Yuba City City Council
May 17, 2022

If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
MAY 17, 2022

REGULAR MEETING

CITY COUNCIL

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

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

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

AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
MAY 17, 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.

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link: https://us06web.zoom.us/webinar/register/WN_VusVeTauSYGfWQoLWNpLHg. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

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. Sutter Marine, Inc., Retirement Proclamation

2. National Public Works Week Proclamation

3. National Police Week Proclamation

4. Open Counter Presentation

5. Sam Brannan Park Presentation
Public Communication

6. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker.

Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

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

7. Minutes of April 19, 2022
Recommendation: Approve minutes of April 19, 2022

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

9. Fire Management Memorandum of Understanding (MOU)
Recommendation: Adopt a Resolution approving the Memorandum of Understanding with the Fire Management group

10. Feather River West Levee Financing Authority Proposition 218 Property Owner Protest Ballots for City-Owned Property
Recommendation: Adopt a Resolution authorizing the City Manager to vote "yes" on the Proposition 218 Property Owner Protest Ballots for the

Feather River West Levee Financing Authority's (FRWLFA) Operations and Maintenance Assessment for City-owned
property

11. East Sanborn Estates Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the East Sanborn Estates
Subdivision Agreement with Interwest Homes Corp., and
authorizing the Subdivider to file a Notice of Completion (Subdivision is located north of Jodi Drive, east of Sanborn Road, and south of La Rabyn Way)

12. Hooper Ranch Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Hooper Ranch Estates
Subdivision Agreement with Riverland Homes, Inc., and
authorizing the Subdivider to file a Notice of Completion. (Subdivision is located north of Monroe Road, west of Hooper Road, and south of Jefferson Avenue)

13. Domain Estates Phase 3 (Annexation #2 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Domain Estates Phase 3, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

14. Faith Court Subdivision (Annexation #1 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Faith Court Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

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

16. Title VI Implementation Plan Adoption
Recommendation: Adopt a Resolution which adopts the Title VI Implementation Plan, designates the Public Works Director as the Title VI Coordinator, and authorizes the Public Works Director to execute all necessary documents associated with the Plan

17. SB 1383 Recycled-Content Paper Procurement Policy
Recommendation: Establish an internal City policy for the procurement of recycled-content paper and paper products and necessary

recordkeeping in accordance with Senate Bill 1383

18. FB 22-07 Chevrolet Tahoe Police Pursuit Purchase
Recommendation: A. Adopt a Resolution awarding the purchase of one (1) additional 2WD Chevrolet Tahoe Police Pursuit vehicle to Wheeler Chevrolet of Yuba City, CA in the amount of
$42,613.07 (includes extended warranty), based on the Formal Bid (FB22-07) awarded pricing, and sole source the equipment purchase and installation to Cop Shop Installations of Yuba City, CA in the estimated amount of $9,465.15
B. Authorize the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the purchase of one (1) Chevrolet Tahoe Police Pursuit Vehicle in the amount of $52,078.22

19. General Municipal Election November 8, 2022
Recommendation: A. Adopt a Resolution calling and giving notice of the General Municipal Election to be held on Tuesday, November 8, 2022 for the election of three members of the City Council, and authorizing the Mayor to enter into an agreement for election services with Sutter County
B. Adopt Resolution calling a special municipal election for ballot measures changing the offices of City Clerk and City Treasurer to appointed positions at the Statewide General Election to be held on November 8, 2022, and requesting Sutter County consolidate the election with the Statewide General Election

20. Approve Tenant Commissioner Appointment to the Regional Housing Authority Recommendation: Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners
Business Items

21. Community Sponsorship Request
Recommendation: A. Adopt a Resolution to approve a monetary Sponsorship request from the Downtown Business Association of
$10,500.00 for the sponsorship of the 2022 Summer Stroll B. Approve an In-Kind sponsorship request from the Downtown Business Association of $1,900.00 for Public Works Services C. Authorize the Finance Director to record a supplemental appropriation in the amount of $6,000.00 from Account No. 4120-66020 - Tourism

22. Certifying Need for CalPERS 180-Day Wait Period Exception for Lynn Haile to be appointed as– Extra Help Accounting Manager
Recommendation: Adopt a Resolution

A. Certifying the need for exception of the CalPERS 180-day wait period for Lynn Haile to be appointed as Extra HelpAccounting Manager B. Approving the employment agreement and appointing Lynn Haile as provided in the Resolution following approval by CalPERS

23. Two (2) Dump Truck Chassis and (1) Aerial Tree Truck Award Recommendation: A. Adopt a Resolution awarding the purchase of two (2) 10- yard dump trucks to PB Loader, of Fresno, CA, in the amount of $360,933.92 plus a 10% contingency of $33,119.08, and one (1) aerial tree truck to Terex Utilities, Inc., of Watertown, SD, in the amount of $250,504.90 plus a 10% contingency of
$23,357.10, all using Sourcewell contract pricing quotes and utilizing Section 9.8 of the Purchasing Policy finding it is in the best interest of the City

B. Appropriate $517,463.80 for the above purchases in the Vehicle Replacement Fund

24. Development Impact Fees – Ad Hoc Committee
Recommendation: Re-establish and designate two (2) Councilmembers to steer the Development Impact Fee Ad Hoc Committee for a period not to exceed one (1) year, unless additional action is taken by the Council

25. Barry Elementary School Waterline Extension Project (Plans & Specifications) Recommendation: A. Adopt a Resolution approving the plans and specifications for the Barry Elementary School Waterline Extension Project (15-06) and authorizing advertisement for bids on the project B. Adopt a Resolution designating and authorizing the Public Works Director to sign and enter into the Initial Drinking Water State Revolving Fund Construction Loan Funding Agreement, and any amendments made thereto, with the State Water
Resource Control Board for construction of the Barry
Elementary School Waterline Extension Project, subject to approval as to legal form by the City Attorney
C. Adopt a Resolution authorizing the City Manager to execute an Out of Agency Water Service Agreement with Yuba City Unified School District in accordance with Sutter County Local Agency Formation Commission (LAFCO) requirements and the terms of the State Funding Agreement, subject to review and approval as to legal form by the City Attorney

26. Mayor/Vice Mayor Rotation Policy Update to address By-District Elections Recommendation: Provide initial direction regarding updates to the Council’s current process for selecting the Mayor and Vice Mayor
positions given the City’s change to election of
Councilmembers by District

Future Agenda Items

27. Future Agenda Items
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- 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

28. City Manager's Report

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

Proclamation
of the City Council
Sutter Marine, Inc
50 Year Anniversary and Retirement
WHEREAS, Brian and Charlene Tahara are retiring and closing the Sutter Marine, Inc., after 50 years of service to the Yuba-Sutter Community; and
WHEREAS, the business began 50 years ago and Brian and Charlene have been running the business since 1984, marking 38 years of service at its location 380 Garden Highway; and WHEREAS, Brian enjoyed learning about his customers’ habits and interest over the years, and looked forward every year for the upcoming hunting and fishing seasons; and WHEREAS, Brian and Charlene Tahara are especially fond of the employees they’ve hired throughout the years. All of them are like their kids, they are family; and WHEREAS, Sutter Marine, Inc., not only serviced the Yuba Sutter area but they serviced people from all over Northern California. Customers from all over the State relied on Sutter Marine, Inc., for their boating and fishing needs; and
WHEREAS, Brian and Charlene faced many challenges in the marine business, especially during the droughts and during the COVID-19 pandemic. Sutter Marine Inc., stood the test of time delivering quality equipment, service and parts to the Northern California customer base.

Relationships with their customers was always a top priority; and WHEREAS, Sutter Marine, Inc., through Brian and his wife Charlene, contributed and donated to almost every non-profit and service organization throughout the Yuba Sutter community over the last 43 years.

NOW, THEREFORE, BE IT RESOLVED that I, Dave Shaw, Mayor of the City of Yuba City, and on behalf of the entire City Council of the City of Yuba City, do hereby honor Brian and Charlene Tahara and commend them for their 38-year career and 50-year Anniversary for Sutter Marine, Inc., and wish them much success and happiness on their well-deserved retirement.

Done on this 17th day of May 2022 at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
National Public Works Week
May 15-21, 2022
WHEREAS, the City of Yuba City Public Works Department is proud to create and maintain the vital infrastructure of the City, including construction and maintenance of transportation facilities, water treatment and supply, wastewater treatment and collection, and public facility development and stewardship; and
WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s infrastructure essential for our citizens; and
WHEREAS, the American Public Works Association established an annual commemoration of a National Public Works Week in 1960 to recognize, educate, and celebrate the role of Public Works in the community; and
WHEREAS, the 2022 APWA theme of “Ready and Resilient” recognizes that within every public works professional lies a superhero, who is ready to serve their community at a moment’s notice and overcome enumerable trials in the field; and
WHEREAS, each Public Works Department employee performs an essential role in the strength of the Department and the health and welfare of our City through their dedication to their industry and the lives that their work impacts.

NOW, THEREFORE, BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council of the City of Yuba City, do hereby proclaim the week of May 15-21, 2022 as Public Works Week, and ask that citizens and civic organizations alike acquaint themselves with the issues involved in providing public works services and recognize the contributions that the men and women of Public Works make in our daily lives.

Done this 17th day of May 2022, at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
Yuba City Police Department
National Police Week
May 15 - 21, 2022
WHEREAS, in 1962 President John F. Kennedy signed a proclamation designating May 15th as Peace Officers’ Memorial Day, an annual observance to honor the nation’s fallen law enforcement officers as “men and women of courage, judgement and dedication;” and WHEREAS, the calendar week in which it falls has been designated as National Police Week, a time of reflection and appreciation for the ultimate sacrifices made by the exceptionally dedicated men and women of law enforcement who were killed or disabled in the line of duty; and WHEREAS, it is important that all citizens understand the challenges, duties and responsibilities of their police department and that the members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deceptions and the weak against oppression or intimidation; and
WHEREAS, the City of Yuba City is grateful for the day-to-day heroism of our officers, both past and present, as well as their families, who have given so much of their lives in service to our community; and
NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City, on behalf of the entire Council and the citizens we serve, do hereby recognize and honor the men and women whose diligence and professionalism keep our city and citizens safe.

FURTHER, the City Council of the City of Yuba City wishes to honor all the police officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. May we always remember their tremendous sacrifice and the loved ones they left behind.

Done on this 17th day of May, 2022 in the City of Yuba City, County of Sutter, State of California.

Clint Knittle, Director of Sales will be presenting a demonstration on Open Counter.

Here is the link to their website – WEBSITE
OpenCounter
131 Dartmouth Street, 3rd Floor
Boston, MA 02116
800-216-7360
https://opencounter.com/

Sam Brannan Park
Community Services Presentation
will be presented at the Council
Meeting

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

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

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

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

Jackie Sillman, City Clerk
[email protected]

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of April 19, 2022
Recommendation: Approve minutes of April 19, 2022
Fiscal Impact: N/A
Attachments:

1. 04-19-2022 - 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 – APRIL 19, 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
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 No public comment received
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:03 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
Ciara Wakefield, City Clerk Administrator

City Attorney's Report on Closed Session Items
No reportable action was taken
Agenda Modifications/Approval of Agenda
Item 16 (60-Day Trial Program to Provide an Overnight Vehicle Parking Area for Homeless Individuals and Families) was moved to the first item of business Ceremonial Presentations

1. National Small Business Week Proclamation
Mayor Shaw presented a proclamation to Marni Sanders, Yuba-Sutter Chamber of Commerce CEO
Public Communication

2. Appearance of Interested Citizens
Sandra Dilday spoke
Michael Barrett spoke
Piara Johl spoke
Consent Calendar
Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:

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

4. Film Yuba Sutter Commission Committee
Adopt Resolution 22-042 appointing Councilman Harris to the Film Yuba Sutter Commission Committee

5. SACOG Fund Exchange Letter (Authorization to submit) Adopt Resolution 22-043 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 re-programmed to the Walton Avenue Complete Streets project

6. 2022 Residential Resurfacing Project (Plans & Specifications) Adopt Resolution 22-044 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 Adopt Resolution 22-045 amending the salary schedule and removing assignment

pay job class codes

8. FB 22-07 Chevrolet Tahoe Police Pursuit Purchase
A. Adopt Resolution 22-046 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 Adopt Resolution 22-047 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 The motion was passed with a unanimous vote
Business Items

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
John Buckland spoke
Jeff Helm spoke
Katy Gutierrez spoke
Dr. Jason Funk spoke
The Deputy City Clerk read aloud emails from the following:

Michael Dihel
Jennifer Jensen
Jessica Jackson
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:

Adopt Resolution 22-053 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 The motion was passed with a unanimous vote

10. Community Sponsorship Requests
Councilmember Boomgaarden recused himself
Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:

A. Adopt Resolution 22-048 to approve a monetary Sponsorship request from the Trauma Intervention Program of $5,000.00 for the support of survivors of emergencies and tragedies
The motion was passed with 4 votes (Boomgaarden recused) Councilmember Espindola recused herself
Margaret Fernandez spoke
Councilmember Boomgaarden moved and Vice-Mayor Kirchner seconded the motion to:

B. Adopt Resolution 22-049 to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement (AHA) of $1148.00 to advance Hispanic heritage in our local communities through community action, educational enhancement, and economic development
The motion was passed with 4 votes (Espindola recused)
Councilmember Espindola exited the meeting at 8:24 PM

11. An Ordinance Adopting an Equipment Use Policy per CA Assembly Bill No. 481 Councilmember Boomgaarden moved and Vice-Mayor Kirchner seconded the motion to:

Waive the reading and adopt Urgency Ordinance 007-22 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 The motion was passed with 4 votes

12. Fire Inspection Fee Schedule
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Harris moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 22-050 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 The motion was passed with 4 votes

13. Amendment to the 2019 Collection Services Franchise Agreement with Recology Yuba-Sutter
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:

Adopt Resolution 22-051 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
The motion was passed with 4 votes

14. Water Supply Outlook and Emergency Water Conservation Measures Councilmember Boomgaarden moved and Councilmember Harris seconded the motion to:

Adopt Resolution 22-052 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
The motion was passed with 4 votes

15. Presentation of Utility Billing Arrearages and Delinquencies Heather Esemann spoke
No action taken - 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
Action: 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.
[Item 16 was the first business item]
Future Agenda Items

17. Future Agenda Items
Sam Brannon Park Update
Reports and Communications

18. City Manager's Report

19. City Council Reports
- Councilmember Boomgaarden
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 9:24 PM

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

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 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 corrected 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 correct a typographical error in the April 19, 2022 Resolution authorizing removal of 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:

On April 19, 2022, City Council adopted a Resolution to remove assignment pay from the salary schedule. This Resolution has an incorrect job class number for Police Officer—FTO. 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 by 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.

Recommendation:

Adopt a corrected Resolution amending the salary schedule and removing assignment pay job class codes.

Alternatives:

1. Do not approve the salary schedule modifications, or

2. Direct staff to other alternatives.

Attachments:

1. Corrected 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, City staff brought this request before City Council on April 19, 2022 with an incorrect job class number for Police Officer – FTO, which was included in the adopted resolution and must be corrected; 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 2210 (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 17th day of May, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________
Shannon Chaffin, Esq.

Aleshire & Wynder, LLP

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Fire Management Memorandum of Understanding (MOU) Recommendation: Adopt a Resolution approving the Memorandum of Understanding with the Fire Management group
Fiscal Impact: None
Purpose:

To approve the Fire Management Memorandum of Understanding (MOU) that includes updated language in Article 14, Holidays. Article 14’s language has been expanded to include the actual holidays and holiday-in-lieu language.

Council's Strategic Goal:

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

Background:

The Fire Management MOU was approved by City Council on August 17, 2021. After the MOU’s initial approval, it was discovered that the holiday-in-lieu language was inadvertently omitted. Additionally, it was recommended by the Chief Negotiator to include the actual holidays in the MOU for CalPERs purposes. The previous City Manager directed Staff to implement the holiday-in-lieu language immediately as its omission was an administrative oversight and its absence resulted in a reduction in compensation for the Battalion Chiefs. The Chief Negotiator prepared an updated Article 14 with the actual holidays as well as the holiday-in-lieu language.

Analysis:

The Fire Management MOU with the updated Article 14, Holidays has been approved by Fire Management. City Council approved the substantive holiday-in-lieu pay benefit as part of the previous MOU negotiations. This proposed action is simply to correct an administrative oversight in the document preparation and to clarify the list of City holidays on which the in-lieu benefit is based.

The complete Memorandum of Understanding is attached.

Fiscal Impact:

None.

Alternatives:

Do not approve Fire Management Memorandum of Understanding (this will only impact Article 14, Holidays) and provide staff direction.

Recommendation:

Adopt a Resolution approving the Memorandum of Understanding with the Fire Management group.

Attachments:

1. 5-17-22 Fire Management MOU - Resolution

2. 5-17-22 Fire Management MOU
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

Attachment 1

RESOLUTION NO. 20-

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

THE FIRE MANAGEMENT MEMORANDUM OF UNDERSTANDING
JULY 3, 2021 – JUNE 30, 2024
WHEREAS, City staff and the Fire Management have negotiated a three year Memorandum of Understanding that was approved by City Council on August 17, 2021 and;
WHEREAS, the City and Fire Management agreed as part of those MOU negotiations to holiday-in-lieu pay at the unit employees’ straight time rate of pay for 5.09 hours per pay period in lieu of receiving any other form of holiday compensation; and WHEREAS, due to administrative error, this in-lieu pay benefit was inadvertently not included in the MOU presented for approval; and
WHEREAS, to further clarify the City holidays on which the in-lieu benefit is based, a list of City holidays has been recommended to be included; and WHEREAS, City staff has implemented the substantive provisions of this resolution, specifically holiday-in-lieu pay, at the direction of the previous City Manager to honor the City’s prior agreement and ensure that affected employees were not disadvantaged by the delay needed to correct the error in the document;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

The City ratifies its previous approval of holiday-in-lieu pay for the Fire Management unit, at the rate set forth below, and approves the attached Memorandum of Understanding which is updated with corrected language in Article 14, Holidays:

1. List of actual holidays that apply to fire suppression employees and forty-hour employees;

2. Holiday-in-lieu pay at their straight time rate of pay for 5.09 hours per pay period in lieu of receiving any other form of holiday compensation.

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 17 th day of May 2022.

AYES:

NOES:

ABSENT:
__________________
ATTEST: Dave Shaw, Mayor
______________________
Ciara Wakefield, Deputy City Clerk

Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 2

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Feather River West Levee Financing Authority Proposition 218 Property Owner Protest Ballots for City-Owned Property
Recommendation: Adopt a Resolution authorizing the City Manager to vote "yes" on the Proposition 218 Property Owner Protest Ballots for the Feather River West Levee Financing Authority's (FRWLFA) Operations and Maintenance Assessment for City-owned property
Fiscal Impact: Proposed annual assessment on City-owned property is $16,894.57.

Purpose:

To vote in favor of forming a Benefit Assessment District to fund the operations and maintenance, repair, replacement, and rehabilitation of the west Feather River levees.

Council's Strategic Goal:

This supports all of Council's goals: Public Safety, Infrastructure, Fiscal Responsibility, and Business Friendly as it is necessary to maintain the levees in good condition for the ongoing preservation of the City.

Background:

The Feather River West Levee Financing Authority (FRWLFA) was established in May 2020 by and between Levee District 1 (LD1), Levee District 9 (LD9), and Sutter County for the purpose of financing the Operations and Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) of the west Feather River levees, related facilities, and administration expenses within the jurisdictions of LD1, LD9 and State Maintenance Area 3 (MA3) in Sutter County. The FRWLFA Levees consist of twenty-seven (27) miles of the west Feather River levee improvements from Paseo Road in Live Oak south to the confluence of the Sutter Bypass, and protect properties throughout the Yuba City Basin.

With all of the work that the Sutter Butte Flood Control Agency has completed to improve the west Feather River levees, it is necessary to maintain the levees to meet strict state and federal requirements. In order to meet these rigorous requirements for maintenance, an estimated $2.14 million in annual funding is necessary. Currently, there is approximately a $1.3 million shortfall between

existing revenues and needed revenues. Therefore, FRWLFA proposes to form a Benefit Assessment District (District) to fund OMRR&R of the FRWLFA Levees under the provisions of the Benefits Assessment Act of 1982 (Govt. Code section 54703 et seq.)(1982 Act).

In accordance with the 1982 Act and substantive and procedural requirements of the California State Constitution Article XIIID (California Constitution) the formation of the District requires the preparation of an Engineer's Report that describes the parcels that will receive special benefit from the OMRR&R to be funded and details the basis of the proposed proportional special benefit assessments to be levied and collected annually on the County tax rolls.

On April 20, 2022 the FRWLFA Board approved the formation process including initiating proceedings (directing preparation and filing of an Engineer’s Report); declaring the FRWLFA Board’s intention to form a District and to levy and collect assessments; preliminarily approving the Engineer’s Report and Assessment Diagram which are to remain open for public inspection; setting the time and place for the public hearing and conducting a property owner protest ballot proceeding.

FRWLFA will mail a notice of the public hearing and ballot to the property owners of record within the District at least 45-days prior to the public hearing; conduct a public hearing providing for public testimony and written protests; upon closing of the public hearing returned ballots will be tabulated. Upon completion of the ballot tabulation, the Board will declare the results of the balloting, and, if no majority protest exists, the Board may approve the final Engineer’s Report, adopt a resolution to form the District, and authorize the levy and collection of assessments.

The adopted Resolution of Intention calls for a public hearing at a special FRWLFA Board Meeting on Wednesday, June 22, 2022, starting at 2:00 P.M. The hearing will be held in the Yuba City Council Chambers, 1201 Civic Center Boulevard, Yuba City, California. At the hearing, property owners in the proposed District will have an opportunity to present oral or written comments on the proposed District and assessments and to submit new or changed assessment ballots. The close of Public Hearing represents the conclusion of the acceptance of property owner protest ballots. After the close of the public hearing, the FRWLFA Board will direct the tabulation of the assessment ballots and at a FRWLFA Board meeting on June 29, 2022, the results of the assessment ballot proceeding will be announced, and, if there is no majority protest within the ballots received, the FRWLFA Board may consider final action regarding the formation of the District and levying of the special benefit assessment.

Analysis:

The City of Yuba City owns 131 properties within the proposed District. The total annual assessment for the properties is estimated to be $16,894.57 based on several factors including location, land use, acreage, structure size, structure contents, and the flood depth zone. Staff is requesting authorization for the City Manager to vote in favor of the Assessment by voting "yes" on the City's ballots.

Fiscal Impact:

The City's estimated annual cost for FY 22/23 is $16,894.57, broken down $758.17 Water Fund, $164.71 Wastewater Fund, and $15,971.69 General Fund. If approved, the Assessment will be adjusted annually each year, up to a maximum of 4%.

Alternatives:

Direct the City Manager to vote "no" on the City's ballots. If a majority protest is received, and LD1 and LD9 are no longer able to maintain the levees to meet the strict state and federal requirements, then the maintenance of the levees could transfer to the State. Costs, which will be passed on to property owners without a vote, may fluctuate unpredictably and be higher in the long term. The community will not have local levee districts to prioritize emergency response and flood fighting during high water

events.

Recommendation:

Adopt a Resolution authorizing the City Manager to vote "yes" on the Proposition 218 Property Owner Protest Ballots for the Feather River West Levee Financing Authority's Operations and Maintenance Assessment for City-owned property.

Attachments:

1. Attachment 1 - FRWLFA Reso

2. Attachment 2 - FAQ's

3. Attachment 3 - Sample Ballot
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 CITY MANAGER TO VOTE “YES” ON THE PROPOSITION 218

PROPERTY OWNER PROTEST BALLOTS FOR THE FEATHER RIVER WEST LEVEE FINANCING AUTHORITY’S OPERATIONS AND MAINTENANCE ASSESSMENT FOR CITYOWNED PROPERTY WHEREAS, the Feather River West Levee Financing Authority (FRWLFA) was established in May 2020 by and between Levee District 1 (LD1), Levee District 9 (LD9), and Sutter County for the purpose of financing the Operations and Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) of the west Feather River levees, related facilities, and administration expenses within the jurisdictions of LD1, LD9, and State Maintenance Area 3 (MA3) in Sutter County; and,
WHEREAS, with the recent levee improvements completed by Sutter Butte Flood Control Agency, it is necessary to maintain the levees to meet strict state and federal requirements in order to retain 200-year level of flood protection; and
WHEREAS, in order to meet the rigorous maintenance requirements, an estimated $2.14 million in annual funding is necessary and there is currently an approximate $1.3 million shortfall between existing revenues and needed revenues; and
WHEREAS, FRWLFA proposes to form a Benefit Assessment District (District) to fund OMRR&R of the FRWLFA Levees under the provisions of the Benefits Assessment Act of 1982; and WHEREAS, on April 20,2022, the FRWLFA Board approved the formation process for the District including initiating proceedings; declaring the FRWLFA Board’s intention to form a District and to levy and collect assessments; preliminarily approving the Engineer’s Report and Assessment Diagram, and setting the time and place for the public hearing and conducting a property owner protest ballot proceeding; and
WHEREAS, the City of Yuba City owns 131 properties within the proposed District; and WHEREAS, the City of Yuba City needs to submit a ballot for each of the City-owned properties; and
WHEREAS, a “yes” vote insures that the levees will continue to be maintained by LD1, LD9 and MA3, which provides for more local control of the maintenance activities; and WHEREAS, maintenance of the levees supports the City Council’s goals related to Public Safety, Infrastructure, Fiscal Responsibility, and Business Friendly.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City does hereby authorize the City Manager to vote “yes” on the Proposition 218 Property Owner Protest Ballots for the Feather River West Levee Financing Authority’s Operations and Maintenance Assessment for City-owned property.

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 17th day of May, 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

FEATHER RIVER WEST LEVEE

FINANCING AUTHORITY
Frequently
Asked
Questions
What’s the issue?
Recently repaired levees must be maintained to
strict state and federal requirements. Currently,
there is a $1.3 million shortfall between existing
and needed revenues to adequately fund levee
maintenance. These levees protect approximately
25,000 properties and 75,000 residents in Live Oak,
Yuba City, and unincorporated Sutter County, so
they must be properly operated and maintained
to reduce the potential for flooding.

What’s the solution?
A proposed Operations and Maintenance (O&M)
Assessment on properties that benefit from
the levees to help pay for ongoing O&M costs.

The proposed Assessment must be approved
by a majority vote of property owners through
the California Proposition 218 process.

Who is proposing the Assessment?
The Feather River West Levee Financing Authority
(FRWLFA), is a joint powers agency formed in 2020
by Levee District 1 (LD 1), Levee District 9 (LD 9)
and Sutter County with the agreement to work
together on long-term funding for levee O&M.

How are these levees managed?
The Levees are operated and maintained by LD 1,
LD 9, and State Maintenance Area 3 (MA 3).

Is this the same assessment voted
on in 2010?
No. That was an assessment needed to pay
for much needed levee repairs. The repaired
levees, completed in 2020, must now be properly
operated and maintained to keep our properties
and community protected and to comply with
strict state and federal regulations.

BACKGROUND
How is the $1.3 million funding gap calculated?
Total Required Funding: $1.9 Million
Existing Funding: $621,000 Funding Gap: $1.3 Million

What’s an Assessment?
An annual cost paid on each parcel of land that
receives a special benefit from a service. In this
case, the special benefit is the reduction in flood
damages that results from properly maintained
levees. Assessments are calculated for each
individual parcel using a variety of factors, like
land use type, parcel size, structure type and
size, and flood depths.

What does a proposed O&M
Assessment mean for you?
In May 2022, approximately 25,000 property
owners will receive ballots by mail and be asked
to vote on the proposed O&M Assessment. If
approved by property owners, the Assessment
will be collected annually on property tax bills
and used to pay for levee O&M. Assessment
revenues can’t be used for any other purpose.

What does a YES vote mean?
If property owners approve the Assessment, local
agencies will maintain control of our levee
maintenance and costs. Costs will be consistent,
predictable, and lower in the long term.

What does a NO vote mean?
If the Assessment is not approved by property
owners, levee districts will run out of money to
operate and maintain levees as required.

Once that occurs, the only option will be to turn
over levee operations and maintenance to the
State. Costs, which will be passed on to property
owners without a vote, will fluctuate unpredictably
and be higher in the long term. The community
will not have local levee districts to prioritize
emergency response and flood fighting
during high water events.

How was the Assessment amount
for each property calculated?
Assessments for each individual property are
based on factors that include location, land use,
acreage, structure size, structure contents,
and the flood depth zone.

Use the Assessment Calculator on frwlfa.org
to calculate your proposed Assessment.

If the proposed O&M Assessment
passes, how long will the cost apply?
Levee O&M is an ongoing responsibility, so the
proposed Assessment will continue as long
as the service is provided.

How will the Assessment keep up
with inflation?
The Assessment will be adjusted with the CPI,
but never exceed 4% a year.

ASSESSMENT
What happens to existing assessments/funding
if the proposed O&M Assessment passes?
District/Maintenance Area
LD 1
LD 9
Two existing O&M Assessments Replace existing with single new Assessment
A fraction of the 1% general
property tax collected
by Sutter County
New Assessment plus
fraction of 1% property tax
MA 3 An Assessment imposed
by the State of CA
O&M would be transferred* to
LD 1 and new Assessment would
replace existing Assessment
Current Funding If O&M Assessment passes
*Transfer occurs through a legal process that will be concluded if the proposed Assessment passes

What are levee districts, and what
do they do?
These are agencies that provide a public safety
service by operating and maintaining levees and
associated facilities. Their budget is designed to
cover costs of services, provide a modest reserve
for planned and unplanned capital costs, staffing
(3 people for 27 miles of levee), fixed costs, and
comply with a long list of state and federal O&M
requirements. See a comprehensive list of O&M
requirements at www.frwlfa.org.

What’s being done on the
Sutter Bypass?
The Sutter Butte Flood Control Agency and the
State are coordinating on improvements to the
Sutter Bypass and other flood control facilities
over time. Effective long-term O&M remains a
priority to protect the $380M investment in the
recently rehabilitated Feather River west levee,
which provides flood protection to properties
in the south Yuba City Basin.

What’s the Proposition 218 process?
Owners of properties within the proposed
Assessment district will receive a mail-in ballot
at the end of April. Votes are weighted by the
dollar amount of the proposed Assessment
(e.g., $1 = 1 vote). The ballots must be returned
by June 22. If the proposed Assessment is
approved by property owners, it may then
be adopted by the FRWLFA Board. The benefits
and associated Assessment amounts are
determined through an Engineer’s Report.

What’s an Engineer’s Report?
An Engineer’s Report, as mandated by California
law, provides the technical analysis to support
a proposed Assessment district. The Engineer’s
Report quantifies the proportionate “special
benefit” that each parcel in the proposed
Assessment district will receive from the service
provided — in this case, the O &M of improved
levees and flood control facilities associated
with the Feather River West Levee system.

The Engineer’s Report is available on
www.frwlfa.org

LEVEE DISTRICTS
CA PROPOSITION 218

What are the boundaries of the proposed Assessment District?

MORE INFORMATION
800.401.8302 [email protected] frwlfa.org

ATTACHMENT 3

OFFICIAL ASSESSMENT BALLOT
Feather River West Levee Financing Authority (“FRWLFA”) FRWLFA Operations and Maintenance Assessment District
This Ballot is for the property designated as Assessor’s Parcel Numbers: 20-030-012 This is your official property owner assessment ballot for the proposed levy of new assessments for the FRWLFA Operations and Maintenance Assessment District (“District”) to fund the ongoing special benefit expenses associated with the Operation, Maintenance, Repair, Rehabilitation, and Replacement (“OMRR&R”) program associated with the west Feather River levees as described in the accompanying Notice and described more fully in the Engineer’s Report, which is on file with the FRWLFA Board Clerk. This balloting process was initiated on April 20, 2022 and approved by the Board of Directors.

CITY OF YUBA CITY
1201 CIVIC CENTER BLVD
YUBA CITY, CA, 95993
To complete your ballot, mark an (X) in the voting square next to the word “YES” or next to the word “NO” below, sign and date the ballot, and return the entire ballot to the FRWLFA Board Clerk. If you wrongly mark, tear, or deface this ballot, return it to the FRWLFA Board Clerk with a request for a replacement ballot. All completed ballots must be received by the FRWLFA Board Clerk no later than the close of testimony at the public hearing scheduled for June 22, 2022. BALLOT
Assessor’s Parcel Number: 20-030-012
Proposed Balloted Maximum Assessment Rate: $0.00050445 per FDRB Your Parcels Balloted Maximum Assessment Amount: $ 1,213.49 This is an annual assessment that is collected as part of your County property tax bill.

The amount assessed each fiscal year shall be based on the net expenses to be assessed, but the assessments may not exceed the Proposed New Maximum Assessment Rate shown above plus the annual inflation adjustment without the approval of the property owners.  YES — IN FAVOR OF THE ASSESSMENT proposed for
the District and the new assessment for my property
shown above including the annual inflation adjustment
equal to the lesser of 4% or the annual percentage
increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the San Francisco-OaklandHayward, California area. *0200300121*
 NO — OPPOSED TO THE ASSESSMENT proposed for
the District and the new assessment for my property
shown above including the annual inflation adjustment
equal to the lesser of 4% or the annual percentage
increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the San Francisco-OaklandHayward, California area. *0200300120*
I hereby declare, under penalty of perjury, that I am the record owner of the property (Assessor’s Parcel Number) identified on this ballot or I am the authorized representative of that record owner.

Signed ___________________________________________________ Date _________________ Please see the back of this sheet for information about your assessment ballot and instructions for completion and delivery of the assessment ballot.

INFORMATION ABOUT YOUR ASSESSMENT BALLOT AND

INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT Feather River West Levee Financing Authority
(“FRWLFA”)
FRWLFA Operations and Maintenance Assessment District
To Cast Your Ballot: Prior to the public hearing, completed ballots may be mailed to the FRWLFA Board Clerk at the address indicated below or personally delivered to the Levee District 1 Office located at 243 Second Street, Yuba City California, Monday through Friday between 8 AM and 5 PM. A return envelope has been provided for your convenience that is addressed to the FRWLFA Board Clerk. You may also personally present completed ballots to the FRWLFA Board Clerk at the public hearing on June 22, 2022, at the Yuba City Council Chambers at 1201 Civic Center Boulevard, Yuba City, California. If you return your ballot by mail, please be sure to allow time for mail delivery. The FRWLFA Board Clerk must receive all ballots no later than the end of the public testimony portion of the public hearing on June 22, 2022. If you damage or misplace your ballot, a replacement ballot can be obtained by calling the FRWLFA Hotline at (800) 401-8302 or emailing [email protected].

All submitted ballots must be clearly marked to indicate either “Yes — In Favor of assessment” or “No — Opposed to the assessment” and signed; otherwise, the ballot will be rejected and not counted. To ensure the privacy of your ballot prior to the ballot tabulation, please return your ballot in the envelope provided, or in a sealed envelope that indicates that a ballot is enclosed by noting on the front of the envelope “Assessment Ballot, Do Not Open”.

A ballot previously submitted may be withdrawn at any time prior to the close of the public hearing by request to the FRWLFA Board Clerk by the person(s) that signed the submitted ballot. An assessment ballot may be changed at any time prior to the end of the public hearing by requesting a withdrawal of the previous ballot and requesting a replacement ballot. Only the person(s) signing the ballot may make such a request. The replacement ballot must be received by the FRWLFA Board Clerk prior to the deadline set forth herein.

If you have questions: Should you have any questions prior to the public hearing, please leave a message on the FRWLFA Hotline at (800) 401-8302 or email [email protected], and FRWLFA staff will respond promptly.

Feather River West Levee Financing Authority
Attn: FRWLFA Board Clerk
P.O. Box M
Yuba City, CA 95991
How to cast your ballot:

1. 
Check
Yes or No

2. 
Sign and
date it

3. 
Return to the FRWLFA Board Clerk on or before the
Public Hearing on, June 22, 2022, in accordance with the deadlines referenced above
Completed ballots MUST be received by the FRWLFA Board
Clerk no later than the close of the public testimony portion of the public hearing, which is scheduled to begin on
Wednesday, June 22nd at 2:00 p.m., in the Yuba City Council Chambers, located at 1201 Civic Center Boulevard, Yuba City, California

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: East Sanborn Estates Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the East Sanborn Estates Subdivision Agreement with Interwest Homes Corp., and authorizing the Subdivider to file a Notice of Completion (Subdivision is located north of Jodi Drive, east of Sanborn Road, and south of La Rabyn Way) Fiscal Impact: City will become responsible for maintenance costs of the public improvements Purpose:

To accept the Infrastructure improvements associated with the East Sanborn Estates Development for public use and initiate the one (1) year warranty period.

Council’s Strategic Goal:

Acceptance of these improvements coordinates with the Council Strategic Goal related to Infrastructure. The action is necessary to comply with the Development Subdivision Agreement and transfer the private development to public infrastructure.

Background:

On March 16, 2021, Council authorized Resolution No. 21-026 to execute a Subdivision Agreement with the Subdivider, Interwest Homes Corp., regarding the development of the East Sanborn Estates Subdivision (SM 20-04) (Attachment 2). Per the agreement, the Subdivider was to construct the determined improvements and, upon completion, dedicate and offer the improvements to the City to constitute public improvements.

Analysis:

The East Sanborn Estates Subdivision street and related improvements have been constructed to the satisfaction of the City. At this time, the Subdivider is requesting acceptance of the improvements so that the one (1) year warranty period can begin. All of the required improvements within the subdivision have been constructed in conformance with the approved plans and specifications, with the exception of pavement grading issues in small areas and adjustment of certain utility lids. With the acceptance, the Subdivider will provide security for the guarantee and warranty of the work in the amount of 10% of

the cost of the improvements, which equates to $34,000. This amount is sufficient to correct the pavement grading issues and utility lid adjustments.

Fiscal Impact:

With the acceptance of the improvements, the City will become responsible for the maintenance of the public improvements, including the water, sewer, storm-drain lines, streets, streetlights, and landscaping. Residents within the subdivision will participate in Lighting and Landscape Maintenance District No. 5J_5, which will pay for the proportional share of the maintenance of the streetlights and landscaping. Maintenance costs for the water and sewer lines will come from the Water Enterprise and Sewer Enterprise funds, respectively, and maintenance of the streets and storm drains will be funded with road funds and the established Community Facilities District for the subdivision.

Alternatives:

Delay acceptance until pavement grades are corrected and/or utility lids are adjusted.

Recommendation:

Adopt a Resolution accepting certain street and related improvements pursuant to the East Sanborn Estates Subdivision Map Agreement with Interwest Homes Corp., and authorizing the Subdivider to file a Notice of Completion. .

Attachments:

1. Resolution - East Sanborn Estates Subdivision (Acceptance of Public Improvements)

2. East Sanborn Estates Map
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director - Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ACCEPTING CERTAIN STREET AND RELATED IMPROVEMENTS

PURSUANT TO THE EAST SANBORN ESTATES SUBDIVISION
AGREEMENT DATED MARCH 16, 2021, BETWEEN THE CITY OF YUBA CITY AND INTERWEST HOMES CORP., AND DIRECTING THE SUBDIVIDER TO FILE THE NOTICE OF COMPLETION.

WHEREAS, the City of Yuba City (City) has heretofore contracted with Interwest Homes Corp for certain work pursuant to that East Sanborn Estates Subdivision Agreement dated March 16, 2021, between the City of Yuba City and Interwest Homes Corp. as a condition of approval for Subdivision Map No. 20-04; and
WHEREAS, said work of improvements called for by said Agreement for street and related improvements was completed to the satisfaction of the City, and a maintenance bond insuring the work of improvements from a maintenance standpoint for a period of one (1) year from and after completion has been provided.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Yuba City hereby accepts the work performed on those certain improvements, the subject of the Subdivision Agreement between the City of Yuba City and Interwest Homes Corp., and authorizes and directs the Subdivider to execute and record a Notice of Completion in connection with said work of improvement.

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 17th day of May, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

S
A
N
B
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N
R
D

AL CI AI D
R
YO
LA
N
D
A
D
R
B
AY
D
R
JO
H
NATHAN
D
R

PEBBLE BEACH DR
RAJ CT
JO
DI D
R

AUGUSTA LN

AARON DR
B
AY
C
T

SOFIA DR
S
P
Y
GLA
S
S
D
R

MORGAN WAY

TRACY DR

LA RABYN WAY

HARBOR TOWN DR

PINEHURST DR

SUNRISE CT
JO
DI D
R
East Sanborn Estates
Tentative Subdivision Map 20-04
Project Site
1 inch = 300 feet

EXHIBIT C

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Hooper Ranch Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Hooper Ranch Estates Subdivision Agreement with Riverland Homes, Inc., and authorizing the Subdivider to file a Notice of Completion. (Subdivision is located north of Monroe Road, west of Hooper Road, and south of Jefferson Avenue)
Fiscal Impact: City will become responsible for maintenance costs of the public improvements Purpose:

To accept the infrastructure improvements associated with the Hooper Ranch Estates Development for public use and initiate the one (1) year warranty period.

Council’s Strategic Goal:

Acceptance of these improvements coordinates with the Council Strategic Goal related to infrastructure. The action is necessary to comply with the Development Subdivision Agreement and transfer the private development to public infrastructure.

Background:

On June 15, 2021, Council authorized Resolution No. 21-082 to execute a Subdivision Agreement with the Subdivider, Riverland Homes, Inc., regarding the development of the Hooper Ranch Estates Subdivision (SM 20-03) (Attachment 2). Per the agreement, the Subdivider was to construct the determined improvements and, upon completion, dedicate and offer the improvements to the City to constitute public improvements.

Analysis:

The Hooper Ranch Estates Subdivision street and related improvements have been constructed to the satisfaction of the City. At this time, the Subdivider is requesting acceptance of the improvements so that the one (1) year warranty period can begin. All of the required improvements within the subdivision have been constructed in conformance with the approved plans and specifications. With the acceptance, the Subdivider will provide security for the guarantee and warranty of the work in the

amount of 10% of the cost of the improvements, which equates to $148,617.70.

Fiscal Impact:

With the acceptance of the improvements, the City will become responsible for the maintenance of the public improvements, including the water, sewer, storm-drain lines, streets, streetlights, and landscaping. Residents within the subdivision will participate in Lighting and Landscape Maintenance District No. 5C_10, which will pay for the proportional share of the maintenance of the streetlights and landscaping. Maintenance costs for the water and sewer lines will come from the Water Enterprise and Sewer Enterprise funds, respectively, and maintenance of the streets and storm drains will be funded with road funds and the established Community Facilities District for the subdivision.

Alternatives:

There is no reasonable alternative to the recommended action.

Recommendation:

Adopt a Resolution accepting certain street and related improvements pursuant to the Hooper Ranch Estates Subdivision Map Agreement with Riverland Homes, Inc., and authorizing the Subdivider to file a Notice of Completion. (Subdivision is located north of Monroe Road, west of Hooper Road, and south of Jefferson Avenue).

Attachments:

1. Resolution - Hooper Ranch Estates Subdivision (Acceptance of Public Improvements)

2. Hooper Ranch Estates Map
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ACCEPTING CERTAIN STREET AND RELATED IMPROVEMENTS

PURSUANT TO THE HOOPER RANCH ESTATES SUBDIVISION
AGREEMENT DATED JUNE 15, 2021, BETWEEN THE CITY OF YUBA CITY AND RIVERLAND HOMES, INC., AND DIRECTING THE SUBDIVIDER TO FILE THE NOTICE OF COMPLETION.

WHEREAS, the City of Yuba City (City) has heretofore contracted with Riverland Homes, Inc. for certain work pursuant to that Hooper Ranch Estates Subdivision Agreement dated June 15, 2021, between the City of Yuba City and Riverland Homes, Inc. as a condition of approval for Subdivision Map No. 20-03; and
WHEREAS, said work of improvements called for by said Agreement for street and related improvements was completed to the satisfaction of the City, and a maintenance bond insuring the work of improvements from a maintenance standpoint for a period of one (1) year from and after completion has been provided.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Yuba City hereby accepts the work performed on those certain improvements, the subject of the Subdivision Agreement between the City of Yuba City and Riverland Homes, Inc., and authorizes and directs the Subdivider to execute and record a Notice of Completion in connection with said work of improvement.

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 17th day of May, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

H
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JEFFERSON AVE

MONROE RD

KENNEDY DR

SAN NICCOLO DR
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M
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WAY
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TIERRA BUENA RD

BILLIE ANN DR
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SAN GIMIGNANO DR
KYLIE
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Figure 1: Hooper Ranch Estates Phase 2
Tentative Subdivision Map 20-03
Project Site
1 inch = 300 feet

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Domain Estates Phase 3 (Annexation #2 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Domain Estates Phase 3, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
Fiscal Impact: This CFD will provide $485.80 per single family unit, with provisions for inflation factor increases
Purpose:

To ensure new residential development pays for its impact on City services through a Community Facilities District (CFD).

Council’s Strategic Goals:

This item addresses the City Council’s Strategic Goal of operating government in a fiscally responsible and responsive manner.

Background:

The City's adopted Policy and Conditions of Approval for new residential development include a requirement that the development pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. On January 27, 2021, the Planning Commission approved Tentative Map SM 20-05, Domain Estates Phase 3, to subdivide a 4.11-acre parcel into 13 single family residential parcels located west of Blevin Road, and north of Janice Way. Planning Commission Condition of Approval No. 27 contains the requirement to pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.

The Mello-Roos Community Facilities Act of 1982 (Act) provides a mechanism for cities to form CFDs in order to finance the provision of certain municipal services. The types of services that may be provided by a CFD are as follows:

1. Police

2. Fire

3. Recreation and Library

4. Maintenance of parks, parkways and open space

5. Maintenance of Roadways

6. Flood and storm protection services

7. Hazardous substance removal or remediation
On May 18, 2021, Council adopted Resolution 21-047 establishing policies related to CFDs for services. At this same meeting, Council adopted Resolution 21-048 stating its intention to establish City of Yuba City Community Facilities District 2021-1 (Municipal Services) (CFD 2021-1), authorize the levy of a special tax within the district, and authorize the annexation of future territory into the future annexation area by unanimous written approval.

On July 6, 2021, Council voted the Initial Property (Dunn Ranch Estates – Unit 1 Subdivision at the southeast corner of Royo Ranchero Drive and Monroe Drive) to be part of CFD 2021-1 and subject to the special taxes therein. Council also voted to include a Future Annexation Area. The Future Annexation Area consists of several undeveloped, residential zoned properties generally in the western and southern Yuba City Urbanized Area. The Future Annexation Area allows new property owners to annex to the district by unanimous written consent, which streamlines the CFD annexation process.

Analysis:

The Developer of Domain Estates Phase 3 has executed an Unanimous Approval of Annexation to a Community Facilities District (CFD 2021-1) to satisfy this condition. Domain Estates Phase 3 will be the second property to annex to CFD 2021-1 (Annexation No. 2), and will be subject to the special taxes therein.

In Resolution 21-048, Council directed the preparation of the Report for CFD 2021-1 to show the services to be provided in CFD 2021-1. The Hearing Report for CFD 2021-1 follows the same methodology used in the formation of CFD 2017-1, which initially established a maximum levy of $425 annually per single family residential unit with an escalation factor equal to the percentage escalation of the City’s combined Police and Fire Department budgets, up to a maximum escalation of 4 percent.

The current levy in fiscal year 2021/22 is $485.80 annually per single family residential unit and $354.35 annually per multi-family residential unit, which will be subject to future escalation in accordance with the rate and method of apportionment of the special tax.

A Notice of Special Tax Lien is to be recorded concurrently with the boundary map (Annexation No. 2 – Domain Estates Phase 3) in the Office of the County Recorder for the County of Sutter, State of California. The lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax within the area of Annexation No. 2 (Domain Estates Phase 3).

Fiscal Impact:

A total of 13 residential parcels are contained in Domain Estates Phase 3 resulting in a total current annual levy of $6,315.40, based on fiscal year 2021/22 rates.

The developer is responsible for covering the costs of annexing to the CFD.

Alternatives:

Do not adopt a Resolution annexing Domain Estates Phase 3 into CFD No. 2021-1 to fund Municipal Services, and direct staff on other acceptable means of assuring this development contributes its fair share of impact to services.

Recommendation:

Adopt a Resolution annexing a certain area, Domain Estates Phase 3, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter.

Attachments:

1. Resolution - Domain Estates Phase 3 (Annexation #1 of property in CFD 2021-1)

2. First Amendment to Notice of Special Tax Lien - Domain Estates Phase 3 (Annexation #1 of property in CFD 2021-1)
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

1 ATTACHMENT 1

2 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YUBA CITY IN ITS CAPACITY AS THE LEGISLATIVE BODY

OF THE CITY OF YUBA CITY COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) APPROVING
ANNEXATION NO. 2 (DOMAIN ESTATES PHASE 3) TO SAID

DISTRICT RELATING TO THE PROPERTY LOCATED WEST

OF BLEVIN ROAD, AND NORTH OF JANICE WAY WITHIN THE

FUTURE ANNEXATION AREA
WHEREAS, on May 18, 2021, this City Council adopted a resolution entitled “A Resolution Of The City Council Of The City Of Yuba City Declaring Its Intention To Establish Yuba City Community Facilities District No. 2021-1 (Municipal Services), To Authorize The Levy Of A Special Tax Therein To Finance Certain Services And To Authorize The Annexation Of Future Territory In The Future Annexation Area To The District By Unanimous Written Approval” (the “Resolution of Intention”), stating its intention to form Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) and a future annexation area to the CFD (“Future Annexation Area”); WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD and Future Annexation Area, services to be financed by the CFD (“Services”) and Future Annexation Area, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, the Resolution of Intention set July 6, 2021, as the date for the joint public hearing on the establishment of the CFD, the extent of the CFD, the Future Annexation Area, the furnishing of the Services within the CFD, and the proposed Rate and Method; WHEREAS, a notice of the public hearing to be held on July 6, 2021 was published in accordance with the Act;
WHEREAS, on July 6, 2021, this Council held noticed joint public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD and the Future Annexation Area;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method and the Future Annexation Area were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “Hearing Report”) as to the Services to be provided through the CFD and the costs;
WHEREAS, following the close of the hearing, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing

3 within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, following the close of the hearing, written protests with respect to the Future Annexation Area, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or Future Annexation Area or property owners of one-half (1/2) or more of the area of land within the CFD or Future Annexation Area and not exempt from the proposed special taxes; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-094, which is on file with the City Clerk and incorporated herein by this reference, that ordered the formation of the CFD and Future Annexation Area, defined the public services (the “Services”) to be provided by the CFD, authorized the levy of a special tax on property within the CFD, preliminarily established an appropriations limit for the CFD, and approved future qualifying projects the ability to voluntarily annex into the Future Annexation Area by unanimous approval of the property owners, all pursuant to the Act; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-095 that called a special election for July 6, 2021, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD were submitted to the qualified electors within the CFD; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-096, that declared the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were in favor of the issue presented, and such measure passed; and WHEREAS, on July 12, 2021 a notice of special tax lien was recorded with the Office of the County Recorder of the County of Sutter, as Document No. 2021-0012518 the “Notice of Special Tax Lien”), thereby giving notice that the lien to secure payment of the special tax was imposed on the land in the CFD; and
WHEREAS, the owner (the “Property Owner”) of the parcels listed in Exhibit A hereto and incorporated herein by this reference, located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for the Services financed by the CFD; and
WHEREAS, pursuant to the Act, the Property Owner has executed a unanimous approval, attached hereto as Exhibit B and incorporated herein by this reference (the “Unanimous Approval”), constituting the Property Owner’s unanimous approval and unanimous vote in favor of the annexation of the Property to the CFD and the levy of special taxes on the Property; and
WHEREAS, the City Council now wishes to approve this Annexation No. 2 of the Property pursuant to the simplified process for annexations under Sections 53328.1, 53339.7 and/or 53339.8 of the Act and add Annexation No. 2 (Domain Estates Phase 3) as part of the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, ACTING AS

LEGISLATIVE BODY OF THE CITY OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) DOES HEREBY RESOLVE AS FOLLOWS:

4 1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.

2. Unanimous Approval. The City Council hereby receives and files the Unanimous Approval as Annexation No. 2 (Domain Estates Phase 3) to the CFD, and hereby further authorizes and directs the officers of the City to do any and all things to execute and delivery all documents they may deem necessary or advisable in order to consummate the transaction described herein and to effectuate the purpose of this Resolution.

3. Approval of Annexation. The City Council hereby determines that the Property is added to and part of the CFD with full effect and the City Council approves and confirms the Rate and Method of Apportionment of the Special Tax attached to the Unanimous Approval this reference incorporated herein. The City Council hereby finds that the Property Owner’s unanimous written approval is equivalent to an election pursuant to Government Code Section 53339.7(a) of the Act. The Property is added to and part of the existing CFD with full legal effect, and the City Council shall levy any special tax within the annexed territory as specified in the Ordinance No. 005-021 adopted with respect to the CFD pursuant to Government Code Section 53340, any resolution related thereto and, as specified in the Resolution of Intention, and as specified in any other Ordinance, if any, adopted pursuant to Government Code Section 53340.

4. Consolidation of Annexed Map. The City Council hereby determines that the territory described in Exhibit C hereto, and further defined in the map entitled “Annexation Map No. 2 (Domain Estates Phase 3) of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services), City of Yuba City, County of Sutter, State of California” which is on file with the City Clerk, is added to and part of the CFD with full effect. The City Clerk is hereby authorized and directed to endorse the certificates set forth on the map and to record the map in accordance with the provisions of Sections 3111, 3113 and 3113.5 of the Streets and Highways Code of the State of California.

5. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act in connection with the formation, voluntary annexation area and annexation of territory to the CFD, including this Annexation No. 2 (Domain Estates Phase 3), were and are valid and in conformity with the Act.

6. Amendment to Notice of Special Tax Lien. The City Clerk, or designee, is hereby directed to complete, execute and cause to be recorded in the office of County Recorder of the County of Sutter, an amendment to the Notice of Special Tax Lien, in accordance with the provisions of Sections 3114.5 and 3117.5 of California Streets and Highways Code of the State of California within fifteen (15) days of the adoption of this Resolution, evidencing that the Property is added to the CFD.

7. Effective Date. The City Clerk shall certify the adoption of this Resolution. This Resolution shall take effect upon its adoption.

5 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

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

A. Assessor parcel Numbers and Owners of Land
B. Unanimous Approval
a) Exhibit A – Description of Services
b) Exhibit B – Annexation No. 2, Rate and Method of Apportionment c) Exhibit C – Annexation Map No. 2 of Domain Estates Phase 3

EXHIBIT A

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 2 (DOMAIN ESTATES PHASE 3)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor Parcel No(s) Name of Property Owner
59-530-027 Crowne Communities Domain Estates LLC
That will become 13 lots with assessor parcel numbers
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC
59-620-XXX Crowne Communities Domain Estates LLC

EXHIBIT B

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 2 (DOMAIN ESTATES PHASE 3)

UNANIMOUS APPROVAL

Annexation No. 2 (Domain Estates Phase 3)
UNANIMOUS APPROVAL
of Annexation to a Community Facilities District and Related Matters City of Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
Annexation No. 2 (Domain Estates Phase 3)
To the Honorable City Council
City of Yuba City, as legislative body of
Community Facilities District No. 2021‐1
(Municipal Services)
1201 Civic Center Boulevard,
Yuba City, California 95993
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of Crowne Communities Domain  Estates  LLC,  the  record  owner(s)  (the  “Property Owner”) of  the  fee  title  to  the  real  property identified below (the “Property”) contemplated by Sections  53328.1 and/or 53339.3 et seq. of the Mello‐ Roos Community Facilities Act of 1982, as amended (the “Act”), to the annexation of the Property to the "City of Yuba City Community Facilities District No. 2021‐1 (Municipal Services)” (the “CFD”) and approval of the special taxes to be levied against the Property, and the undersigned hereby states, certifies, agrees and declares under penalty of perjury, as follows:

1.  Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.  No parties are residing on the Property and therefore there are no registered voters on the Property.

2.  Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services, which are incorporated herein by this reference (the “Services”) described in Exhibit A hereto and made a part hereof. In such connection Property Owner has reviewed  the  list  of  the  Services  and  hereby  agrees,  consents  and  approves  to  the  Services  and  the Annexation of the Property to the CFD for the benefit of the City and the CFD.

3.  Approval  of  Special  Tax  and  the  Services.  This  Unanimous  Approval  constitutes  the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services. The Special Taxes will be levied according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the "Rate and Method").  In such connection property owner consents and approves of the Rate and Method and understands that such taxes shall be levied against the Property.

4.  Approval  of  the  Appropriations  Limit.  This  Unanimous  Approval  constitutes  the unanimous  approval  and  unanimous  vote  by  the  Property  Owner  in favor  of  the  appropriations  limit

Annexation No. 2 (Domain Estates Phase 3)
established for the CFD. The Property Owner hereby approves, consents and agrees to the appropriations limit  for  the CFD of $1,700,000, pursuant  to Article XIIIB of  the California Constitution, as adjusted  for changes in the cost of living and changes in the population.

5.  Waivers and Vote. Resolution No. 21‐048 adopted by the City Council on May 18, 2021 and Resolution No. 21‐094 adopted by the City Council on July 6, 2021 and Sections 53328.1 and 53339.3 of  the  Act  provide  an  alternate  and  independent  procedure  for  annexation  to  a  community  facilities district  that simplifies  the annexation process. Under such process,  the Property Owner acknowledges and agrees that by executing this Unanimous Approval, the Property Owner is voluntarily waiving any and all right to an election held in accordance with Sections 53326, 53327, 53327.5, 53328, 53339.7,  53339.8 and  other  relevant  provisions  of  the  Act.  The  Property  Owner  hereby  confirms  that  this  Unanimous Approval  constitutes  its  unanimous  approval  and  unanimous  vote  as  described  herein  and  as contemplated by Section 53339.3 et seq. of the Act and for purposes of the California Constitution Article XIII A and XIII C. In lieu of an approval by public hearing, ballot and election, if any, the Property Owner intends for this Unanimous Approval to constitute its ballot and election and waiver of a public hearing.

Further, the Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property in accordance with the rate and method of apportionment and the other matters covered in this Unanimous Approval.

6.  Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Sutter, State of California on July 12, 2021, as Document No. 2021‐0012518.

The Property Owner hereby understands and agrees, consents and approves to the City Clerk, or City designee, to execute and cause to be recorded in the office of the County Recorder of the County of Sutter an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

7.  Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous  Approval, any  votes,  consents  or waivers  contained  herein, and  other actions  for  the annexation of the Property to the CFD and the levy of special taxes within the area of the Property shall do not constitute events of default or delinquencies under any existing or proposed financing documents entered  into  or  to  be  entered  into  by  the  Property  Owner  for  the  Property,  including  any  “due‐on‐ encumbrance” clauses under any existing security instruments secured by the Property.

8.  Due Diligence and Disclosures. The Property Owner agrees  to cooperate with  the City and  its  attorneys  and  consultants  and  to  provide  all  information  and  disclosures  required  by  the  City and/or the Act about the Special Taxes to purchasers of the Property or any part of it.

9.  Agreements.  The  Property  Owner  further  agrees  to  execute  such  additional  or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.

10.  The  Property.  The  Property  is  identified  below,  and  such  Property  Owner  approves, consents and agrees that Property will be subject to the CFD upon recordation of the amendment to the

Annexation No. 2 (Domain Estates Phase 3)
Notice of Special Tax Lien. The Property is located in the Future Annexation Area of the CFD and the map is attached hereto as Exhibit C.

Assessor’s Parcel Number(s):

APN  Acreage  Anticipated Units  Property Owner
59‐530‐027  4.11  13
Crowne Communities
Domain Estates LLC
Acres: _4.11 _
By executing this Unanimous Approval, the Property Owner agrees, consents, declares and certifies to all of the above.

Annexation No. 2 (Domain Estates Phase 3)
Property Owner
By:  Crowne Communities Domain Estates LLC
By:

Name:  Kal Takhar
Title:

Notice Address
Crowne Communities Domain Estates LLC
319 Teegarden Avenue
Yuba City, California  95991

Annexation No. 2 (Domain Estates Phase 3)
EXHIBIT A
Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
DESCRIPTION OF SERVICES
The Services to be funded by the CFD include the following services and all incidental expenses related to such services, all of which are authorized by the Act:

PUBLIC SERVICES
(a)  Police protection services;
(b)  Fire protection and suppression services, ambulance and paramedic services; (c)  maintenance of parks, parkways, streets, roads, and open space; (d)  flood  and  storm  protection  services,  including  but  not  limited  to  the  maintenance  of storm drainage systems and sandstorm protection systems, (e)  Services with respect to the removal or remedial action for the cleanup of any hazardous substance  released  or  threatened  to  be  released  into  the  environment,  subject  to  the  limitations contained in Section 53313 of the Act;
(f)  Maintenance  and  operation  of  any  real  property    or  other  tangible  property  with  an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and (g)  costs  incurred  by  the  City  and  or  County  in  formation  of  the  district,  annexation  and annual contract administration.

In accordance with Section 53313 of the Act, the additional services may not supplant services available within the territory when the district was created or annexed.

The same types of services which are authorized to be financed by CFD No. 2021‐1 are the types of services to be provided in the Future Annexation Area, as properties are annexed.

The services include operational and maintenance costs associated with providing such services.

Annexation No. 2 (Domain Estates Phase 3)
EXHIBIT B
City of Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
RATE AND METHOD OF APPORTIONMENT
The Special Tax shall be levied in Annexation No. 2 (Domain Estates Phase 3) in accordance with the Rate and Method of Apportionment of Special Tax for City of Yuba City Community Facilities District No. 2021‐1 (Municipal Services) pursuant to the rate set forth in the attachment hereto.

01248.0008/694321.2 1 of 4

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.

01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.

01248.0008/694321.2 3 of 4

CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:

Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.

Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.

Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.

C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.

D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.

01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.

The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.

In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.

The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

G. TERM
The Special Tax shall be collected in perpetuity.

H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

EXHIBIT C

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION MAP NO. 2 OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1 DOMAIN ESTATES PHASE 3

Proposed Boundary Map of CFD No. 2021-1 Annexation No. 2 City of Yuba City, Sutter County, California BLEVIN
QUEENS

ELIZABETH
DOMAIN
TURIN

BRADLEY ESTATES
CALAIS

BUTTE HOUSE
SHAY

ESPLANADE
WARD
GENOA
DIJON
JANICE

EL VERANO
JAYNE

EL ENCINO
BETTY
AKERS

HERBERT

CORSICA EL CERRITO

ESPALNADE
HARTER

EL GRANERO

KENNETH

EL VERANDA
NADEAN

ESPLANADE
1 inch = 300 feet
.

Legend
Parcel subject to the CFD
Existing City Limit Boundaries
Domain Estates Phase 3

1 ATTACHMENT 2

2 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City of Yuba City
Attn: City Clerk
1201 Civic Center Boulevard
Yuba City, California 95993

FIRST AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 2 (Domain Estates Phase 3)
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code and Government Code Section 53311, et seq., the undersigned City Clerk of the City of Yuba City, acting on behalf of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), HEREBY GIVES NOTICE that a lien is hereby imposed on taxable property within the property described herein (“Annexation No. 2 (Domain Estates Phase 3), which has been annexed to the CFD to secure payment of a special tax (“Special Tax”) which the City Council of the City of Yuba City (the “City”), County of Sutter (the “County”), State of California, is authorized to annually levy for the following purpose of financing the following services:
(a) Police protection services;
(b) Fire protection and suppression services, ambulance and paramedic services;
(c) maintenance of parks, parkways, streets, roads, and open space; (d) flood and storm protection services, including but not limited to the maintenance of storm drainage systems and sandstorm protection systems, (e) Services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment, subject to the limitations contained in Section 53313 of the Act; (f) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and

3 (g) costs incurred by the City and or County in formation of the district, annexation and annual contract administration.

The services include operational and maintenance costs associated with providing such services.

The Special Tax is authorized to be levied within the CFD that has now been officially formed and includes Annexation No. 2 (Domain Estates Phase 3) and the lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax and which shall continue in force and effect until the special tax obligation is prepaid, if applicable, permanently satisfied, and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of Special Tax is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of the authorized special tax is as follows: The rate and method of apportionment of the authorized Special Tax is as shown in the Rate and Method of Apportionment set forth on Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”). The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, the CFD may utilize a direct billing procedure for any Special Taxes that cannot be collected on the County tax roll or may elect to collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: The Special Tax is levied perpetually as provided in the Rate and Method and there are no conditions upon which it may be prepaid.

Notice is further given that upon the recording of this notice in the Office of the County Recorder of Sutter County, the obligation to pay the Special Tax levy shall become a lien upon all non-exempt real property within the area of Annexation No. 2 (Domain Estates Phase 3) in accordance with Sections 3114.5, 3115.5 and 3117.5 of the Streets and Highways Code.

The (a) names of the owner(s) of the real property included within the annexed property to the CFD as they appear on the last secured assessment roll as of the date of recording of this Notice and (b) the Assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included within Annexation No. 2 (Domain Estates Phase 3) to the CFD and not exempt from the special tax, are as set forth on the attached, referenced and incorporated Exhibit B.

Reference is made to the boundary map of the Annexation No. 2 (Domain Estates Phase 3) to the CFD recorded concurrently herewith in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder

4 for the County of Sutter, State of California, which map is now the final boundary map of Annexation No. 2 (Domain Estates Phase 3) to the CFD. The Boundary Map of the original district is Recorded as Document No. 2021-0012517 in Book 3 of Assessment and Community Facilities Districts at Pages 93 through 96, in the Office of the County Recorder of the County of Sutter, State of California.

Reference hereby is made to the Amendment to Notice of Special Tax Lien to the CFD recorded as Document No. 2021-0012518 in the Records of the County Recorder of the County of Sutter.

For further information concerning the current and estimated tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Yuba City, City Hall, Finance Director, 1201 Civic Center Boulevard Yuba City, California 95993, telephone number (530) 822-4618.

Dated: As of May 17, 2022
By: _________________________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City

A-1

EXHIBIT A
See Rate and Method of Apportionment Attached

01248.0008/694321.2 1 of 4

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.

01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.

01248.0008/694321.2 3 of 4

CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:

Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.

Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.

Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.

C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.

D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.

01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.

The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.

In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.

The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

G. TERM
The Special Tax shall be collected in perpetuity.

H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

B-1

EXHIBIT B

APN OWNER
59-530-027 Crowne Communities Domain Estates LLC

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Faith Court Subdivision (Annexation #1 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Faith Court Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
Fiscal Impact: This CFD will provide $485.80 per single family unit, with provisions for inflation factor increases
Purpose:

To ensure new residential development pays for its impact on City services through a Community Facilities District (CFD).

Council’s Strategic Goals:

This item addresses the City Council’s Strategic Goal of operating government in a fiscally responsible and responsive manner.

Background:

The City's standard adopted policy and Conditions of Approval for new residential development include a requirement that the development pay for its share of operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. On March 24, 2021, the Planning Commission approved Tentative Map SM 20-01, Faith Court Subdivision, to subdivide a 4-acre parcel into 17 single family residential parcels west of the Live Oak Canal, east of Royo Ranchero Drive, and south of Monroe Road. Planning Commission Condition of Approval No. 34 contains the requirement to pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.

The Mello-Roos Community Facilities Act of 1982 (Act) provides a mechanism for cities to form CFDs in order to finance the provision of certain municipal services. The types of services that may be provided by a CFD are as follows:

1. Police

2. Fire

3. Recreation and Library

4. Maintenance of parks, parkways and open space

5. Maintenance of Roadways

6. Flood and storm protection services

7. Hazardous substance removal or remediation
On May 18, 2021, Council adopted Resolution 21-047 establishing policies related to CFDs for services. At this same meeting, Council adopted Resolution 21-048 stating its intention to establish City of Yuba City Community Facilities District 2021-1 (Municipal Services) (CFD 2021-1), authorize the levy of a special tax within the district, and authorize the annexation of future territory into the future annexation area by unanimous written approval.

On July 6, 2021, Council voted the Initial Property (Dunn Ranch Estates – Unit 1 Subdivision at the southeast corner of Royo Ranchero Drive and Monroe Drive) to be part of CFD 2021-1 and subject to the special taxes therein. Council also voted to include a Future Annexation Area. The Future Annexation Area consists of several undeveloped, residential zoned properties generally in the western and southern Yuba City Urbanized Area. The Future Annexation Area allows new property owners to annex to the district by unanimous written consent, which streamlines the CFD annexation process.

Analysis:

The Developer of Faith Court Subdivision has executed an Unanimous Approval of Annexation to a Community Facilities District (CFD 2021-1) to satisfy this condition. Faith Court Subdivision will be the first property to annex to CFD 2021-1 (Annexation No. 1), and will be subject to the special taxes therein.

In Resolution 21-048, Council directed the preparation of the Report for CFD 2021-1 to show the services to be provided in CFD 2021-1. The Hearing Report for CFD 2021-1 follows the same methodology used in the formation of CFD 2017-1, which initially established a maximum levy of $425 annually per single family residential unit with an escalation factor equal to the percentage escalation of the City’s combined Police and Fire Department budgets, up to a maximum escalation of 4 percent.

The current levy in fiscal year 2021/22 is $485.80 annually per single family residential unit and $354.35 annually per multi-family residential unit, which will be subject to future escalation in accordance with the rate and method of apportionment of the special tax.

A Notice of Special Tax Lien is to be recorded concurrently with the boundary map (Annexation No.1 – Faith Court Subdivision) in the Office of the County Recorder for the County of Sutter, State of California. The lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax within the area of Annexation No. 1 (Faith Court Subdivision).

Fiscal Impact:

A total of 17 residential parcels are contained in Faith Court Subdivision resulting in a total current annual levy of $8,258.60, based on fiscal year 2021/22 rates.

The developer is responsible for covering the costs of annexing to the CFD.

Alternatives:

Do not adopt a Resolution annexing Faith Court Subdivision into CFD No. 2021-1 to fund Municipal Services, and direct staff on other acceptable means of assuring this development contributes its fair share of impact to services.

Recommendation:

Adopt a Resolution annexing a certain area, Faith Court Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the First Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter.

Attachments:

1. Resolution - Faith Court Subdivision (Annexation #1 of property in CFD 2021-1)

2. First Amendment to Notice of Special Tax Lien - Faith Court Subdivision (Annexation #1 of property in CFD 2021-1)
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

1 ATTACHMENT 1

2 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YUBA CITY IN ITS CAPACITY AS THE LEGISLATIVE BODY

OF THE CITY OF YUBA CITY COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) APPROVING
ANNEXATION NO. 1 (FAITH COURT SUBDIVISION) TO SAID

DISTRICT RELATING TO THE PROPERTY LOCATED SOUTH

OF MONROE ROAD, WEST OF THE LIVE OAK CANAL, AND

EAST OF ROYO RANCHERO DRIVE WITHIN THE FUTURE

ANNEXATION AREA
WHEREAS, on May 18, 2021, this City Council adopted a resolution entitled “A Resolution Of The City Council Of The City Of Yuba City Declaring Its Intention To Establish Yuba City Community Facilities District No. 2021-1 (Municipal Services), To Authorize The Levy Of A Special Tax Therein To Finance Certain Services And To Authorize The Annexation Of Future Territory In The Future Annexation Area To The District By Unanimous Written Approval” (the “Resolution of Intention”), stating its intention to form Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) and a future annexation area to the CFD (“Future Annexation Area”); WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD and Future Annexation Area, services to be financed by the CFD (“Services”) and Future Annexation Area, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, the Resolution of Intention set July 6, 2021, as the date for the joint public hearing on the establishment of the CFD, the extent of the CFD, the Future Annexation Area, the furnishing of the Services within the CFD, and the proposed Rate and Method; WHEREAS, a notice of the public hearing to be held on July 6, 2021 was published in accordance with the Act;
WHEREAS, on July 6, 2021, this Council held noticed joint public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD and the Future Annexation Area;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method and the Future Annexation Area were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “Hearing Report”) as to the Services to be provided through the CFD and the costs;
WHEREAS, following the close of the hearing, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing

3 within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, following the close of the hearing, written protests with respect to the Future Annexation Area, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or Future Annexation Area or property owners of one-half (1/2) or more of the area of land within the CFD or Future Annexation Area and not exempt from the proposed special taxes; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-094, which is on file with the City Clerk and incorporated herein by this reference, that ordered the formation of the CFD and Future Annexation Area, defined the public services (the “Services”) to be provided by the CFD, authorized the levy of a special tax on property within the CFD, preliminarily established an appropriations limit for the CFD, and approved future qualifying projects the ability to voluntarily annex into the Future Annexation Area by unanimous approval of the property owners, all pursuant to the Act; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-095 that called a special election for July 6, 2021, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD were submitted to the qualified electors within the CFD; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-096, that declared the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were in favor of the issue presented, and such measure passed; and WHEREAS, on July 12, 2021 a notice of special tax lien was recorded with the Office of the County Recorder of the County of Sutter, as Document No. 2021-0012518 the “Notice of Special Tax Lien”), thereby giving notice that the lien to secure payment of the special tax was imposed on the land in the CFD; and
WHEREAS, the owner (the “Property Owner”) of the parcels listed in Exhibit A hereto and incorporated herein by this reference, located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for the Services financed by the CFD; and
WHEREAS, pursuant to the Act, the Property Owner has executed a unanimous approval, attached hereto as Exhibit B and incorporated herein by this reference (the “Unanimous Approval”), constituting the Property Owner’s unanimous approval and unanimous vote in favor of the annexation of the Property to the CFD and the levy of special taxes on the Property; and
WHEREAS, the City Council now wishes to approve this Annexation No. 1 of the Property pursuant to the simplified process for annexations under Sections 53328.1, 53339.7 and/or 53339.8 of the Act and add Annexation No. 1 (Faith Court Subdivision) as part of the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, ACTING AS

LEGISLATIVE BODY OF THE CITY OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) DOES HEREBY RESOLVE AS FOLLOWS:

4 1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.

2. Unanimous Approval. The City Council hereby receives and files the Unanimous Approval as Annexation No. 1 (Faith Court Subdivision) to the CFD, and hereby further authorizes and directs the officers of the City to do any and all things to execute and delivery all documents they may deem necessary or advisable in order to consummate the transaction described herein and to effectuate the purpose of this Resolution.

3. Approval of Annexation. The City Council hereby determines that the Property is added to and part of the CFD with full effect and the City Council approves and confirms the Rate and Method of Apportionment of the Special Tax attached to the Unanimous Approval this reference incorporated herein. The City Council hereby finds that the Property Owner’s unanimous written approval is equivalent to an election pursuant to Government Code Section 53339.7(a) of the Act. The Property is added to and part of the existing CFD with full legal effect, and the City Council shall levy any special tax within the annexed territory as specified in the Ordinance No. 005-021 adopted with respect to the CFD pursuant to Government Code Section 53340, any resolution related thereto and, as specified in the Resolution of Intention, and as specified in any other Ordinance, if any, adopted pursuant to Government Code Section 53340.

4. Consolidation of Annexed Map. The City Council hereby determines that the territory described in Exhibit C hereto, and further defined in the map entitled “Annexation Map No. 1 (Faith Court Subdivision) of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services), City of Yuba City, County of Sutter, State of California” which is on file with the City Clerk, is added to and part of the CFD with full effect. The City Clerk is hereby authorized and directed to endorse the certificates set forth on the map and to record the map in accordance with the provisions of Sections 3111, 3113 and 3113.5 of the Streets and Highways Code of the State of California.

5. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act in connection with the formation, voluntary annexation area and annexation of territory to the CFD, including this Annexation No. 1 (Faith Court Subdivision), were and are valid and in conformity with the Act.

6. Amendment to Notice of Special Tax Lien. The City Clerk, or designee, is hereby directed to complete, execute and cause to be recorded in the office of County Recorder of the County of Sutter, an amendment to the Notice of Special Tax Lien, in accordance with the provisions of Sections 3114.5 and 3117.5 of California Streets and Highways Code of the State of California within fifteen (15) days of the adoption of this Resolution, evidencing that the Property is added to the CFD.

7. Effective Date. The City Clerk shall certify the adoption of this Resolution. This Resolution shall take effect upon its adoption.

5 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

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

A. Assessor parcel Numbers and Owners of Land
B. Unanimous Approval
a) Exhibit A – Description of Services
b) Exhibit B – Annexation No. 1, Rate and Method of Apportionment c) Exhibit C – Annexation Map No. 1 of Faith Court Subdivision

EXHIBIT A

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 1 (FAITH COURT SUBDIVISION)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor Parcel No(s) Name of Property Owner
62-420-001** Faith, LLC, a California Limited Liability Company 62-420-002** Faith, LLC, a California Limited Liability Company 62-420-003** Faith, LLC, a California Limited Liability Company 62-420-004** Faith, LLC, a California Limited Liability Company 62-420-005** Faith, LLC, a California Limited Liability Company 62-420-006** Faith, LLC, a California Limited Liability Company 62-420-007** Faith, LLC, a California Limited Liability Company 62-420-008** Faith, LLC, a California Limited Liability Company 62-420-009** Faith, LLC, a California Limited Liability Company 62-420-010** Faith, LLC, a California Limited Liability Company That will become 17 lots with assessor parcel numbers
62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company 62-420-XXX Faith, LLC, a California Limited Liability Company **The subject parcels were formerly a portion of assessor parcel number 62-020-073

EXHIBIT B

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 1 (FAITH COURT SUBDIVISION)

UNANIMOUS APPROVAL

Annexation No. 1 (Faith Court Subdivision t)
UNANIMOUS APPROVAL
of Annexation to a Community Facilities District and Related Matters City of Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
Annexation No. 1 (Faith Court Subdivision)
To the Honorable City Council
City of Yuba City, as legislative body of
Community Facilities District No. 2021‐1
(Municipal Services)
1201 Civic Center Boulevard,
Yuba City, California 95993
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of Faith, LLC, a California Limited Liability Company, the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Sections  53328.1 and/or 53339.3 et seq. of the Mello‐ Roos Community Facilities Act of 1982, as amended (the “Act”), to the annexation of the Property to the "City of Yuba City Community Facilities District No. 2021‐1 (Municipal Services)” (the “CFD”) and approval of the special taxes to be levied against the Property, and the undersigned hereby states, certifies, agrees and declares under penalty of perjury, as follows:

1.  Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.  No parties are residing on the Property and therefore there are no registered voters on the Property.

2.  Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services, which are incorporated herein by this reference (the “Services”) described in Exhibit A hereto and made a part hereof. In such connection Property Owner has reviewed  the  list  of  the  Services  and  hereby  agrees,  consents  and  approves  to  the  Services  and  the Annexation of the Property to the CFD for the benefit of the City and the CFD.

3.  Approval  of  Special  Tax  and  the  Services.  This  Unanimous  Approval  constitutes  the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services. The Special Taxes will be levied according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the "Rate and Method").  In such connection property owner consents and approves of the Rate and Method and understands that such taxes shall be levied against the Property.

4.  Approval  of  the  Appropriations  Limit.  This  Unanimous  Approval  constitutes  the unanimous  approval  and  unanimous  vote  by  the  Property  Owner  in favor  of  the  appropriations  limit

Annexation No. 1 (Faith Court Subdivision)
established for the CFD. The Property Owner hereby approves, consents and agrees to the appropriations limit  for  the CFD of $1,700,000, pursuant  to Article XIIIB of  the California Constitution, as adjusted  for changes in the cost of living and changes in the population.

5.  Waivers and Vote. Resolution No. 21‐048 adopted by the City Council on May 18, 2021 and Resolution No. 21‐094 adopted by the City Council on July 6, 2021 and Sections 53328.1 and 53339.3 of  the  Act  provide  an  alternate  and  independent  procedure  for  annexation  to  a  community  facilities district  that simplifies  the annexation process. Under such process,  the Property Owner acknowledges and agrees that by executing this Unanimous Approval, the Property Owner is voluntarily waiving any and all right to an election held in accordance with Sections 53326, 53327, 53327.5, 53328, 53339.7,  53339.8 and  other  relevant  provisions  of  the  Act.  The  Property  Owner  hereby  confirms  that  this  Unanimous Approval  constitutes  its  unanimous  approval  and  unanimous  vote  as  described  herein  and  as contemplated by Section 53339.3 et seq. of the Act and for purposes of the California Constitution Article XIII A and XIII C. In lieu of an approval by public hearing, ballot and election, if any, the Property Owner intends for this Unanimous Approval to constitute its ballot and election and waiver of a public hearing.

Further, the Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property in accordance with the rate and method of apportionment and the other matters covered in this Unanimous Approval.

6.  Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Sutter, State of California on July 12, 2021, as Document No. 2021‐0012518.

The Property Owner hereby understands and agrees, consents and approves to the City Clerk, or City designee, to execute and cause to be recorded in the office of the County Recorder of the County of Sutter an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

7.  Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous  Approval, any  votes,  consents  or waivers  contained  herein, and  other actions  for  the annexation of the Property to the CFD and the levy of special taxes within the area of the Property shall do not constitute events of default or delinquencies under any existing or proposed financing documents entered  into  or  to  be  entered  into  by  the  Property  Owner  for  the  Property,  including  any  “due‐on‐ encumbrance” clauses under any existing security instruments secured by the Property.

8.  Due Diligence and Disclosures. The Property Owner agrees  to cooperate with  the City and  its  attorneys  and  consultants  and  to  provide  all  information  and  disclosures  required  by  the  City and/or the Act about the Special Taxes to purchasers of the Property or any part of it.

9.  Agreements.  The  Property  Owner  further  agrees  to  execute  such  additional  or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.

10.  The  Property.  The  Property  is  identified  below,  and  such  Property  Owner  approves, consents and agrees that Property will be subject to the CFD upon recordation of the amendment to the

Annexation No. 1 (Faith Court Subdivision)
Notice of Special Tax Lien. The Property is located in the Future Annexation Area of the CFD and the map is attached hereto as Exhibit C.

Assessor’s Parcel Number(s):

APN  Acreage  Anticipated Units  Property Owner
62‐420‐001  0.29
17  Faith, LLC, A California
Limited Liability Company
62‐420‐002  0.31
62‐420‐003  0.31
62‐420‐004  0.30
62‐420‐005  0.39
62‐420‐006  0.39
62‐420‐007  0.3
62‐420‐008  0.31
62‐420‐009  0.31
62‐420‐0010  0.29
Acres: _4.11 _
By executing this Unanimous Approval, the Property Owner agrees, consents, declares and certifies to all of the above.

Annexation No. 1 (Faith Court Subdivision)_
Property Owner
By:    Faith,  LLC,  A  California  Limited  Liability
Company
By:

Name:  Kurt Hilbers
Title:

Notice Address
Faith, LLC, A California Limited Liability Company
770 North Walton Avenue
Yuba City, California  95993

Annexation No. 1 (Faith Court Subdivision)
EXHIBIT A
Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
DESCRIPTION OF SERVICES
The Services to be funded by the CFD include the following services and all incidental expenses related to such services, all of which are authorized by the Act:

PUBLIC SERVICES
(a)  Police protection services;
(b)  Fire protection and suppression services, ambulance and paramedic services; (c)  maintenance of parks, parkways, streets, roads, and open space; (d)  flood  and  storm  protection  services,  including  but  not  limited  to  the  maintenance  of storm drainage systems and sandstorm protection systems, (e)  Services with respect to the removal or remedial action for the cleanup of any hazardous substance  released  or  threatened  to  be  released  into  the  environment,  subject  to  the  limitations contained in Section 53313 of the Act;
(f)  Maintenance  and  operation  of  any  real  property    or  other  tangible  property  with  an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and (g)  costs  incurred  by  the  City  and  or  County  in  formation  of  the  district,  annexation  and annual contract administration.

In accordance with Section 53313 of the Act, the additional services may not supplant services available within the territory when the district was created or annexed.

The same types of services which are authorized to be financed by CFD No. 2021‐1 are the types of services to be provided in the Future Annexation Area, as properties are annexed.

The services include operational and maintenance costs associated with providing such services.

Annexation No. 1 (Faith Court Subdivision )
EXHIBIT B
City of Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
RATE AND METHOD OF APPORTIONMENT
The Special Tax shall be levied in Annexation No. 1 (Faith Court Subdivision) in accordance with the Rate and Method of Apportionment of Special Tax for City of Yuba City Community Facilities District No. 2021‐1 (Municipal Services) pursuant to the rate set forth in the attachment hereto.

01248.0008/694321.2 1 of 4

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.

01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.

01248.0008/694321.2 3 of 4

CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:

Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.

Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.

Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.

C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.

D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.

01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.

The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.

In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.

The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

G. TERM
The Special Tax shall be collected in perpetuity.

H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

EXHIBIT C

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION MAP NO. 1 OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1

FAITH COURT SUBDIVISION

Proposed Boundary Map of CFD No. 2021-1 Annexation No. 1 City of Yuba City, Sutter County, California
20 MONROE

ROYO RANCHERO

GRANITE

COLUSA FRONTAGE
DONA

STONEGATE
PARIS
JORI
STONEY
LIBBY

GEORGE WASH NI GTON
ALICIA
MARCOS
PEBBLE
MARBLE

SAM BRANNAN
MONROE

COLUSA FRONTAGE
20 1 inch = 300 feet
Legend
Properties subject to the CFD
Existing City Limit Boundaries
Faith Court

1 ATTACHMENT 2

2 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City of Yuba City
Attn: City Clerk
1201 Civic Center Boulevard
Yuba City, California 95993

FIRST AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 1 (Faith Court)
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code and Government Code Section 53311, et seq., the undersigned City Clerk of the City of Yuba City, acting on behalf of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), HEREBY GIVES NOTICE that a lien is hereby imposed on taxable property within the property described herein Annexation No. 1 (Faith Court), which has been annexed to the CFD to secure payment of a special tax (“Special Tax”) which the City Council of the City of Yuba City (the “City”), County of Sutter (the “County”), State of California, is authorized to annually levy for the following purpose of financing the following services:
(a) Police protection services;
(b) Fire protection and suppression services, ambulance and paramedic services;
(c) maintenance of parks, parkways, streets, roads, and open space; (d) flood and storm protection services, including but not limited to the maintenance of storm drainage systems and sandstorm protection systems, (e) Services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment, subject to the limitations contained in Section 53313 of the Act; (f) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and

3 (g) costs incurred by the City and or County in formation of the district, annexation and annual contract administration.

The services include operational and maintenance costs associated with providing such services.

The Special Tax is authorized to be levied within the CFD that has now been officially formed and includes Annexation No. 1 (Faith Court) and the lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax and which shall continue in force and effect until the special tax obligation is prepaid, if applicable, permanently satisfied, and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of Special Tax is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of the authorized special tax is as follows: The rate and method of apportionment of the authorized Special Tax is as shown in the Rate and Method of Apportionment set forth on Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”). The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, the CFD may utilize a direct billing procedure for any Special Taxes that cannot be collected on the County tax roll or may elect to collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: The Special Tax is levied perpetually as provided in the Rate and Method and there are no conditions upon which it may be prepaid.

Notice is further given that upon the recording of this notice in the Office of the County Recorder of Sutter County, the obligation to pay the Special Tax levy shall become a lien upon all non-exempt real property within the area of Annexation No. 1 (Faith Court) in accordance with Sections 3114.5, 3115.5 and 3117.5 of the Streets and Highways Code.

The (a) names of the owner(s) of the real property included within the annexed property to the CFD as they appear on the last secured assessment roll as of the date of recording of this Notice and (b) the Assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included within Annexation No. 1 (Faith Court) to the CFD and not exempt from the special tax, are as set forth on the attached, referenced and incorporated Exhibit B.

Reference is made to the boundary map of the Annexation No. 1 (Faith Court) to the CFD recorded concurrently herewith in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sutter, State of California, which map is now the final boundary map of Annexation

4 No. 1 (Faith Court) to the CFD. The Boundary Map of the original district is Recorded as Document No. 2021-0012517 in Book 3 of Assessment and Community Facilities Districts at Pages 93 through 96, in the Office of the County Recorder of the County of Sutter, State of California.

Reference hereby is made to the Amendment to Notice of Special Tax Lien to the CFD recorded as Document No. 2021-0012518 in the Records of the County Recorder of the County of Sutter.

For further information concerning the current and estimated tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Yuba City, City Hall, Finance Director, 1201 Civic Center Boulevard Yuba City, California 95993, telephone number (530) 822-4618.

Dated: As of May 17, 2022
By: _________________________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City

A-1

EXHIBIT A
See Rate and Method of Apportionment Attached

01248.0008/694321.2 1 of 4

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.

01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.

01248.0008/694321.2 3 of 4

CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:

Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.

Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.

Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.

C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.

D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.

01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.

The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.

In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.

The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

G. TERM
The Special Tax shall be collected in perpetuity.

H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

B-1

EXHIBIT B

APN OWNER
62-420-001
62-420-002
62-420-003
62-420-004
62-420-005
62-420-006
62-420-007
62-420-008
62-420-009
62-420-010
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company
Faith, LLC, a California Limited Liability Company

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4 (Faith Court Subdivision)
Recommendation: Adopt a Resolution confirming and ordering annexation of the parcels associated with the Faith Court Subdivision, APNs 62-420-001 through 62-420-010 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4 and establishing a levy of assessments for the annexed territory Fiscal Impact: $34.57 per lot, $587.69 total annual revenue, with an inflation index Purpose:

To fund the ongoing operation, maintenance, and administration of street lighting.

Council Strategic Goal:

Annexing this subdivision into a Lighting and Landscape Maintenance District (LLMD) addresses the City Council’s Strategic Goal of maintaining infrastructure, as the LLMD will ensure that street lighting is maintained and in operation.

Background:

The existing LLMD No. 5, Zone of Benefit H_4 was established in 2005 for the Bay Drive Estates Subdivision, with a fee per parcel for the operation and maintenance costs associated with street lights.

The fee per parcel for Zone of Benefit H_4 was determined by taking the original per parcel assessment from LLMD No. 5, Zone of Benefit H (Phalla Estates), formed in 2000, and increasing the per parcel rate from 2000 dollars to 2005 dollars.

Currently, the Faith Court Subdivision at Assessor’s Parcel Numbers (APNs) 62-420-001 through 62- 420-010 is requesting to be included into this Zone of Benefit, as required through their conditions of approval for Tentative Subdivision Map 20-01. Additionally, the subject parcels are planned to be split into 17 parcels. In order to determine the assessment for these 17 parcels, the original assessment for Zone of Benefit H_4 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

The City has created and modified several LLMDs to encompass a number of commercial projects and subdivisions over the past few years. The process of annexing to an existing District consists of

adopting multiple City Council Resolutions, holding Public Hearings, and observing rights of majority protests.

Analysis:

The Public Notice procedure can be waived and an expedited process can be substituted at the request of the property owners requesting to be annexed into the District. The authorized representatives of the Faith Court Subdivision have requested to waive the Public Hearing proceedings, which has allowed the City to utilize the expedited process in order to annex the parcels associated with the Faith Court Subdivision into the existing LLMD No. 5, Zone of Benefit H_4.

The expedited process consists of the City Council adopting a single Resolution which confirms and orders the annexation of the new territory into the existing Zone of Benefit and order a levy of assessments for said Zone of Benefit. The levy amounts have been established by City staff through the creation of an Engineer’s Report for the Zone of Benefit. The Engineer’s Report contains a detailed estimate of annual costs to energize and maintain the streetlights within the Zone of Benefit (Attachment 2).

Once the Resolution has been adopted, the City will file the Engineer’s Report with the City Clerk. The information will then be provided to the Sutter County Auditor-Controller so that the properties can be assessed accordingly.

Fiscal Impact:

Revenue from the assessed parcels is to be used to provide maintenance services and district administrative costs. The Engineer’s Report for the Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit H_4 has determined that the annual assessed amount for the parcels being annexed into the Zone of Benefit is $34.57 per lot, or $587.69 total annually, and is subject to an annual inflation increase.

Alternatives:

1. Do not adopt the following Resolution and fund the operation and maintenance of the street lights from alternate sources.

2. Direct staff to begin the typical longform Lighting and Landscape Maintenance District annexation procedure.

Recommendation:

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

Attachments:

1. Resolution - Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4 (Faith Court Subdivision) with Exhibits

2. Engineer’s Report – LLMD No. 5, Zone of Benefit H_4

3. Waive Public Hearing Letter
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

CONFIRMING AND ORDERING ANNEXATION OF THE PARCELS ASSOCIATED WITH FAITH COURT SUBDIVISION, APNs 62-420-001 THROUGH 62-420-010, INTO

THE EXISTING YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5, ZONE OF BENEFIT H_4 AND ESTABLISHING A LEVY OF ASSESSMENTS

FOR THE ANNEXED TERRITORY
WHEREAS, the City of Yuba City, pursuant to the provisions of the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), previously established Yuba City Lighting and Landscape Maintenance District (“District”) No. 5, and has levied and collected the annual assessments for said District No. 5; and
WHEREAS, assessments levied within the District provide revenue for the purpose of financing the maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streetlights; and WHEREAS, certain property owners have requested their property to be annexed into District No. 5, Zone of Benefit H_4 and
WHEREAS, in annexation proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be waived with the written consent of all of the owners of property within the territory to be annexed, and mailed notice may be dispensed with as to all property owners who shall have filed a written request for the annexation of their property; and
WHEREAS, pursuant to Section 22608 of the Streets and Highways Code, the property owners have provided written consent waiving such items, and acknowledging the amount of levy and collection of assessments; and
WHEREAS, the resolutions, report, notices of hearing, right of majority protest, and mailed notice have been properly waived; and
WHEREAS, the City Council desires to annex the territory of the property owners to existing assessment District No. 5; designate the portion of the annexed territory into existing District No. 5 Zone of Benefit H_4, and set the levy and collection of assessments against the assessable lots and parcels of land for that portion of territory.

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

Section 1. The above recitals are true and correct, and are hereby incorporated herein by this reference.

Section 2. The City Council finds that the hearing on said annexation of territory and levy of assessment was held in accordance with law and all persons desiring to speak were heard, and that there was no majority protest by the property owners of the same.

Section 3. The City Council orders the territory identified in Exhibit “B” is annexed into existing assessment district Yuba City Lighting and Landscape Maintenance District No. 5 (“District”), Zone of Benefit H_4.

Section 4. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within Zone of Benefit H_4 of the existing assessment district designated “Yuba City Lighting and Landscape Maintenance District No. 5” pursuant to the provisions of the Act, for the remainder of the fiscal year commencing July 1, 2021 and ending June 30, 2022, to pay for the costs and expenses of the improvements for Zone of Benefit H_4, at the assessment rate(s) set forth in Exhibit “A.”
Section 5. The City Council hereby determines that the territory within Zone of Benefit H_4 of the District, whose boundaries are set forth in Exhibit “B,” will be the territory benefited by the maintenance and servicing of the improvements.

Section 6. The City Council hereby orders the levy of the assessments described in said Exhibit “A.”
Section 7. The City Council finds that the assessment diagram showing Zone of Benefit H_4 of the District, and also the subdivision of land within the District, as contained in Exhibit “B,” be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements for that portion of the District.

Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than May 20, 2022.

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 17th day of May, 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(s):

Exhibit A – Assessment Roll
Exhibit B – Vicinity Map

EXHIBIT A

7 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)
Assessment # Assessor’s # Amount of Assmt.
1-17 62-420-TBD $ 34.57

EXHIBIT B

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17 FAITH COURT SUBDIVISION

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT H_4

SUBJECT
AREA
SCALE: 1" = 250'
STATE ROUTE 20

MONROE DR

JEFFERSON AVE

WESTERN PKWY

ROYO RANCHERO RD

AREA TO BE ADDED

MONROE DR

STONEGATE DR DONA WAY ROYO RANCHERO DR

N COLUSA FRONTAGE RD

S COLUSA FRONTAGE RD
STATE ROUTE 20 GRANITE
DR
FAITH

CHRISTIAN

SCHOOL LIVE OAK CANAL

ATTACHMENT 2

1 ENGINEER’S REPORT

YUBA CITY LIGHTING AND LANDSCAPE

MAINTENANCE DISTRICT
NO. 5

2021-2022
ZONE OF BENEFIT H_4
(Faith Court Subdivision)

2 ENGINEER'S REPORT
FOR
YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.

Benjamin Moody, Engineer of Work
City of Yuba City
Dated : By:_________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment diagrams thereto attached, was filed with me on the _____ of ___________, 2022.

Ciara Wakefield, Deputy City Clerk
City of Yuba City
Sutter County, California
By:__________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment diagrams thereto attached, was approved and confirmed by the City Council of the City of Yuba City, California, on the ____ of ___________, 2022.

Ciara Wakefield, Deputy City Clerk
City of Yuba City
Sutter County, California

By : __________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment diagrams thereto attached, was filed with the County Auditor of the County of Sutter, on the _____ of ___________, 2022.

Ciara Wakefield, Deputy City Clerk
City of Yuba City
Sutter County, California

By: __________________________

3 ENGINEER'S REPORT
YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)
(Pursuant to the Landscaping and Lighting Act of 1972)
Benjamin Moody, Engineer of Work for the Yuba City Lighting and Landscape Maintenance District (LLMD) No. 5, Zone of Benefit H_4, City of Yuba City, County of Sutter County, California, makes this report as directed by City Council, pursuant to Section 22585 of the Streets and Highway Code (Landscape and Lighting Act of 1972).

The improvements to be maintained subject to this report include the street lighting as described within the original “Engineer’s Report, Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4, Bay Drive Estates #1.” The area requesting annexation into District No. 5, Zone of Benefit H_4 includes: Faith Court Subdivision, Tentative Subdivision Map (TSM) 20-01, on the Assessor Parcel Numbers 62-420-001 through 62-420-010, located on the east side of Royo Ranchero Road, north of North Colusa Frontage Road, south of Monroe Road, and west of the Live Oak Canal. The subject parcels are to be split into 17 parcels.

This report consists of five parts, as follows:

Part A- Plans and specifications (the improvements to be maintained are not filed with the City Clerk, since this will be a maintenance district only).

Part B - An estimate of the cost of maintenance.

Part C - An assessment of the estimated cost of maintenance on each benefited parcel of land within the assessment district (see attached list).

Part D - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

Part E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,

Benjamin Moody
Engineer of Work
City of Yuba City

4 PART A

PLANS AND SPECIFICATIONS
YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)
This is a maintenance district only -- no plans or specifications are required.

5 PART B

ESTIMATE OF ANNUAL COST OF MAINTENANCE
Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit H_4
(3 Parcels)
Basis of Calculation
Faith Court Subdivision 20-01,

Background
The existing LLMD No. 5, Zone of Benefit H_4 was established in 2005 for the Bay Drive Estates Subdivision, with a fee per parcel for the operation and maintenance costs associated with street lights. The fee per parcel for Zone of Benefit H_4 was determined by taking the original per parcel assessment from LLMD No. 5, Zone of Benefit H (Phalla Estates), formed in 2000, and increasing the per parcel rate from 2000 dollars to 2005 dollars.

Currently, the Faith Court Subdivision at Assessor’s Parcel Numbers (APNs) 62- 420-001 through 62-420-010 is requesting to be included into this Zone of Benefit, as required through their conditions of approval for Tentative Subdivision Map 20-

01. Additionally, the subject parcels are planned to be split into 17 parcels. In order to determine the assessment for these 17 parcels, the original assessment for Zone of Benefit H_4 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

Analysis
The original estimate for annual maintenance costs in this Zone of Benefit was as follows:

Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit H
(130 units)
Phalla Estates – Street Lighting Only
Street Lighting – Total per Lot
$130.44/yr x 6 lights = $782.64 20.60
Subtotal = $782.64 20.60
2005 CPI multiplier (1.133) 886.92 23.34
10% Administration = 88.92 2.34
Total Assessment = 975.84 25.68
The above calculations show the original annual cost for maintenance per parcel ($20.60) for Zone of Benefit H being increased to $25.68 per parcel for the formation of Zone of Benefit H_4 in 2005 through utilizing the CPI multiplier. The

6 below tables show the CPI and Multipliers for May of 2000, May of 2005, and January of 2021:

Consumer Price Index
Year Consumer Price Index Multiplier
May 2000 171.5 1.000
May 2005 194.4 1.133
Year Consumer Price Index Multiplier
May 2005 194.4 1.000
January 2021 261.582 1.346
In order to bring the 2005 per parcel assessment into January 2021 dollars, the CPI multiplier will be used.

Established Rate Per Parcel in 2005 = $ 25.68
CPI Multiplier (1.346) = $ 34.57
10 % Administration (Included in 2005 Per Parcel Rate) = $ 0.00 Per Lot Assessment (17 Lots) = $ 34.57

7 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)
Assessment # Assessor’s # Amount of Assmt.
1-17 62-420-TBD $ 34.57

8 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit H_4
(Faith Court Subdivision)
All areas within the LLMD will share equally in the maintenance costs of the street lighting as described within the original “Engineer’s Report, Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit H_4, Bay Drive Estates #1.” The area requesting annexation into District 5, Zone of Benefit H_4 includes:

Faith Court Subdivision, Tentative Subdivision Map (TSM) 20-01, on the Assessor Parcel Numbers 62-420-001 through 62-420-010, located on the east side of Royo Ranchero Road, north of North Colusa Frontage Road, south of Monroe Road, and west of the Live Oak Canal. The subject parcels are to be split into 17 parcels.

The proposed assessments upon assessable lots and parcels of land within the assessment district shall be adjusted annually on each January 1 to reflect changes from January of the previous year to January of the current year of the “All Urban Consumers” Consumer Price Index, US City Average, as compiled by the United States Department of Labor, Bureau of Labor Statistics.

A 10% administration charge was factored into the original assessment in order to cover the cost to administer the District.

Consumer Price Index
Year Consumer Price Index Multiplier
May 2005 194.4 1.000
January 2021 261.582 1.346

9 PART E

ASSESSMENT DIAGRAM
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT H_4
(Faith Court Subdivision)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17 FAITH COURT SUBDIVISION

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT H_4

SUBJECT
AREA
SCALE: 1" = 250'
STATE ROUTE 20

MONROE DR

JEFFERSON AVE

WESTERN PKWY

ROYO RANCHERO RD

AREA TO BE ADDED

MONROE DR

STONEGATE DR DONA WAY ROYO RANCHERO DR

N COLUSA FRONTAGE RD

S COLUSA FRONTAGE RD
STATE ROUTE 20 GRANITE
DR
FAITH

CHRISTIAN

SCHOOL LIVE OAK CANAL

ATTACHMENT 3

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Title VI Implementation Plan Adoption
Recommendation: Adopt a Resolution which adopts the Title VI Implementation Plan, designates the Public Works Director as the Title VI Coordinator, and authorizes the Public Works Director to execute all necessary documents associated with the Plan Fiscal Impact: Minor staff time and material costs associated with plan implementation and material creation
Purpose:

To assure compliance with Federal requirements associated with Federal transportation grant funding.

Council Strategic Goal:

Adopting the Title VI Implementation Plan addresses the City Council’s Strategic Goal of maintaining infrastructure, as complying with Title VI and other related non-discriminatory statutes will allow the City to remain eligible for Federal funds from the Federal Highway Administration (FHWA) necessary to maintain roadway infrastructure.

Background:

In 1964, Title VI of the Civil Rights Act was created, which prohibits discrimination based on race, color, or national origin. Similar statutes were later created which extend discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, and other categories.

Recently the California Department of Transportation (Caltrans) has been tasked with ensuring that Local Agencies, which are recipients of Federal Funds, are complying with these statutes. In order to ensure compliance, Caltrans and FHWA have required that all local agencies receiving Federal funding create Title VI Implementation Plans.

Analysis:

The FHWA has developed the following Title VI requirements for Local Agencies:

1. Designate a Title VI Coordinator who has a responsible position in the organization and easy

access to the head of the Agency.

2. Develop Title VI information for dissemination to the public and, where appropriate, in languages other than English.

3. Incorporate Title VI assurances in all Federal-aid contracts, documents, and agreements.

4. Provide Title VI training for staff.

5. Develop procedures for collection of statistical data of participants in, and beneficiaries of federally-funded roadway projects.

6. Develop a written plan for enforcement which sets out its priorities and procedures (Implementation Plan).

7. Develop an Annual Accomplishments and Goals report.

8. Develop Complaint Procedures.

City staff has completed all of the above-listed requirements and will be able to achieve compliance with FHWA’s requirements. The proposed Title VI Implementation Plan (Attachment 1 – Exhibit A) provides in-depth information on how the City will meet or exceed all of the above requirements.

Additionally, all of the City’s Title VI resources can be found online at www.yubacity.net/TitleVI . City Council’s adoption of the Title VI Implementation Plan is the final step in allowing the City to achieve compliance with FHWA and Caltrans’ civil rights requirements.

Fiscal Impact:

Minor costs will be incurred through the Title VI Implementation Plan creation, trainings, and material creation.

Adoption of, and compliance with the Title VI Implementation Plan will allow the City to remain eligible for Federal-aid funds on future roadway projects.

Alternatives:

Do not adopt the Title VI Implementation plan. This will cause the City to become non-compliant with the FHWA’s funding requirements, which may cause the City to be ineligible for receipt of future Federal funding.

Recommendation:

Adopt a Resolution which adopts the Title VI Implementation Plan, designates the Public Works Director as the Title VI Coordinator, and authorizes the Public Works Director to execute all necessary documents associated with the Plan.

Attachments:

1. Resolution - Title VI Implementation Plan Adoption with Exhibit A Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ADOPTING A TITLE VI IMPLEMENTATION PLAN, DESIGNATING THE

PUBLIC WORKS DIRECTOR AS THE TITLE VI COORDINATOR, AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL

NECESSARY DOCUMENTS ASSOCIATED WITH THE PLAN

WHEREAS, Title VI of the Civil Rights Act was created in 1964, prohibiting discrimination upon race, color or national origin; and, WHEREAS, multiple similar statutes were created at later dates extending discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, and other categories; and,
WHEREAS, local agencies are required to comply with Title VI and other related statutes as a condition of receiving Federal-aid from the Federal Highway Administration (FHWA); and,
WHEREAS, the FHWA requires the City to adopt a Title VI Implementation Plan that provides guidance for compliance with Title VI and other related statutes.

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

Section 1. The City Council of Yuba City Council hereby adopts the “City of Yuba City Title VI Implementation Plan” attached as Exhibit “A”. The Public Works Director is hereby designated as the Title VI Coordinator, and is authorized to execute all Title VI documentation on behalf of the City subject to approval as to form by City Attorney.

Section 2. This Resolution shall take effect immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of May, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

A. City of Yuba City Title VI Implementation Plan

EXHIBIT A

CITY OF YUBA CITY

TITLE VI IMPLEMENTATION PLAN
Adopted May 17th, 2022

Table of Contents
Non-Discrimination Policy Statement ......................................................................... 1 Non-Discriminatory Legislation ................................................................................... 2 Organization Structure ................................................................................................. 3 Title VI Coordinator ............................................................................................... 3 Assistant Title VI Coordinator ............................................................................... 3 Title VI Specialist .................................................................................................. 3 Title VI Liaison ...................................................................................................... 4 Title VI Organization Chart ................................................................................... 4 Complaint Procedure .................................................................................................... 5 Complaints Processed Under the Federal Highway Administration ...................... 5 Caltrans OCR Investigation Process .................................................................... 6 Title VI Outreach and Resources ................................................................................. 7 Limited English Proficiency ................................................................................... 7 Title VI Information Dissemination ........................................................................ 7 Environmental Justice .......................................................................................... 8 Data Collection and Analysis ....................................................................................... 8 Contract Documents and Agreements ........................................................................ 8 Training .......................................................................................................................... 9 Annual Work Plan .......................................................................................................... 9 Appendix ...................................................................................................................... 10 A. Limited English Proficiency Plan .................................................................... 10 B. Notice to Public .............................................................................................. 13 C. Complaint Form ............................................................................................. 14 D. US DOT Title VI Assurances A-E ................................................................... 16

Title VI Implementation Plan
City of Yuba City
1 Non-Discrimination Policy Statement
The City of Yuba City Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Yuba City Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Further, no person shall be subjected to discrimination under any program or activity conducted by the City of Yuba City Public Works Department, on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

Benjamin Moody Date
Public Works and Community Services Director
City of Yuba City

Title VI Implementation Plan
City of Yuba City
2 Non-Discriminatory Legislation
Title VI of the Civil Rights Act of 1964 – Provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance (as implemented through 23 CFR 200.9 and 49 CFR 21).

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) – Prohibits discrimination on the basis of sex by recipients and sub-recipients of Federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 – Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.

The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) – Prohibits discrimination on the basis of age by recipients and sub-recipients or Federal financial assistance.

The Civil Rights Restoration Act of 1987 (Public Law 200-209) – Clarifies that the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 was to apply the non-discrimination statutes to all programs and activities of Federalaid recipients, sub-recipients, contractors and vendors, whether all such programs are federally assisted or not.

Executive Order 12898 (issued February 11, 1994) – Addresses Environmental Justice regarding minority and low-income populations and requires agencies to develop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations; promote nondiscrimination in federal programs substantially affecting human health and the environment; and provide minority and low-income communities access to public information and an opportunity for public participation in matters relating to human health or the environment.

Executive Order 13166 (issued August 16, 2000) – Addresses improved access to services for persons with limited English proficiency. Agencies are directed to evaluate services provided and implement a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully access the services provided consistent with, and without unduly burdening, the fundamental mission of the local agency. Agencies are directed to ensure that recipients of federal financial assistance provide meaningful access to program, services and information to their LEP applicants and beneficiaries free of charge.

Title VI Implementation Plan
City of Yuba City
3 Organization Structure
The City of Yuba City’s Title VI program is a multi-tiered program in which multiple roles work toward the ultimate goal of assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes. The City has assigned the roles of Title VI Coordinator, Assistant Title VI Coordinators, Title VI Specialist, and Title VI Liaisons to Public Works staff. The roles and responsibilities are as follows:

Title VI Coordinator
 Ensures that City’s Title VI program up-to-date with all requirements set forth by the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), and any other applicable jurisdictions.  Maintains open line of communication with City Manager, City Council, and other City leadership positions as necessary to facilitate the Title VI Program requirements in a timely manner.
 Directs staff to coordinate and attend trainings, prepare required reports, create and distribute Title VI information for the public, and manage complaints per the Program’s direction.

Assistant Title VI Coordinator
 Assumes role and duties of Title VI Coordinator when the Coordinator is unavailable.
 Works directly with Title VI Specialist to ensure program compliance is met.  Ensures that all applicable staff are present for Title VI trainings, and are following Title VI procedures through work with the public, contractors, and consultants.

Title VI Specialist
 Prepares and coordinates Title VI Plan and Annual Report submission.  Develops Title VI information for dissemination to public.  Ensures that Title VI Assurances have been incorporated into all Federal-aid Contracts and Agreements.
 Develops and coordinates Title VI training for managers, supervisors and staff with frequent public contract, on a two-year minimum basis.

Title VI Implementation Plan
City of Yuba City
4  Develops procedures for collection and analysis of statistical data of participants in, and beneficiaries of federally funded roadway projects.  Analyzes data collected to determine effectiveness of outreach methods to avoid group exclusion, and encourage group participation.
 Develops complaint procedures, complaint log, and ensures that all applicable staff are properly trained in the complaint reporting procedures.

Title VI Liaison
 Works directly with contractors, public stakeholders and other relevant parties to ensure that Title VI protections are maintained.
 Attends trainings as to maintain knowledge of current Title VI requirements.  Reports complaints through complaint procedure listed as part of City’s Title VI Implementation Plan.
 Incorporates required Title VI language into Federal-aid contracts and agreements Title VI Organization Chart
Public Works
Director
Title VI Coordinator
Associate Civil
Engineer
Title VI Specialist
Engineering Staff
Title VI Liaison
Engineering Staff
Title VI Liaison
Engineering Staff
Title VI Liaison
Deputy Public
Works Director ‐
Engineering
Assistant Title VI
Coordinator
Deputy Public
Works Director ‐
Engineering
Assistant Title VI
Coordinator

Title VI Implementation Plan
City of Yuba City
5 Complaint Procedure
The City of Yuba City Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Yuba City Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

Any person that believes they have been discriminated against on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law by the Yuba City’s Public Works Department, its contractors, consultants or any other party that acts on behalf of the Public Works Department may file a Title VI complaint by completing and submitting the City’s Title VI Complaint Form (Appendix C), which can be found displayed in the City Hall lobby, and online at www.yubacity.net/TitleVI .

The City’s Title VI Specialist processes complaints received no more than 180 days after the alleged incident. The Title VI Specialist will only process complaints that are complete, which include at a minimum, the following:
 Complainant’s contact information
 Date of alleged act of discrimination
 Details of the alleged discrimination
 The complainant’s signature
Once the Title VI complaint is received, the Title VI Specialist will forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Specialist will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log, and conducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Specialist will provide said finding to the complainant within ten business days via letter and/or email.

Complaints Processed Under the Federal Highway Administration Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.

Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (City of Yuba City) are to be forwarded to Caltrans to be submitted to FHWA Division Office. Complaints should be sent within one business day of receipt via email to [email protected]. If Headquarters Office of Civil Rights (HCR) determines a Title VI complaint against a sub-recipient can

Title VI Implementation Plan
City of Yuba City
6 be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.

Caltrans OCR Investigation Process
If OCR is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them.

If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case.

If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case.

OCR with consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office.

A person may also file a complaint directly with the FHWA and/or Caltrans by the following contact information:

Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-104
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
Attention: Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
[email protected]
Should a complaint be filed with Yuba City Public Works and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint and the City’s complaint procedures will be suspended pending the federal/state agency’s findings.

Title VI Implementation Plan
City of Yuba City
7 Title VI Outreach and Resources
Table 1: Languages Spoken in Yuba City’s Residents
Language Spoken
Group
Population
Group’s
Percentage
of
Population
Portion of
Group that
Speaks
English Very
Well
Portion of
Group That
Does Not
Speak English
Very Well
English Only 36,935 59.7% 36,935 (100%) 0 (0%)
Spanish 12,449 20.1% 6530 (52.5%) 5,919 (47.5%)
Other Indo-European
Languages
11,306 18.3% 5818 (51.5%) 5,488 (48.5%)
Asian and Pacific Island
Languages
1,174 1.9% 646 (55.0%) 528 (45.0%)
Other Languages 22 0.03% 14 (63.6%) 8 (36.4%)
Total Population Above 5 Years 61,886 100% 49,943 (80.7%) 11,943 (19.3%) Source: US Census: American Community Survey 2015-2019 5-Year Estimate https://data.census.gov/cedsci/table?tid=ACSST5Y2019.S1601&g=1600000US0686972 Limited English Proficiency
A Limited English Proficiency (LEP) person is a person that does not speak English as a primary language and has a limited ability to read, write, or comprehend English. Per Executive Order 13166, agencies which receive Federal funding must examine their Federally-funded services and develop and implement processes that will allow LEP persons to meaningfully access said services. Executive Order 13166 also requires that agencies receiving Federal funding must establish guidance for providing meaningful access to LEPs, prepare a plan to overcome language barriers in Federally-funded programs and activities, and ensure that stakeholders have adequate opportunity to provide input.

As shown in Table 1 above, 19.3% of residents in Yuba City are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (20.1% of the community) and Other Indo-European Languages (18.3% of the community). As outlined in the City’s LEP Plan (Appendix A), the City has conducted an LEP Needs Assessment, using a Four Factor Analysis to identify need and provide access to the LEP community in compliance with Executive Order 13166.

Title VI Information Dissemination
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and “I Speak” cards that are available in English, Spanish, and Punjabi. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed in the City Hall lobby, in a highly visible and accessible location. The public notices will also be available for viewing on the City’s website, at www.yubacity.net/TitleVI .

Title VI Implementation Plan
City of Yuba City
8 Environmental Justice
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), City Staff will identify and address the environmental effects of programs, policies, and activities on minority and low-income populations for Federally-funded projects. Staff will consider demographic data during project design and involve the public in the planning and development process to assess the environmental impacts of projects on the community. The public’s input and demographic data analysis will enable staff to develop measures to mitigate any potential adverse effects on minority and low-income populations.

Data Collection and Analysis
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.

Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally-funded projects. Such outreach that may give Staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comment through websites generated for projects.

Contract Documents and Agreements
The City’s Title VI Specialist will ensure that any Federally-funded project documents contain the necessary Title VI Assurances and other language. Such assurances include, but may not be limited to:
 FHWA Form 1273 (Title VI and other non-discriminatory requirements) o Required on all FHWA contracts and subcontracts valued greater than $10,000
 Title VI Assurances Appendix A-E
o Appendix A-E to be attached to Federal-Aid contracts
Additionally, City staff will include the provisions indicated in the "Administering AgencyState Agreement for Federal-Aid Projects Master Agreement” in the Local Assistance Program Manual (LAPM) in contracts and agreements, where applicable, between the City and contractors.

The City will continue to utilize the "Local Agency Construction Contract Administration Checklist" (Exhibit 15-A of the LAPM), which confirms that DBE and labor/Equal

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9 Employment Opportunity (EEO) compliance requirements are performed and documented in the project files. Exhibit 15-A of the LAPM documents that the local agency will meet all the requirements prior to the award of a construction contract.

Lastly, the City will continue to utilize the "Resident Engineer’s Construction Contract Administration Checklist" (Exhibit 15-B of the LAPM) on federal-aid projects. The checklist assists in administering federal-aid highway construction projects and provides a record that the EEO/Wage Rate/False Statements posters are being posted at specific locations that employee interviews will be conducted in accordance with the Labor Compliance/EEO interview form, and that DBE requirements are met. City staff will continue to submit Exhibit 15-B, along with the Award Package shortly after award of the construction contract.

Training
The City of Yuba City Public Works Department will provide Title VI and related statute training to Public Works managers, supervisors, and staff with frequent public contact in the administration of federal-aid programs. These trainings will occur at minimum every two years, and within six months of hiring a new employee. The trainings will be conducted by the Title VI Specialist, online through presentations, or through trainings hosted by Caltrans. Additionally, links to Caltrans, FHWA, and other applicable agency resources for Title VI and related statutes will be posted on the City’s website at www.yubacity.net/TitleVI .

In particular, the following items will be covered in trainings:
 Review of Yuba City’s Title VI Implementation Plan and other relevant documents  Language assistance services and “I Speak Cards” offered for public use  How to handle potential complaints
 Where to seek assistance for Title VI questions and concerns Annual Work Plan
The City of Yuba City Public Works Department will annually establish and monitor program goals and accomplishments. The Title VI Specialist will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary.

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10 Appendix A

LIMITED ENGLISH PROFICIENCY PLAN
Background
Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” requires that Federal agencies work to ensure that the recipients of Federal financial assistance provide meaningful access to their Limited English Proficiency (LEP) applicants and beneficiaries.

As such, local agencies are required to ensure that Federally-funded programs and activities normally provided in English are accessible to LEP Persons. Each local agency shall perform an annual assessment to determine if modifications are needed to their programs and activities to ensure meaningful access by LEP persons. The assessment which is referred to as a “FourFactor” analysis is based on the following factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

2. The frequency of LEP contacts.

3. The nature and importance of the programs, services, or activities provided by the City of Yuba City.

4. The resources available for LEP persons
The City of Yuba City is approximately 40 miles north of Sacramento and has a population of approximately 62,000 (US Census: American Community Survey 2015-2019 5-Year Estimate).

Of the 62,000 residents, approximately 20.1% of the residents are Spanish speaking, and 18.3% of the residents are Other Indo-European Language speaking. Based on the large Sikh population in Yuba City (nearly 12,000) it is safe to assume that the primary language of the Other IndoEuropean Languages listed in the Census is Punjabi.

Four-Factor Analysis

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

As shown in Table 1 below, Yuba City has approximately 61,886 residents. 11,943 (19.3%) of residents in Yuba City are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish (12,449, 20.1% of the community) and Other Indo-European Languages (11,306, 18.3% of the community, assumed majority language is Punjabi due to large Sikh population). The remaining 1,196 (1.93%) of the population speak Asian and Pacific Island languages or other languages.

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11 Table 1: Languages Spoken in Yuba City’s Residents
Language Spoken
Group
Population
Group’s
Percentage
of
Population
Portion of
Group that
Speaks
English Very
Well
Portion of
Group That
Does Not
Speak English
Very Well
English Only 36,935 59.7% 36,935 (100%) 0 (0%)
Spanish 12,449 20.1% 6530 (52.5%) 5,919 (47.5%)
Other Indo-European
Languages
11,306 18.3% 5818 (51.5%) 5,488 (48.5%)
Asian and Pacific Island
Languages
1,174 1.9% 646 (55.0%) 528 (45.0%)
Other Languages 22 0.03% 14 (63.6%) 8 (36.4%)
Total Population Above 5 Years 61,886 100% 49,943 (80.7%) 11,943 (19.3%) Source: US Census: American Community Survey 2015-2019 5-Year Estimate https://data.census.gov/cedsci/table?tid=ACSST5Y2019.S1601&g=1600000US0686972

2. The frequency of LEP contacts.

No data has been collected regarding frequency of contact with LEP persons at the City. Most interactions with LEP persons occur at the City’s Finance Department due to residents paying utility bills. Based on observation from Finance Department front-counter staff, the frequency for translation from Spanish to English is on average once per day. The frequency for translation from Punjabi to English is on average once per week. Currently the City’s Human Resources Department retains a list which lists all City staff which are certified translators for various languages. If front counter staff that speak either Spanish or Punjabi are not available, City staff will reach out to a certified translator from the list.

Public Works staff does not regularly receive requests for translation through Federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation in a timely manner.

3. The nature and importance of programs, services, or activities provided by the City of Yuba City.

From observation provided by Public Works staff, it is rare that translation services are requested for programs, services, or activities which are Federally-funded. As stated above, the front counter Staff with the City’s Finance Department are the ones who most frequently encounter LEP persons requesting and/or needing translation services.

Though Public Works Staff has received very few requests for translation services on Federallyfunded projects, programs and services, Staff is keenly aware that almost twenty percent of the City’s residents are LEPs and therefore it is highly likely that LEPs will be stakeholder in any of the said projects, programs and services. As such, when Staff has encountered the need for translation services, Staff has provided the services readily.

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12 4. The Resources Available for LEP persons.

After a review of the City’s currently available resources for LEP persons, the City has determined that the current available resources are lacking and inconsistent. The City will remedy the lack of resources, through the action plan listed in the next section.

Action Plan
In order to ensure compliance with Title VI, and Executive Order 13166 the following publications and services will be made available for LEP person use:
 Non-Discrimination Policy Statement
o Statement shall be printed in English, Spanish and Punjabi. Said statement will be posted in the City Hall lobby in a highly visible location.  Title VI Rights Poster
o Posters shall be printed in English, Spanish and Punjabi. Said posters will be posted in the City Hall lobby in a highly visible location, and additional copies will be available for the public to review and take.
 Title VI Complaint Form
o Complaint forms shall be printed in English, Spanish and Punjabi. Said forms will be in the City Hall lobby in a highly visible location.  I Speak Cards
o I Speak Cards will be produced to easily identify translation services needed for English, Spanish, and Punjabi. Said cards will be placed at all public counters and with the other Title VI information.
 Title VI Webpage on City’s Website
o All of the City’s Title VI resources will be posted on the City’s website at the following link: www.yubacity.net/TitleVI
 Future Planning and Projects
o Public Works will ensure that all future projects and planning documents that are federally-funded utilize outreach methods that are compliant with Title VI and other related non-discriminatory assurances.
o Additionally, the City will ensure that outreach materials are available in English, Spanish, and Punjabi, and that translators are readily available as necessary for any LEP Persons that would like to contribute or participate.

Lastly, the Title VI Specialist will request an updated list of certified translators from the Human Resources Department every six months, and distribute said list to those who are likely to encounter LEP persons, such that a translator can be contacted the moment one is needed.

To ensure continuous compliance, the City will review the Title VI Implementation Plan and Limited English Proficiency Plan regularly, but at a minimum, as new data from the US Census becomes available. As new regulations are created, the City will act promptly to update the existing plans and relevant resources.

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13 Appendix B

YOUR RIGHTS AGAINST DISCRIMINATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND

RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law:

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) Section 504 of the Rehabilitation Act of 1973
The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) The Civil Rights Restoration Act of 1987 (Public Law 200-209) Executive Order 12898 (issued February 11, 1994)
Executive Order 13166 (issued August 16, 2000)
Any person who believes that they have been discriminated against may file a written complaint with the City of Yuba City Public Works Department, within 180 days of the alleged discrimination. Additional information and Title VI Complaint Forms can be obtained on the City of Yuba City’s website, at the following location:
www.yubacity.net/TitleVI . Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall.

To file a Title VI discrimination complaint, please use the following contact information:

Yuba City Public Works
1201 Civic Center Boulevard
Yuba City, CA 95993
(530) 822-4632
[email protected]

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14 Appendix C

TITLE VI COMPLAINT FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Yuba City Public Works Department, please complete the below information and submit this form to:

Yuba City Public Works
1201 Civic Center Boulevard
Yuba City, CA 95993
(530) 822-4632
[email protected]
Name:

Address:

City: State: Zip Code:

Cell: Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Race Sex Religion
Color Age Sexual Orientation
National Origin Disability Gender Identity
Other (Please Describe):

Date(s) that alleged event(s) took place:

Location(s) where the alleged event(s) took place:

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15 Is the alleged discrimination still ongoing?:

In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:

Please list any person(s) we may contact for additional information to provide further information for your complaint:

Have you filed this complaint with any other federal agency, state agency, federal court, or state court?:

If yes, please check all that apply:

Federal Agency Federal Court
State Agency State Court
Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: Date:

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16 Appendix D
US DOT Title VI Assurances A-E

APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.

Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

1. withholding payments to the contractor under the contract until the contractor complies; and/or

2. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

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17 APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the California Department of Transportation, its successors and assigns.

The California Department of Transportation, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

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18 APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,

FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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19 APPENDIX D
CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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City of Yuba City
20 APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: SB 1383 Recycled-Content Paper Procurement Policy Recommendation: Establish an internal City policy for the procurement of recycled-content paper and paper products and necessary recordkeeping in accordance with Senate Bill 1383
Fiscal Impact: Staff time to digitally record paper procurement and submit required reports Purpose:

To meet the SB 1383 Short-lived Climate Pollutant Reduction Act of 2016 (SB 1383) compliance regulations for local jurisdictions by establishing a policy for procurement of recycled-content paper and recordkeeping by staff.

Council’s Strategic Goal:

This item addresses the City Council’s Strategic Goal of Fiscal Responsibility by establishing a policy which complies with state regulations while continuing to responsibly purchase materials and supplies.

Background:

In September 2016, SB 1383 established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy; it includes statewide goals to reduce the disposal of organic waste and recover edible food for human consumption.

SB 1383 regulations include a requirement for local jurisdictions, including the City of Yuba City, to implement a recycled-content paper procurement system which directs and tracks that the writing/printing paper and paper products purchased by the agency are, at minimum, 30% recycled content IF the cost and fitness are equal. This also matches recycled materials requirements in the Public Contract Code.

Analysis:

While a codified ordinance or official City policy are not required by the local jurisdictions, staff and the City Attorney’s office believe that an officially established internal City policy is the best means to

ensure that the SB 1383 purchasing, recordkeeping, and reporting requirements are met. The prepared policy was developed using the CalRecycle model policy as a template, with some adjustments made to best fit the City departments and the recently updated policies and procedures for purchasing (Attachment 1).

The Recycled-Content Paper Procurement Policy requires that:
 Staff purchase writing/printing paper and paper products, as defined by CalRecycle, that is 30% recycled content if the quality and price are equal to non-recycled paper goods  Staff is to log paper purchases in an electronic log and upload all paper purchase receipts, both recycled and non-recycled, to the City’s digital archive  The Purchasing Officer or designee will prepare and submit an annual report of the paper purchases to CalRecycle as part of the annual SB 1383 reporting requirements Once approved by Council, staff will develop and implement the procurement and recordkeeping procedures across all departments.

Fiscal Impact:

Staff time will be required to log paper purchases and upload receipts to the digital archive in order to meet SB 1383 recordkeeping requirements, as well as prepare and submit the annual report. There should be no change to actual expenditures on paper supplies, as the policy only requires the purchase of recycled-content items if they are equal to or less than non-recycled items. At this time, recycledcontent printing/writing paper is on average about 20% higher in cost than non-recycled and janitorial recycled paper supplies are competitively priced with non-recycled.

Alternatives:

There are no alternatives to compliance with SB 1383; however, the City could modify the policy to alter or eliminate price comparison and establish a preference for recycled-content paper procurement.

Recommendation:

Establish an internal City policy for the procurement of recycled-content paper and paper products and necessary recordkeeping in accordance with Senate Bill 1383.

Attachments:

1. SB 1383 Recycled-Content Paper Procurement Policy Attachment 1 Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst I
Diana Langley
City Manager

ATTACHMENT 1

01248.0014/785377.1
City of Yuba City
Recycled-Content Paper
Procurement Policy
May 17, 2022

City of Yuba City
Recycled-Content Paper Procurement Policy
Updated May 2022
01248.0014/785377.1 -1-

RECYCLED-CONTENT PAPER PROCUREMENT POLICY

1. Purpose
The purpose of this Recycled-Content Paper Procurement Policy is to provide the framework by which to meet the City of Yuba City’s compliance requirements for Senate Bill 1383. All procurement described herein must also follow the City’s Purchasing Policies and Procedures.

2. Definitions
The following words, terms and phrases, when used in this Policy, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The following definitions are excerpted from the SB 1383 regulations, and as such are subject to change as the regulations and resulting code shall subsequently be amended or reorganized.

A. “City” means the City of Yuba City.

B. “Electronic Tracking System” means the electronic archive and/or log established by the City’s Purchasing Officer or their designee to track procurement and maintain records of recycled-content paper procurement efforts by the City, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.

C. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

D. “Printing and Writing Paper” includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). L.

E. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

F. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

City of Yuba City
Recycled-Content Paper Procurement Policy
Updated May 2022
01248.0014/785377.1 -2-
G. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

H. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

I. “State” means the State of California.

3. Requirements for City Departments
A. If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013). Further criteria for meeting this Policy’s requirements for recycled-content paper are included in Section 5.

C. Upload records to the Electronic Tracking System of all Paper Products and Printing and Writing Paper purchases within sixty (60) days of purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include:
i. Copy of the invoice or other documentation of purchase ii. Written certifications as required in Section 5.A.3-4 for recycled-content purchases
iii. Vendor name
iv. Purchaser name
v. Quantity purchased
vi. Date purchased
vii. Recycled content (including products that contain none)

City of Yuba City
Recycled-Content Paper Procurement Policy
Updated May 2022
01248.0014/785377.1 -3-
viii. If non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided

5. Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:

1. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of nonrecycled item, and available at equal or lesser price.

2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

5. Provide records to the vendor’s City contact of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the City.

These records then shall be entered into the Electronic Tracking System by the City department or division or employee. Records shall include:
i. Copy of the invoice or other documentation of purchase ii. Written certifications as required in Section 5.A.3-4 for recycled-content purchases
iii. Vendor name
iv. Purchaser name
v. Quantity purchased
vi. Date purchased
vii. Recycled content (including products that contain none)

City of Yuba City
Recycled-Content Paper Procurement Policy
Updated May 2022
01248.0014/785377.1 -4-
viii. If non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided
B. All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.

SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. Each City department will be responsible to assign one or more employees the responsibility for obtaining records pertaining to Procurement of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper as described below.

1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all divisions and employees within the department procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.3.

2. Upload these records, as described in Section 4.C, into the current Electronic Tracking System. At the time of Policy adoption, the Electronic Tracking System consists of two components: a spreadsheet log (Microsoft Excel) on the City’s shared drive to log the purchases and a designated location for “Paper Procurement” within the City’s digital archive (Docuphase) to upload and index the records.

B. The City’s Purchasing Officer or designee will be responsible to compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper consistent with the recordkeeping requirements contained in 14 CCR Section 18993.4 for Recycled-Content Paper Products and RecycledContent Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with the City Council annually as evidence of implementing this Policy.

City of Yuba City
Recycled-Content Paper Procurement Policy
Updated May 2022
01248.0014/785377.1 -5-
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect immediately.

Agenda Item 18

CITY OF YUBA CITY

STAFF REPORT
Date: May 17, 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 one (1) additional 2WD Chevrolet Tahoe Police Pursuit vehicle to Wheeler Chevrolet of Yuba City, CA in the amount of $42,613.07 (includes extended warranty), based on the Formal Bid (FB22-07) awarded pricing, and sole source the equipment purchase and installation to Cop Shop Installations of Yuba City, CA in the estimated amount of $9,465.15
B. Authorize the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the purchase of one (1) Chevrolet Tahoe Police Pursuit Vehicle in the amount of $52,078.22
Fiscal Impact: $42,613.07 for the vehicle and extended warranty plus an additional $9,465.15 for the equipment and installation. Funding is available from payment received from Farmers Insurance in the amount of $51,432.55 and the additional funding required is available in the Vehicle Replacement Fund #6610-69401.

Purpose:

Purchase of one (1) Chevrolet Tahoe 2WD Police Pursuit Vehicle.

Council's Strategic Goal:

This supports Council's Strategic Goal of Public Safety.

Background:

Patrol Unit 19-11 (Chevrolet Tahoe PPV) was totaled as a result of a collision that occurred in 2021.

Since that time, the Police Department has been without that vehicle or a replacement. The City will receive a total payment amount of $51,432.55 from Farmers Insurance as a payout from the collision.

This amount includes the replacement and installation of the damaged equipment caused from the collision. This vehicle was not included in the FY 22/23 budget request process as the insurance payout had not been settled for the damaged vehicle.

With the expected purchase of an additional Chevrolet Tahoe 2WD Police Pursuit vehicle, the City must also fit the vehicle 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 in March 2022. Bid notifications were issued to thirteen (13) vendors throughout California and the following bids were received:

Vendors Price
Wheeler Chevrolet $40,399.01 (original bid) +
Yuba City, CA $ 2,214(extended warranty, see below)
= $42,613.07
Winner Chevrolet $44,034.88
Elk Grove, CA
The City recently awarded the purchase of five (5) Chevrolet Tahoe Police Pursuit Vehicles, which will be ordered on May 19, 2022, to Wheeler Chevrolet with an estimated delivery date of 120 days after being ordered. Unit 19-11 was totaled as a result of a collision in 2021. This vehicle was not a part of the FY 22/23 budget request process or previous staff report because a settlement had not been reached with Farmers Insurance. At the conclusion of the settlement agreement, the Finance Department will receive a total payment from Farmers Insurance in the amount of $51,432.55 for the damages to Unit 19-11. All police related equipment from 19-11 that was not damaged from the collision is able to be repurposed for the new vehicle. The total cost to replace unit 19-11, including the purchase of a 5 year/100K mile extended warranty, and installation of equipment, is estimated at $52,078.22. There is an estimated $27,486 in additional funds available in the Vehicle Replacement Fund to cover the $646 difference between the insurance payout and total vehicle cost. If approved, the replacement for unit 19-11 will be added to the Chevrolet Tahoe Police Pursuit Vehicles being ordered by Wheeler Chevrolet on May 19, 2022.

On April 19, 2022, the City authorized Cop Shop Installations to perform the equipment installation on the initial five (5) Chevrolet Tahoes that were awarded to be purchased from Wheeler Chevrolet. The City would like Cop Shop Installations of Yuba City, CA to perform the installation of all of the equipment that will be going into the replacement vehicle for Unit 19-11. The City has worked with Cop Shop Installations and has been satisfied with the work done 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 of an additional vehicle to Cop Shop Installations.

Fiscal Impact:
$42,613.07 for the vehicle and extended warranty plus an additional $9,465.15 for the equipment and installation. Funding is available from payment received from Farmers Insurance in the amount of $51,432.55 and the additional funding required is available in the Vehicle Replacement Fund #6610- 69401.

Alternatives:

1. Reject the bid

2. Request new bid process

3. Do not purchase a replacement vehicle
Recommendations:

A. Adopt a Resolution awarding the purchase of one (1) additional 2WD Chevrolet Tahoe Police Pursuit vehicle to Wheeler Chevrolet of Yuba City, CA in the amount of $42,613.07 (includes

extended warranty), based on the Formal Bid (FB22-07) awarded pricing, and sole source the equipment purchase and installation to Cop Shop Installations of Yuba City, CA in the estimated amount of $9,465.15.

B. Authorize the Finance Director to record a supplemental budget appropriation to account 6610- 69401 for the purchase of one (1) Chevrolet Tahoe Police Pursuit Vehicle in the amount of $52,078.22.

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 ONE (1) 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 is receiving an insurance payout from Farmers Insurance for a collision that totaled Patrol Unit 19-11 and seeks to use the payout to replace Unit 19-11; and WHEREAS, the City recently awarded Wheeler Auto Center the Formal Bid (FB) 22-07 on April 19, 2022 to purchase five (5) Police Pursuit Chevrolet Tahoes; and WHEREAS, the City is recommending awarding the purchase of the one (1) additional Chevrolet Tahoe Police vehicles to Wheeler Auto Center of Yuba City, CA based on the FB22- 07awarded pricing; 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 was recently authorized to perform the equipment installation on the initial five (5) Police Pursuit Tahoes that were approved for purchase on April 19, 2021; 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 one (1) additional Chevrolet Tahoe Police vehicle from Wheeler Auto Center in the not to exceed amount of $42,613.07, which includes the extended warranty on the vehicle, 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