflect mutually agreed-upon changes in scope.”

17. Calculation of Diversion Rate. City and Contractor desire to amend the Agreement to provide that the annual diversion rate shall be calculated on an aggregate basis for all RWMA members. Effective upon the execution of written agreements between Contractor and each other RWMA member that is not a party to this Amendment that authorize the desired amendment to the diversion rate calculation, Section 6.7 of the Agreement shall be amended to read as follows:
“6.7 Minimum Diversion Requirements.

The CITY requires the CONTRACTOR to use its best efforts to achieve a minimum annual diversion rate of thirty percent (30%), or such other amount as may be set by request of the CITY in accordance with the provisions of Article 5.5 of this Agreement, during each Agreement Year beginning October 1, 2018. The annual diversion rate will be calculated as "the tons of materials Collected by CONTRACTOR from the provision of Collection Services in the RWMA Service Area under the terms of this Agreement and each other collection services agreement between Contractor and the other RWMA Member Agencies, that are shipped to the Materials Recovery Facility, the Organic Materials Processing Facility, or other recycler or re-user, net of any Residue amounts, divided by the total tons of materials Collected by CONTRACTOR from the provision of Collection Services in the RWMA Service Area under the terms of this Agreement and each other collection services agreement between CONTRACTOR and the other RWMA Member Agencies in each Agreement Year." As of January 1, 2020, the use of green material as ADC does not constitute diversion through Recycling and shall be considered disposal pursuant to PRC Section 41781.3. (2)(A).

In the event CONTRACTOR is authorized by CITY to Dispose of any Recyclable Materials (or to remove any Recyclable Material from the definition of Recyclable Materials) under the terms of Sections 6.5.B.2. of this Agreement, the estimated tons of Recyclable Material Disposed or not Collected by virtue of being removed from the definition of Recyclable Material) shall be counted as if they were Diverted in the formula used to calculate the Diversion rate for that Agreement Year. CONTRACTOR shall prepare and provide to CITY this estimate based on the tons of the specific Recyclable Material Collected by CONTRACTOR from the provision of Collection Services in the RWMA Service Area under the terms of this Agreement that was shipped to the Materials Recovery Facility, the Organic Materials Processing Facility, or other recycler or re-user, net of any Residue in the twelve (12) months preceding the month in which the CITY authorized the removal of the material from the definition of Recyclable Materials. CITY shall review the estimate, the information used to prepare it, and such other information, including material allocation calculations and methodologies, if

8 necessary, as CITY may require to complete its review. The final estimate shall be agreed upon between CITY and CONTRACTOR based on the review.”

18. Contractor Office. The first sentence of Section 7.2 is hereby amended to read as follows:
“The CONTRACTOR shall maintain a publicly accessible office located within the RWMA Service Area that provides telephone access to residents and businesses of the CITY and shall be open during normal business hours, which are currently 8:30 a.m. to 4:30 p.m., Monday through Friday, except for Holidays.”

19. Non-Disclosure. Section 8.4 of the Agreement is hereby amended to read as follows:
“8.4 NON-DISCLOSURE
CONTRACTOR will not disclose to any Person other than the CITY or RWMA any information identifying an individual Customer, the composition or contents of a Customer's Discarded Material, or a Customer' s trade secrets unless upon the authority of a law or order validly issued by a court of administrative tribunal of competent jurisdiction, or pursuant to written authorization of the Customer.”

20. Billing and Service Level Audit. The following Section 8.12 is hereby added to the Agreement immediately following Section 8.11:
“ 8.12 BILLING AND SERVICE LEVEL AUDIT
In addition to any other auditing activities required by this Agreement, CONTRACTOR shall perform a comprehensive audit of all Collection routes in the Service Area as of October 1, 2022 and every twenty–four (24) months thereafter, and submit to the CITY a written report on the results of that audit, no later than the March 31 of the subsequent year. The purpose of such audit shall be to ensure that each Customer is receiving the service for which the Customer is being billed.

If the CITY requests, CONTRACTOR shall cooperate fully with the CITY to allow the CITY to verify the accuracy of CONTRACTOR's billing and Service Level audit report. “

21. Franchise and RWMA Surcharge Fees.
a. Section 9.1 of the Agreement is hereby amended to read as follows:
“ 9.1 FRANCHISE FEE
The exclusive franchise granted to CONTRACTOR by this Agreement is a special privilege to use public streets and rights-of-way to provide Collection Services within the municipal limits of the City of Yuba City. In consideration of the grant of such exclusive franchise, CONTRACTOR shall pay CITY a franchise fee. The franchise fee shall be a percentage of CONTRACTOR'S Gross Billings billed each month under the terms of this Agreement, net of RWMA surcharge fees. For purposes of calculating franchise fees, Gross Billings shall specifically include revenue billed by the CONTRACTOR for the provision of Collection Services by the CONTRACTOR. However, revenue received by the CONTRACTOR from the sale of recyclable materials and from related California Redemption Value (CRV) payments shall not be considered asGross Billings for purpose of the calculation

9 of franchise fees. The franchise fee percentage shall be ten percent (10 %) unless otherwise adjusted by the CITY. The CITY and CONTRACTOR believe that the franchise fee bears a reasonable relationship to thevalue of the exclusive franchise granted to CONTRACTOR by this Agreement, taking into account the scope of the franchise, the geographic size of the City of Yuba City, and the number of rate payers within the municipal limits of the City of Yuba City.” b. Section 9.5 of the Agreement is hereby amended to read as follows:
“ 9.5 RWMA SURCHARGE FEE
During the Term of this Agreement, CONTRACTOR shall pay RWMA a RWMA surcharge fee to fund the programs and activities of the RWMA as authorized in the Joint Powers Agreement as it may be amended from time to time. These programs and activities currently include the funding, operation and/or maintenance of the Household Hazardous Waste facility in Yuba City; the YubaSutter Local Enforcement Agency; rate reviews; special projects; and, RWMA administration. CITY shall provide CONTRACTOR with any change to the RWMA surcharge fee no later than thirty (30) Days prior to the date that the annual rate adjustment application is due. In the event that the CITY adjusts the RWMA surcharge fee, CONTRACTOR may adjust the Maximum Service Rates subject to approval by CITY of CONTRACTOR’s calculation of the adjustment amount, to incorporate any such changes in the surcharge fee prior to the time that the new surcharge fee becomes effective.

A. Payment of RWMA Surcharge Fee. CONTRACTOR shall make payment to the RWMA of the RWMA surcharge fee. Payment to the RWMA shall be due on the twentieth (20th) Day of each month with respect to surcharge fees billed by CONTRACTOR in the preceding month. Each payment shall be accompanied by an accounting that sets forth the amount of RWMA surcharge fees attributable to each Service Area for the preceding month. No acceptance by the RWMA of any payment shall be construed as an accord that the amount is the correct amount, nor shall such acceptance of payment be construed as a release of any claim the RWMA may have against CONTRACTOR for any additional sums payable under the provisions of this Agreement.”

22. Annual Maximum Service Rate Adjustments.
a. Pursuant to Section 10.4 of the Agreement, Contractor is eligible to carry forward the unused CPI increase of 0.81% that was reflected in the rate adjustment application submitted by Contractor to City on or about May 31, 2021. Contractor hereby waives their right to carry forward this unused 0.81% CPI increase. For the avoidance of doubt, Contractor does not waive its right to carry forward any other unused CPI increases that it is currently or will be entitled to for future rate years. b. Section 10.3 (Schedule of Future Adjustments) of the Agreement is hereby deleted. c. Section 10.4 of the Agreement is hereby amended to read as follows:

10 “10.4 ANNUAL RATE ADJUSTMENTS
Annual Adjustments. Beginning with the Agreement Year starting October 1, 2022 and ending on September 30, 2023 and for all subsequent Agreement Years the base element of the Maximum Service Rates shown in Exhibit 1 shall be adjusted by the percentage change in the Consumer Price Index, All Urban Consumers, All Items, San Francisco-Oakland-Hayward, Series ID: CUURS49BSA0, published by the U.S. Department of Labor, Bureau of Labor Statistics (“CPI”), subject to the annual cap and the carry-forward mechanism described in Exhibit 1-A. The annual rate adjustment process and the methodology for calculating the annual adjustment shall be as set forth in Exhibit 1-A. The CONTRACTOR shall submit the rate application required by Exhibit 1-A electronically in a format approved by the CITY to the Contract Administrator on or before June 1, 2022 and June 1 of each succeeding Agreement Year.

The annual rate adjustment process shall be as set forth in Exhibit 1-A.”

23. Extraordinary Rate Adjustments. The third paragraph of Section 10.5 of the Agreement is hereby amended by deleting the word “Participating”.

24. CalRecycle Indemnification. Section 11.1.B of the Agreement is hereby amended by substituting the phrase “AB 939, AB 341, AB 1826, and/or SB 1383” for each reference to “AB 939, AB 341 and/or AB 1826”.

25. Maximum Service Rates. Exhibit 1 to the Agreement is hereby amended and replaced with Exhibit 1 to this Amendment.

26. Maximum Service Rate Adjustments. Exhibit 1-A (Maximum Service Rate Adjustments) is hereby added as Exhibit 1-A to the Agreement.
[Signature page follows.]

11 IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement on the day and year first written above.

CITY OF YUBA CITY RECOLOGY YUBA-SUTTER
__________________ _________ __________________ _________ Dave Shaw, Mayor Date Salvatore M. Coniglio, CEO Date
The foregoing Agreement has been reviewed and approval is recommended:

Resolution No. Approved by City Council _________________ APPROVED AS TO FORM:
_____________________ _________
Shannon L. Chaffin Date
City Attorney, City of Yuba City

EXHIBIT 1

MAXIMUM SERVICE RATES

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

RESIDENTIAL (SFD) COLLECTION SERVICES
Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed Base
Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
Basic SFD Cart Service
1 1-32G MSW, 1-64G Recycling, 1-96G -Organics $26.18 $4.04 $30.22 $26.87 $2.99 $29.86 $0.75 $30.61 2 1-64G MSW, 1-64G Recycling, 1-96G -Organics $26.65 $4.12 $30.77 $27.36 $3.04 $30.40 $0.75 $31.15 3 1-96G MSW, 1-64G Recycling, 1-96G -Organics $27.11 $4.18 $31.29 $27.83 $3.09 $30.92 $0.75 $31.67 Low Income Senior
4 1-32G MSW, 1-64G Recycling, 1-96G -Organics $19.57 $3.02 $22.59 $20.08 $2.23 $22.31 $0.75 $23.06 Additional Carts
5 MSW: 32G 2nd or more carts - each addl cart $11.59 $1.79 $13.38 $11.89 $1.32 $13.21 $13.21 6 MSW: 64G 2nd or more carts - each addl cart $12.98 $2.00 $14.98 $13.32 $1.48 $14.80 $14.80 7 MSW: 96G 2nd or more carts - each addl cart $14.37 $2.22 $16.59 $14.74 $1.64 $16.38 $16.38 8 Recycling: 3rd or more carts - each addl cart $3.71 $0.57 $4.28 $3.71 $0.41 $4.12 $4.12 9 Organic Material 3rd or more carts - each addl cart $14.37 $2.22 $16.59 $14.37 $1.60 $15.97 $15.97 10 Extra Bag of Refuse (Per Pickup Rate) $0.00 $0.00 $0.00 $4.22 $0.47 $4.69 $4.69 Bulky Item Collection
11 Extra Bulky Item Collection $55.61 $8.59 $64.20 $57.07 $6.34 $63.41 $63.41 12 Extra Per Bulky Item Charge $11.12 $1.72 $12.84 $11.41 $1.27 $12.68 $12.68 13 Excess Bulky Item Charge (exceeds 2 cubic yards) $11.12 $1.72 $12.84 $11.41 $1.27 $12.68 $12.68 Carts Exchange or Replacement
14 Cart Exchange - greater than one (1) per year $18.54 $2.86 $21.40 $19.02 $2.11 $21.13 $21.13 15 Cart Replacement (due to customer negligence) $69.51 $10.75 $80.26 $71.34 $7.93 $79.27 $79.27 Items in blue are rates for Sutter County services not currently offered in Yuba City YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
Yuba City 2022 Rates Organics Program Service - SFD Rates 1 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
1 cubic yard bin
1 1 Time per Week $115.75 $17.88 $133.63 $118.79 $13.20 $131.99 $3.15 $135.14 2 2 Time per Week $231.52 $35.77 $267.29 $237.59 $26.40 $263.99 $5.40 $269.39 3 3 Time per Week $347.29 $53.64 $400.93 $356.39 $39.60 $395.99 $7.95 $403.94 4 4 Time per Week $463.06 $71.52 $534.58 $475.19 $52.80 $527.99 $9.75 $537.74 5 5 Time per Week $578.81 $89.40 $668.21 $593.98 $66.00 $659.98 $12.15 $672.13 6 6 Time per Week $694.57 $107.30 $801.87 $712.78 $79.20 $791.98 $15.60 $807.58

1.5 cubic yard bin
7 1 Time per Week $154.89 $23.93 $178.82 $158.95 $17.66 $176.61 $4.35 $180.96 8 2 Time per Week $309.78 $47.86 $357.64 $317.90 $35.32 $353.22 $7.35 $360.57 9 3 Time per Week $464.66 $71.78 $536.44 $476.86 $52.98 $529.84 $10.20 $540.04 10 4 Time per Week $619.56 $95.69 $715.25 $635.81 $70.65 $706.46 $13.20 $719.66 11 5 Time per Week $774.45 $119.63 $894.08 $794.76 $88.31 $883.07 $16.20 $899.27 12 6 Time per Week $929.34 $143.55 $1,072.89 $953.70 $105.97 $1,059.67 $20.70 $1,080.37 2 cubic yard bin
13 1 Time per Week $185.96 $28.72 $214.68 $190.84 $21.20 $212.04 $5.10 $217.14 14 2 Time per Week $371.92 $57.47 $429.39 $381.67 $42.41 $424.08 $8.25 $432.33 15 3 Time per Week $557.89 $86.17 $644.06 $572.51 $63.61 $636.12 $11.25 $647.37 16 4 Time per Week $743.86 $114.89 $858.75 $763.36 $84.82 $848.18 $14.40 $862.58 17 5 Time per Week $929.81 $143.63 $1,073.44 $954.19 $106.02 $1,060.21 $17.55 $1,077.76 18 6 Time per Week $1,115.78 $172.36 $1,288.14 $1,145.04 $127.23 $1,272.27 $22.35 $1,294.62 3 cubic yard bin
19 1 Time per Week $225.09 $34.77 $259.86 $230.99 $25.67 $256.66 $6.15 $262.81 20 2 Time per Week $450.17 $69.54 $519.71 $461.96 $51.33 $513.29 $10.35 $523.64 21 3 Time per Week $675.24 $104.29 $779.53 $692.94 $76.99 $769.93 $15.00 $784.93 22 4 Time per Week $900.32 $139.07 $1,039.39 $923.94 $102.66 $1,026.60 $18.60 $1,045.20 23 5 Time per Week $1,125.40 $173.84 $1,299.24 $1,154.91 $128.32 $1,283.23 $22.80 $1,306.03 24 6 Time per Week $1,350.48 $208.62 $1,559.10 $1,385.90 $153.99 $1,539.89 $29.25 $1,569.14 4 cubic yard bin
25 1 Time per Week $270.60 $41.81 $312.41 $277.70 $30.86 $308.56 $7.50 $316.06 26 2 Time per Week $541.20 $83.60 $624.80 $555.40 $61.71 $617.11 $12.60 $629.71 27 3 Time per Week $811.80 $125.41 $937.21 $833.10 $92.57 $925.67 $17.70 $943.37 28 4 Time per Week $1,082.41 $167.19 $1,249.60 $1,110.79 $123.42 $1,234.21 $22.95 $1,257.16 29 5 Time per Week $1,353.02 $209.00 $1,562.02 $1,388.48 $154.28 $1,542.76 $28.20 $1,570.96 30 6 Time per Week $1,623.62 $250.79 $1,874.41 $1,666.19 $185.13 $1,851.32 $36.30 $1,887.62 YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
Yuba City 2022 Rates Organics Program Service - Commercial MSW Rates 2 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
5 cubic yard bin
31 1 Time per Week $280.30 $43.31 $323.61 $287.66 $31.96 $319.62 $7.80 $327.42 32 2 Time per Week $560.62 $86.59 $647.21 $575.31 $63.92 $639.23 $13.80 $653.03 33 3 Time per Week $840.91 $129.91 $970.82 $862.97 $95.89 $958.86 $19.80 $978.66 34 4 Time per Week $1,121.23 $173.19 $1,294.42 $1,150.62 $127.85 $1,278.47 $25.95 $1,304.42 35 5 Time per Week $1,401.53 $216.50 $1,618.03 $1,438.28 $159.81 $1,598.09 $32.25 $1,630.34 36 6 Time per Week $1,681.84 $259.77 $1,941.61 $1,725.93 $191.77 $1,917.70 $41.70 $1,959.40 6 cubic yard bin
37 1 Time per Week $288.63 $44.58 $333.21 $296.19 $32.91 $329.10 $7.95 $337.05 38 2 Time per Week $577.24 $89.17 $666.41 $592.39 $65.82 $658.21 $14.85 $673.06 39 3 Time per Week $865.87 $133.75 $999.62 $888.57 $98.73 $987.30 $21.90 $1,009.20 40 4 Time per Week $1,154.51 $178.33 $1,332.84 $1,184.77 $131.64 $1,316.41 $28.95 $1,345.36 41 5 Time per Week $1,443.11 $222.93 $1,666.04 $1,480.95 $164.55 $1,645.50 $36.15 $1,681.65 42 6 Time per Week $1,731.75 $267.50 $1,999.25 $1,777.15 $197.46 $1,974.61 $46.95 $2,021.56 7 cubic yard bin
43 1 Time per Week $322.88 $49.88 $372.76 $331.35 $36.82 $368.17 $8.85 $377.02 44 2 Time per Week $645.78 $99.75 $745.53 $662.72 $73.64 $736.36 $16.50 $752.86 45 3 Time per Week $968.66 $149.64 $1,118.30 $994.07 $110.45 $1,104.52 $24.30 $1,128.82 46 4 Time per Week $1,291.56 $199.50 $1,491.06 $1,325.42 $147.27 $1,472.69 $32.25 $1,504.94 47 5 Time per Week $1,614.45 $249.39 $1,863.84 $1,656.78 $184.09 $1,840.87 $40.05 $1,880.92 48 6 Time per Week $1,937.34 $299.25 $2,236.59 $1,988.13 $220.90 $2,209.03 $52.05 $2,261.08 8 cubic yard bin
49 1 Time per Week $368.40 $56.90 $425.30 $378.05 $42.01 $420.06 $10.20 $430.26 50 2 Time per Week $736.78 $113.81 $850.59 $756.10 $84.01 $840.11 $18.15 $858.26 51 3 Time per Week $1,105.18 $170.71 $1,275.89 $1,134.15 $126.02 $1,260.17 $27.15 $1,287.32 52 4 Time per Week $1,473.57 $227.61 $1,701.18 $1,512.21 $168.02 $1,680.23 $36.00 $1,716.23 53 5 Time per Week $1,841.96 $284.52 $2,126.48 $1,890.26 $210.03 $2,100.29 $44.70 $2,144.99 54 6 Time per Week $2,210.35 $341.42 $2,551.77 $2,268.31 $252.03 $2,520.34 $54.90 $2,575.24 Yuba City 2022 Rates Organics Program Service - Commercial MSW Rates 3 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021

1.3 cubic yard compactor
55 1 Time per Week $0.00 $0.00 $0.00 $275.33 $30.59 $305.92 $4.35 $310.27 56 2 Time per Week $0.00 $0.00 $0.00 $550.66 $61.18 $611.84 $7.35 $619.19 57 3 Time per Week $0.00 $0.00 $0.00 $825.98 $91.78 $917.76 $10.20 $927.96 58 4 Time per Week $0.00 $0.00 $0.00 $1,101.28 $122.36 $1,223.64 $13.20 $1,236.84 59 5 Time per Week $0.00 $0.00 $0.00 $1,376.60 $152.96 $1,529.56 $16.20 $1,545.76 60 6 Time per Week $0.00 $0.00 $0.00 $1,651.95 $183.55 $1,835.50 $20.70 $1,856.20 2 cubic yard compactor
61 1 Time per Week $412.75 $63.76 $476.51 $423.57 $47.06 $470.63 $5.10 $475.73 62 2 Time per Week $825.48 $127.52 $953.00 $847.13 $94.13 $941.26 $8.25 $949.51 63 3 Time per Week $1,238.25 $191.27 $1,429.52 $1,270.71 $141.19 $1,411.90 $11.25 $1,423.15 64 4 Time per Week $1,650.99 $255.01 $1,906.00 $1,694.28 $188.25 $1,882.53 $14.40 $1,896.93 65 5 Time per Week $2,063.74 $318.77 $2,382.51 $2,117.85 $235.32 $2,353.17 $17.55 $2,370.72 66 6 Time per Week $2,476.47 $382.53 $2,859.00 $2,541.40 $282.38 $2,823.78 $22.35 $2,846.13 3 cubic yard compactor
67 1 Time per Week $619.13 $95.64 $714.77 $635.37 $70.60 $705.97 $6.15 $712.12 68 2 Time per Week $1,238.26 $191.27 $1,429.53 $1,270.72 $141.19 $1,411.91 $10.35 $1,422.26 69 3 Time per Week $1,857.38 $286.89 $2,144.27 $1,906.08 $211.79 $2,117.87 $15.00 $2,132.87 70 4 Time per Week $2,476.48 $382.53 $2,859.01 $2,541.41 $282.38 $2,823.79 $18.60 $2,842.39 71 5 Time per Week $3,095.60 $478.18 $3,573.78 $3,176.78 $352.98 $3,529.76 $22.80 $3,552.56 72 6 Time per Week $3,714.73 $573.81 $4,288.54 $3,812.13 $423.57 $4,235.70 $29.25 $4,264.95 4 cubic yard compactor
73 1 Time per Week $825.49 $127.52 $953.01 $847.14 $94.13 $941.27 $7.50 $948.77 74 2 Time per Week $1,651.00 $255.03 $1,906.03 $1,694.29 $188.25 $1,882.54 $12.60 $1,895.14 75 3 Time per Week $2,476.48 $382.53 $2,859.01 $2,541.41 $282.38 $2,823.79 $17.70 $2,841.49 76 4 Time per Week $3,301.97 $510.06 $3,812.03 $3,388.55 $376.51 $3,765.06 $22.95 $3,788.01 77 5 Time per Week $4,127.47 $637.57 $4,765.04 $4,235.69 $470.63 $4,706.32 $28.20 $4,734.52 78 6 Time per Week $4,952.98 $765.09 $5,718.07 $5,082.85 $564.76 $5,647.61 $36.30 $5,683.91 5 cubic yard compactor
79 1 Time per Week $1,031.85 $159.40 $1,191.25 $1,058.91 $117.66 $1,176.57 $7.80 $1,184.37 80 2 Time per Week $2,063.76 $318.77 $2,382.53 $2,117.86 $235.32 $2,353.18 $13.80 $2,366.98 81 3 Time per Week $3,095.60 $478.18 $3,573.78 $3,176.78 $352.98 $3,529.76 $19.80 $3,549.56 82 4 Time per Week $4,127.47 $637.57 $4,765.04 $4,235.69 $470.63 $4,706.32 $25.95 $4,732.27 83 5 Time per Week $5,159.36 $796.95 $5,956.31 $5,294.63 $588.29 $5,882.92 $32.25 $5,915.17 84 6 Time per Week $6,191.24 $956.34 $7,147.58 $6,353.56 $705.95 $7,059.51 $41.70 $7,101.21 Yuba City 2022 Rates Organics Program Service - Commercial MSW Rates 4 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
6 cubic yard compactor
85 1 Time per Week $1,238.26 $191.27 $1,429.53 $1,270.72 $141.19 $1,411.91 $7.95 $1,419.86 86 2 Time per Week $2,476.48 $382.53 $2,859.01 $2,541.41 $282.38 $2,823.79 $14.85 $2,838.64 87 3 Time per Week $3,714.73 $573.81 $4,288.54 $3,812.13 $423.57 $4,235.70 $21.90 $4,257.60 88 4 Time per Week $4,952.98 $765.09 $5,718.07 $5,082.85 $564.76 $5,647.61 $28.95 $5,676.56 89 5 Time per Week $6,191.24 $956.34 $7,147.58 $6,353.56 $705.95 $7,059.51 $36.15 $7,095.66 90 6 Time per Week $7,429.47 $1,147.62 $8,577.09 $7,624.26 $847.14 $8,471.40 $46.95 $8,518.35 32 gallon cart
91 1 Time per Week $26.83 $4.14 $30.97 $27.53 $3.06 $30.59 $0.75 $31.34 92 2 Time per Week $53.65 $8.29 $61.94 $55.06 $6.12 $61.18 $1.50 $62.68 93 3 Time per Week $80.48 $12.44 $92.92 $82.59 $9.18 $91.77 $2.25 $94.02 94 4 Time per Week $107.31 $16.58 $123.89 $110.12 $12.24 $122.36 $3.00 $125.36 95 5 Time per Week $134.13 $20.71 $154.84 $137.65 $15.29 $152.94 $3.75 $156.69 96 6 Time per Week $160.97 $24.85 $185.82 $165.18 $18.35 $183.53 $4.50 $188.03 96 gallon cart
97 1 Time per Week $53.81 $8.31 $62.12 $55.22 $6.14 $61.36 $1.50 $62.86 98 2 Time per Week $107.64 $16.61 $124.25 $110.46 $12.27 $122.73 $3.00 $125.73 99 3 Time per Week $161.45 $24.95 $186.40 $165.68 $18.41 $184.09 $4.50 $188.59 100 4 Time per Week $215.25 $33.26 $248.51 $220.91 $24.55 $245.46 $6.00 $251.46 101 5 Time per Week $269.09 $41.56 $310.65 $276.14 $30.68 $306.82 $7.50 $314.32 102 6 Time per Week $322.89 $49.88 $372.77 $331.36 $36.82 $368.18 $9.00 $377.18 Items in blue are rates for Sutter County services not currently offered in Yuba City Yuba City 2022 Rates Organics Program Service - Commercial MSW Rates 5 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER RECYCLING SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
1 cubic yard recycling bin
1 1 Time per Week $57.89 $8.94 $66.83 $59.41 $6.60 $66.01 $66.01 2 2 Time per Week $115.75 $17.88 $133.63 $118.79 $13.20 $131.99 $131.99 3 3 Time per Week $173.64 $26.82 $200.46 $178.20 $19.80 $198.00 $198.00 4 4 Time per Week $231.52 $35.77 $267.29 $237.59 $26.40 $263.99 $263.99 5 5 Time per Week $289.40 $44.71 $334.11 $297.00 $33.00 $330.00 $330.00 6 6 Time per Week $347.29 $53.64 $400.93 $356.39 $39.60 $395.99 $395.99

1.5 cy recycling bin
7 1 Time per Week $77.45 $11.95 $89.40 $79.48 $8.83 $88.31 $88.31 8 2 Time per Week $154.89 $23.93 $178.82 $158.95 $17.66 $176.61 $176.61 9 3 Time per Week $232.34 $35.88 $268.22 $238.42 $26.49 $264.91 $264.91 10 4 Time per Week $309.78 $47.86 $357.64 $317.90 $35.32 $353.22 $353.22 11 5 Time per Week $387.23 $59.80 $447.03 $397.37 $44.15 $441.52 $441.52 12 6 Time per Week $464.66 $71.78 $536.44 $476.86 $52.98 $529.84 $529.84 2 cubic yard recycling bin
13 1 Time per Week $92.98 $14.36 $107.34 $95.43 $10.60 $106.03 $106.03 14 2 Time per Week $185.96 $28.72 $214.68 $190.84 $21.20 $212.04 $212.04 15 3 Time per Week $278.94 $43.09 $322.03 $286.27 $31.81 $318.08 $318.08 16 4 Time per Week $371.92 $57.47 $429.39 $381.67 $42.41 $424.08 $424.08 17 5 Time per Week $464.92 $71.81 $536.73 $477.10 $53.01 $530.11 $530.11 18 6 Time per Week $557.89 $86.17 $644.06 $572.51 $63.61 $636.12 $636.12 3 cubic yard recycling bin
19 1 Time per Week $112.54 $17.37 $129.91 $115.50 $12.83 $128.33 $128.33 20 2 Time per Week $225.09 $34.77 $259.86 $230.99 $25.67 $256.66 $256.66 21 3 Time per Week $337.62 $52.15 $389.77 $346.47 $38.50 $384.97 $384.97 22 4 Time per Week $450.17 $69.54 $519.71 $461.96 $51.33 $513.29 $513.29 23 5 Time per Week $562.71 $86.91 $649.62 $577.46 $64.16 $641.62 $641.62 24 6 Time per Week $675.24 $104.29 $779.53 $692.94 $76.99 $769.93 $769.93 4 cubic yard recycling bin
25 1 Time per Week $135.30 $20.90 $156.20 $138.85 $15.43 $154.28 $154.28 26 2 Time per Week $270.60 $41.81 $312.41 $277.70 $30.86 $308.56 $308.56 27 3 Time per Week $405.91 $62.70 $468.61 $416.55 $46.28 $462.83 $462.83 28 4 Time per Week $541.20 $83.60 $624.80 $555.40 $61.71 $617.11 $617.11 29 5 Time per Week $676.50 $104.50 $781.00 $694.25 $77.14 $771.39 $771.39 30 6 Time per Week $811.80 $125.41 $937.21 $833.10 $92.57 $925.67 $925.67 5 cubic yard recycling bin
31 1 Time per Week $140.15 $21.65 $161.80 $143.83 $15.98 $159.81 $159.81 32 2 Time per Week $280.30 $43.31 $323.61 $287.66 $31.96 $319.62 $319.62 33 3 Time per Week $420.46 $64.94 $485.40 $431.49 $47.94 $479.43 $479.43 34 4 Time per Week $560.62 $86.59 $647.21 $575.31 $63.92 $639.23 $639.23 35 5 Time per Week $700.76 $108.24 $809.00 $719.14 $79.90 $799.04 $799.04 36 6 Time per Week $840.91 $129.91 $970.82 $862.97 $95.89 $958.86 $958.86 YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
Yuba City 2022 Rates Organics Program Service - Commercial Recycling Rates 6 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER RECYCLING SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
6 cubic yard recycling bin
37 1 Time per Week $144.31 $22.29 $166.60 $148.09 $16.45 $164.54 $164.54 38 2 Time per Week $288.63 $44.58 $333.21 $296.19 $32.91 $329.10 $329.10 39 3 Time per Week $432.93 $66.88 $499.81 $444.28 $49.36 $493.64 $493.64 40 4 Time per Week $577.24 $89.17 $666.41 $592.39 $65.82 $658.21 $658.21 41 5 Time per Week $721.57 $111.45 $833.02 $740.48 $82.28 $822.76 $822.76 42 6 Time per Week $865.87 $133.75 $999.62 $888.57 $98.73 $987.30 $987.30 7 cubic yard recycling bin
43 1 Time per Week $161.44 $24.95 $186.39 $165.67 $18.41 $184.08 $184.08 44 2 Time per Week $322.88 $49.88 $372.76 $331.35 $36.82 $368.17 $368.17 45 3 Time per Week $484.34 $74.82 $559.16 $497.04 $55.23 $552.27 $552.27 46 4 Time per Week $645.78 $99.75 $745.53 $662.72 $73.64 $736.36 $736.36 47 5 Time per Week $807.22 $124.69 $931.91 $828.39 $92.04 $920.43 $920.43 48 6 Time per Week $968.66 $149.64 $1,118.30 $994.07 $110.45 $1,104.52 $1,104.52 8 cubic yard recycling bin
49 1 Time per Week $184.19 $28.46 $212.65 $189.04 $21.00 $210.04 $210.04 50 2 Time per Week $368.40 $56.90 $425.30 $378.05 $42.01 $420.06 $420.06 51 3 Time per Week $552.58 $85.36 $637.94 $567.07 $63.01 $630.08 $630.08 52 4 Time per Week $736.78 $113.81 $850.59 $756.10 $84.01 $840.11 $840.11 53 5 Time per Week $920.98 $142.26 $1,063.24 $945.13 $105.01 $1,050.14 $1,050.14 54 6 Time per Week $1,105.18 $170.71 $1,275.89 $1,134.15 $126.02 $1,260.17 $1,260.17

1.3 cubic yard recycling compactor
55 1 Time per Week $0.00 $0.00 $0.00 $137.67 $15.30 $152.97 $152.97 56 2 Time per Week $0.00 $0.00 $0.00 $275.33 $30.59 $305.92 $305.92 57 3 Time per Week $0.00 $0.00 $0.00 $412.98 $45.89 $458.87 $458.87 58 4 Time per Week $0.00 $0.00 $0.00 $550.64 $61.18 $611.82 $611.82 59 5 Time per Week $0.00 $0.00 $0.00 $688.31 $76.48 $764.79 $764.79 60 6 Time per Week $0.00 $0.00 $0.00 $825.98 $91.78 $917.76 $917.76 2 cubic yard recycling compactor
61 1 Time per Week $206.38 $31.88 $238.26 $211.78 $23.53 $235.31 $235.31 62 2 Time per Week $412.74 $63.76 $476.50 $423.56 $47.06 $470.62 $470.62 63 3 Time per Week $619.12 $95.64 $714.76 $635.36 $70.60 $705.96 $705.96 64 4 Time per Week $825.49 $127.52 $953.01 $847.14 $94.13 $941.27 $941.27 65 5 Time per Week $1,031.86 $159.40 $1,191.26 $1,058.92 $117.66 $1,176.58 $1,176.58 66 6 Time per Week $1,238.24 $191.27 $1,429.51 $1,270.70 $141.19 $1,411.89 $1,411.89 Yuba City 2022 Rates Organics Program Service - Commercial Recycling Rates 7 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER RECYCLING SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
3 cubic yard recycling compactor
67 1 Time per Week $309.57 $47.82 $357.39 $317.69 $35.30 $352.99 $352.99 68 2 Time per Week $619.12 $95.64 $714.76 $635.36 $70.60 $705.96 $705.96 69 3 Time per Week $928.69 $143.46 $1,072.15 $953.04 $105.89 $1,058.93 $1,058.93 70 4 Time per Week $1,238.25 $191.27 $1,429.52 $1,270.71 $141.19 $1,411.90 $1,411.90 71 5 Time per Week $1,547.81 $239.09 $1,786.90 $1,588.40 $176.49 $1,764.89 $1,764.89 72 6 Time per Week $1,857.37 $286.89 $2,144.26 $1,906.07 $211.79 $2,117.86 $2,117.86 4 cubic yard recycling compactor
73 1 Time per Week $412.75 $63.76 $476.51 $423.57 $47.06 $470.63 $470.63 74 2 Time per Week $825.49 $127.52 $953.01 $847.14 $94.13 $941.27 $941.27 75 3 Time per Week $1,238.25 $191.27 $1,429.52 $1,270.71 $141.19 $1,411.90 $1,411.90 76 4 Time per Week $1,650.99 $255.01 $1,906.00 $1,694.28 $188.25 $1,882.53 $1,882.53 77 5 Time per Week $2,063.74 $318.77 $2,382.51 $2,117.85 $235.32 $2,353.17 $2,353.17 78 6 Time per Week $2,476.49 $382.53 $2,859.02 $2,541.42 $282.38 $2,823.80 $2,823.80 5 cubic yard recycling compactor
78 1 Time per Week $515.93 $79.69 $595.62 $529.46 $58.83 $588.29 $588.29 79 2 Time per Week $1,031.88 $159.40 $1,191.28 $1,058.94 $117.66 $1,176.60 $1,176.60 80 3 Time per Week $1,547.81 $239.09 $1,786.90 $1,588.40 $176.49 $1,764.89 $1,764.89 81 4 Time per Week $2,063.74 $318.77 $2,382.51 $2,117.85 $235.32 $2,353.17 $2,353.17 82 5 Time per Week $2,579.69 $398.46 $2,978.15 $2,647.32 $294.15 $2,941.47 $2,941.47 83 6 Time per Week $3,095.61 $478.18 $3,573.79 $3,176.79 $352.98 $3,529.77 $3,529.77 6 cubic yard recycling compactor
84 1 Time per Week $619.12 $95.64 $714.76 $635.36 $70.60 $705.96 $705.96 85 2 Time per Week $1,238.25 $191.27 $1,429.52 $1,270.71 $141.19 $1,411.90 $1,411.90 86 3 Time per Week $1,857.37 $286.89 $2,144.26 $1,906.07 $211.79 $2,117.86 $2,117.86 87 4 Time per Week $2,476.49 $382.53 $2,859.02 $2,541.42 $282.38 $2,823.80 $2,823.80 88 5 Time per Week $3,095.61 $478.18 $3,573.79 $3,176.79 $352.98 $3,529.77 $3,529.77 89 6 Time per Week $3,714.73 $573.81 $4,288.54 $3,812.13 $423.57 $4,235.70 $4,235.70 96 gallon recycling cart
90 1 Time per Week $26.91 $4.15 $31.06 $27.61 $3.07 $30.68 $30.68 91 2 Time per Week $53.81 $8.31 $62.12 $55.22 $6.14 $61.36 $61.36 92 3 Time per Week $80.72 $12.46 $93.18 $82.84 $9.20 $92.04 $92.04 93 4 Time per Week $107.64 $16.61 $124.25 $110.46 $12.27 $122.73 $122.73 94 5 Time per Week $134.55 $20.79 $155.34 $138.08 $15.34 $153.42 $153.42 95 6 Time per Week $161.45 $24.95 $186.40 $165.68 $18.41 $184.09 $184.09 Items in blue are rates for Sutter County services not currently offered in Yuba City Yuba City 2022 Rates Organics Program Service - Commercial Recycling Rates 8 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER ORGANICS SERVICES FOR CITY OF YUBA CITY

COMMERCIAL AND MUTLI-FAMILY (MFD)
Container Type/Size or Service Type Current Base
Rate
Franchise fees

13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
1 cubic yard organics bin
1 1 Time per Week $115.75 $17.88 $133.63 $118.79 $13.20 $131.99 $131.99 2 2 Time per Week $231.52 $35.77 $267.29 $237.59 $26.40 $263.99 $263.99 3 3 Time per Week $347.29 $53.64 $400.93 $356.39 $39.60 $395.99 $395.99 4 4 Time per Week $463.06 $71.52 $534.58 $475.19 $52.80 $527.99 $527.99 5 5 Time per Week $578.81 $89.40 $668.21 $593.98 $66.00 $659.98 $659.98 6 6 Time per Week $694.57 $107.30 $801.87 $712.78 $79.20 $791.98 $791.98 2 cubic yard organics bin
7 1 Time per Week $185.96 $28.72 $214.68 $190.84 $21.20 $212.04 $212.04 8 2 Time per Week $371.92 $57.47 $429.39 $381.67 $42.41 $424.08 $424.08 9 3 Time per Week $557.89 $86.17 $644.06 $572.51 $63.61 $636.12 $636.12 10 4 Time per Week $743.86 $114.89 $858.75 $763.36 $84.82 $848.18 $848.18 11 5 Time per Week $929.81 $143.63 $1,073.44 $954.19 $106.02 $1,060.21 $1,060.21 12 6 Time per Week $1,115.78 $172.36 $1,288.14 $1,145.04 $127.23 $1,272.27 $1,272.27 3 cubic yard organics bin
13 1 Time per Week $225.09 $34.77 $259.86 $230.99 $25.67 $256.66 $256.66 14 2 Time per Week $450.17 $69.54 $519.71 $461.96 $51.33 $513.29 $513.29 15 3 Time per Week $675.24 $104.29 $779.53 $692.94 $76.99 $769.93 $769.93 16 4 Time per Week $900.32 $139.07 $1,039.39 $923.94 $102.66 $1,026.60 $1,026.60 17 5 Time per Week $1,125.40 $173.84 $1,299.24 $1,154.91 $128.32 $1,283.23 $1,283.23 18 6 Time per Week $1,350.48 $208.62 $1,559.10 $1,385.90 $153.99 $1,539.89 $1,539.89 4 cubic yard organics bin
19 1 Time per Week $0.00 $0.00 $0.00 $277.70 $30.86 $308.56 $308.56 20 2 Time per Week $0.00 $0.00 $0.00 $555.40 $61.71 $617.11 $617.11 21 3 Time per Week $0.00 $0.00 $0.00 $833.10 $92.57 $925.67 $925.67 22 4 Time per Week $0.00 $0.00 $0.00 $1,110.79 $123.42 $1,234.21 $1,234.21 23 5 Time per Week $0.00 $0.00 $0.00 $1,388.48 $154.28 $1,542.76 $1,542.76 24 6 Time per Week $0.00 $0.00 $0.00 $1,666.19 $185.13 $1,851.32 $1,851.32 96 gallon organics cart
25 1 Time per Week $53.81 $8.31 $62.12 $55.22 $6.14 $61.36 $61.36 26 2 Time per Week $107.64 $16.61 $124.25 $110.46 $12.27 $122.73 $122.73 27 3 Time per Week $161.45 $24.95 $186.40 $165.68 $18.41 $184.09 $184.09 28 4 Time per Week $215.25 $33.26 $248.51 $220.91 $24.55 $245.46 $245.46 29 5 Time per Week $269.09 $41.56 $310.65 $276.14 $30.68 $306.82 $306.82 30 6 Time per Week $322.89 $49.88 $372.77 $331.36 $36.82 $368.18 $368.18 Items in blue are rates for Sutter County services not currently offered in Yuba City YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
Yuba City 2022 Rates Organics Program Service - Commercial Organics Rates 9 of 12 Page 144 of 1804/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

DEBRIS BOX & ON-CALL SERVICES
Container Type/Size or Service Type Current Base
Rate
Franchise
fees 13.38%
Current
Monthly Rate
Proposed
Base Rate
Franchise
fees 10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
Drop-Box Service(Per Haul Rate)
1 9 Yard Concrete $322.09 $49.75 $371.84 $323.40 $35.93 $359.33 $7.50 $366.83 2 15 Yard Debris Box $320.98 $49.58 $370.56 $323.40 $35.93 $359.33 $6.30 $365.63 3 20 Yard Debris Box $322.09 $49.75 $371.84 $323.40 $35.93 $359.33 $7.50 $366.83 4 25 Yard Debris Box $322.65 $49.84 $372.49 $323.40 $35.93 $359.33 $8.10 $367.43 5 30 Yard Debris Box $323.48 $49.97 $373.45 $323.40 $35.93 $359.33 $9.00 $368.33 6 40 Yard Debris Box $325.15 $50.22 $375.37 $323.40 $35.93 $359.33 $10.80 $370.13 7 Same Day Service Surcharge $80.55 $12.44 $92.99 $85.61 $9.51 $95.12 $95.12 Compactor Service(Per Haul Rate)
1 8 15 Yard Compactor $374.00 $57.77 $431.77 $370.96 $41.22 $412.18 $412.18 9 25 Yard Compactor $382.35 $59.05 $441.40 $370.96 $41.22 $412.18 $412.18 10 27 Yard Compactor $384.00 $59.33 $443.33 $370.96 $41.22 $412.18 $412.18 11 30 Yard Compactor $386.51 $59.71 $446.22 $370.96 $41.22 $412.18 $412.18 12 34 Yard Compactor $389.84 $60.22 $450.06 $370.96 $41.22 $412.18 $412.18 13 35 Yard Compactor $390.68 $60.36 $451.04 $370.96 $41.22 $412.18 $412.18 14 40 Yard Compactor $394.85 $60.99 $455.84 $370.96 $41.22 $412.18 $412.18 15 RWMA Surcharge Per Yard $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.90 $0.90 Disposal/Processing(Per Ton Rate)
16 Solid Waste Disposal $64.58 $9.97 $74.55 $66.26 $7.36 $73.62 $73.62 17 Recycling Materials $69.51 $10.75 $80.26 $71.34 $7.93 $79.27 $79.27 18 Green Waste $50.88 $7.87 $58.75 $52.22 $5.80 $58.02 $58.02 19 Organic Materials $50.88 $7.87 $58.75 $52.22 $5.80 $58.02 $58.02 20 C&D Materials $74.15 $11.45 $85.60 $76.09 $8.45 $84.54 $84.54 21 OCC $46.34 $7.16 $53.50 $47.56 $5.28 $52.84 $52.84
22 Clean Wood $27.81 $4.28 $32.09 $28.54 $3.17 $31.71 $31.71 23 Clean Concrete $9.27 $1.42 $10.69 $9.51 $1.06 $10.57 $10.57 Temporary Bin(Includes disposal)
24 4 Yard Food Container $0.00 $0.00 $0.00 $175.97 $19.55 $195.52 $195.52 25 6 Yard Container - All Material Types $0.00 $0.00 $0.00 $175.97 $19.55 $195.52 $3.00 $198.52 26 7 Yard Container - All Material Types $171.47 $26.49 $197.96 $175.97 $19.55 $195.52 $3.00 $198.52 On-Call Bulky Item Collection Commerial and MFD
27 Extra Bulky Item Collection $55.61 $8.59 $64.20 $57.07 $6.34 $63.41 $63.41 28 Extra Per Bulky Item Charge $11.12 $1.72 $12.84 $11.41 $1.27 $12.68 $12.68 29 Excess Bulky Item Charge (exceeds 2 cubic yards) $11.12 $1.72 $12.84 $11.41 $1.27 $12.68 $12.68 Debris Box Demurrage2
30 Per day after 7 days $18.54 $2.86 $21.40 $23.78 $2.64 $26.42 $26.42 31 Trip Charge $0.00 $0.00 $0.00 $85.61 $9.51 $95.12 $95.12 Notes

1. The RWMA HHW/Haz Waste Surcharge for Compactors is $0.90 per yard.

2. A demurrage charge may be applied to temporary debris boxes after seven days at one location with no activity.

Items in blue are rates for Sutter County services not currently offered in Yuba City YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
Yuba City 2022 Rates Organics Program Service - Debris Box & On-Call Rates 10 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

OTHER SERVICES
Container Type/Size or Service Type Current Base
Rate
Franchise fees

13.38%
Current
Monthly
Rate
Proposed Base
Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
Container Push Charge
1 1 Time per Week $4.41 $0.67 $5.08 $4.53 $0.50 $5.03 $5.03 2 2 Time per Week $8.81 $1.37 $10.18 $9.06 $1.01 $10.07 $10.07 3 3 Time per Week $13.20 $2.04 $15.24 $13.59 $1.51 $15.10 $15.10 4 4 Time per Week $17.61 $2.72 $20.33 $18.12 $2.01 $20.13 $20.13 5 5 Time per Week $21.78 $3.37 $25.15 $22.65 $2.52 $25.17 $25.17 6 6 Time per Week $26.42 $4.09 $30.51 $27.18 $3.02 $30.20 $30.20 Locked Enclosure Access Charge
7 1 Time per Week $4.41 $0.67 $5.08 $4.53 $0.50 $5.03 $5.03 8 2 Time per Week $8.81 $1.37 $10.18 $9.06 $1.01 $10.07 $10.07 9 3 Time per Week $13.20 $2.04 $15.24 $13.59 $1.51 $15.10 $15.10 10 4 Time per Week $17.61 $2.72 $20.33 $18.12 $2.01 $20.13 $20.13 11 5 Time per Week $21.78 $3.37 $25.15 $22.65 $2.52 $25.17 $25.17 12 6 Time per Week $26.42 $4.09 $30.51 $27.18 $3.02 $30.20 $30.20 13 Container Lock Charge $25.49 $3.94 $29.43 $26.15 $2.91 $29.06 $29.06 14 Locked Container Access $0.00 $0.00 $0.00 $4.53 $0.50 $5.03 $5.03 15 Bin Exchange (more than (1) time per year1
$69.51 $10.75 $80.26 $71.34 $7.93 $79.27 $79.27
16 Container Cleaning more than one (1) time per year3
$111.23 $17.18 $128.41 $114.14 $12.68 $126.82 $126.82
17 Bin Replacement Cost of a new bin of equal size plus 11.11% 18 Go Back for Late Setout (same day and route) $0.00 $0.00 $0.00 $14.27 $1.59 $15.86 $15.86 19 Go Back for Late Setout (different day or route) $0.00 $0.00 $0.00 $19.02 $2.11 $21.13 $21.13 20 Freon Containing Appliance (per item) $14.83 $2.29 $17.12 $15.22 $1.69 $16.91 $16.91 21 Ammonia Containing Appliance (per item) $44.49 $6.88 $51.37 $45.66 $5.07 $50.73 $50.73 22 Car Tire $0.00 $0.00 $0.00 $4.43 $0.49 $4.92 $4.92
23 Truck Tire $0.00 $0.00 $0.00 $12.46 $1.38 $13.84 $13.84 24 Tractor Tire-Filled $0.00 $0.00 $0.00 $68.63 $7.63 $76.26 $76.26 25 Tractor Tire-Solid $0.00 $0.00 $0.00 $142.68 $15.85 $158.53 $158.53 Solid Waste
26 32 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 27 64 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 28 96 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 29 1 Yard Bin - Extra Service/Overload/Contamination $31.47 $4.86 $36.33 $32.29 $3.59 $35.88 $35.88 30 1.5 Yard Bin - Extra Service/Overload/Contamination $34.89 $5.38 $40.27 $35.81 $3.98 $39.79 $39.79 31 2 Yard Bin - Extra Service/Overload/Contamination $41.97 $6.49 $48.46 $43.06 $4.78 $47.84 $47.84 32 3 Yard Bin - Extra Service/Overload/Contamination $48.91 $7.56 $56.47 $50.21 $5.58 $55.79 $55.79 33 4 Yard Bin - Extra Service/Overload/Contamination $55.86 $8.62 $64.48 $57.32 $6.37 $63.69 $63.69 34 5 Yard Bin - Extra Service/Overload/Contamination $59.37 $9.18 $68.55 $60.93 $6.77 $67.70 $67.70 35 6 Yard Bin - Extra Service/Overload/Contamination $62.95 $9.73 $72.68 $64.60 $7.18 $71.78 $71.78 36 7 Yard Bin - Extra Service/Overload/Contamination $69.89 $10.80 $80.69 $71.72 $7.97 $79.69 $79.69 37 8 Yard Bin - Extra Service/Overload/Contamination $76.82 $11.86 $88.68 $78.83 $8.76 $87.59 $87.59 38 1.3 Yard Compactor - Extra Service/Overload/Contamination $0.00 $0.00 $0.00 $68.79 $7.64 $76.43 $76.43 39 2 Yard Compactor - Extra Service/Overload/Contamination $103.19 $15.93 $119.12 $103.19 $11.47 $114.66 $114.66 40 3 Yard Compactor - Extra Service/Overload/Contamination $154.78 $23.90 $178.68 $154.78 $17.20 $171.98 $171.98 41 4 Yard Compactor - Extra Service/Overload/Contamination $206.37 $31.88 $238.25 $206.37 $22.93 $229.30 $229.30 42 5 Yard Compactor - Extra Service/Overload/Contamination $257.96 $39.84 $297.80 $257.96 $28.66 $286.62 $286.62 43 6 Yard Compactor - Extra Service/Overload/Contamination $309.57 $47.82 $357.39 $309.57 $34.40 $343.97 $343.97 44 Extra Empty on site per Container plus Extra Service Charge per Container Size $0.00 $0.00 $0.00 $23.78 $2.64 $26.42 $26.42 Recycling
45 32 Gallon Cart - Extra Service/Overload/Contamination $6.95 $1.08 $8.03 $7.13 $0.79 $7.92 $7.92 46 64 Gallon Cart - Extra Service/Overload/Contamination $6.95 $1.08 $8.03 $7.13 $0.79 $7.92 $7.92 47 96 Gallon Cart - Extra Service/Overload/Contamination $6.95 $1.08 $8.03 $7.13 $0.79 $7.92 $7.92 48 1 Yard Bin - Extra Service/Overload/Contamination $15.73 $2.42 $18.15 $16.14 $1.79 $17.93 $17.93 49 1.5 Yard Bin - Extra Service/Overload/Contamination $17.45 $2.69 $20.14 $17.91 $1.99 $19.90 $19.90 50 2 Yard Bin - Extra Service/Overload/Contamination $20.98 $3.25 $24.23 $21.54 $2.39 $23.93 $23.93 51 3 Yard Bin - Extra Service/Overload/Contamination $24.46 $3.78 $28.24 $25.10 $2.79 $27.89 $27.89 52 4 Yard Bin - Extra Service/Overload/Contamination $27.93 $4.31 $32.24 $28.66 $3.18 $31.84 $31.84 53 5 Yard Bin - Extra Service/Overload/Contamination $29.69 $4.59 $34.28 $30.46 $3.38 $33.84 $33.84 54 6 Yard Bin - Extra Service/Overload/Contamination $31.48 $4.86 $36.34 $32.30 $3.59 $35.89 $35.89 55 7 Yard Bin - Extra Service/Overload/Contamination $34.94 $5.39 $40.33 $35.86 $3.98 $39.84 $39.84 56 8 Yard Bin - Extra Service/Overload/Contamination $38.41 $5.93 $44.34 $39.42 $4.38 $43.80 $43.80 57 1.3 Yard Compactor - Extra Service/Overload/Contamination $0.00 $0.00 $0.00 $34.39 $3.82 $38.21 $38.21 58 2 Yard Compactor - Extra Service/Overload/Contamination $51.59 $7.96 $59.55 $51.59 $5.73 $57.32 $57.32 59 3 Yard Compactor - Extra Service/Overload/Contamination $77.39 $11.96 $89.35 $77.39 $8.60 $85.99 $85.99 60 4 Yard Compactor - Extra Service/Overload/Contamination $103.19 $15.93 $119.12 $103.19 $11.47 $114.66 $114.66 61 5 Yard Compactor - Extra Service/Overload/Contamination $128.98 $19.93 $148.91 $128.98 $14.33 $143.31 $143.31 62 6 Yard Compactor - Extra Service/Overload/Contamination $154.78 $23.90 $178.68 $154.78 $17.20 $171.98 $171.98 63 Extra Empty on site per Container plus Extra Service Charge per Container Size $0.00 $0.00 $0.00 $23.78 $2.64 $26.42 $26.42 YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
Yuba City 2022 Rates Organics Program Service - Other Rates 11 of 12 4/15/2022 1:51 PM

RECOLOGY YUBA-SUTTER SOLID WASTE SERVICES FOR CITY OF YUBA CITY

OTHER SERVICES
Container Type/Size or Service Type Current Base
Rate
Franchise fees

13.38%
Current
Monthly
Rate
Proposed Base
Rate
Franchise fees

10.00%
Proposed
Monthly Rate
RWMA
Surcharge
Total Monthly
Charges
YUBA CITY PROPOSED RATES THROUGH SEPTEMBER 30, 2022 (SUTTER COUNTY BASE RATES WITH 10.00% FRANCHISE FEE)
YUBA CITY RATES EFFECTIVE OCTOBER 1,
2021
Organics
64 32 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 65 64 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 66 96 Gallon Cart - Extra Service/Overload/Contamination $13.91 $2.14 $16.05 $14.27 $1.59 $15.86 $15.86 67 1 Yard Bin - Extra Service/Overload/Contamination $31.47 $4.86 $36.33 $32.29 $3.59 $35.88 $35.88 68 2 Yard Bin - Extra Service/Overload/Contamination $41.97 $6.49 $48.46 $43.06 $4.78 $47.84 $47.84 69 3 Yard Bin - Extra Service/Overload/Contamination $48.91 $7.56 $56.47 $50.21 $5.58 $55.79 $55.79 70 4 Yard Bin - Extra Service/Overload/Contamination $0.00 $0.00 $0.00 $57.32 $6.37 $63.69 $63.69 71 Extra Empty on site per Container plus Extra Service Charge per Container Size $0.00 $0.00 $0.00 $23.78 $2.64 $26.42 $26.42 Notes

1. 2.

Items in blue are rates for Sutter County services not currently offered in Yuba City Commercial and MFD Customers are allowed one bin exchange once per year at no additional charge.

Commercial and MFD may be charged for bin overflow upon the third occurrence.

Yuba City 2022 Rates Organics Program Service - Other Rates 12 of 12 4/15/2022 1:51 PM

EXHIBIT 1-A:

MAXIMUM SERVICE RATE ADJUSTMENTS

1. Annual Rate Adjustment Process
a) Elements of Maximum Service Rates. Each Maximum Service Rate shall consist of some combination of the following elements: a base service rate element, a Franchise Fee element, anRWMA surcharge fee element, and such other elements as may be added by the CITY duringthe Term of this Agreement to reflect new fees or charges imposed by CITY.
b) Adjustments to Base Service Rate Element. Beginning on October 1, 2022, and annually thereafter, CONTRACTOR shall, subject to compliance with subsection d) below, receive an annual adjustment in the base service rate element of all Maximum Service Rates set forth in Exhibit 1 to this Agreement. The annual adjustment will be based on changes in the Consumer Price Index, All Urban Consumers, All Items, San Francisco-Oakland-Hayward, Series ID: CUURS49BSA0, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI") published bi-monthly beginning in February of each year. i) Subject to the carry-forward mechanism described in subsection ii) below, the annual adjustment to the base service rate element shall be in a percentage amount equal to thepercentage change in the annual average of the CPI between the 12-month period ending onApril 30 of the calendar year in which the annual adjustment is to occur, and the preceding 12-month period. For purposes of this calculation, the annual average shall be the average ofthe six bimonthly indices (June, August, October, December, February and April). For example, the first annual CPI adjustment (to take effect on October 1, 2022) will be based on the percentage change between the annual average of CPI for the twelve (12) months endingApril 30, 2021 and the annual average of CPI for the twelve (12) months ending April 30, 2022. In the preceding example the percentage change in the annual averages would be calculatedas follows [(2022 annual average/2021 annual average)- 1). In any year that the calculation ofthe percentage change in CPI results in a negative number, the negative number shall be used (that is, CPI adjustments may be positive or negative).
ii) In any year that the percentage change in CPI calculated as provided in subsection i) above, plus any percentage change carried forward from the previous year pursuant to this subsection ii), is more than three percent (3%), the current year's CPI adjustment to the baseservice rate element shall be three percent (3%), and the percentage above three percent (3%) shall be carried forward to the following year

EXHIBIT 1-A:
and added to the CPI percentage that would otherwise apply in that year. The process shall be repeated for successive annual adjustments under this Agreement until all carry-forward amounts have been applied or the Agreement terminates. For example, if the CPI adjustments calculated under subsection i) were 6% for 2022, 3% for 2023, and 1% for 2024, then the CPI adjustments to the base service rate element would be 3% in 2022, 3% in 2023, and 3% in 2024 (assuming no carry-forward from 2021to 2022). The carry-forward mechanism and three percent (3%) cap shall not applyto any adjustments to the base service rate element for reasons other than the CPI adjustment (such as a CITY-directed change in services, or pass-through of regulatory fees).

Adjustment to the Fee Elements of the Maximum Service Rates. The other fee elements of the Maximum Service Rates shall be adjusted as follows:
iii) Franchise Fee Element. The Franchise Fee element shall be calculated by dividing the base service rate element of each Maximum Service Rate by one (1) minus the Franchise Fee percentage (for example 1.00 - .10 = 0.90); subtracting the base service rate element; and rounding the resulting figure to two (2) decimal places. iv) RWMA Surcharge Fee Element. The RWMA surcharge fee element is set initially by the CITY and may be modified annually by notice to the CONTRACTOR no later than thirty (30) days prior to June 1st of the year that the modification is intended to take effect.
c) Submission of Application. On or before June 1, 2022 and each succeeding Agreement Year during the Term of this Agreement, CONTRACTOR shall submit an application to CITY for such adjustment. The application shall contain CONTRACTOR's calculation (in accordance with this Exhibit) of the annual adjustment and a revised Maximum Service Rate sheet reflecting the annual adjustment.
d) Failure to Submit. If CONTRACTOR fails to submit the application by the June 1st deadline, it is agreed that CONTRACTOR shall be deemed to have waived the annual adjustment for that year and such waived annual adjustment ·shall not be added to a future rate application. CONTRACTOR's failure to provide the application shall not preclude CITY from applying the annual adjustment, if that application would result in a negative adjustment. Notwithstanding the foregoing, if CONTRACTOR's failure to submit the application is the result of extraordinary or unusual circumstances as demonstrated by CONTRACTOR to the satisfaction of the Contract Administrator, CITY, at its sole discretion, may consider the request for the annual adjustment. In the event the annual adjustment is waived as set forth herein, CITY retains the right to adjust any

EXHIBIT 1-A:
or all of the other fee elements of the Maximum Service Rates. e) Rounding. Annual adjustments to Maximum Service Rates shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall be rounded to two (2) decimal places by rounding the third decimal. The annual adjustment shall be rounded to four (4) decimal places for the adjustment calculations by rounding the fifth decimal. In each of the above cases, rounding shall be down if the decimal to be rounded, as set forth above, is five (S) or less and up if the decimal to be rounded, as set forth above, is six (6) or more.
f) Review by Contract Administrator. The Contract Administrator shall review the calculations in CONTRACTOR' s application and shall promptly notify CONTRACTOR of any errors, but in any event before July 1st. In the absence of such notice, the annual adjustment calculation and Maximum Service Rate adjustments set forth in CONTRACTOR's application shall be deemed approved and shall take effect on the next October 1st. If any errors have occurred and are noticed to CONTRACTOR by July 1st, CONTRACTOR shall have the opportunity to submit a corrected application. In such event, the Contract Administrator shall promptly review the corrected application and notify CONTRACTOR either that the application is correct, or that there are additional errors that need correction, in which case the correction procedure shall be repeated. The annual adjustment calculation and adjustments to the Maximum Service Rates set forth in CONTRACTOR's application (as so corrected) shall then become effective on the next October 1st.

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Water Supply Outlook and Emergency Water Conservation Measures Recommendation: Adopt a Resolution declaring that water supply conditions are such that they dictate and justify the need for the implementation of mandatory conservation measures to achieve 20% conservation, in alignment with Stage 3 of the Water Shortage Contingency Plan
Fiscal Impact: Conservation will result in a reduction in water revenues and increased costs for public outreach and compliance
Purpose:

To provide the City’s current water supply outlook and implement conservation measures to obtain a 20% reduction in consumption as compared to 2020.

Council’s Strategic Goal:

This item addresses Council’s Strategic Goal of Public Safety by ensuring adequate water supply for the health and safety of the City’s utilities customers.

Background:

The City of Yuba City primarily obtains water for its water system through four different permits/contracts from the Feather River; the City also has access to groundwater for use in drought or emergency conditions via Groundwater Well #1, located at the Water Treatment Plant (WTP), with plans to have Hillcrest Groundwater Well #9 back online in June 2022.

With the current drought, the City’s water supplies have been curtailed and reduced, many to the levels experienced during the 2012-2016 drought. The projected allocation/utilization for 2022 is shown below in Table A and further detailed in Attachment 3.

Table A: Yuba City Water Sources (Acre-Feet)
Water Source Contract
Maximum
Projected 2022
Allocation/Utilization
Availability
Calculation
Time of Use

SWRCB License
13855
6,500 923 Curtailed to
15%
September -
June
SWRCB Permit
18558
9,000 4,742 Seasonal
Availability
October - June
North Yuba Water
District
4,500 4,500 Total
Contract
Summer
DWR State Water
Project
9,600 1,440 15%
Allotment*
Year-round
DWR State Water
Project - Carryover
1,612 Out of
3,999**
Year-round
Groundwater Well #1 900 Maximum
Production
As Needed
Groundwater Well
#9
500 Maximum
Production
As Needed –
June
Surface Water
Total:
13,217
Groundwater Total: 1,400
Supply Total: 14,617
* Allotment for current-year DWR State Water Project is subject to change should drought conditions continue. Any reduction in supply will need to be supplemented by carryover water. **The City’s highest priority is to maximize carryover water savings in order to preserve resources for future need, especially if drought conditions continue into Fiscal Year 23/24.

During California’s 2012-2016 drought, the City utilized the backup groundwater well at the WTP, “carryover” water from the State Water Project (SWP) Contract to supplement supplies, and encouraged customers to conserve water. Customers did an excellent job reducing consumption during the 2012-2016 drought, and adopted long-term habits that reduced water consumption overall. Through these efforts, the City was able to meet water demands.

Curtailment of water supply allotment began again in 2021 in response to low precipitation and snowpack, and, subsequently, the City voluntarily implemented Stage 2 of the Water Shortage Contingency Plan with a 15% target in July 2021 in order to conserve carryover water and match Executive Order N-10-21.

Though the City has been fortunate to have had enough water supplies to serve customers through 2021 and into 2022, another dry winter has further threatened the water supply level for agencies across California, including Yuba City.

Analysis:

On March 28, 2022, Governor Newsom issued Executive Order N-7-22 (Executive Order), which directs the State Water Resources Control Board to require all urban water suppliers to implement minimum Stage 2 (Water Warning) of their Water Shortage Contingency Plans with a target of 20% conservation. As the City already voluntarily implemented Stage 2 in July 2021, staff has been able to evaluate the effectiveness of that stage to address current and future water supply concerns. Staff has concluded that the voluntary Stage 2 measures have not reached the desired conservation target

during this period and recommends more stringent measures to address the ongoing drought conditions.

In order to meet the state conservation target and conserve SWP Contract carryover water as much as is practicable, staff recommends implementing Stage 3 (Severe Shortage) with a designated 20% reduction target, which includes mandatory water use prohibitions. While this is not mandatory by the State at this time, staff believes that these conservation measures are necessary to better meet the City’s water supply needs and anticipated future shortages in Fiscal Year 22/23. Additional water use restrictions under Stage 3 include:
 Outdoor irrigation restriction to two (2) designated days per week o Irrigation will be limited to Mondays and Thursdays for all addresses  Enforcement of water use prohibitions, including:

1. Irrigation outside of designated times

2. Excessive watering resulting in gutter flooding

3. Using a hose without a shutoff nozzle

4. Washing down hard surfaces such as sidewalks and driveways

5. Using a non-recirculating fountain

6. Not repairing leaks in a timely manner
A full description of Stage 3 is in Attachment 2, along with the other stages of the Water Shortage Contingency Plan. With Council’s direction, staff will prepare an outreach campaign to inform customers of the need for significant water conservation and the implemented Stage 3 required actions.

The irrigation schedule and water violation information can be found in Attachment 5.

In addition to customer conservation, City efforts to conserve water include further evaluation and construction of groundwater sources, including beginning construction of Groundwater Well #2 at the Water Treatment Plant in the fall, analysis of water supply reduction and water loss within the City’s water treatment and distribution system, and reduction in irrigation and water activity at the City’s parks and facilities.

Public Works recommends the following schedule for increased water conservation measures:

Council Approval April 19, 2022
Outreach Campaign & Water Warnings May 1, 2022
Full Implementation & Enforcement June 1, 2022
Fiscal Impact:

A reduction in consumption will result in a reduction in revenues. The water and wastewater rate increases will partially offset this loss in sales. An historical comparison of water supply and utilities revenue from Fiscal Year 10/11 through projected Fiscal Year 22/23 is included as Attachment 4.

Alternatives:

Direct staff to remain at Stage 2 voluntary conservation and do not initiate mandatory water conservation measures unless directed to do so at a later time by the State.

Recommendation:

Adopt a Resolution declaring that water supply conditions are such that they dictate and justify the need

for the implementation of mandatory conservation measures to achieve 20% conservation, in alignment with Stage 3 of the Water Shortage Contingency Plan.

Attachments:

1. Resolution - Water Outlook 2022

2. Water Shortage Contingency Plan Stages - Water Outlook 2022

3. Water Supply 2022 - Water Outlook 2022

4. Drought Revenue Analysis - Water Outlook 2022

5. Mandatory Water Enforcement - Water Outlook 2022
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

DECLARING THAT WATER SUPPLY CONDITIONS ARE SUCH THAT THEY

DICTATE AND JUSTIFY THE NEED FOR IMPLEMENTATION OF WATER SHORTAGE CONTINGENCY PLAN STAGE 3
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22 ordering the State Water Resource Control Board to require urban water suppliers to implement, at minimum, Stage 2 of said suppliers’ Water Shortage Contingency Plans to achieve a goal of 20% water conservation in response to ongoing drought conditions; and
WHEREAS, the City voluntarily implemented Stage 2 of the City’s Water Shortage Contingency Plan on July 20, 2021 in order to achieve a 15% water conservation target in response to Governor Newsom’s Executive Order N-10-21; and WHEREAS, the City’s mandatory water restrictions to achieve up to a 30% reduction in water consumption are a part of Stage 3 of the City’s Water Shortage Contingency Plan; and
WHEREAS, staff recommends that the more stringent restrictions of Stage 3 be implemented in order to better reach the minimum 20% target due to the insufficiency of the voluntary Stage 2 implementation during the previous nine months; and WHEREAS, Section 6-6.19 of the Municipal Code dictates that upon declaration of the City Council that water supply conditions are such that they dictate and justify the implementation of emergency water restrictions, the regulations in the Water Shortage Contingency Plan within the City’s adopted Urban Water Management Plan will apply.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City hereby declares that water supply conditions are such that they dictate and justify the need for implementation of emergency water restrictions at Stage 3 of the City’s Water Shortage Contingency Plan. The City Council orders implementation of emergency water restrictions at Stage 3 of the City’s Water Shortage Contingency Plan.

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 19th day of April, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

ATTACHMENT 2

Water Shortage Contingency Plan
2020 WSCP 7
Table 6-1: WSCP Actions to Reduce Customer Use - Stage 1 Water Alert: Shortage up to 10%

1. Waste and Unreasonable Use of Water Prohibited and Voluntary conservation encouraged (up to 10%)

2. Situation and possible subsequent water shortage stages explained to the public and governmental bodies (up to 10%)

3. Focus on customers with high per capita water usage to achieve proportionally greater reduction than those with low use

4. Actions include, but not limited to:
• Public information campaign consisting of distribution of literature, speaking engagements, website updates, bill inserts, and conversation messages printed in local newspapers • Educational programs in area schools
• Conservation Hotline (combined up to 10%)

5. Consumption Reduction Methods, including:
• Demand reduction program
• Plumbing and irrigation fixture replacement
• Water conservation kits
• Education programs
• Voluntary rationing (combined up to 10%)

6. Conservation Rules and Restrictions and Prohibitions on End Uses, to include:
• Allowing water to run off unused into a gutter, ditch, or drain; • Failing to repair a controllable leak;
• Washing sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas; • Utilizing a hand-held hose without an automatic shut-off nozzle; and • Irrigating during a precipitation event
• For new development additional prohibitions include single pass-through cooling water systems; commercial car washes and laundries without recirculating water systems; and decorative fountains without recirculating water systems.

Table 6-2: WSCP Actions to Reduce Customer Use - Stage 2 Moderate Shortage (up to 20%)
• All measures implemented in Stage 1
• Request voluntary conservation water usage reductions (up to 20%) • Enforce Conservation Rules and Restrictions and Prohibitions on End Uses listed in Table 6-1 (10-20%) • Usage in excess of customer baseline may be subject to drought penalty • All Consumption Reduction Methods from Stage I and intensified as needed; additionally:
• Use prohibitions
• Encourage customers to voluntarily water one day less per week and to water during the coolest part of the day
• Vehicle washing must be done using a bucket or hand-held hose with an automatic shut-off nozzle, or take place at a commercial car wash.
• Limit hours or close spray pads and water slide at City parks.

Water Shortage Contingency Plan
2020 WSCP 8
Table 6-3: WSCP Actions to Reduce Customer Use - Stage 3 Severe Shortage (up to 30%)

1. All measures implemented in Stages 1 and 2

2. Enforce outdoor irrigation restrictions including limiting number of watering days per week, and time when irrigation can occur (e.g., between 6:00 pm and 9:00 am)

3. Some or all of the following:
• Adherence to customer baselines and actual water use reductions water allocations and mandatory conservation rules
• Water usage goals established by an authorized government agency or official • Customer water usage in excess of baseline to be monitored and recorded • Intensify enforcement of water use prohibitions; including restrictions of days and daytime hours for watering, excessive watering resulting in gutter flooding, using a hose without a positive shutoff device, use of decorative fountains with non-recirculating pumps, washing down sidewalks or patios, not repairing leaks in a timely manner, etc. (up to 30%)

4. Monitor water production weekly for compliance with necessary reductions;

5. All activities are intensified and production is monitored daily for compliance with necessary reductions. (up to 30%)

6. All Consumption Reduction Methods from Stage 2 and intensified as needed; additionally:
• Reduce pressure in water lines; Flow restriction
• Mandatory rationing
• Close spray pads and water slide at City parks
• Incentives to reduce water consumption; Excess use penalty • Percentage reduction by customer type (combined up to 30%)

7. Penalties and Charges for Excessive Use, including penalties for not reducing consumption, charges for excess use
Table 6-4: WSCP Actions to Reduce Customer Use - Stage 4 Critical Shortage (up to 40%)

1. All measures implemented in Stages 1-3

2. All activities are intensified and production is monitored daily for compliance with necessary reductions. (up to 40%)

3. All Consumption Reduction Methods from Stage 3 and intensified as needed; additionally:
• Restrict building permits; Restrict for only priority uses

4. Penalties and Charges for Excessive Use, including penalties for not reducing consumption, charges for excess use (up to 40%)
• Continue monitoring and addressing water use above baseline with penalties

5. Catastrophic Event (Supply reduction up to 40%): Implement Applicable Actions for Catastrophic Events

Water Shortage Contingency Plan
2020 WSCP 9
Table 6-5: WSCP Actions to Reduce Customer Use - Stage 5 Shortage Crisis (up to 50%)

1. All measures implemented in Stages 1-4

2. Source of supply for the System is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (up to 50%)

3. All activities are intensified and production is monitored daily for compliance with necessary reductions (up to 50%)

4. All Consumption Reduction Methods from previous stages and intensified as needed

5. Possible reductions in customer baselines and actual water use reductions (up to 50%)

6. Usage in excess of customer baseline to be charged at regular rate plus an additional drought emergency surcharge amount (up to 50%)
Update current water shortage condition response measures based on Council approvals and direction, state policy directives, emergency conditions, or to improve customer response

7. Catastrophic Event (Supply reduction up to 50%): Implement Applicable Actions for Catastrophic Events (such as boil water order)
- Continue water monitoring for reduction from baseline with potential penalties Table 6-6: WSCP Actions to Reduce Customer Use - Stage 6 Emergency Shortage (greater than 50%)

1. All measures implemented in Stages 1-5

2. Source of supply for the System is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (>50%)

3. All activities are intensified and production is monitored continually for compliance with necessary reductions (up to >50%)

4. All Consumption Reduction Methods from previous stages and intensified as needed

5. Possible reductions in customer baselines and actual water use reductions (up to >50%)

6. Usage in excess of customer baseline to be charged at regular rate plus an additional drought emergency surcharge amount

7. Update current water shortage condition response measures based on Council approvals and direction, state policy directives, emergency conditions, or to improve customer response

8. Catastrophic Event (Supply reduction greater than 50%): Implement Applicable Actions for Catastrophic Events. Continue water monitoring for reduction from baseline with potential penalties

ATTACHMENT 3

Yuba City Water Supply 2022
Source JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Contract
Maximum Additional Information
Lic. #13855 (SWRCB - A018025) 1 0 0 0 96 0 0 X X 0 0 827 0 923 6,500 POST - 1914 Permit #18558 (SWRCB - A025751) 2
783 910 1,128 1,171 0 0 X X X 0 0 750 4,742 9,000 TERM 91 NYWD 3
X X X 0 922 892 922 922 654 188 X X 4,500 4,500 LIC# 12984 WTP Well #1 0 0 0 0 150 150 150 150 150 150 0 0 900
WTP Well #2 X X X X X X X X X X X X 0 Online Target Spring 2023 Well #5 X X X X X X X X X X X X 0 Under Evaluation
Well #8 X X X X X X X X X X X X 0 Under Evaluation
Well #9 X X X X X 100 100 100 100 100 0 0 500 Online Target June 2022 SWP Table A (DWR) 4
0 0 0 0 545 412 480 3 0 0 0 0 1,440 9,600
Contract # 160254 - Estimated 15%
Allocation*
SWP ADV TBLA (DWR) 0 0 0 0 0 0 0 0 0 0 0 0 0 5,000 Area of Origin SWP Art 21 (DWR) 5 0 0 0 0 0 0 0 0 0 0 0 0 0 Surplus
SWP CO Art 56C (DWR) 6
0 0 0 0 0 0 0 460 474 678 0 0 1,612 3,999 Carryover Previous Year Subtotal - Surface Water 783 910 1,128 1,267 1,467 1,304 1,402 1,385 1,128 866 827 750 13,217 38,599 Subtotal - Groundwater 0 0 0 0 150 250 250 250 250 250 0 0 1,400 TOTAL WATER SUPPLY 783 910 1,128 1,267 1,617 1,554 1,652 1,635 1,378 1,116 827 750 14,617 *SWP Table A allocation is subject to change should drought conditions continue. Any reductions in SWP Table A supply will need to be supplemented by carryover water.

ATTACHMENT 4

Fiscal Year Utility Revenues and Drought Effects
Fiscal Year Water Supply (AF) Water Consumption (AF) Water Revenue Wastewater Revenue 2010/2011 14,162 14,012 $ 7,787,000 $ 8,350,000
2011/2012 16,635 14,561 $ 8,604,000 $ 7,952,000
2012/2013 17,628 15,634 $ 9,887,000 $ 9,856,000
2013/2014 17,218 15,020 $ 10,027,000 $ 10,977,000
2014/2015 14,623 12,764 $ 9,369,000 $ 11,129,000
2015/2016 13,409 11,258 $ 8,984,000 $ 11,658,000
2016/2017 13,680 12,175 $ 11,120,000 $ 12,726,000
2017/2018 14,770 13,109 $ 13,933,000 $ 14,500,000
2018/2019 14,264 12,772 $ 14,966,000 $ 15,613,000
2019/2020 14,791 12,545 $ 14,567,000 $ 15,594,000
2020/2021 15,681 13,461 $ 15,145,000 $ 15,709,000
Est. 2021/2022 15,176 12,770 $ 15,355,000 $ 16,634,000
Est. 2022/2023* 14,617 10,769 $ 14,770,000 $ 17,651,000 *Using calendar year 2022 water supply and 20% conservation of FY 20/21 water consumption FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 Est. FY
21/22
Est. FY
22/23
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
Fiscal Year Utility Revenues and Drought Effects
Water Revenue Wastewater Revenue Water Supply (AF)

ATTACHMENT 5

Water Shortage Stage 3:

Mandatory Irrigation Restrictions
IMPLEMENTATION – MAY 1, 2022
ENFORCEMENT – JUNE 1, 2022

IRRIGATION SCHEDULE ENFORCEMENT
Irrigation: Mornings &
Evenings Recommended
Per Municipal Code Sec. 6-

6.20., violations of emergency
water restrictions are subject
to the following enforcement
measures:

1. First violation: A written
warning of such
violation.

2. Second violation: $50
surcharge which shall
appear on the next
monthly water billing.

3. Third violation: $100
surcharge which shall
appear on the next
monthly water billing.

4. Fourth and subsequent
violations: $250
surcharge which shall
appear on the next
monthly water billing.

NO Irrigation
NO Irrigation
Irrigation: Mornings &
Evenings Recommended
NO Irrigation
NO Irrigation
NO Irrigation
M
T
W
T
F
S
S

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Presentation of Utility Billing Arrearages and Delinquencies Recommendation: Note and File Report
Fiscal Impact: Informational item only
Purpose:

To provide information regarding utility billing arrearages and delinquencies.

Council's Strategic Goal:

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

Background:

In recent years, prior to the pandemic, Yuba City’s monthly utility billing delinquencies represented 1 percent of accounts and the unpaid bills ranged from $50,000 to $75,000. On April 2, 2020, the California governor announced Executive Order N-42-20 placing a moratorium on water system service shutoffs during the COVID-19 pandemic. This order ended on December 31, 2021, but the City must still follow Senate Bill 998 (SB 998), passed in 2018, which places many rules on how the City administers discontinuance of service due to nonpayment.

In fiscal year 2021-22, the State Water Resources Control Board appropriated American Rescue Plan Act (ARPA) funds for the California Water and Wastewater Arrearage Payment Program (CWWAPP) which establishes a mechanism for ratepayers to find relief for debt to the City utilities. Yuba City applied for and received $279,320 in water bill relief funding and applied it to 702 delinquent accounts.

Yuba City also has an application pending for $257,618 for sewer bill relief for 455 accounts. While this funding does help, many of the same ratepayers have not resumed monthly payments and balances will continue to climb.

Analysis:

Yuba City has been utilizing discontinuance of service for nonpayment (Shutoffs) for decades as the last resort collection tool for accounts that are two or more months behind on their rate payments. SB

998 was already providing many protections to ratepayers that are delinquent on their utility bills when Governor Newsom placed a moratorium on shutoffs. Yuba City’s delinquencies has grown to 969 delinquent accounts (almost 8 percent) and over $457,700, today, factoring in the coming sewer bill relief. Finance staff has been instrumental in making contact with ratepayers, providing education, and reducing the outstanding balance from as high as over $700,000. Yuba City applied for and has been approved for a third ratepayer relief program, Low-Income Household Water Assistance Program (LIHWAP), through which ratepayers may apply directly through the State of CA for assistance providing up to $2,000 per household for qualifying customers.

With the CWWAPP programs underway, the discontinuation of the moratorium, and SB 998 updates to our Shutoff procedures, Yuba City’s staff is prepared to resume shutoffs in a responsible manner for the health of the water and wastewater funds. Residents and landlords receive several mailings, a phone call to the number on record and City staff has created multi-language doorhangers to further inform residents about their delinquencies and urgency for payment to prevent Shutoffs. Additional SB 998 requirements placed on City staff before shutting off service include:
 Adopt a written discontinuation policy containing certain information in several languages and posted on the City’s website;
 Wait until an account is at least 60 days delinquent before initiating Shutoff protocol;  A primary care provider has not certified that the Shutoff will pose a serious or potentially fatal threat to a resident;
 The customer has not demonstrated the inability to pay;  The customer is not willing to enter into an alternative payment agreement;  Inform renters and mobile home residents about pending Shutoffs and provide the opportunity for said persons to become the ratepayer for their address;  Posting the number of Shutoffs on the City website, annually.

These new rules are in addition to Shutoff rules existing prior to 2018. Staff has begun an initiative to ensure that all landlords are listed as additional bill recipients to help these owners comply with Municipal Code Section 6-6.10(g), which places the responsibility for utility bill payments solely on the property owners.

Fiscal Impact:

Informational item only.

Recommendation:

Note and file this report.

Attachments:

None
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: April 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: 60-Day Trial Program to Provide an Overnight Vehicle Parking Area for Homeless Individuals and Families at County-Owned Property Located at 850 Gray Avenue in Yuba City
Recommendation: Adopt a Resolution approving the establishment of a 60-day trial program to provide an overnight vehicle parking area for homeless individuals and families at County-owned property located at 850 Gray Avenue in Yuba City.

Fiscal Impact: $11,600 - Account No. 951281 (Permanent Local Housing Allocation Funding) The City's share of the 60-day trial program is anticipated to be $11,600. If the program continues, additional funds will need to be programmed in the FY 22/23 budget for ongoing operational costs.

Purpose:

To evaluate the extent and need for an overnight vehicle parking area for homeless individuals and families, and provide one specific area for people to park.

Council's Strategic Goal:

This addresses Council's Strategic Goals of Business Friendly, Public Safety, and Quality of Life.

Providing one secure location for overnight vehicle parking will reduce the number of "vehicle campers" in the parking lots of businesses and City streets.

Background:

The impacts of homelessness can be seen throughout Yuba City, Sutter County, and the state. Over the past few years, many organizations have collaborated together in the Yuba-Sutter area to provide resources to the homeless. Sutter County programs that have been implemented include construction of a homeless tent camping site on Second Street, the creation of the Better Way shelter, the Harmony Village HomeKey project which converted a hotel to housing, and collaboration with agencies such as the Regional Housing Authority, Habitat for Humanity, and the City to develop affordable housing such as the New Haven apartment complex.

One area that still needs to be addressed is "vehicle campers", which are individuals that use their

vehicles as living quarters and park on public streets and business parking lots. There is not a designated location where these vehicle campers can stay overnight, and these vehicles can be a nuisance for businesses and residents.

Analysis:

City staff have been working with County staff to evaluate several potential sites for vehicle campers, taking into consideration factors such as access, safety, proximity to residential neighborhoods, and set-up costs. To both evaluate the extent and need for a safe overnight parking area, Sutter County and City staff recommend a 60-day trial period for a safe overnight parking area located on Countyowned property at 850 Gray Avenue, more commonly known as the former K-Mart site.

The parking area would be located in an overhead-lighted area on the west side of the former K-mart building where approximately 17 parking spots currently exist. The parking area would operate from approximately 7:00 pm to 7:00 am each day, and a security guard would be present while vehicles are parked in the designated area. Vehicles must leave the property each morning and must have valid registration with the Department of Motor Vehicles. ADA restrooms and a handwashing station will be provided and located within the gated and locked outdoor area of the former K-mart property. A security camera, surveillance sign, flashlights and fire extinguishers will be supplied. Rules, similar to those at the overnight camping area on Second Street, will be posted.

The Yuba City Police Department and Sutter County Sheriff's Office will maximize parking enforcement within the community and direct vehicle campers to the trial area. Once the extent and need for overnight vehicle parking is determined, staff will bring recommendations for longer-term options to Council for consideration.

The Sutter County Board of Supervisors considered and approved the establishment of a 60-day trial program at their April 12, 2022, meeting. Should the trial program show the need for a more permanent site for an overnight vehicle parking area, staff will work with County staff to develop an agreement that outlines the responsibilities of each party as well as the location. Any such agreement will be presented to City Council for consideration.

Fiscal Impact:

The anticipated cost for the 60-day trial program is $23,200 which includes $18,600 for security guard services, and $4,600 for fencing, ADA restrooms, and a handwashing station. The operational costs are proposed to be split equally between the City and County. The City's share of $11,600 will be charged to Account No. 951281 (Permanent Local Housing Allocation Funding). In addition, it is anticipated that some funding will be required to assist disabled vehicles.

Alternatives:

Do not approve the establishment of the trial program and direct staff to work with Sutter County to develop alternative solutions.

Recommendation:

Adopt a Resolution approving the establishment of a 60-day trial program to provide an overnight vehicle parking area for homeless individuals and families at County-owned property located at 850 Gray Avenue in Yuba City.

Attachments:

1. Attachment 1 - Reso - 60 Day Overnight Vehicle Parking Area

2. Attachment 2 - K-Mart Site
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 APPROVING THE ESTABLISHMENT OF A 60-DAY TRIAL PROGRAM TO PROVIDE AN

OVERNIGHT VEHICLE PARKING AREA FOR HOMELESS INDIVIDUALS AND FAMILIES AT COUNTY-OWNED PROPERTY LOCATED AT 850 GRAY AVENUE IN YUBA CITY WHEREAS, the impacts of homelessness can be seen throughout Yuba City, Sutter County, and the state; and,
WHEREAS, over the past few years many organizations have collaborated together to provide resources to the homeless; and
WHEREAS, there are facilities for overnight tent camping in Yuba City but there is not one designated place for vehicle campers, which are individuals that use their vehicles as living quarters and park on public streets and business parking lots; and WHEREAS, there is a need to provide a designated place for vehicle campers in order to allow maximum parking enforcement; and
WHEREAS, Sutter County has a property located at 850 Gray Avenue in Yuba City in which they are willing to allow a trial 60-day period for an overnight vehicle camping area.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City does hereby approve the establishment of a 60-day trial program to provide an overnight vehicle parking area for homeless individuals and families at County-owned property located at 850 Gray Avenue.

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 19th day of April, 2022.

AYES:

NOES:

ABSENT:
________________________________
Dave Shaw, Mayor
ATTEST:
________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

ATTACHMENT 2

850 Gray Avenue
Proposed Overnight Vehicle
Parking Area

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

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

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