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
JUNE 7, 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
JUNE 7, 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_rrTb6MeFTtegKob5d7VCig. 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 B. Public Employee Performance Evaluation (Pursuant to Government Code §54957(b)(1).) Position: City Manager
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. Open Counter Presentation
Public Communication
2. 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 request specific items to be discussed or removed from the Consent Calendar for individual action.
3. Minutes of May 10, 11, 17, and 24, 2022
Recommendation: Approve minutes of May 10, 11, 17, and 24, 2022
4. Domain Estates Phase 3 (Subdivision Agreement and Final Map Approval) Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with Crowne Communities Domain Estates LLC
providing for public improvements associated with the Domain Estates Phase 3 Subdivision Map, approving the Domain
Estates Phase 3 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located west of Blevin Road and north of Janice Way)
5. Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit K_18 (Domain Estates – Unit III)
Recommendation: Adopt a Resolution confirming and ordering annexation of the parcel associated with the Domain Estates – Unit III
Development, APN 59-530-027 into the existing Yuba City
Lighting and Landscape Maintenance District No. 5, Zone of Benefit K_18 and establishing a levy of assessments for the annexed territory
6. Cooperative Agreement – City/County Sanborn Road Project Recommendation: Adopt a Resolution authorizing the Public Works Director to execute a Cooperative Agreement with the County of Sutter for roadway improvements associated with the City’s portion of Sanborn Road in the County’s FY2020-21 Road Overlay
Project
7. 2022 Striping and Marking Project (Plans & Specifications) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and
authorizing advertisement for bids for the 2022 Striping and Marking Project
8. Proposed City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Monday, November 21, 2022 through Friday, November 25,
2022 and for Monday, December 26, 2022 through Monday,
January 2, 2023
9. Approve PARS Amended and Restated Plan Document
Recommendation: Adopt a Resolution:
A. Approving the PARS Amended and Restated Plan
Document
B. Authorizing the City Manager to execute the PARS
Amended and Restated Plan Document on behalf of the City
10. Salary Schedule Changes
Recommendation: Adopt a Resolution:
A. Approving an updated City salary schedule that eliminates unused classifications and includes one title change
B. Approving removal of the salary schedule item tied to the five (5) percent salary increase for the Fire Captain temporarily assigned by the Fire Chief to Fire Prevention (so that the increase can more properly be accounted for and report to CalPERS as a special compensation item)
C. Approving side letters with bargaining units incorporating salary schedule changes
11. Fire Mutual Aid Deployment Staffing and Compensation Policy Recommendation: Adopt a Resolution approving Side Letters with the MidManager group and Fire Management group, and an Amendment to Chief Alexander’s Employment Agreement,
Exhibit B
12. Yuba City Firefighters’ Local 3793 Wage Reopener Side Letter
Recommendation: A. Adopt a Resolution approving a wage reopener side letter with Yuba City Firefighters’ Local 3793
B. Approve a supplemental appropriation to 2310-61210 in the amount of $942,900
C. Approve a supplemental appropriation to 2310-61430 in the amount of $236,000
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $1,178,900
13. Public Employees Union, Local 1 Wage Reopener Side Letter Recommendation: A. Adopt a Resolution approving a wage reopener side letter with the Public Employees Union, Local 1
B. Approve supplemental appropriations as required to the impacted divisions in the five funds: General, Water,
Wastewater, SASA, and Vehicle Maintenance
C. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $388,000
Business Items
14. Adoption of the City of Yuba City's Fiscal Year 2022-2023 Operating and Capital Budgets and Fiscal Year 2022-2023 Appropriations Limit
Recommendation: A. Adopt a Resolution approving the proposed Fiscal Year 2022-2023 Operating Budget
B. Adopt a Resolution approving the Fiscal Year 2022-2023 Capital Improvement Project Budget. Project Summaries by Funding Source are attached to the Resolution
C. Adopt a Resolution approving the City’s Appropriations Limit for Fiscal Year 2022-2023
15. Mayor/Vice-Mayor Rotation Policy
Recommendation: A. Introduce an Ordinance of the City Council of the City of Yuba City, California, Amending Section 2-1.01(g) of Chapter 1 of Title 2 of the Yuba City Municipal Code (Mayor/Mayor ProTem Rotation) by title only and waive the first reading B. Adopt a Resolution of the City Council of the City of Yuba City, California, establishing a process for selection of Mayor and Vice Mayor for a District-based system of elections, with the requirement the Mayor must have served on the Council within the last ___ years, and the Vice Mayor within the last ____ years, in order to be eligible for appointment
Future Agenda Items
16. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
17. City Manager's Report
18. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
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/
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 3
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of May 10, 11, 17, and 24, 2022
Recommendation: Approve minutes of May 10, 11, 17, and 24, 2022 Fiscal Impact: N/A
Attachments:
1. 05-10-2022 - Special Closed Session Minutes (DRAFT)
2. 05-11-2022 - Special Meeting Workshop Minutes (DRAFT)
3. 05-17-2022 - Regular Meeting Minutes (DRAFT)
4. 05-24-2022 - Special Meeting Budget Workshop Minutes (DRAFT) Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
NOTICE AND CALL OF SPECIAL MEETING
MAY 10, 2022
5:30 P.M. – CLOSED SESSION
Special Closed Session – Sutter Room/Virtual
The Special Meeting of the City Council was called to order in the Sutter Room by Mayor Shaw at 5:31 PM
Roll Call:
Present: Mayor Shaw, Vice Mayor Kirchner, 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 reportable action
Adjournment
[Councilmember Espindola departed the meeting at 6:25 PM] Mayor Shaw adjourned the Special Closed Session Meeting at 7:20 PM __________________________
Dave Shaw, Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
ATTACHMENT 2
MINUTES (DRAFT)
NOTICE AND CALL OF SPECIAL MEETING
MAY 11, 2022
7:00 A.M. – SPECIAL MEETING
Special Meeting – Harvest Room
Mayor Shaw called the Special Meeting of the City Council to order at 7:30 AM Roll Call:
Present: Mayor Shaw and Councilmembers Kirchner, Boomgaarden, Espindola and Harris
Absent: None
Business from the Council
1. City Council Team Building and Training Workshop
Facilitated by Juan Lopez, Amistad and Associates
Adjournment
The Special Meeting was adjourned by Mayor Shaw at 1:05 PM ____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
ATTACHMENT 3
MINUTES (draft)
CITY COUNCIL - CITY OF YUBA CITY
REGULAR MEETING – MAY 17, 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
Dan Callahan, First Baptist Church of Yuba City
Pledge of Allegiance to the Flag
Scott Chandler, Deputy Director Public Works - Maintenance
City Attorney's Report on Closed Session Items
No reportable action was taken
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations
1. Sutter Marine, Inc., Retirement Proclamation
Mayor Shaw presented a proclamation to Brian and Charlene Tahara, owners of Sutter Marine, Inc.
2. National Public Works Week Proclamation
Mayor Shaw presented a proclamation to Ben Moody, Director of Public Works and Public Works staff.
3. National Police Week Proclamation
Mayor Shaw presented a proclamation to Chief Baker and Police Department staff.
4. Open Counter Presentation
No presentation given. Continued to next regular meeting: 6/7/22.
5. Sam Brannan Park Presentation
Brad McIntire, Community Services Director gave a presentation.
Public Communication
6. Appearance of Interested Citizens
Raji Tumber spoke
Piara Johl spoke
Tej Mann spoke
Consent Calendar
Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:
7. Minutes of April 19, 2022
Approve minutes of April 19, 2022
8. Salary Schedule Modifications in the Police Department Adopt a corrected Resolution amending the salary schedule and removing
assignment pay job class codes
9. Fire Management Memorandum of Understanding (MOU)
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
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) 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) 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) 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) 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)
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
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
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
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
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 Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners The motion was passed with a unanimous vote
Business Items
21. Community Sponsorship Request
Vice-Mayor Kirchner moved and Councilmember Boomgaarden seconded the motion to:
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 The motion was passed with a unanimous vote
22. Certifying Need for CalPERS 180-Day Wait Period Exception for Lynn Haile to be appointed as– Extra Help Accounting Manager
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:
Adopt a Resolution
A. Certifying the need for exception of the CalPERS 180-day wait period for Lynn Haile to be appointed as Extra Help- Accounting Manager B. Approving the employment agreement and appointing Lynn Haile as provided in the Resolution following approval by CalPERS
The motion was passed with a unanimous vote
23. Two (2) Dump Truck Chassis and (1) Aerial Tree Truck Award Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:
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
The motion was passed with a unanimous vote
24. Development Impact Fees – Ad Hoc Committee
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:
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
This motion was passed with 4 votes [Espindola abstained]
25. Barry Elementary School Waterline Extension Project (Plans & Specifications) Councilmember Boomgaarden moved and Councilmember Espindola seconded the motion to:
Heather Esemann spoke
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
The motion was passed with a unanimous vote
26. Mayor/Vice Mayor Rotation Policy Update to address By-District Elections Manny Cardoza spoke
Heather Esemann spoke
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
No suggestions
Reports and Communications
28. City Manager's Report
29. City Council Reports
- Councilmember Harris
- Councilmember Espindola
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 8:41 PM
____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
ATTACHMENT 4
MINUTES (DRAFT)
BUDGET WORKSHOP - MAY 24, 2022
5:00 P.M. COUNCIL CHAMBERS/VIRTUAL
Special Workshop
Mayor Shaw called the Special Meeting of the City Council to order at 5:04 PM Roll Call:
Present: Mayor Shaw and Councilmembers Kirchner, Boomgaarden, Espindola and Harris [Councilmember Harris arrived at 5:15 PM]
Absent: None
Lynn Haile led the Pledge of Allegiance to the Flag
General Items
1. Proposed Fiscal Year 2022 - 2023 Operating Budget and Capital Improvement Project Budget
Presentations by: Spencer Morrison, Finance Director
Lynn Haile, Accounting Manager
Ben Moody, Public Works & Development Services Director Public Comment: Heather Esemann spoke
Adjournment
The Special Meeting was adjourned by Mayor Shaw at 6:50 PM ____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 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 (Subdivision Agreement and Final Map Approval) Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with Crowne Communities Domain Estates LLC providing for public improvements associated with the Domain Estates Phase 3 Subdivision Map, approving the Domain Estates Phase 3 Subdivision Final Map, accepting dedication of rightsof-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located west of Blevin Road and north of Janice Way) Fiscal Impact: Costs and reimbursements in accordance with proposed Subdivision Agreement Purpose:
To approve the necessary agreement and final subdivision map that specify the terms for the Domain Estates Phase 3 Subdivision development.
Council’s Strategic Goal:
Executing a subdivision agreement, approving a final map, and accepting dedications does not directly meet one of the Council’s Strategic Goals. These actions are necessary to comply with the Subdivision Map Act and City policy to facilitate the private development project.
Background:
On January 27, 2021, the Planning Commission approved Tentative Map SM 20-05, Domain Estates Phase 3 Subdivision, to subdivide 4.11 acres into 13 single family residential parcels located west of Blevin Road and north of Janice Way (Attachments 2 and 3). The proposed lot sizes range from 7,413 square feet to 9,787 square feet.
Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop the necessary improvement plans and determine the terms of the Subdivision Agreement in accordance with the conditions of approval for the development and City policy.
Analysis:
The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal
Code. The process is summarized as follows:
Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on January 27, 2021.
Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of a Subdivision Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit. Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval. Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.
In order to proceed with the development, the property owner is to enter into a Subdivision Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the subdivision, and guarantees that the required public improvements will be constructed.
With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City as shown on Attachment 3. Road dedications include the right-of-way of Crowne Court, Kenneth Way, Sohaun Drive, and Tuly Parkway.
Fiscal Impact:
Costs and reimbursements for the public improvements are specified through the proposed Agreement.
Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check and inspection, North West Drainage Fee, and in lieu fees for the construction of the east half of Tuly Parkway totaling $276,795.21, of which $1,570.40 has already been paid on Building Permit 21090003.
Alternatives:
Delay or modify the recommended actions of approving a Subdivision Agreement or Final Map for Domain Estates Phase 3 Subdivision.
Recommendation:
Adopt a Resolution approving the execution of a Subdivision Agreement with Crowne Communities Domain Estates, LLC, providing for public improvements associated with the Domain Estates Phase 3 Subdivision Map, approving the Domain Estates Phase 3 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located west of Blevin Road and north of Janice Way).
Attachments:
1. Resolution - Domain Estates Phase 3 (Subdivision Agreement and Final Map Approval)
2. Domain Estates Phase 3 - Location 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
APPROVING A SUBDIVISION AGREEMENT WITH CROWNE COMMUNITIES DOMAIN ESTATES LLC FOR THE DOMAIN ESTATES PHASE 3, APPROVING THE DOMAIN ESTATES PHASE 3 FINAL MAP SUBDIVIDING LAND INTO 13 PARCELS TO CONSTRUCT
SINGLE-FAMILY RESIDENTIAL BUILDINGS, AND ACCEPTING FOR DEDICATION THE
PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS SHOWN THEREON WHEREAS, Crowne Communities Domain Estates LLC, (“subdivider”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Domain Estates Phase 3” ("final map"), pursuant to approved Tentative Map for Domain Estates Phase 3 ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and
WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and
WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,
WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the subdivider as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with a Subdivision Improvement Agreement approved by and between the City and the Subdivider; and
WHEREAS, the City Council now desires to approve the Subdivision Agreement with subdivider, approve the final map, and accept all dedications thereunder.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
1. Subdivision Agreement: The City Council approves the Subdivision Agreement with Crowne Communities Domain Estates LLC, attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.
2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.
3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Subdivision Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.
The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 7th day of June, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Subdivision Agreement
Exhibit “B” – Final Map (Domain Estates Phase 3, City of Yuba City)
01248.0005/696485.2 SLC
EXHIBIT “A”
Subdivision Agreement
Final Map of Domain Estates Phase 3
Subdivision
WHEN RECORDED MAIL TO:
City Clerk
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
NO FEE-Government Code §6103
Public Works Department
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
SUBDIVISION AGREEMENT
FINAL MAP OF DOMAIN ESTATES PHASE 3 SUBDIVISION
(Regarding Tentative Map No. 20-05, Domain Estates Phase 3 Subdivision)
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THIS AGREEMENT is made this ______ day of _____________________ 2022, by and between the City of Yuba City, a general law city, hereinafter referred to as "City," and Crowne Communities Domain Estates, LLC hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Yuba City.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, situated in the City of Yuba City, County of Sutter, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:
Lots 1 through 13, inclusive, of the Final Map of Domain Estates Phase 3 Subdivision according to the map thereof recorded on
_______________________, 20____ in Book ________ of Surveys at Page(s) , Sutter County Records.
B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified.
C. Section 8-2.809 of the Yuba City Municipal Code (“City Code”) requires Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 20-05 dated January 27, 2021 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.
D. Subdivider desires to construct the improvements and develop the Subject Property.
E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in
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consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree as follows:
1. The Subject Property is subject to the following:
a. Time for Performance. The work and improvements required by the Conditions of Approval shall be performed on or before 24 months of the effective date of this Agreement, except as otherwise specifically set forth in this Agreement. If Subdivider fails to complete such work within such period, City may (but is not required to) complete the same and recover the full cost and expense thereof from Subdivider. b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. PC 21-01, dated January, 2021 attached as Exhibit A and incorporated by reference. c. Unforeseen Delays and Extension Process. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. As a prerequisite for obtaining an extension, Subdivider must file a written request for a time extension with the City’s Public Works Director within 24 months of the effective date of this Agreement. The written request should set forth the facts and unforeseen causes giving rise to the delay, and must be accompanied by an updated Cost Estimate approved by the City Engineer. Subdivider must also pay an extension fee, if any, established by the most recent City Fee Schedule (“Fee Schedule”) based upon the higher of the initial or revised estimated total improvement cost for the Final Map. The Public Works Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdivider. The Public Works Director may also re-assess Performance Security, Payment Security and any other improvement security to increase the amount based upon the updated Cost Estimate and pursuant to the types and percentage amounts set forth in Paragraph 5 of this Agreement.
The Public Works Director shall give Subdivider written notice of the Director’s determination in writing, including any additional Performance Security, Payment Security or other improvement security amounts. The Director’s determination shall be final and conclusive. No extension of this Agreement shall be valid unless Subdivider shall provide City any additional improvement security within 20 business days after written notice of
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the Director’s determination. If no extension of time is granted, City shall refund the extension fee, less the cost of any staff time for processing the application, paid by Subdivider at the time of submittal of the request for extension.
2. Scope of Improvements. Subdivider agrees to construct and install, at Subdivider’s sole cost and expense, all of the streets, sidewalks, curbs, gutters, storm drainage facilities, water distribution facilities, sewer collection facilities, street lighting facilities, fire hydrants, landscaping and irrigation, and all other work and improvements depicted or required on the Improvement Plans for the Construction on Domain Estates Phase 3 Subdivision (City Drawing No. 5540-D), as approved by the City Engineer, and any approved amendments thereto, any Conditions of Approval required by Planning Commission Resolution No. PC 21-01, dated January 27, 2021, and in compliance with Chapter 2 of Title 8 of the City Municipal Code and the Subdivision Map Act (hereinafter collectively referred to as “Improvements”), which are incorporated by reference and made a part of this Agreement. Improvements shall be done in accordance with the construction standards contained in the most current edition of the City Standard Specifications and Details and, to the extent not addressed therein, in accordance with the State of California Department of Transportation Standard Plans and Specifications as amended by special provisions approved by the City Engineer.
3. Impact and other Fees. Subdivider shall pay to City the total fees and charges due as a condition of Final Map approval, including those required by City Code Section 8-2.803 and 8-2.1515, and Chapter 10 of Title 8 of the City Code, as they may be amended. The total fees and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit B, which is incorporated by reference.
4. Estimated Reimbursements for Certain Improvements. City shall pay to Subdivider those amounts, if any, shown in Exhibit C, which is incorporated by reference, at such time and only at such time as City has accepted those Improvements. Exhibit C represents City’s participation and contribution to the Improvements which City recognizes will ultimately inure to the overall benefit of City, both in connection with the subject development and in connection with future developments. In connection with the amounts set forth in Exhibit C, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties as contemplated by City Code Section 8-2.1501. The parties acknowledge since the subject Improvements have not been completed at the time of execution of this Agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation
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is incorporated into the calculations, including the amount of fee credits, if any. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance.
Calculations of costs are also based on information submitted by Subdivider to City. Payment of fees and any reimbursements shall be made at the rates and amounts established by the City Code, including pertinent provisions contained in City’s Fee Schedule.
5. Fee Credit Adjustments. With regard to fee credits including those referenced above and herein, Subdivider may receive designated fee credits from City as offsets toward a development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completely installed by Subdivider. Until then, and notwithstanding any other provision, Subdivider expressly agrees Subdivider has no right to any portion of any fee credit and the Public Works Director for City, in the Director’s sole discretion, may unilaterally amend this Agreement effective upon mailed notice to Subdivider to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any development impact fees, due from modification of the fee credit, prior to approval of the subdivision map or as may be deferred by a fee deferral covenant. If the subdivision map has already been approved, all such fees shall be promptly paid by Subdivider.
City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute.
6. Inspections. City shall inspect all Improvements. All Improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said Improvements and materials shall be done, performed and installed under the inspection of and to
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the satisfaction of the City Engineer.
7. Security. Prior to the approval by the City Council of the Final Map, Subdivider shall furnish to City the following improvement securities set forth in this paragraph. Improvement security shall be of the type as provided for in Government Code §66499 subject to review by the City Attorney and approval of the City Council. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney.
a. Performance Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement.
Performance Security shall be in the amount of $149,086 and in the form of a bond naming the City of Yuba City as obligee, or a certificate of deposit made payable only to the City of Yuba City, or cash.
b. Payment Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the amount of $149,086 and in the form of a bond naming the City of Yuba City as obligee, or in the amount of $74,543 in the form of a certificate of deposit made payable only to the City of Yuba City, or cash.
8. Damage Prior to Final Acceptance. Any damage to the work or Improvements constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work.
9. Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City.
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10. Warranty Security. To ensure Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a maintenance bond serving as warranty security shall be furnished to the City in the minimum amount of $71,280 which represents ten (10) percent of the total Engineer’s Estimate of Probable Cost, including portions of improvements already completed. The warranty security shall serve as a guarantee and warranty of the work for a period of one year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements.
11. No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.
12. Indemnification. Subdivider shall be obligated as follows:
a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; (v) Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractor’s failure to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement. b. Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
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of its officers, officials, employees, agents or volunteers. c. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a” and “b” of this Section.
Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law (including Section 2782.8 of the California Civil Code), from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. This Section shall survive termination or expiration of this Agreement.
13. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and
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completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000 aggregate for products and completed operations, and $1,000,000 general aggregate.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to Subdivider), with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate. d. WORKERS' COMPENSATION insurance as required under the California Labor Code.
e. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any selfinsured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
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occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Subdivider’s insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement.
Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.
Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
Subdivider shall furnish City with copies of the actual policies upon the request of City Attorney or the City Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for City, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for
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City to terminate this Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor.
14. Payment for Materials and Supplies. Subdivider and Subdivider’s subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.
15. Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with the Public Works Standards shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider.
16. Work by Subdivider. It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider to give the City Engineer written notice not less than two working days in advance of the actual date on which work is to be started.
Failure on the part of Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.
17. Inspections. Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdivider of any obligation to fulfill the Agreement as prescribed. Defective
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work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted.
18. Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.
19. Compliance with Conditions of Approval; Easements. In addition to the Covenants affecting land development, if any, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 20-05 dated January 27, 2021, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdivider’s completion of all required improvements to said parcels. Subdivider’s compliance with such conditions shall be completed within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply.
20. Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, ordinances, codes, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. It shall be the sole responsibility of Subdivider to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Subdivider agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Subdivider shall indemnify, defend, and hold harmless City and its officials and employees against any failure to comply with such laws, ordinances, codes, regulations, and rules. Subdivider shall comply with the codes or ordinances of City including the City Code and Building Codes.
21. Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
22. Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s
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Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
23. Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
24. Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Sutter County Recorder.
25. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
26. Successor Statutes Incorporated. All references to a statue or ordinance shall incorporate any or all successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to Subdivider under this Agreement.
27. Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.
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28. Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
29. No Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider without the written consent of City.
30. Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
31. Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
32. Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
33. Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City’s Director of the Department of Public Works issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Sutter County Recorder.
34. Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.
35. Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes
Subdivision Agreement
Final Map of Domain Estates Phase 3
Subdivision
all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. ****
[Signatures on Next Page]
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement
CITY OF YUBA CITY,
a General Law City
By:
Diana Langley, City Manager
ATTEST
By: _______
Ciara Wakefield, Deputy City Clerk
Dated: ______________________
APPROVED AS TO FORM:
By:
Shannon L. Chaffin,
City Attorney
SUBDIVIDER
Crowne Communities Domain Estates,
LLC, a California Limited Liability
Company
By: Its Manager, Crowne Development,
Inc.
By:
Kalbir S. Takhar
Title________________________
Dated:_________________________
*(Attach Notary Acknowledgments)
Attachments:
Exhibit A: Planning Commission Resolution No. PC 21-01 – Conditions of Approval Exhibit B: Impact Fees and Other Fees Due Payable by Subdivider Exhibit C: Fee Credits and Reimbursements Payable by City
EXHIBIT A
PLANNING COMMISIION RESOLUTION NO. PC 21-01
CONDITIONS OF APPROVAL
1 PLANNING COMMISSION RESOLUTION NO. PC21-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) APPROVING TENTATIVE SUBDIVISION MAP (TSM) 20- 05, DOMAIN ESTATES PHASE 3, CREATING 13 SINGLE-FAMILY RESIDENTIAL PARCELS ON 4.11 ACRES, LOCATED ON THE NORTH SIDE OF THE TERMINUS OF KENNETH WAY, JUST WEST OF BLEVINS ROAD (ASSESSOR’S PARCEL NUMBER 59-530-027).
WHEREAS, the City received a tentative subdivision map application for this property in October, 2020 to subdivide the approximately 4.11-acre property. TSM 20-05 would create 13 single-family residential lots. The new single-family residential lots will be provided full City services.
WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, the Planning Commission reviewed related Environmental Assessment 20- 11 considering a Mitigated Negative Declaration (MND) prepared for the project, which provided mitigations to reduce significant impacts to less than significant; and WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision was consistent with the General Plan and Zoning Regulations; and WHEREAS, the City on January 7, 2021 published a legal notice and a public hearing notice was mailed to each property owner within at least 300 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on January 27, 2020; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 27, 2020 and considered all of the project and environmental information presented by staff, public testimony and all of the background information.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City resolves and orders as follows:
Environmental finding: The Planning Commission finds that an environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, the Commission finds that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment will occur. The specific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration. With project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect or cumulative effects on the environment.
2 Subdivision Findings: None of the findings required by Yuba City Municipal Code Section 8-
2.609, and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project:
a. The proposed tentative subdivision map is not consistent with the applicable general plan and specific plan.
b. The design and improvement of the tentative subdivision map is not consistent with applicable general and specific plans or adopted City standards. c. That the site is not physically suited for the density of development. d. That the site is not physically suited for the type of development. e. That the design of the subdivision map or likely improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision maps or the type of improvements is likely to cause serious public health problems.
g. That the design of the subdivision map or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Evidence:
a. The proposed 13 lots on 4.11 acres are designated in the General Plan as LDR which provides for a gross residential density range of 2 to 8 residences per acre. This proposal is for approximately 3.16 residences per acre, which is well within the General Plan density range standard. There are also no general plan level streets directly impacted by this subdivision nor will the 13 new residences adversely impact the level of service for any General Plan streets. Therefore, there are no inconsistencies with the Circulation Element. The proposed 13 new residences are consistent with the Housing Element’s call for more housing. The project is not within a specific plan. b. As discussed in part a. above, this residential land division meets all General Plan consistency requirements. The project is conditioned to meet all City development and improvement standards including water, wastewater and stormwater drainage systems, street cross-sections, streetscape landscaping, and parks. Each new lot exceeds the minimum lot size requirements of the R-1 Zone District. c. The site is flat and has all City services available to it or, in the case of stormwater drainage, the system will be designed and constructed to connect to a larger drainage system operated by the Sutter County that serves the greater area. The environmental document prepared for the project did not find any inadequacies of the property that would provide concerns for the development of the property. d. The area where the proposed residential land division is located is designated by the General Plan for single-family residential development. As previously discussed, all City services will be brought to the property.
e. Based on the mitigated negative declaration prepared for this project, the project will not create any significant environmental impacts.
NVES
N
N V E
S
1 CITY OF YUBA CITY
CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 20-05
APRIL 20, 2021
DOMAIN ESTATES III
APN: 59-530-027
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through tentative subdivision map review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within 10 days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.
These conditions are applicable to any person or entity making use of this tentative subdivision map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this tentative subdivision map.
CONDITIONS OF APPROVAL
1. The applicant/property owner agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, damages, liability or actions arising out of or connected with this Agreement, except to the extent such liabilities are caused by actions of the City.
2 2. The lot design on the subdivision maps shall be designed in conformance with the TSM 20-05, as appropriate, and as approved by the Planning Commission.
3. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 20-11 dated January 7, 2021.
4. Lots 1, 2, 4, 5, 6, 7, 8, 9, 11, and 12 are to be limited to single-story construction.
4.1 Developer shall provide a total of eight (8), 15-gallon sized trees of a species type of either:
• Laurus nobilis ‘Saratoga’ – tree form (Grecian Bay Laurel) • Photinia fraseri – tree form (Red tip Photinia)
• Xylosma congestum – tree form (Shiny Xylosma)
• Rhus lancea
Selected by the adjacent resident; Smith, located at 1975 Elmer Road. The trees are to be provided for screening associated with the potential construction of two-story residence(s) on Lots 10 and 13. The installation of the trees will be completed by a landscaper hired by the adjacent resident and installed on their property at the discretion of the resident, who shall provide the proposal from the landscaper in advance of installation, for Developer to confirm approval and to reimburse the cost to install the trees. Tree delivery and cost reimbursement is to occur prior to acceptance of the public improvements or as otherwise determined by the Development Services Director.
5. To help contain fugitive dust, construction sites shall be watered down during the construction phase of the project or as directed by the Public Works Department.
6. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
7. The Developer, at their expense, shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections. The City will only perform necessary testing to assure compliance.
8. Storage of construction material is not allowed in the travel way.
9. The only hard surface (concrete or pavers) that can be placed in the street planter area other than the standard driveway serving the residence is 18” wide strips to accommodate the wheel path of vehicles unless authorized/approved by the Public Works Director.
10. A Subdivision Agreement outlining any costs (hot tap, connection fee, fair share contributions, City drainage, etc.) associated with the development shall be accepted by the City prior to recordation of map, or prior to approval of the Improvement Plans, whichever comes first.
3 PRIOR TO ISSUANCE OF A GRADING PERMIT
11. The improvement plans for the development of the subject property shall include all measures required to ensure that no increased drainage runoff resulting from the development of the property flow onto the adjacent residential or agricultural lands or that the development will not impede the drainage from those properties. The rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required they shall be constructed of concrete or masonry block.
PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS
12. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of Improvement Plans the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.
13. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
14. The decorative masonry block wall that is to be located along Tuly Parkway shall match the design and materials of the existing block wall to the south of this proposed development. Design details of the wall shall be included as part of the improvement plans and samples must be approved by the Development Services Director prior to its construction.
15. The ultimate right-of-way of Tuly Parkway is to be dedicated on the Final Map. The right-of-way shall be aligned with the existing right-of-way to the south, and meet City requirements as approved by the Public Works Director. Improvements, including but not limited to, are the east curb, gutter, sidewalk, street trees, street lights, and block wall are to align with the southern existing improvements and taper accordingly.
The right-of way line shall be located behind the block wall.
16. Street A shall be designed to a width of 18.5 feet centerline to back of curb. Rightof-way shall be dedicated to a width of 23.0 feet. Street improvements shall include the asphalt / aggregate base road section, curb, gutter, a 4.0-foot-wide attached sidewalk, and streetlight(s). Provisions shall be made to place an asphalt road section, a min. 3 inches thick in such a manner, on Street A, to accommodate the maneuvers of emergency vehicle turn-around movements. Asphalt is to be placed the full ½ street width of Street A, to an approved point being a min. 40 feet west of the curb return on Street A. A 12.0-foot-wide public utility easement shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk.
17. The Developer has two roadway design options for of the interior residential streets:
a. Detached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Rightof-way shall be dedicated to a width of 38.0 feet together with a 19.5-foot Public Service Easement (PSE) behind the right-of-way. Frontage improvements shall include street section, curb, gutter, 6.0-foot-wide landscape parkway strip (measured from back of curb), 4.0-foot-wide
4 sidewalk, street trees, and streetlights. A 12.0-foot-wide public utility easement shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk.
i. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each individual lot improvement. The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance.
ii. The landscaping in the parkway strip is to have a coordinated theme referenced on the public improvement plans, or as approved by the Development Service Director.
b. Attached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Rightof-way shall be dedicated to a width of 46.0 feet. Frontage improvements shall include street section, curb, gutter, a 4.0 foot wide attached sidewalk, and streetlights. A 12.0-foot-wide public utility easement shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk. i. At minimum, one City approved street tree shall be planted in the front yard of each lot. Any variation as to location of tree and/or type of tree shall be approved by the Development Services Director. ii. The landscape plan for the front yard shall be handled by each individual lot improvement.
iii. The right of way shall taper on the southern boundary of Kenneth Way to align with existing right of way.
18. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system;
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume;
c. Storm Drain Collection Systems- For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps.
d. Street Flow-The street system shall be designed to convey the 100-year , 24- hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level). The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the ultimate development of the entire upstream watershed.
5 f. Detention Basins - A 100-year, 24-hour storm shall be used for sizing any detention basin(s) included in the approved drainage plan detention storage facilities. The detention basin release rate from any such detention basin(s) during a 100-year, 24-hour storm after development must be equal to or lower than the runoff rate from the detention basin's tributary area before development. The Developer can provide a drainage study addressing storm water mitigation through onsite storage (Phase 2 State Water Resources Control Plan – 80% of two-year storm), perforated pipes, and oversizing storm drainage pipes upon approval of the Public Works Director to eliminate need for a detention pond.
g. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.
19. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate r_management
20. The Developer shall comply with all Sutter County requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize County facilities for approval by Sutter County Public Works Director.
21. All development shall be designed to local, state, and federal flood standards.
22. The structural section of all road improvements shall be designed using the Caltrans empirical R-value method. A geotechnical investigation shall determine the R-value of the existing soil in accordance with the Caltrans Highway Design Manual. The structural section shall be designed to the following standards:
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil) b. Use a traffic index of 6 for residential streets
c. Use a traffic index of 7 for collector streets
d. Use a traffic index of 10 for arterial streets
A copy of the geotechnical investigation, including R-value determination, test locations and structural section calculations, shall be submitted with the first improvement plan check.
23. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the Public Works Department. All required speed limit signs shall be shown on the Improvement Plans.
24. The street trees and street lighting are public improvements which shall meet the Parks Division Planting Standards and City Standard Details and be included in the Improvement Plans and Specifications for the subdivision when the improvement plans are submitted for the first improvement plan check. Only one tree species shall be planted on any street.
25. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the Public Utility Easement (PUE). Developer shall provide a
6 concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.
26. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations." b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction. The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department, prior to beginning construction.”
PRIOR TO FINAL MAP RECORDATION
27. The development shall pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. This condition may be satisfied through participation in a Mello-Roos CFD, by payment of cash in an amount agreed to by the City, by another secure funding mechanism acceptable to the City, or by some combination of those mechanisms. The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district. The property shall annex in to an existing CFD.
28. The property shall petition for formation of a Zone of Benefit of the Yuba City Landscaping and Lighting Maintenance District for the purpose of maintaining street trees which are to be planted along all streets (if detached sidewalks are constructed), maintaining the street lights, and maintaining the masonry walls. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.
7 29. The Developer shall demonstrate to the satisfaction of the Public Works Department, how notice will be provided informing individuals acquiring lots in this subdivision of the proximity of:
a. Ongoing agricultural operations such as: burning; pesticide spraying; machinery operation; and other impacts associated with said activities are in the vicinity of the subdivision and have the right to continue such operations.
30. The right-of-way of Tuly Parkway shall be dedicated to the City. The ultimate width of the right-of-way shall be that as shown on the tentative map, or as otherwise approved by the Public Works Director. The proposed centerline is to align with the ultimate centerline alignment to the north and south of this proposed subdivision that will be provided by the City. The ultimate right-of-way shall taper on the south eastern boundary to align with the existing right-of-way.
31. The Developer shall pay for deferred improvements to the City by posting Improvement Security in accordance with Yuba City Municipal Code:
Sec. 8 - .1001 - Improvement security required (b). The amount determined for deferment of Tuly Parkway improvements will be based on the final design of Tuly Parkway, with the final design being determined at the sole discretion of the Public Works Director. The amount determined for deferment will be subject to the approval of the Public Works Director.
The wall along Tuly Parkway is to be constructed prior to the first certificate of occupancy and is not included in the deferred improvement costs.
32. All deferred improvements associated with Street A between Kenneth Way to Tuly Parkway, including but not limited to; asphalt, aggregate base, remedial work, etc. are to be incorporated into the payment of deferred improvements per Yuba City Municipal Code: Sec. 8-2.1001. - Improvement security required (b). This requirement only applies to the 1/2 street on the subject property.
PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS
33. All existing well(s), septic tank(s), and service lines shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments, respectively. The Developer shall pay all applicable fees.
34. The agricultural well and utility poles adjacent to Lot 1 are to be removed.
If the well is desired to remain in operation, the Lot 1 boundary and/or right of way/easements are to be reconfigured in accordance with City standards. Overhead Utility poles are to be removed.
35. City Standard street lights shall be installed on Kenneth Way and Campbell Court in accordance with City Standards and Specifications.
36. Prior to final paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.
37. Prior to paving, the Developer shall hydroflush, and televise, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the subdivision improvements, and at the Public Works Department’s discretion, the storm sewer and sewer mains shall be re-hydroflushed.
8 38. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (AutoCAD version 2010 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.
39. All public street lighting shall be dedicated to the City of Yuba City.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
40. The Developer shall be required to pay any applicable Yuba City drainage fees, including, but not limited to fees associated with the North West Drainage Study. All drainage fees are to be paid prior to issuance of the first building permit in the subdivision.
41. The Developer shall pay all applicable Sutter County Water Agency connection fees and maintenance and operation fees, and entering into an agreement with Sutter County providing participation in a zone of benefit, drainage district, agency, service area or any other public entity for the financing of construction and maintenance of a drainage system, as determined applicable by Sutter County.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
42. The Developer’s Superintendent/Representative shall submit three (3) sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit for each phase of construction.
43. The curb, gutter, sidewalk, and lot drainage shall be inspected and approved by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.
44. The Developer shall, prior to the issuance of the first certificate of occupancy of the first residence, install the perimeter subdivision wall and/or fences in place to the satisfaction of the Public Works Department.
45. The Developer shall, prior to the issuance of the first certificate of occupancy of the first residence, construct a six-foot high chain link fence across the right-of-way of Kenneth Way connecting with the adjoining six-foot high private fences, or as otherwise determined by the Public Works Department. This fencing shall be constructed in addition to the standard dead-end barricades. The fence and barricades shall be maintained by the City via the landscape and lighting district.
46. All street lighting shall be constructed per the Improvement Plans and energized prior to the issuance of any certificate of occupancy.
47. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.
9 MITIGATION MEASURES
Impact Mitigation Measure Responsible
Party Timing
3.7 Geology
and Soils
Paleontological Mitigation 1: Mitigation
Measure # 1 shall be placed as a note on
the Demolition and Grading Plans. If
paleontological resources are found, the
construction manager shall halt all activity
and immediately contact the Development
Services Department @ 530-822-4700.
Mitigation shall be conducted as follows:
1. Identify and evaluate
paleontological resources by
intense field survey where impacts
are considered high;
2. Assess effects on identified sites;
3. Consult with the
institutional/academic
paleontologists conducting
research investigations within the
geological formations that are
slated to be impacted;
4. Obtain comments from the
researchers;
5. Comply with researchers’
recommendations to address any
significant adverse effects where
determined by the City to be
feasible.
In considering any suggested
mitigation proposed by the consulting
paleontologist, the City’s Community
Development Department Staff shall
determine whether avoidance is
necessary and feasible in light of
factors such as the nature of the find,
project design, costs, Specific or
General Plan policies and land use
assumptions, and other
considerations. If avoidance is
unnecessary or infeasible, other
appropriate measures (e.g., data
recovery) shall be instituted. Work may
proceed on other parts of the project
site while mitigation for paleontological
resources is carried out.
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
10 3.8.
Greenhouse
Gases
Greenhouse Gas Mitigation 1: The site
grading and construction of the retail
center shall comply with the GHG
Reduction Measures provided in the
adopted Yuba City Resource Efficiency
Plan.
Development
Services Dept. Prior to
issuance of
building
permits.
3.18. Tribal
Cultural
Resources
Tribal Cultural Resources Mitigation 1:
In the event that previously undetected
cultural materials (i.e. prehistoric sites,
historic features, isolated artifacts, and
features such as concentrations of
shell or glass) are discovered during
construction, work in the immediate
vicinity should immediately cease and
be redirected to another area until the
Auburn Indian Community of the
Auburn Rancheria is re-contacted and
allowed the opportunity to consult
under AB 52. Further, a qualified
archaeologist that meets the Secretary
of the Interior’s Professional
Qualifications Standards in prehistoric
or historic archaeology inspects and
assesses the find. The City shall
consider further recommendations as
presented by the professional and
implement additional measures as
necessary to protect and preserve the
particular resource. Such measures
may include avoidance, preservation in
place, excavation, documentation,
curation, data recovery, or other
appropriate measures.
Tribal Cultural Resources Mitigation 2:
If human remains are uncovered, or in
any other case where human remains
are discovered, the Sutter County
Coroner, as appropriate, is to be
notified to arrange their proper
treatment and disposition. If the
remains are identified – on the basis of
archaeological context, age, cultural
associations, or biological traits – as
those of a Native American, California
Health and Safety Code 7050.5 and
Public Resource Code 5097.98 require
that the coroner notify the NAHC within
24-hours of discovery. The NAHC will
then notify the most likely descendant,
who may recommend treatment of the
remains.
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
11 Tribal Cultural Resources Mitigation 3:
Should artifacts or unusual amounts of
bone or shell be uncovered during
demolition or construction activity all
work shall be stopped and a qualified
archeologist shall be contacted for onsite consultation. Avoidance measures or appropriate mitigation
shall be completed according to CEQA
guidelines. The State Office of Historic
Preservation has issued
recommendations for the preparation
of Archeological Resource
Management Reports, which shall be
used for guidelines. If a bone appears
to be human, California law mandates
that the Sutter County Coroner and the
Native American Heritage Commission
be contacted.
EXHIBIT B
IMPACT FEES AND OTHER FEES PAYABLE BY SUBDIVIDER
In accordance with this Agreement, and also in accordance with applicable provisions of the Yuba City Municipal Code, it has been determined that Subdivider shall pay the following fees a minimum of ten (10) calendar days prior to the date of Council action on the Agreement, and prior to issuance of any building permits for the subject development.
(1) Public Improvement Plan Check and Inspection Fee:
4% of the estimated total construction cost
$712,804.40 x .04 = $28,512.18
Fees paid on Building Permit 21090003 -$1,570.40
(encroachment permit)
(Note: No fees paid on Building Permit BLD21-01226; invoiced only) SUBTOTAL FEES (1) $26,941.78
(2) Sewer Extension Fees
Developer constructing onsite sewer main. $0.00
(3) Sewer Connection Fees (per Section 6-5.504 Municipal Code) Deferred until application for building permits are filed. $0.00 (4) Water Extension Fees
Developer constructing onsite water main. $0.00
(5) Water Connection Fees (per Section 6-6.05 Municipal Code) Deferred until application for building permits are filed. $0.00 SUBTOTAL UTILITIES (2) $0.00
(6) Drainage Fees (North West Drainage Study – original $9,000 per acre indexed to April 2021)
$16,073 per acre * 4.11 acres $66,060.03
(7) Drainage Fees (per Sutter County Zones of Benefit)
Deferred until application for building permits are filed. $0.00
SUBTOTAL DRAINAGE (3) $66,060.03
(8) Road Improvement Costs
Fees in lieu of constructing portions of Tuly Parkway
Tuly Parkway (easterly side): $416/lf *398 lf $165,568.00
SUBTOTAL ROAD IMPROVEMENTS (4) $165568.00
TOTAL FEES PAYABLE BY SUBDIVIDER
SUBTOTAL (1) + SUBTOTAL (2) + SUBTOTAL (3) + + SUBTOTAL (4) $258,569.81
EXHIBIT C
FEE CREDITS AND REIMBURSEMENTS PAYABLE BY CITY
NONE
NVES
“ ”
DRAFT FOR MAP CHECK ONLY
NVES A
No. 9018
Exp. 9-30-23 N BE J N K. MO I M YD DRAFT FOR MAP CHECK ONLY
NVES
N V N
E
S
DRAFT FOR MAP CHECK ONLY
NVES
N
N V E
S
DRAFT FOR MAP CHECK ONLY
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 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 K_18 (Domain Estates – Unit III)
Recommendation: Adopt a Resolution confirming and ordering annexation of the parcel associated with the Domain Estates – Unit III Development, APN 59-530-027 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit K_18 and establishing a levy of assessments for the annexed territory Fiscal Impact: $342.94 per lot, $4,458.22 total annual revenue, with an inflation index Purpose:
To fund the ongoing operation, maintenance, and administration of street lighting, street trees, landscaping materials, irrigation systems, block walls and street-end barricades.
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, landscaping and associated items, block walls, and street-end barricades are maintained and in operation.
Background:
The existing LLMD No. 5, Zone of Benefit K_18 was established in 2017 for the Valencia Estates subdivision, with a fee per parcel for the operation and maintenance costs associated with street lighting, street trees, landscape medians, landscape strips, and landscape planters with block walls.
The fee per parcel for Zone of Benefit K_18 was determined based on annual maintenance costs for the aforementioned items associated with the Valencia Estates Subdivision.
Currently the Domain Estates – Unit III Development at Assessor’s Parcel Number (APN) 59-530-027 is requesting to be included into this Zone of Benefit, to satisfy conditions of approval for Tentative Map (TM 20-05). Additionally, the subject parcel is planned to be split into 13 parcels. In order to determine what the assessment will be for these 13 parcels, the original assessment for Zone of Benefit K_18 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 Domain Estates – Unit III Development 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 Domain Estates – Unit III Development into the existing LLMD No. 5, Zone of Benefit K_18.
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, and maintain street trees, landscaping materials, and irrigation systems 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 K_18 has determined that the annual assessed amount for the parcels being annexed into the Zone of Benefit is $342.94 per lot, or $4,458.22 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 lighting, street trees, landscape medians, landscape strips, and landscape planters with block walls 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 parcel associated with the Domain Estates – Unit III Development, APN 59-530-027 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit K_18 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 K_18 (Domain Estates – Unit III) with Exhibits
2. Engineer’s Report – LLMD No. 5, Zone of Benefit K_18
3. Waive Public Hearing Letter - Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit K_18 (Domain Estates – Unit III)
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 THE DOMAIN ESTATES – UNIT III
DEVELOPMENT, APN 59-530-027, INTO THE EXISTING YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5, ZONE OF BENEFIT K_18 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, street trees, landscaping materials, and irrigation systems; and WHEREAS, certain property owners have requested their property to be annexed into District No. 5, Zone of Benefit K_18; 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 K_18, 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 K_18.
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 K_18 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 K_18, at the assessment rate(s) set forth in Exhibit “A.”
Section 5. The City Council hereby determines that the territory within Zone of Benefit K_18 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 K_18 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 June 10th, 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 7th day of June, 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 C – Existing Zone of Benefit Map
Exhibit A
PART C
ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT K_18
(Domain Estates - Unit 3)
Assessment # Assessor’s # Amount of Assmt.
1-13 59-620-TBD $ 342.94
Exhibit B
DOMAIN ESTATES - UNIT 3
LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT K_18
SUBJECT
AREA
SCALE: 1" = 250'
BRADLEY ESTATES DR
CALAIS DR
JEFFERSON AVE ELMER AVE DOMAIN WAY
AREA TO BE ADDED BLEVIN RD
Exhibit C
LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT K_18 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =200' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT K_18 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT
CROWNE CT ELMER AVE
BRADLEY ESTATES DR
LONG ST
NICK CT TULY PKWY MIA LOOP KRISTINA MILLER DR TULY PKWY ELMER AVE
MIA LOOP
HEIDI WAYKIM WAY VLECK
VAN WY BLEVIN RD DOMAIN WAY
JANICE WAY MIA LOOP BLEVIN RD KENNETH WAY
BETTY CT
COBBLESTONE CT
CASE CT
SOHAUN DR
1 ATTACHMENT 2
1 ENGINEER’S REPORT
YUBA CITY LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT
NO. 5
2021-2022
ZONE OF BENEFIT K_18
(Domain Estates – Unit 3)
DOMAIN ESTATES - UNIT 3
LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT K_18
SUBJECT
AREA
SCALE: 1" = 250'
BRADLEY ESTATES DR
CALAIS DR
JEFFERSON AVE ELMER AVE DOMAIN WAY
AREA TO BE ADDED BLEVIN RD
LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT K_18 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =200' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT K_18 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT
CROWNE CT ELMER AVE
BRADLEY ESTATES DR
LONG ST
NICK CT TULY PKWY MIA LOOP KRISTINA MILLER DR TULY PKWY ELMER AVE
MIA LOOP
HEIDI WAYKIM WAY VLECK
VAN WY BLEVIN RD DOMAIN WAY
JANICE WAY MIA LOOP BLEVIN RD KENNETH WAY
BETTY CT
COBBLESTONE CT
CASE CT
SOHAUN DR
ATTACHMENT 3
Kevin Bradford
City of Yuba City
Public Works Department
1201 Civic Center Boulevard
Yuba City, CA 95993
Subject: Domain Estates – Unit 3
Lighting and Landscape Maintenance District Assessment Formation Dear Mr. Bradford:
We are the owners/representatives of the property designated as Domain Estates – Unit 3, which is described as Assessor Parcel Number (APN): 59-530-027, located north of Janice Way, east of Elmer Avenue, south of Bradley Estates Drive, and west of Blevin Road in Yuba City. The subject parcels are to be split into 13 parcels.
The subject property has been conditioned to request for the formation of a Lighting and Landscape Maintenance District, Zone of Benefit, as requested by the City, prior to the final map being filed.
Pursuant to Section 22608 of the Streets and Highways Code, we are waiving any resolutions, report, notices of hearing, and right of majority protest regarding the annexation of the subject property described above into Lighting and Landscape Maintenance District 5, Zone of Benefit K_18. I also acknowledge and agree that the subject property will be subject to a levy of an initial assessment in the amount of $4,458.22 per year ($342.94 per parcel, per year) as may be adjusted by a levy of annual assessments per Streets and Highways Code Section 22620 et seq.
It is hereby certified that the below signatures are that of the individuals authorized to sign on behalf of APN 59-530-027. If you have any questions, please call me at (530) 870-3172.
Sincerely,
___________________________ ____________
Kalbir S. Takhar Date
CEO
Crowne Development, Inc.
5-30-22
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Cooperative Agreement – City/County Sanborn Road Project Recommendation: Adopt a Resolution authorizing the Public Works Director to execute a Cooperative Agreement with the County of Sutter for roadway improvements associated with the City’s portion of Sanborn Road in the County’s FY2020-21 Road Overlay Project
Fiscal Impact: $231,317.80 – Account No. 1051 (Road Rehabilitation) Purpose:
To facilitate roadway improvements in the City right-of-way in coordination with the County of Sutter.
Council’s Strategic Goal:
This project addresses the City Council’s Strategic Goal of improving the City’s infrastructure.
Background:
Sanborn Road between Nand Drive and Lincoln Road falls under the jurisdiction of both the City and County of Sutter (County) (Attachment 2). The City is responsible for the eastern half of the road segment and the County is responsible for the western half. This portion of Sanborn Road is in need of repair, being on both the City’s and County’s maintenance lists.
The County desires to repair its portion of this road segment as part of its FY2020-21 Road Overlay Project. During the design of this project, the County approached the City to gauge interest in repairing the City’s portion of this road segment, confirm the scope of work, and discuss potential partnering once prices were determined through competitive bidding. The scope includes overlaying Sanborn Road between Nand Drive and Lincoln Road with new asphalt concrete and adjusting all utility lids to grade. Due to the shared jurisdiction, a cost-share agreement is required between the City and the County to proceed with the improvements in both jurisdictions.
At the May 24, 2022 Board of Supervisors Meeting, the County awarded a construction contract to Lamon Construction Company, Inc. (Lamon) of Yuba City for the project.
Analysis:
The City and County have partnered on past projects where the jurisdictional right-of-way is shared by both agencies. Partnering with the County on projects adjacent to the City limits provides efficiency to both agencies and the contractor performing the work.
County staff advertised the project for a minimum of thirty (30) days and opened bids on April 8, 2022.
After a review of the bid documents submitted, it was determined that Lamon was the lowest responsible and responsive bidder. Of the seven (7) bids received, Lamon’s bid was 7.6% less than the engineer’s estimate.
The County’s bid documents contained two Additive Bid Alternatives 1A (County portion of Sanborn Road) and 1B (City portion of Sanborn Road) to clearly document each agency’s share of the Sanborn Road portion of the project. Bid Alternative 1B representing the City’s share is $206,317.80. Staff is requesting authorization for a $25,000 contingency (12%) to cover any unforeseen utility lids that need to be adjusted and potential increased quantities of asphalt concrete needed to assure proper drainage throughout the road section.
The proposed Cooperative Agreement (Attachment 1, Exhibit A) is based on the most recent Cooperative Agreement developed for Bogue Road, Franklin Avenue, and an adjacent portion of Sanborn Road in 2019. The City Attorney worked with City staff to develop the 2019 Cooperative Agreement. The 2022 agreement will be brought before the County Board of Supervisors upon City Council approval to perform the work on the east half of Sanborn Road. If the City does not approve the work for its portion of Sanborn Road, the County will proceed with repairing only the west half of Sanborn Road.
With this area ultimately planned to be annexed into the City, staff recommends proceeding with the planned maintenance activities to share cost burdens and move the maintenance forward.
Fiscal Impact:
The City’s share of the Sanborn Road portion of the project is up to $231,317.80, including a $25,000 contingency. There is approximately $800,000 available in Capital Improvement Program Account No. 1051 (Road Rehabilitation). The City will be invoiced by the County for the actual costs of the work. If the invoice amount exceeds the Cooperative Agreement amount, staff will return to Council with a recommendation on how to proceed.
Alternatives:
1. Do not enter into the agreement with the County of Sutter, leaving the City’s portion of Sanborn Road in a state of disrepair.
2. Modify the contingency amount for the agreement.
Recommendation:
Adopt a resolution authorizing the Public Works Director to execute a Cooperative Agreement with the County of Sutter for roadway improvements associated with the City’s portion of Sanborn Road in the County’s FY2020-21 Road Overlay Project.
Attachments:
1. Resolution - Cooperative Agreement – City/County Sanborn Road Project
2. Exhibit A – Cooperative Agreement
3. Attachment 2 - Location 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
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE COUNTY OF SUTTER FOR ROADWAY IMPROVEMENTS ASSOCIATED WITH THE CITY’S PORTION OF SANBORN ROAD IN THE COUNTY’S FY2020-21
ROAD OVERLAY PROJECT
WHEREAS, the County of Sutter (County) awarded a construction contract to Lamon Construction Company, Inc. (Lamon) of Yuba City for the County’s FY2020-21 Road Overlay Project (Project); and
WHEREAS, the Project includes overlaying Sanborn Road between Nand Drive and Lincoln Road with new asphalt concrete and adjusting all utility lids to grade; and WHEREAS, the portion of Sanborn Road between Nand Drive and Lincoln Road falls under the jurisdiction of both the City and County, with the City being responsible for the eastern half of the road and the County being responsible for the western half; and WHEREAS, the said portion of Sanborn Road is in need of repair, being on both the City’s and County’s maintenance lists; and
WHEREAS, the City and County have partnered on past projects where the jurisdictional right-ofway is shared by both agencies, with such projects providing efficiency to both agencies and the contractor performing the work; and
WHEREAS, the County advertised the project for bids in accordance with the Public Contract Code and Federal Highway Administration regulations, received seven (7) total bids, and determined that Lamon was lowest responsible and responsive bidder with a bid that was 7.6% less than the engineer’s estimate; and
WHEREAS, the bids clearly document each agency’s share of the Sanborn Road portion of the project, with. Bid Alternative 1B representing the City’s share at $206,317.80; and WHEREAS, City staff believes additional funding will be required during construction for such purposes as adjusting unforeseen utility lids to grade and increasing quantities of asphalt concrete as necessary to assure proper drainage throughout the road section; and WHEREAS, the County of Sutter requires a Cooperative Agreement to facilitate reimbursement from the City for the City’s share of cost.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The Public Works Director is hereby authorized and directed to execute on behalf of the City of Yuba City a Cooperative Agreement with the County of Sutter for roadway improvements associated with the City’s portion of Sanborn Road in the County’s FY2020-21 Road Overlay Project, consistent with the material terms and conditions in the draft agreement attached to
this resolution, and subject to review and approval as to legal form by the City Attorney.
3. A copy of said draft Cooperative Agreement is attached hereto for reference as Exhibit A.
4. This Resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 7th day of June, 2022.
AYES:
NOES:
ABSENT:
_________________________
Dave Shaw, Mayor
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
A. Exhibit A – Cooperative Agreement
EXHIBIT A
01248.0006/539962.1 Page 2 of 7
COOPERATIVE AGREEMENT (“AGREEMENT”)
BETWEEN
CITY OF YUBA CITY
AND
COUNTY OF SUTTER
FOR THE
FY2020-21 ROAD OVERLAY PROJECT
THIS AGREEMENT is made and entered into this day of , 2022, by and between the COUNTY OF SUTTER, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITY OF YUBA CITY, a Municipal Corporation, located in the County of Sutter, State of California, hereinafter referred to as "CITY." CITY and COUNTY are sometimes individually referred to hereinafter as “Party” and collectively as “Parties.” RECITALS:
1. COUNTY and CITY, are authorized to enter into a cooperative agreement for improvements to the roadway and roadway components for County Project No. RR31002116N, FY2020- 21 Road Overlay Project, hereinafter referred to as “PROJECT”.
2. COUNTY and CITY desire to partner for the improvements to be constructed on Sanborn Road between Nand Drive and Lincoln Road by COUNTY through the PROJECT. This project will include roadway widening to allow for new bicycle lanes, aggregate base shoulders, edge grinding and conform grinding of existing asphalt concrete, adjusting of utility lids, an asphalt concrete overlay, and striping improvements. The COUNTY has road right-of-way for the westerly portion of Sanborn Road and the CITY has road right-of-way for the easterly portion of Sanborn Road. The PROJECT layout plan, Exhibit A, shows the project limits and areas of responsibility.
3. COUNTY will contribute all actual costs for improvements to be constructed in the COUNTY right-of-way through the PROJECT totaling up to $148,260.45, plus up to $18,614 for construction management/contingency.
4. CITY will contribute all actual costs for improvements outside of the COUNTY right-ofway through the PROJECT up to $206,317.80, plus up to $25,000 for construction management/contingency.
5. Notwithstanding, COUNTY and CITY acknowledge that the dollar amounts shown in Paragraphs 3 and 4 for the PROJECT are based on the quantities from the current engineer’s estimate and unit prices from the lowest responsive and responsible bidder that has been awarded the project. Actual dollar amounts will be adjusted as necessary based on actual quantities installed. COUNTY will notify CITY in writing immediately upon determining that any adjustments are necessary.
01248.0006/539962.1 Page 3 of 7
6. COUNTY and CITY now define in this agreement the terms and conditions of their financial contribution.
COUNTY WILL:
1. Award and administer the construction contract for the PROJECT in accordance with the Public Contracting Code, City Contracting Policies and the terms of this Agreement.
2. Require its contractor to obtain a City Encroachment Permit, and oversee the construction and inspect the work in the CITY Right-of-Way for the PROJECT to proceed in a good and workman-like manner.
3. Provide coordination with the CITY and its designated representative for the completion of the PROJECT.
4. Provide Materials Testing for all concrete and asphalt in the CITY Right-of-Way in compliance with the CITY QAP Manual.
5. Change orders for CITY participating work will be considered in the event unanticipated conditions are encountered. All Change Orders for work in the CITY Right-of-Way must be approved by the City Engineer or his designated representative prior to work being done.
Cost of the Change Order(s) will be paid from the project contingency amount.
CITY WILL:
6. Reimburse COUNTY for CITY’s share of the cost of the PROJECT. Reimbursement by CITY to COUNTY will be made within 30 days of CITY’s receipt of COUNTY’s invoice, provided that COUNTY provides evidence reasonably satisfactory to CITY that COUNTY has paid the Construction Amount to the contractor that performed the work for the PROJECT.
Invoices and notices shall be sent to:
Public Works Department
Kevin Bradford, Deputy Public Works Director – Engineering 1201 Civic Center Drive
Yuba City, CA. 95993
7. Provide a contact person for coordinating COUNTY’s inspection for the work performed in CITY’s Right-of-Way.
8. Provide coordination with COUNTY and its designated representative for the completion of the PROJECT.
9. Provide Change Order review for work in CITY’s Right-of-Way so the PROJECT proceeds in a good and workman-like manner.
01248.0006/539962.1 Page 4 of 7
GENERAL:
1. This Agreement shall be in effect as of the date executed and shall remain in effect until the terms of this Agreement are completed or amended.
2. Modifications or amendments affecting the terms and conditions contained in this Agreement shall be in writing and approved and executed by both parties.
3. This Agreement, all exhibits attached hereto, all other terms or provisions incorporated herein by reference, constitutes the understanding between CITY and COUNTY as to the subject matter contained herein.
4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction conferred upon COUNTY under this agreement. It is understood and agreed that, COUNTY will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by COUNTY under this agreement.
5. Neither COUNTY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY under this agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless COUNTY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. RECITALS. The above Recitals are incorporated by reference to the same extent and with the same force and effect as if fully set forth herein and shall constitute a part of this Agreement.
2. MUTUAL INDEMNIFICATION. The CITY and COUNTY shall mutually indemnify, protect, defend and hold harmless the other, including their respective managers, officers, directors, members, employees, agents, contractors, partners and lenders, from and against any and all claims, and/or damages, costs, liens, judgments, penalties, permits, reasonable attorneys’ and consultant’s fees, expenses and/or liabilities arising out of, involving, or in dealing with (1) any act,
01248.0006/539962.1 Page 5 of 7
omission or neglect of the CITY or COUNTY’s officers, directors, members, employees, agents, contractors or guests; (2) out of any breach by the CITY or COUNTY in the performance in a timely manner of any obligation to be performed under this Agreement; (3) any acts, omissions or negligence of the CITY or COUNTY or any person or entity claiming through or under CITY or COUNTY, or CITY or COUNTY’s agents, employees, contractors, invitees or visitors; (4) any claim arising under the Americans With Disabilities Act of 1990, California Disabled Persons Act and/or similar laws; or (5) any claims and/or liability arising or governed by Workers Compensation law. The foregoing shall include, but not be limited to, all costs of the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against CITY or COUNTY) litigated and/or reduced to judgment. In case any action or proceeding is brought against CITY or COUNTY by reason of any of the foregoing matters, CITY or COUNTY upon notice from the other Party shall defend the same at its expense by counsel reasonably satisfactory to the CITY or COUNTY and the other Party shall cooperate with CITY or COUNTY in such defense. The CITY or COUNTY need not have first paid any such claim in order to be so indemnified. In addition, the CITY OR COUNTY may require CITY or COUNTY to pay the CITY or COUNTY’s attorneys’ fees and costs in defending against or participating in such claim, action or proceeding if the CITY or COUNTY shall decide, in its exercise of reasonable judgment, it is unsatisfied with the representation of its interest by CITY or COUNTY or its counsel.
The CITY or COUNTY shall not be liable for security, injury or damage to the person or goods, wares, merchandise or other property of CITY or COUNTY, CITY or COUNTY’s employees, contractors, invitees, customers, or any other person, whether such damage or injury is caused by or results from fire, earthquake, flood, terrorism, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other any other cause, including the commission of a crime, whether the said injury or damage results from other source or places except if such injury or damage is the result of the gross negligence or willful misconduct of the CITY or COUNTY or the CITY or COUNTY’s employees, contractors or agents.
The provisions of this section shall survive the expiration or termination of this Agreement.
3. ENTIRE AGREEMENT. This Agreement together with the exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements with respect to same.
4. INTERPRETATION/GOVERNING LAW/VENUE. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties. This Agreement shall be construed and interpreted in accordance with the laws of the State of California in effect at the time it is recorded. Venue for any action arising out of this Agreement shall be within the California Superior Court, County of Sutter or Federal District Court, Eastern District of California, Sacramento Division.
5. VOLUNTARY AGREEMENT. The Parties each represent that they have read this Agreement in full and understand and voluntarily agree to all provisions herein. The Parties further declare that prior to signing this Agreement they each had the opportunity to apprise themselves of
01248.0006/539962.1 Page 6 of 7
relevant information, through sources of their own selection, including consultation with legal counsel of their choosing if desired, in deciding whether to execute this Agreement.
6. MODIFICATION OR AMENDMENT. This Agreement may only be amended or modified in writing executed by the CITY and COUNTY and recorded in the public records of Sutter County Records.
7. OBLIGATION. Nothing in this Agreement shall obligate or require the Parties to commence any of the projects described, referenced or identified within this Agreement.
8. ATTORNEY’S FEES. In the event of any litigation or other legal proceeding including, but not limited to, arbitration or mediation between the Parties arising from this Agreement, the prevailing Party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorney’s fees) incurred in the proceeding.
01248.0006/539962.1 Page 7 of 7
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the day and year first written above.
CITY OF YUBA CITY, a Municipal Organization
By: ___________________________________
Dave Shaw, Mayor
ATTEST:
By: ___________________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
By: ___________________________________
Shannon L. Chaffin, City Attorney
"CITY"
COUNTY OF SUTTER, a political subdivision of the
State of California
By: ___________________________________
Neal Hay, Director of Development Services
for the County of Sutter
APPROVED AS TO FORM:
________________________
Deputy County Counsel
ATTEST:
______________________
Clerk of the Board of Supervisors
"COUNTY"
ATTACHMENT 2
CITY OF YUBA CITY
CITY-COUNTY COOPERATIVE AGREEMENT
LOCATION MAP
0 500' 1,000'
SCALE: 1" = 500'
SYMBOL LEGEND
PORTION OF PROJECT WITHIN
COUNTY JURISDICTION
CITY/COUNTY BOUNDARY LINE CITY ROW COUNTY ROW CITY ROW COUNTY ROW
CITY ROW
COUNTY ROW
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2022 Striping and Marking Project (Plans & Specifications) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2022 Striping and Marking Project
Fiscal Impact: $180,000 - Engineer’s Estimate – Account No. 1024 (Striping and Marking) Purpose:
To promote vehicle and pedestrian safety by repairing and adding striping, crosswalks, and pavement markings at various locations throughout the City.
Council’s Strategic Goal:
This project addresses the City Council’s Strategic Goal of improving the City’s infrastructure.
Background:
The City’s current pavement markings and safety striping is deteriorating at various locations around the City due to age. Replacement of faded traffic striping, pavement markings, crosswalks, and bike path striping along City roadways will decrease the potential for pedestrian and vehicular incidents and improve the safety of the City’s residents. The locations to be addressed are shown on the Project Location Map (Attachment 2) and listed below:
Area A – Royo Ranchero Drive Area F – Shasta Street
Area B – Hooper Road (North) Area G – Sanborn Road/McCune Avenue Area C – Stabler Lane Area H – Richland Road/Railroad Avenue Area D – Hooper Road (South) Area I – Gold River Drive
Area E – Clark Avenue/Cooper Avenue
Analysis:
Public Works has prepared the project plans, specifications, and cost estimate for the 2022 Striping and Marking Project. The focus of this project was to identify sections of roadways that have raised pavement markers, and replace those pavement markers with thermoplastic striping and reflective
markers. Scope of work includes replacing existing centerlines, bike lane lines, and intersection related striping. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
Advertise for Bid: June 2022
Award Contract: July 2022
Start of Construction: Summer 2022
Completion: Summer 2022
The plans and specifications for the project are on file in the Public Works Department at City Hall and at http://www.yubacity.net/publicworksplans for review.
Fiscal Impact:
The estimated project cost is $180,000. This estimate includes 5% contingency and 5% construction management to reflect total project cost. The project will be funded primarily with gas tax funds through CIP Account No. 1024 (Striping and Marking). Detailed fiscal impacts will be presented to Council at the award of the contract based on the actual bid amounts.
Environmental:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of striping, markers, and markings within existing City facilities are defined as repairs, maintenance, or minor alterations of existing public facilities, involving negligible or no expansion.
Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Alternatives:
Provide staff with alternative direction regarding priority locations and/or modify project scope.
Recommendation:
Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2022 Striping and Marking Project.
Attachments:
1. Resolution - 2022 Striping and Marking Project (Plans & Specifications)
2. Project Location Map
Prepared By: Submitted By:
Fabiola Vazquez
Assistant Civil Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPTING A CEQA CLASS 1 CATEGORICAL EXEMPTION,
APPROVING THE PLANS AND SPECIFICATIONS, AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2022
STRIPING AND MARKING PROJECT
WHEREAS, the Public Works Department intends to solicit bids for construction of the 2022 Striping and Marking Project.
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:
1. The City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of striping, markers, and markings within existing City facilities are qualifying repairs, maintenance, or minor alteration of existing public facilities involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.
2. The plans and specifications for the 2022 Striping and Marking Project be approved.
3. The Public Works Department is hereby authorized and directed to advertise for bids for the 2022 Striping and Marking Project.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 7th day of June, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
2022 STRIPING AND MARKING PROJECT
PROJECT LOCATION MAP 3500' 7000'
1" = 3500'
AREA A
AREA B
AREA C
AREA D
AREA G
AREA H
AREA I
AREA E AREA F
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Proposed City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Monday, November 21, 2022 through Friday, November 25, 2022 and for Monday, December 26, 2022 through Monday, January 2, 2023
Fiscal Impact: None.
Purpose:
To provide advance notice for the public and City staff to plan for the holiday periods: 1. Thanksgiving:
Monday, November 21, 2022 through Friday, November 25, 2022; 2. Christmas/New Year’s Holiday:
Monday, December 26, 2022 through Monday, January 2, 2023.
Background:
Historically, the numbers of City Hall routine counter service requests or utility bill payments around Thanksgiving and between Christmas and New Year’s Day are low. Since 2011, City Hall has been closed for a week around the Christmas/New Year’s Day holidays. Last year the holiday closure was expanded to include the Thanksgiving week and staff is proposing a Thanksgiving closure again this year.
The proposed time periods to close City Hall:
1) 2022 Thanksgiving Week: November 21, 2022 through November 25, 2022 (Thanksgiving Closure); 2) 2022 Christmas and New Year’s Week: December 26, 2022 through January 2, 2023 (Christmas and New Year’s Closure).
The 2022 Thanksgiving Holidays (the fourth Thursday in November and the day following Thanksgiving) fall on November 24 and 25. City Hall shall be closed on Monday, November 21 and reopen on Monday, November 28.
Sun.
Nov. 20
Mon.
Nov. 21
Tues.
Nov. 22
Wed.
Nov. 23
Thurs.
Nov. 24
Fri.
Nov. 25
Sat.
Nov. 26
Sun.
Nov. 27
Mon.
Nov. 28
Closure Closure Closure
Holiday
Closure
Holiday
Closure Open
For the 2022 Christmas and New Year’s Holiday Schedule, the Christmas Float Holiday falls on Friday, December 23 and the New Year’s Eve Float Holiday falls on Friday, December 30.
City Hall shall be closed on Monday, December 26 and re-open on Tuesday, January 3. The float holidays move to Friday as the floating holiday is the day before the holiday. With the float holiday on Saturday, it moves to Friday becoming an observed float holiday. Additionally, because the holidays fall on Sunday, the holidays move to Monday becoming an observed holiday.
Fri.
Dec. 23
Sat.
Dec.
24 Sun.
Dec.
25 Mon.
Dec. 26
Tues.
Dec. 27
Wed.
Dec. 28
Thurs.
Dec. 29
Fri.
Dec. 30
Sat.
Dec.
31 Sun.
Jan. 1
Mon.
Jan. 2
Tues.
Jan. 3
Obs.
Float
Holiday
Open
Obs.
Holiday
Closure Closure Closure Closure
Obs.
Float
Holiday
Closure
Obs.
Holiday
Closure Open
This Holiday Closure provides a good opportunity for employees to take extra time off before the end of the fiscal year while customer service demands are low. Employees may elect to work during the City Hall holiday closure or to utilize accrued discretionary leave time.
These Holiday Closures do not impact emergency services or other facilities such as the Corporation Yard, Water Treatment Facility or Wastewater Treatment Facility. Also, inspection services will remain available.
Analysis:
The Holiday Closures will be well advertised to the public to ensure advance and thorough notification.
If approved, news releases would be sent out to the local newspapers, radio stations, and news stations. Notices of the closure would be posted at City Hall as well as on the City’s website and Facebook.
Fiscal Impact:
None.
Alternatives:
Do not close City Hall for Thanksgiving week or Christmas and New Year’s week.
Recommendation:
Adopt a Resolution authorizing the closure of City Hall for Monday, November 21, 2022 through Friday, November 25, 2022 and for Monday, December 26, 2022 through Monday, January 2, 2023.
Attachments:
1. Holiday Closure Resolution
Prepared By: Submitted By:
Natalie Springer
Human Resources Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE CITY HALL HOLIDAY CLOSURES FOR NOVEMBER 21, 2022 – NOVEMBER 25, 2022 AND DECEMBER 26, 2022 – JANUARY 2, 2023 WHEREAS, given reduced City Hall public service needs of the fall and winter holiday periods, the City is providing employees at City Hall the opportunity to take time off over the below described holiday periods with minimal impact to the public; WHEREAS, the City Hall Holiday Closures have been successful and well received by the public since 2011;
WHEREAS, non-City Hall operations function during the holiday periods in accordance with normal operational schedules and time off policies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
City Hall shall be closed to the public from Monday, November 21, 2022 through Friday, November 25, 2022 and from Monday, December 26, 2022 through Monday, January 2, 2023.
On the dates in these two ranges other than the actual observed holidays and float holidays, City Hall workers will be able to work their regular hours during these two holiday closures (performing duties as assigned) or utilize accrued discretionary time off.
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 7th day of June 2022.
AYES:
NOES:
ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:
_______________________
Ciara Wakefield, Deputy City Clerk
__________________________
Stacey Sheston
Special Counsel
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Approve PARS Amended and Restated Plan Document Recommendation: Adopt a Resolution:
A. Approving the PARS Amended and Restated Plan Document B. Authorizing the City Manager to execute the PARS Amended and Restated Plan Document on behalf of the City
Fiscal Impact: None.
Purpose:
To approve the Public Agency Retirement System (PARS) Alternative Retirement System (ARS) amended and restated plan document and to authorize the City Manager to sign.
Council’s Strategic Goal:
Fiscal Responsibility.
Background:
A federal law, the Omnibus Budget Reconciliation Act of 1990 (OBRAD 90), requires that governmental employees who are not members of their employer’s existing retirement system be covered by Social Security or an alternate plan. The City adopted the PARS ARS Plan, effective January 7, 1995, as an alternative plan to Social Security for City employees who otherwise are not eligible for participation in CalPERS. PARS has now requested an updated amended and restated plan document to address refinements in the law.
Analysis:
The PARS ARS Plan satisfies federal requirements and provides cost savings to employees and the City when compared to Social Security. The PARS amended and restated plan document is before the City Council for approval and to authorize the City Manager to execute the same on behalf of the City.
Fiscal Impact:
None.
Alternatives:
Do not approve the PARS amended and restated plan document and provide staff direction.
Recommendation:
Adopt a Resolution:
1. Approve an updated PARS amended and restated plan document.
2. Authorize the City Manager to execute the PARS amended and restated plan document on behalf of the City.
Attachments:
1. PARS Resolution
2. PARS Amended and Restated Plan Document
Prepared By: Submitted By:
Sheleen Loza
Administrative Analyst II
Diana Langley
City Manager
Attachment 1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING
THE PUBLIC AGENCY RETIREMENT SYSTEM ALTERNATIVE RETIREMENT
SYSTEM AMENDED AND RESTATED PLAN DOCUMENT
WHEREAS, the City recommends approving the updated Public Agency Retirement System (PARS) Alternative Retirement System (ARS) amended and restated plan document;
WHEREAS, The City Manager is hereby authorized to execute amended and restated plan document;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. Approve the PARS ARS amended and restated plan document;
2. Authorize the City Manager to execute the PARS ARS amended and restated plan document on behalf of the City.
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 7th day of June 2022.
AYES:
NOES:
ABSENT:
__________________
ATTEST: Dave Shaw, Mayor
____________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Shannon Chaffin, Esq.
Aleshire & Wynder, LLP
ATTACHMENT 2
CITY OF YUBA CITY
PUBLIC AGENCY RETIREMENT SYSTEM
ALTERNATE RETIREMENT SYSTEM
(PARS-ARS)
AMENDED AND RESTATED
EFFECTIVE JUNE 7, 2022
TABLE OF CONTENTS
Page
-iINTRODUCTION............................................................................................................................ 2 DEFINITIONS................................................................................................................................. 3 ELIGIBILITY REQUIREMENTS FOR PARTICIPATION .......................................................... 6
2.1 Time of Participation............................................................................................................ 6
2.2 Termination of Participation ................................................................................................ 6
2.3 Effect of Transfer to Ineligible Employment....................................................................... 6
2.4 In Service Distributions........................................................................................................ 6 CONTRIBUTIONS.......................................................................................................................... 7
3.1 Amount of Employer Contributions..................................................................................... 7
3.2 Amount of Employee Contributions.................................................................................... 7
3.3 Administrative Expenses...................................................................................................... 7
3.4 Allocation of Administrative Expenses ............................................................................... 7
3.5 Limits on Annual Additions................................................................................................. 7
3.6 Vesting ................................................................................................................................. 8
3.7 Investment in Accordance with Applicable Law................................................................. 8
3.8 Reversions............................................................................................................................ 8 FUNDING AND VALUATION...................................................................................................... 8
4.1 Funding ................................................................................................................................ 9
4.2 Valuation.............................................................................................................................. 9
4.3 Type and Nature of Plan ...................................................................................................... 9 VESTING ...................................................................................................................................... 10
5.1 Vesting in Employer Contribution Account ...................................................................... 10
5.2 Vesting in Employee Contribution Account...................................................................... 10
5.3 Full or Partial Termination................................................................................................. 10 DISTRIBUTION OF BENEFITS.................................................................................................. 11
6.1 Incidental Death Benefits................................................................................................... 11
6.2 Amount of Distribution...................................................................................................... 11
6.3 Lump Sum Distributions.................................................................................................... 11
6.4 Time of Distribution........................................................................................................... 12
6.5 Participant's Rights Not Subject to Execution ................................................................... 12
TABLE OF CONTENTS
(continued)
Page
-ii6.6 Unclaimed Benefits............................................................................................................ 12
6.7 Direct Rollovers................................................................................................................. 12
6.8 Military Service.................................................................................................................. 14 DEATH BENEFITS....................................................................................................................... 15
7.1 Designation of Beneficiary ................................................................................................ 15
7.2 Married Participant............................................................................................................. 15
7.3 Spouse's Signature.............................................................................................................. 15
7.4 Default Beneficiary ............................................................................................................ 15
7.5 Domestic Partners .............................................................................................................. 16 ADMINISTRATION AND AMENDMENT OF PLAN............................................................... 17
8.1 Designation of Plan Administrator..................................................................................... 17
8.2 Rules and Regulations........................................................................................................ 17
8.3 Amendment and Termination. ........................................................................................... 17 ANNUAL ADDITION LIMITS.................................................................................................... 18
9.1 Construction. ...................................................................................................................... 18
9.2 Definitions.......................................................................................................................... 18
9.3 Annual Addition Limitations. ............................................................................................ 19
2 INTRODUCTION
The City of Yuba City (the "Employer") has adopted this tax qualified governmental profit sharing plan for the benefit of its Eligible Employees as Plan Number: 002. This document is a full and complete amendment and restatement of the City of Yuba City PARS Alternate Retirement System.
It is intended that this Plan and the Trust established to hold the assets of the Plan shall be qualified under Section 401(a) and tax-exempt under Section 501(a) of the Internal Revenue Code of 1986, together with any amendments thereto (the "Code"). It is also intended that this Plan shall meet the requirements of a governmental plan under Section 414(d) of the Code and of a pension trust. At any time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under this Plan, the Trust assets shall not be used for, or diverted to, purposes other than the exclusive benefit of Participants or their Beneficiaries, as prescribed in Section 401(a)(2) of the Code.
3 ARTICLE I
DEFINITIONS
1.1 "Account" means, with respect to each Participant, the value of all accounts maintained on behalf of the Participant.
1.2 "Aggregate Account" means, with respect to each Participant, the value of all accounts maintained on behalf of the Participant, whether attributable to Employer or Employee contributions.
1.3 "Amended Effective Date" means June 7, 2022.
1.4 "Beneficiary" means the person, trust, or other entity to whom a share of a deceased Participant's Aggregate Account is payable.
1.5 "Code" means the Internal Revenue Code of 1986 as amended from time to time.
1.6 "Compensation" means all compensation for that portion of the Plan Year during which the Employee was a Participant, paid in cash by the Employer to the Participant for personal services. Further, the Employer defines compensation as total compensation. The annual compensation of each Participant, as defined above by the Employer, taken into account in determining allocations for any Plan Year beginning after December 31, 2016 shall not exceed $270,000, as adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code. For any short Plan Year, the Compensation limit shall be an amount equal to the Compensation limit for the calendar year in which the Plan Year begins multiplied by a ratio obtained by dividing the number of full months in the short Plan Year by twelve (12). The limitation on the maximum amount of Compensation that may be taken into account under the Plan shall not apply to any Participant eligible for a higher limit on annual compensation under the transition rule described in Section 1.401(a)(17)-1(d)(4)(ii) of the Treasury Regulations.
1.7 "Effective Date" means January 7, 1995.
1.8 "Eligible Class of Employees" means the eligible class of employees as provided herein and in the applicable governing board policies and regulations promulgated thereunder by the Employer.
1.9 "Eligible Employee" means all of those Employees of the Employer whose participation in this Plan are not prohibited or restricted by the provisions of a collective bargaining agreement or another plan or retirement system maintained by the Employer. Employees who are exempt from coverage under Social Security by federal law or regulation shall not be Eligible Employees.
1.10 "Employee" means an employee of the Employer.
4 1.11 "Employee Contribution Account" means the account by that name established pursuant to Section 3.2 hereof.
1.12 "Employer" means the City of Yuba City that has adopted this Plan. Only an employer eligible to adopt a governmental plan pursuant to Section 414(d) of the Code may be an “Employer” under this Plan.
1.13 "Employer Contribution Account" means the account by that name established pursuant to Section 3.1 hereof.
1.14 "Inactive Participant" means a Participant who is no longer eligible to participate because he is no longer in a class of Employees eligible to participate in this Plan but is still employed by the Employer.
1.15 "Ineligible Employee" means all of those Employees of the Employer whose participation in this Plan is prohibited or restricted by the provisions of a collective bargaining agreement, another plan or retirement system maintained by the Employer, or exempt from coverage under Social Security by federal law or regulation.
1.16 "Investment Manager" means the entity appointed by the Employer as the investment manager under the Plan.
1.17 "Limitation Year" means the limitation year under Section 3.5 hereof and shall mean the Plan Year.
1.18 "Normal Retirement Age" means sixty-two (62) years of age.
1.19 "Participant" means a Participant under Article II hereof.
1.20 "Participant Aggregate Accounts" means the accounts by that name established pursuant to Article III hereof.
1.21 "Participant Contributions" means contributions made on behalf of the Participant by the Employer as Pick Up Contributions and/or Participant after tax contributions.
1.22 "Participant Contribution Account" means the value of the Participant's interest in this Plan that is attributable to Pick Up Contributions and/or Participant after tax contributions.
1.23 "Pick Up Contributions" means Participant Contributions made by the Employer on behalf of the Participant pursuant to Section 414(h) of the Internal Revenue Code. Pick Up Contributions shall not under any circumstances be paid to the Participant or be directed by the Participant for any purpose except as Pick Up Contributions to this Plan. The Employer may make Pick Up Contributions through a reduction in salary, an offset against future salary increases, or a combination of the two.
5 1.24 "Plan" means the City of Yuba City PARS Alternate Retirement System.
1.25 "Plan Administrator" means the individual or position designated by the Employer to act on behalf of the Employer in matters relating to this Plan. If no designation is made, the Employer shall be the Plan Administrator. If a Plan Administrator has been appointed, the word "Employer" as used in this Plan shall mean Plan Administrator unless the context indicates a different meaning is intended.
1.26 "Plan Year" means the consecutive twelve-month period beginning on July 1 and ending on June 30.
1.27 "Public Agency" means an Employer authorized to establish a pension trust.
1.28 "Regulations" means the regulations adopted or proposed by the Department of Treasury from time to time pursuant to the Code.
1.29 "Retirement System" means any plan that meets the requirements for a retirement system under Section 3121(b)(7)(F) of the Code and the final regulations thereunder.
1.30 "Social Security" means the Social Security program as set forth in Title 42 of the United States Code, Section 301 et seq.
1.31 "Trust" means the trust established as part of the Public Agency Retirement System Trust to hold the assets of the Plan.
1.32 "Trustee" means the trustee of the Trust.
1.33 "Valuation Date" means the last day of the Plan Year or such other day on which the assets of the Trust are valued and the value of each Participant's Aggregate Account is determined.
1.34 "Vested" means the nonforfeitable portion of any Account maintained on behalf of a Participant.
6 ARTICLE II
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION
2.1 Time of Participation
An Eligible Employee shall participate in this Plan on each day during which the Employee is not accruing a benefit under Social Security, or another Retirement System provided and maintained by the Employer.
2.2 Termination of Participation
A Participant shall cease to be a Participant on the date on which the Participant begins to participate in another Retirement System or the date of his or her termination of employment as determined by the Employer.
2.3 Effect of Transfer to Ineligible Employment
If a Participant is no longer an Eligible Employee and becomes an Ineligible Employee, such Employee will participate immediately upon returning to the Eligible Class of Employees.
Such participation shall commence as of the first day of such eligible employment.
2.4 In Service Distributions
A Participant who is no longer eligible to participate because he is no longer in the class of Eligible Employees, but who has not terminated employment with the Employer, shall become an Inactive Participant and shall remain such for twenty-four (24) months after which his interest in the Plan will be distributed to him upon consent.
7 ARTICLE III
CONTRIBUTIONS
3.1 Amount of Employer Contributions
There is hereby created and established and shall be maintained by the Plan Administrator the Employer Contribution Account. For Compensation earned during each day that an Employee remains a Participant under this Plan, the Employer shall make a contribution of zero percent (0%) of Compensation. Such contribution shall be made no later than the close of the Plan Year. This amount shall be credited to the Employer Contribution Account. Employer contributions will be allocated to each Participant in the ratio that such Participant's compensation bears to the compensation of all Participants.
3.2 Amount of Employee Contributions
There is hereby created and established and shall be maintained by the Plan Administrator the Employee Contribution Account. For Compensation earned during each day that an Employee remains a Participant under this Plan, the Employee shall make a contribution of seven and one-half percent (7.5%) of Compensation. Such contribution shall be credited to the Employee Contribution Account. In accordance with Section 414(h) of the Code and Sections 1.21 and
1.23 of this Plan, the contributions required under this Section 3.2 shall be Pick Up Contributions. Pick Up Contributions shall meet the requirements of Revenue Ruling 2006-
43. 3.3 Administrative Expenses
The Employer may make contributions to the Trust sufficient to defray all or part of the expenses of administering the Plan or may pay such expenses directly.
3.4 Allocation of Administrative Expenses
If the Employer chooses not to pay the expenses of administering this Plan, such expenses shall be charged ratably against the Participants' Aggregate Accounts.
3.5 Limits on Annual Additions
Annual additions credited to a Participant's Account during a Limitation Year shall not exceed the lesser of $40,000 (adjusted as permitted by Section 415(d) of the Code and Regulations issued thereunder) or 100 percent of Section 415 Compensation (provided that such 100 percent limitation shall not apply to any contributions for medical benefits after separation from service, within the meaning of Section 401(h) or Section 419A(f)(2) of the Code). This Section 3.5 shall be construed and interpreted in accordance with the provisions of Article IX.
8 3.6 Vesting
Except as set forth in Section 5.1, a Participant will be fully Vested in his Aggregate Account at all times. If the Plan's vesting schedule is amended or the Plan is amended in any way that directly or indirectly affects the computation of a Participant's nonforfeitable percentage, each Participant with at least three years of service with the Employer may elect within a reasonable period of time after the adoption of the amendment or change to have his nonforfeitable percentage computed under the Plan without regard to the amendment or change.
3.7 Investment in Accordance with Applicable Law
All contributions, interest earned, and any assets of the Plan shall at all times be invested and managed in accordance with the requirements of applicable law.
3.8 Reversions
The Employer shall have the right to a reversion of assets from this Plan if (1) a contribution is conditioned upon the initial qualification of the Plan, a timely determination letter request is filed, and the Plan receives an adverse determination, or (2) the reversion is due to a good faith mistake of fact, or (3) the contribution is conditioned on its deductibility under Section 404 of the Code. Notwithstanding the foregoing, (i) any contribution made by the Employer because of a mistake of fact must be returned to the Employer within one year of the contribution; (ii) in the event the deduction of a contribution made by the Employer is disallowed under Section 404 of the Code, such contribution (to the extent disallowed) must be returned to the Employer within one year of the disallowance of the deduction; and (iii) in the event that the Commissioner of Internal Revenue determines that the Plan is not initially qualified under the Internal Revenue Code, any contribution made incident to that initial qualification by the Employer must be returned to the Employer within one year after the date the initial qualification is denied, but only if the application for the qualification is made by the time prescribed by law for filing the Employer's return for the taxable year in which the Plan is adopted, or such later date as the Secretary of the Treasury may prescribe.
9 ARTICLE IV
FUNDING AND VALUATION
4.1 Funding
The assets of the Plan shall be held in a trust or invested in an insurance contract, which may or may not be held in a trust. For the purpose of funding this Plan, the Employer shall provide the Trustee or Investment Manager with written direction on how to invest the assets of the Plan. Notwithstanding anything to the contrary contained in the Trust Agreement, in-kind contributions shall not be permissible under the Plan. In the case of any conflict between this Plan document and any trust or custodial document under which assets of the Plan are held, this Plan document shall control.
4.2 Valuation
The value of a Participant's Employer Contribution Account and Employee Contribution Account shall be determined annually on a date hereafter referred to as a Valuation Date. As of each Valuation Date there shall be determined the amount of the investment gain or loss to be credited to the total of all assets held for Employer Contribution Accounts and Employee Contribution Accounts during the period since the preceding Valuation Date. The total adjustment shall be allocated among all of the individual Participant and Inactive Participant Accounts as of the current Valuation Date. The assets of the Trust shall be valued annually at fair market value. On the Valuation Date, the earnings and losses of the Trust will be allocated to each Participant and Inactive Participant.
4.3 Type and Nature of Plan
Neither the faith and credit nor the taxing power of the Employer, the State of California or any other political subdivision thereof other than the Employer is pledged to the distribution of benefits hereunder. Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of the Employer, but are payable solely from contributions, as more fully described herein. No Employee or Beneficiary may compel the exercise of the taxing power by the Employer. Distributions of benefits are not a debt of the Employer, the State of California or any of its political subdivisions within the meaning of any constitutional or statutory limitation or restriction. Distributions are not a legal or equitable pledge, charge, lien, or encumbrance, upon any of the Employer's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of this Plan, set aside for distributions of benefits. Neither the Participants of the legislative body of the Employer nor its officers, employees, agents, or volunteers are liable hereunder. Benefits under the Plan may not be assigned or alienated except to the extent allowable under Sections 401(a)(13) and 414(p) of the Code.
10 ARTICLE V
VESTING
5.1 Vesting in Employer Contribution Account
Each Participant shall be one hundred percent (100%) Vested in his Employer Contribution Account at all times.
5.2 Vesting in Employee Contribution Account
Each Participant shall be one hundred percent (100%) Vested in his Employee Contribution Account at all times.
5.3 Full or Partial Termination
Notwithstanding the vesting schedule in 5.1 and 5.2, upon the complete discontinuance of Employer contributions to the Plan or upon any full or partial termination of the Plan, all amounts credited to the Account of any affected Participant shall become one hundred percent (100%) Vested and shall not thereafter be subject to forfeiture for any reason.
11 ARTICLE VI
DISTRIBUTION OF BENEFITS
6.1 Incidental Death Benefits
(a) Distributions from the Plan shall be made in accordance with Section 401(a)(9) of the Code, including the incidental death benefits under Section 401(a)(9)(G) and the regulations thereunder. The required beginning date of benefit payments that represent the entire interest of the Participant shall be as follows:
(b) A Participant shall have the option of commencing distributions by April 1 following age 70½ or deferring payment until actual retirement. For avoidance of doubt, a Participant is not required to receive a distribution while an Employee (in 2009 or any other year).
(c) Time and Manner of Distribution.
(i) Required Beginning Date. The Participant’s entire interest will be distributed to the Participant no later than the Participant’s Required Beginning Date. (ii) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant’s entire interest will be distributed no later than December 31 of the calendar year immediately following the calendar year in which the Participant died.
(iii) Forms of Distribution. The Participant's interest shall be distributed in the form of a single sum on or before the Required Beginning Date. (iv) Required Beginning Date. The April 1 of the calendar year following the calendar year in which the Participant attains age 70½ or, if the Participant opts to defer payment until retirement, the April 1 of the calendar year following the calendar year in which the Participant actually retires.
6.2 Amount of Distribution
A Participant who terminates employment for any reason shall be entitled to one hundred percent (100%) of the value of his Aggregate Account determined as of the most current Valuation Date.
6.3 Lump Sum Distributions
All distributions shall be made in a lump sum payment in cash constituting the entire value of the distributee's Aggregate Account.
12 6.4 Time of Distribution
Unless otherwise specified herein, benefits shall become distributable to a Participant (or the Participant's Beneficiary in any case of the Participant's death) upon any termination of the Participant's employment by reason of resignation, discharge, retirement, disability, or death.
This Plan does not provide for mandatory distributions of any amount. Therefore, no distribution is made (regardless of the amount of the distribution) without the consent of the Participant (or the Participant's Beneficiary in any case of the Participant's death).
6.5 Participant's Rights Not Subject to Execution
The right of a Participant to a benefit under this Plan is not subject to execution or any other process whatsoever, except to the extent permitted and is unassignable.
6.6 Unclaimed Benefits
Each Participant and Beneficiary of a deceased Participant shall file with the Plan Administrator from time to time in writing, his home address and each change of home address. Any communication shall be addressed to the Participant or the Beneficiary at his last home address filed with the Plan Administrator, or if no such address was filed, then at his last home address as shown on the Employer's records, shall be binding on the Participant or Beneficiary for all purposes of the Plan. The Participant's Account balance shall be subject to the abandoned property law of the applicable jurisdiction.
6.7 Direct Rollovers
(a) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Plan, a distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. A distributee includes an Employee or former Employee. In addition, the Employee’s or former Employee’s surviving spouse and the Employee’s or former Employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse.
(b) A Beneficiary who is not the spouse of the Participant may elect a direct trustee to trustee transfer that qualifies as an eligible rollover distribution under this Section 6.7. Such transfer shall be made to an individual retirement plan described in Section 408(a) of the Code or an individual retirement account that is established for the purpose of receiving the distribution on behalf of such Beneficiary. Such individual retirement account shall be deemed an inherited IRA pursuant to the provisions of Section 402(c)(11) of the Code. Also, in this case, the determination of any required minimum distribution under Code Section 401(a)(9) that is ineligible for rollover shall be made in accordance with Notice 2007-7, Q&A 17 and 18, 2007-5 I.R.B. 395.
13 (c) Definitions
(i) Eligible Rollover Distribution
An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: (i) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; (ii) any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; (iii) any hardship distribution; (iv) and any other distribution(s) that is reasonably expected to total less than $200 during a year. For purposes of the $200 rule, a distribution from a designated Roth account and distributions from other accounts under the Plan are treated as made under separate plans. Any portion of a distribution that consists of after-tax employee contributions which are not includable in gross income may be transferred only to (A) a traditional individual retirement account or annuity described in Section 408(a) or (b) of the Code or Roth individual retirement account or annuity described in Section 408A of the Code; or (B) to a qualified plan described in Section 401(a) of the Code or to an annuity contract described in Section 403(b) of the Code, that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (ii) Eligible Retirement Plan
An eligible retirement plan is an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, a traditional IRA, a Roth IRA, an annuity plan described in Section 403(b) of the Code or a qualified plan described in Section 401(a) of the Code, that accepts the distributee’s eligible rollover distribution. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. If any portion of an eligible rollover distribution is attributable to payments or distributions from a designated Roth account, an eligible retirement plan with respect to such portion shall include only another designated Roth account of the individual from whose account the payments or distributions were made, or a Roth IRA of such individual.
(iii) Direct Rollover
A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee.
14 6.8 Military Service
Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. In addition, the survivors of any Participant who dies on or after January 1, 2007 while performing qualified military service, are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed and then terminated employment on account of death.
15 ARTICLE VII
DEATH BENEFITS
7.1 Designation of Beneficiary
Each Participant and Inactive Participant shall have the right to designate a Beneficiary to receive the death benefits that are payable from this Plan. Such designation must be evidenced by a written instrument filed with the Employer on a form prescribed by the Employer and signed by the Participant.
7.2 Married Participant
The Beneficiary for a married Participant shall at all times be the Participant's spouse and may not be changed to someone other than such spouse unless the consent of such spouse is provided upon a written form witnessed by a duly authorized Plan representative or a notary public and acceptable to the Employer. If no such designation is on file with the Employer at the time of the death of the Participant, or if for any reason at the sole discretion of the Employer such designation is defective, then the spouse of such Participant shall be conclusively deemed to be the Beneficiary designated to receive such benefit.
7.3 Spouse's Signature
The signature of the Participant's spouse shall be required on a designation of beneficiary form if the spouse is not the Beneficiary, unless the Participant declares in writing that one of the following conditions exists:
(a) The Participant is not married;
(b) The Participant does not know and has taken all reasonable steps to determine the whereabouts of the spouse;
(c) The spouse is incapable of executing the acknowledgement because of an incapacitating mental or physical condition.
7.4 Default Beneficiary
In the event the Participant dies and is not survived by a spouse, the Aggregate Account shall pass by the laws of intestacy.
16 7.5 Domestic Partners
For purposes of this Article VII only: (1) all references to “marriage” shall also include “registered domestic partnerships,” (2) individuals in a “registered domestic partnership” shall be considered “married,” and (3) all references to a “spouse” shall also include a “registered domestic partner.” A “registered domestic partner” and a “registered domestic partnership” refer to persons and partnerships satisfying the requirements of applicable law (including any registration requirements) as of the date of death.
17 ARTICLE VIII
ADMINISTRATION AND AMENDMENT OF PLAN
8.1 Designation of Plan Administrator
The Employer is the Plan Administrator under this Plan unless an individual employed by, or a position within the Employer, has been appointed by the Employer as Plan Administrator.
In addition to a Plan Administrator the Employer may designate a delegatee to perform those activities relating to the Plan as specified in the written appointment of such delegatee. The term "Employer" as used in this Article VIII shall mean the Plan Administrator or delegatee where responsibility for administration of the Plan has been given to such parties.
8.2 Rules and Regulations
The Employer shall supervise and control the operation of this Plan in accordance with its terms and may make rules and regulations for the administration of this Plan that are not inconsistent with the terms and provisions hereof. The Employer shall determine any questions arising in connection with the interpretation, application, or administration of the Plan (including any question of fact relating to age, employment, Compensation, or eligibility of Employees) and its decisions or actions in respect thereof shall be conclusive and binding upon any and all persons and parties. The Employer's interpretations, determinations and actions taken under the Plan shall in all cases result in like treatment for Employees who are similarly situated. In the event of any conflict between the terms of this Plan and conflicting provision contained in the Trust, the terms of this Plan will govern.
8.3 Amendment and Termination
The Employer shall have the right to amend, modify or terminate this Plan at any time. In the event of a termination or the complete discontinuance of this Plan, the entire interest of each Participant affected thereby shall immediately become 100% Vested. The Employer shall not be liable for the payment of any benefits under this Plan and all benefits hereunder shall be payable solely from the assets of the Trust. The Provider, as defined in section 4.08 of Rev.
Proc. 2017-41, may amend any part of the Plan solely for the purposes of the Plan continuing to satisfy the requirements on Internal Revenue Code Section 401. However, for purposes of reliance on an Opinion Letter, the Provider will no longer have the authority to amend the Plan on behalf of the Employer as of the date (1) the Employer amends the Plan to incorporate a type of plan described in section 6.03 of Rev. Proc. 2017-41 that is not permitted under the Pre-approved Plan program, or (2) the Internal Revenue Service notifies the Employer, in accordance with section 8.06(3) of Rev. Proc. 2017-41, that the Plan is an individually designed plan due to the nature and extent of Employer amendments to the Plan. The Provider will inform the Employer of any amendments made to the Plan or of the discontinuance of the Plan.
18 ARTICLE IX
ANNUAL ADDITION LIMITS
9.1 Construction
Section 3.5 of the Plan shall be construed in accordance with this Article IX. Unless the context clearly requires otherwise, words and phrases used in this Article IX shall have the same meanings that are assigned to them under the Plan.
9.2 Definitions
As used in this Article IX, the following terms shall have the meanings specified below. (a) "Annual Additions" shall mean the sum credited to a Participant's Accounts for any Plan Year of (i) Employer contributions, (ii) Employee contributions, (iii) forfeitures, (iv) amounts credited after March 31, 1984 to an individual medical account, as defined in Section 415(1)(2) of the Code which is part of a pension and annuity maintained by the Employer, (v) amounts derived from contributions paid or accrued which are attributable to post-retirement medical benefits, allocated to the separate account of a key employee, as defined in Section 419A(d)(3) of the Code, under a welfare benefit fund, as defined in Section 419(e) of the Code, maintained by the Employer, and (vi) allocations under a simplified employee pension.
(b) "Defined Benefit Plan" means a plan described in Section 414(j) and 414(k)(2) of the Code.
(c) "Defined Contribution Plan" means a plan described in Section 414(i) and 414(k)(2) of the Code.
(d) "Section 415 Compensation" shall mean a Participant's wages within the meaning of Code Section 3401(a) and all other payments of compensation to the Participant by the Employer (in the course of the Employer's business) for which the Employer is required to provide the Participant a written statement under Code Sections 6041(d), 6051(a)(3) and 6052. Section 415 Compensation shall be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed. Compensation for any Limitation Year is the compensation actually paid or includible in gross income during such year. Compensation paid or made available during a Limitation Year shall include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k) or 457(b). After December 31, 2008, differential wage payments shall be treated as payment of wages under Code Section 3401(a) for purposes of Code Section 415(c)(3). Section 415 Compensation does not include any amounts paid following a severance from employment, except amounts paid or includible in gross income by the later of 2 1/2 months after a severance from employment or the end of the Plan Year that includes the severance from employment shall be included if, (i) absent the severance
19 from employment, such compensation would have been paid to the Participant while the Participant continued in employment with the Employer, and such payments represent regular compensation for services during the Participant’s regular working hours (or compensation for services outside the Participant’s regular working hours, such as overtime or shift differential), commissions, bonuses or similar compensation, (ii) the payment is for unused accrued bona fide sick, vacation or other leave that the Participant would have been able to use if employment had continued, or (iii) the payment is received by the Participant pursuant to a nonqualified unfunded deferred compensation plan and would have been paid at the same time if employment had continued, but only to the extent includible in gross income. Any payments not described above shall not be considered Section 415 Compensation if paid after severance from employment, even if they are paid by the later of 2 1⁄2 months after the date of severance from employment or the end of the Limitation Year that includes the date of severance from employment.
9.3 Annual Addition Limitations
(a) Annual Additions shall not exceed the limit set forth in Section 3.5 of Article III of the Plan.
(b) The compensation limitation of Section 3.5 of the Plan shall not apply to any contribution for medical benefits (within the meaning of Code Section 419A(f)(2)) after separation from service which is treated as an Annual Addition. (c) If any Employer contributes amounts, on behalf of Participants covered by the Plan, to other Defined Contribution Plans, the limitation on Annual Additions provided in Article III of the Plan shall be applied to Annual Additions in the aggregate to the Plan and such other plans. Reduction of Annual Additions, where required, shall be accomplished by reducing contributions under such other plans pursuant to the directions of the fiduciary for administration of such other plans or under priorities, if any, established by the terms of such other plans, and then, if necessary, by reducing contributions under the Plan. (1) This Section 9.3(c)(1) applies if, in addition to this Plan, the Participant is covered under another qualified pre-approved Defined Contribution Plan maintained by the Employer, a welfare benefit fund maintained by the Employer, an individual medical account maintained by the Employer, or a simplified employee pension maintained by the Employer, that provides an Annual Addition during any Limitation Year. The Annual Additions which may be credited to a Participant's Account under this Plan for any such Limitation Year will not exceed the maximum permissible amount reduced by the Annual Additions credited to a Participant's account under the other qualified pre-approved Defined Contribution Plans, welfare benefit funds, individual medical accounts, and simplified employee pensions for the same Limitation Year. If the Annual Additions with respect to the Participant under other qualified pre-approved Defined Contribution Plans, welfare benefit funds, individual medical accounts, and simplified employee pensions maintained by the Employer are less than the maximum permissible amount and the Employer contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions under all such plans and funds for the
20 Limitation Year will equal the maximum permissible amount. If the Annual Additions with respect to the Participant under such other qualified pre-approved Defined Contribution Plans, welfare benefit funds, individual medical accounts, and simplified employee pensions in the aggregate are equal to or greater than the maximum permissible amount, no amount will be contributed or allocated to the Participant's Account under this Plan for the Limitation Year.
(2) If the Participant is covered under another qualified Defined Contribution Plan maintained by the Employer which is not a pre-approved plan, Annual Additions which may be credited to the Participant's Account under this Plan for any Limitation Year will be limited in accordance with this section as though the other plan were a pre-approved plan. (d) If a short Limitation Year is created because of an amendment changing the Limitation Year to a different 12-consecutive month period, the maximum permissible amount will not exceed the limitation in Section 3.5 multiplied by a fraction, the numerator of which is the number of months in the short Limitation Year, and the denominator of which is 12.
(e) In the event the limitations of Section 3.5 of the Plan or Sections 9.3(a) through (d) of this Article IX are exceeded such excess may be corrected through the Employee Plans Compliance Resolution System as permitted by applicable IRS guidance (such as under Rev. Proc. 2016-51 or its successors).
21 ADOPTION OF THE
AMENDED AND RESTATED
CITY OF YUBA CITY
PARS ALTERNATE RETIREMENT SYSTEM
The Employer may rely on an opinion letter issued by the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Internal Revenue Code except to the extent provided in Rev. Proc. 2017-41.
An Employer who has ever maintained or who later adopts any plan (including a welfare benefit fund, as defined in Section 419(e) of the Code, which provides post-retirement medical benefits allocated to separate accounts for key employees, as defined in Section 419A(d)(3) of the Code, or an individual medical account, as defined in Section 415(l)(2) of the Code) in addition to this Plan may not rely on the opinion letter issued by the Internal Revenue Service with respect to the requirements of Section 415.
The Employer may not rely on the opinion letter in certain other circumstances, which are specified in the opinion letter issued with respect to the Plan or in Rev. Proc. 2017-41.
The Amended and Restated City of Yuba City PARS Alternate Retirement System is hereby adopted.
BY: ________________________________________________________ Diana Langley
TITLE: City Manager
DATE:
Provider: Public Agency Retirement Services
P.O. Box 11119
Newport Beach, CA 92658-5019
(800) 540-6369
Opinion Letter Serial No: Q702335a
AMENDMENT TO THE
CITY OF YUBA CITY
PARS ALTERNATE RETIREMENT SYSTEM
WHEREAS, the City of Yuba City (the "Employer") adopted the City of Yuba City PARS Alternate Retirement System (the "Plan"), amended and restated effective June 7, 2022; and WHEREAS, the Employer desires to amend the Plan in response to the Setting Every Community up for Retirement Act (the “SECURE Act”) to increase the Required Beginning Date age to 72 for participants who turn 70½ in the calendar year 2020 and after; and WHEREAS, the Employer further desires to amend the Plan in response to the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to waive 2020 required minimum distributions; and
WHEREAS, the Employer has the right to amend the Plan in accordance with Section 8.3 of the Plan.
NOW THEREFORE, BE IT RESOLVED, effective January 1, 2020, the Plan is hereby amended as follows:
1. Section 6.1, Incidental Death Benefits, is hereby amended in its entirety to read.
6.1 Incidental Death Benefits
(a) Distributions from the Plan shall be made in accordance with Section 401(a)(9) of the Code, including the incidental death benefits under Section 401(a)(9)(G) and the regulations thereunder. The Required Beginning Date of benefit payments that represent the entire interest of the Participant shall be as follows:
(b) A Participant shall have the option of commencing distributions by (i) April 1 following (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72 if the Participant was born after June 30, 1949, or (ii) deferring payment until actual retirement.
For avoidance of doubt, a Participant is not required to receive a distribution while an Employee (in 2009 or any other year).
(c) Time and Manner of Distribution.
(i) Required Beginning Date. The Participant’s entire interest will be distributed to the Participant no later than the Participant’s Required Beginning Date. (ii) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant’s entire interest will be distributed no later than December 31 of the calendar year immediately following the calendar year in which the Participant died.
(iii) Forms of Distribution. The Participant's interest shall be distributed in the form of a single sum on or before the Required Beginning Date. (iv) Required Beginning Date. The April 1 of the calendar year following the calendar year in which the Participant attains (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72 if the Participant was born after June 30, 1949, or, if the Participant opts to defer payment until retirement, the April 1 of the calendar year following the calendar year in which the Participant actually retires. (d) Notwithstanding any contrary provision in this Section 6.1, in accordance with section 2203 of the CARES Act, any distribution that is required in 2020 by Section 6.1(c) (which implements the minimum distribution requirements of Section 401(a)(9) of the Code) will not be made. In addition, notwithstanding Section 6.7 of the Plan, and solely for purposes of applying the direct rollover provisions of the Plan, any amount that would otherwise be a minimum distribution under Code section 401(a)(9) in 2020 will be treated as an eligible rollover distribution.
2. All other terms and conditions under the Plan shall remain in full force and effect.
IN WITNESS WHEREOF, this amendment is hereby adopted effective as of the date executed below.
CITY OF YUBA CITY
By:
Diana Langley
Title: City Manager
Dated:
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: June 7, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Salary Schedule Changes
Recommendation: Adopt a Resolution:
A. Approving an updated City salary schedule that eliminates unused classifications and includes one title change
B. Approving removal of the salary schedule item tied to the five (5) percent salary increase for the Fire Captain temporarily assigned by the Fire Chief to Fire Prevention (so that the increase can more properly be accounted for and report to CalPERS as a special compensation item)
C. Approving side letters with bargaining units incorporating salary schedule changes
Fiscal Impact: None
Purpose:
Staff would like to update the salary schedule by eliminating unused classifications in the following bargaining units: Yuba City Public Employees’ Union Local 1 (Local 1), First Level Managers, MidManagers, Yuba City Firefighters’ Association Local 3793 (Local 3793), unrepresented confidential employees. Additionally, there is one proposed title change for a Local 1 classification in Public Works.
Council’s Strategic Goal:
Fiscal Responsibility
Background:
Staff reviewed the salary schedule to identify unused classifications. Department heads provided input on the elimination of the classifications from the salary schedule. Public Works/Development Services Director, Mr. Moody, recommended one classification title change in the Local 1 bargaining unit (Engineer-Assistant Civil to Engineer-Assistant). On a parallel path, staff has been working with affected safety units to make technical changes to how special assignment pay is identified and
reported to CalPERS to ensure compliance with CalPERS regulations. The special assignment pay for the Fire Captain temporarily assigned by the Fire Chief to Fire Prevention is one such item.
After the department heads reviewed, the salary schedule update recommendations were forwarded to the appropriate bargaining unit for review. CalPERS requires the salary schedule to be approved and adopted by City Council.
Analysis:
A publicly-available salary schedule is required by CalPERS and is a critical component to verify all pay rates when calculating retirement benefits. Maintaining a compliant and updated publicly available pay schedule will support transparency and expedite CalPERS’ review process. Additionally, a wellorganized salary schedule streamlines classifications and eliminates confusion (for both employees and the public) regarding unused classifications.
The following unused classifications are proposed for elimination or title change from the salary schedule. There are two job classification numbers (JCN) for the classification as one number is for the step 5 salary schedule and the second number is for the classification on the step 9 salary schedule.
Public Employees’ Union, Local 1 Step 5 and Step 9 Classification Deletions:
JCN 4052, 5101 Account Clerk
JCN 4015, 5015 Accounting Technician
JCN 4025, 5025 Administrative Technician
JCN 4031, 5031 Facility Aide
JCN 4028, 5028 Housing Programs Analyst I
JCN 4045, 5045 Laboratory Receptionist
Public Employees’ Union, Local 1 Step 5 and Step 9 (Title Change only):
JCN 4300, 5300 Engineer-Assistant Civil to Engineer-Assistant First Level Management, Step 5 and Step 9 Deletions:
JCN 6112, 6512 Ground Water Distribution Supervisor
JCN 6062, 6462 Housing Programs Analyst II
JCN 6080, 6480 Laboratory Manager
JCN 6131, 6531 Maintenance Supervisor-Water Distribution 3 JCN 6132, 6532 Maintenance Supervisor-Water Distribution 4 JCN 6095, 6495 Permit Center Manager
Mid-Managers, Step 5 and Step 9 Deletions:
JCN 7116, 7116, Assistant Chief-Fire Operations (Interim) JCN 7117, 7117, Assistant Chief-Fire Administration (Interim) JCN 7135, 7136, Assistant Public Works Director
JCN 7140, 7540, Assistant Public Works Director-Utilities JCN 7310, 7710, Engineer-Senior-City Surveyor
JCN 7130, 7530, Principal Planner
JCN 7090, 7490, Public Works Superintendent
Confidential, Step 5 and Step 9 Deletion:
JCN 1048, 1248 Accountant I
Yuba City Firefighters’ Association, Local 3793, Step 5 Deletion:
JCN 3180, Fire Captain (Prevention)
The Yuba City Firefighters’ Association, Local 3793 and staff are requesting elimination of the salary schedule language “Fire Captain assigned by the Fire Chief to Fire Prevention shall receive five (5)
percent salary increase above the appropriate Fire-Captain salary step for the period of the temporary assignment”. This language will be incorporated into this unit’s Memorandum of Understanding as special assignment pay via a side letter.
The bargaining units were notified of the recommended changes and provided their input on the changes. Additionally, the bargaining units are in agreement with the recommended changes. If approved, the updated salary schedule and side letters will be effective June 18, 2022.
Fiscal Impact:
None.
Alternatives:
Do not approve Salary Schedule changes and provide staff direction.
Recommendation:
Adopt a Resolution:
A) Approving an updated City salary schedule that eliminates unused classifications and includes one title change.
B) Approving removal of the salary schedule item tied to the five (5) percent salary increase for the Fire Captain temporarily assigned by the Fire Chief to Fire Prevention (so that the increase can more properly be accounted for and report to CalPERS as a special compensation item).
C) Approving side letters with bargaining units incorporating salary schedule changes.
Attachments:
1. Resolution
2. Salary Schedule
3. Local 3793 Side Letter
4. Local 1 Side Letter
5. First Level Manager Side Letter
6. Mid Manager Side Letter
Prepared By: Submitted By:
Natalie Springer
Human Resources Director
Diana Langley
City Manager
Attachment 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING THE SALARY SCHEDULE TO INCORPORATE CLASSIFICATION AND
SPECIAL ASSIGNMENT ELIMINATIONS AND ONE CLASSIFICATION TITLE CHANGE
WHEREAS, City staff reviewed the salary schedule and made recommendations to update it by eliminating unused classifications as well as changing one classification title; WHEREAS, City staff recommended removal of one Fire special assignment pay from the salary schedule and incorporation of it as special assignment pay under the applicable memorandum of understanding with Yuba City Firefighters Association, Local 3793;
WHEREAS, the affected departments and bargaining units reviewed and approved the salary schedule changes and related side letters;
WHEREAS, the City complies with CalPERS salary schedule requirements, which require the City to have a publicly-available pay schedule describing the City’s approved compensation ranges;
WHEREAS, in light of the classification changes, the salary schedule requires revision; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
SECTION I. Eliminate the following unused classifications:
Confidential, Unrepresented, Step 5 and Step 9 JCNs:
JCN 1048, 1248 Accountant I
First Level Management, Step 5 and Step 9 JCNs:
JCN 6112, 6512 Ground Water Distribution Supervisor
JCN 6062, 6462 Housing Programs Analyst II
JCN 6080, 6480 Laboratory Manager
JCN 6131, 6531 Maintenance Supervisor-Water Distribution 3 JCN 6132, 6532 Maintenance Supervisor-Water Distribution 4 JCN 6095, 6495 Permit Center Manager
Mid-Managers, Step 5 and Step 9 JCNs:
JCN 7116, 7116 Assistant Chief-Fire Operations (Interim) JCN 7117, 7117 Assistant Chief-Fire Administration (Interim) JCN 7135, 7136 Assistant Public Works Director
JCN 7140, 7540 Assistant Public Works Director-Utilities JCN 7310, 7710 Engineer-Senior-City Surveyor
JCN 7130, 7530 Principal Planner
JCN 7090, 7490 Public Works Superintendent
Public Employees’ Union, Local 1, Step 5 and Step 9 JCNs:
JCN 4052, 5101 Account Clerk
JCN 4015, 5015 Accounting Technician
JCN 4025, 5025 Administrative Technician
JCN 4031, 5031 Facility Aide
JCN 4028, 5028 Housing Programs Analyst I
JCN 4045, 5045 Laboratory Receptionist
SECTION II. Change the title of the following classification:
Public Employees’ Union, Local 1
From JCN 4300, 5300 Engineer-Assistant Civil to JCN 4300, 5300 Engineer-Assistant SECTION III. Remove language from salary schedule to Yuba City Firefighters’ Association, Local 3793 Memorandum of Understanding via side letter and delete JCN 3180, Fire Captain (Prevention) on the salary schedule as follows:
Fire Captain assigned by the Fire Chief to Fire Prevention shall receive five (5) percent salary increase above the appropriate Fire-Captain salary step for the period of the temporary assignment and shall be designated as follows:
SECTION IV.
Approve the side letters for Yuba City Firefighters Association, Local 3793, Public Employees’ Union, Local 1, First Level Managers and Mid Managers.
SECTION V.
The updated salary schedule and side letters are effective June 18, 2022.
SECTION VI.
The Director of Finance is hereby authorized to make the requested salary schedule modifications.
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 7th day of June 2022.
AYES:
NOES:
ABSENT:
_____________________
Dave Shaw, Mayor
ATTEST:
______________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel
ATTACHMENT 2
Confidential
Bargaining
JCN CLASSIFICATION Group 12 345
1050 ADMINISTRATIVE ANALYST I CON 4,666 4,899 5,144 5,401 5,671 Monthly
26.92 28.26 29.68 31.16 32.72 Hourly
1052 ADMINISTRATIVE ANALYST II CON 5,273 5,537 5,814 6,105 6,410 Monthly
30.42 31.94 33.54 35.22 36.98 Hourly
1045 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 4,186 4,395 4,615 4,846 5,088 Monthly
24.15 25.36 26.63 27.96 29.35 Hourly
1018 HUMAN RESOURCES TECHNICIAN I CON 3,601 3,781 3,970 4,168 4,376 Monthly
20.78 21.81 22.90 24.05 25.25 Hourly
1020 HUMAN RESOURCES TECHNICIAN II CON 3,961 4,159 4,367 4,585 4,814 Monthly
22.85 23.99 25.19 26.45 27.77 Hourly
1062 MANAGEMENT ANALYST CON 5,800 6,090 6,395 6,715 7,051 Monthly
33.46 35.13 36.89 38.74 40.68 Hourly
Confidential employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month Confidential Unit
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Confidential
Bargaining
JCN CLASSIFICATION Group 12 3456789
1250 ADMINISTRATIVE ANALYST I CON 4,666 4,783 4,899 5,022 5,144 5,273 5,401 5,536 5,671 Monthly
27.59 26.92 28.26 28.97 29.68 30.42 31.16 31.94 32.72 Hourly 1252 ADMINISTRATIVE ANALYST II CON 5,273 5,405 5,537 5,676 5,814 5,960 6,105 6,257 6,410 Monthly
31.18 30.42 31.94 32.75 33.54 34.38 35.22 36.10 36.98 Hourly 1245 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 4,186 4,291 4,395 4,505 4,615 4,731 4,846 4,967 5,088 Monthly
24.76 24.15 25.36 25.99 26.63 27.29 27.96 28.66 29.35 Hourly 1218 HUMAN RESOURCES TECHNICIAN I CON 3,601 3,691 3,781 3,876 3,970 4,069 4,168 4,272 4,376 Monthly
21.29 20.78 21.81 22.36 22.90 23.48 24.05 24.65 25.25 Hourly 1220 HUMAN RESOURCES TECHNICIAN II CON 3,961 4,060 4,159 4,263 4,367 4,476 4,585 4,699 4,814 Monthly
23.42 22.85 23.99 24.59 25.19 25.82 26.45 27.11 27.77 Hourly 1262 MANAGEMENT ANALYST CON 5,800 5,945 6,090 6,243 6,395 6,555 6,715 6,883 7,051 Monthly
34.30 33.46 35.13 36.02 36.89 37.82 38.74 39.71 40.68 Hourly Confidential employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month Confidential Unit
SALARY STEPS
EFFECTIVE 04/28/18 - NEW HIRES ONLY
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Executive Unit
Bargaining
JCN CLASSIFICATION Group 12 345
8070 * CITY MANAGER CM - - - - 17,500 Monthly
- - - - 100.96 Hourly
8090* PUBLIC WORKS & DEVELOPMENT SERVICES DIRECTOR DH 11,817 - - - 15,535 Monthly
68.17 - - - 89.62 Hourly
8010* DIRECTOR OF HUMAN RESOURCES DH 10,020 - - - 12,545 Monthly
57.81 - - - 72.38 Hourly
8140* DIRECTOR OF COMMUNITY SERVICES DH 8,600 - - - 13,021 Monthly - 49.61 - - 75.12 Hourly
8030* FIRE CHIEF DH 12,461 - - - 15,600 Monthly
71.89 - - - 90.00 Hourly
8050* POLICE CHIEF DH 12,461 - - - 15,600 Monthly
71.89 - - - 90.00 Hourly
8020* DIRECTOR OF FINANCE DH 10,022 - - - 13,764 Monthly
57.82 - - - 79.41 Hourly
* Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).
Executive Unit employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
Executive Unit
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Fire Association
Bargaining
JCN CLASSIFICATION Group 12 345
3110** FIRE RECRUIT FIRE - - - - 4,230 Monthly
- - - - 17.43 Hourly
3120** FIREFIGHTER I FIRE - - - - 4,693 Monthly
- - - - 19.34 Hourly
3130** FIREFIGHTER II FIRE - - - - 7,164 Monthly
- - - - 29.52 Hourly
3140** FIRE APPARATUS OPERATOR FIRE - - - 7,481 7,855 Monthly - - - 30.83 32.37 Hourly
3150** FIRE CAPTAIN FIRE 7,368 7,736 8,123 8,529 8,955 Monthly
30.36 31.88 33.47 35.15 36.90 Hourly
3160 FIRE SAFETY INSPECTOR I FIRE 5,081 5,335 5,602 5,882 6,176 Monthly
29.31 30.78 32.32 33.93 35.63 Hourly
3170 FIRE SAFETY INSPECTOR II FIRE 5,667 5,950 6,248 6,560 6,888 Monthly
32.69 34.33 36.05 37.85 39.74 Hourly
FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:
Bargaining
JCN CLASSIFICATION Group 12 345
-
3250 FIRE CAPTAIN FIRE 7,368 7,736 8,123 8,529 8,955
42.51 44.63 46.86 49.21 51.66
3210 FIRE RECRUIT FIRE 4,230
24.41 3220 FIREFIGHTER I FIRE 4,693
27.08 3230 FIREFIGHTER II FIRE 7,164
41.33 3240 FIRE - APPARATUS OPERATOR FIRE 7,481 7,855
43.16 45.32
Fire employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
Fire Association
SALARY STEPSSALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Fire Management
Bargaining
JCN CLASSIFICATION Group 12 345
6055** FIRE BATTALION CHIEF FM 8,472 8,896 9,341 9,808 10,298 Monthly
34.91 36.66 38.49 40.42 42.44 Hourly
6066 FIRE MARSHAL FM 7,919 8,315 8,731 9,168 9,627 Monthly
45.69 47.97 50.37 52.89 55.54 Hourly
FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:
Bargaining
JCN CLASSIFICATION Group 12 345
6140 FIRE BATTALION CHIEF FM 8,472 8,896 9,341 9,808 10,298 Monthly
48.88 51.32 53.89 56.58 59.41 Hourly
** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.Fire Management
SALARY STEPSSALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 345
6069 ACCOUNTANT II FLM 5,714 6,000 6,300 6,615 6,946 Monthly
32.97 34.62 36.35 38.16 40.07 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 5,095 5,350 5,618 5,899 6,193 Monthly
29.39 30.87 32.41 34.03 35.73 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 3,850 4,042 4,244 4,456 4,679 Monthly
22.21 23.32 24.48 25.71 26.99 Hourly
6035 COMMUNICATIONS CENTER COORDINATOR FLM 5,674 5,958 6,256 6,569 6,897 Monthly
32.73 34.37 36.09 37.90 39.79 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 5,157 5,415 5,686 5,970 6,269 Monthly
29.75 31.24 32.80 34.44 36.17 Hourly
6044 CRIME ANALYST FLM 4,293 4,508 4,733 4,970 5,218 Monthly
24.77 26.01 27.31 28.67 30.11 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 5,095 5,350 5,618 5,899 6,193 Monthly
29.39 30.87 32.41 34.03 35.73 Hourly
6215 DEVELOPMENT LIAISON FLM 5,095 5,350 5,618 5,899 6,193 Monthly
30.87 29.39 32.41 34.03 35.73 Hourly
6220 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 7,249 7,611 7,992 8,392 8,811 Monthly
41.82 43.91 46.11 48.42 50.83 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 6,512 6,838 7,180 7,539 7,916 Monthly
37.57 39.45 41.42 43.49 45.67 Hourly
6225 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,240 6,552 6,880 7,224 7,585 Monthly
37.80 36.00 39.69 41.68 43.76 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6064 INFORMATION TECHNOLOGY ANALYST FLM 5,785 6,074 6,378 6,697 7,032 Monthly
33.38 35.04 36.80 38.64 40.57 Hourly
6142 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 6,364 6,682 7,016 7,367 7,736 Monthly
36.72 38.55 40.48 42.50 44.63 Hourly
First Level Management - Page 1
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 345
6085 LABORATORY SUPERVISOR FLM 6,547 6,874 7,218 7,579 7,958 Monthly
37.77 39.66 41.64 43.73 45.91 Hourly
6040 MAINTENANCE SUPERVISOR-STREETS FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6043 PARKS MAINTENANCE SUPERVISOR FLM 5,651 5,934 6,231 6,543 6,870 Monthly
32.60 34.23 35.95 37.75 39.64 Hourly
6061 PLANNER-ASSOCIATE FLM 5,095 5,350 5,618 5,899 6,193 Monthly
29.39 30.87 32.41 34.03 35.73 Hourly
6065 PLANT MAINTENANCE SUPERVISOR FLM 6,291 6,606 6,936 7,283 7,647 Monthly
36.29 38.11 40.02 42.02 44.12 Hourly
6030* RECREATION SUPERVISOR I FLM 5,200 5,460 5,733 6,020 6,321 Monthly
30.00 31.50 33.08 34.73 36.47 Hourly
6045* RECREATION SUPERVISOR II FLM 5,980 6,279 6,593 6,923 7,269 Monthly
34.50 36.23 38.04 39.94 41.94 Hourly
6046* RECREATION SUPERVISOR III FLM 6,579 6,908 7,253 7,616 7,996 Monthly
39.85 37.96 41.84 43.94 46.13 Hourly
6210 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,291 6,606 6,936 7,283 7,647 Monthly
38.11 36.29 40.02 42.02 44.12 Hourly
6096 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 6,955 7,303 7,668 8,051 8,454 Monthly
40.13 42.13 44.24 46.45 48.77 Hourly
6111 WASTEWATER TRT FACILITY SUPERVISOR FLM 8,346 8,763 9,201 9,661 10,144 Monthly
48.15 50.56 53.08 55.74 58.52 Hourly
6041 WATER DISTRIBUTION SUPERVISOR FLM 6,955 7,303 7,668 8,051 8,454 Monthly
42.13 40.13 44.24 46.45 48.77 Hourly
6160 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 6,955 7,303 7,668 8,051 8,454 Monthly
40.13 42.13 44.24 46.45 48.77 Hourly
6110 WATER TREATMENT FACILITY SUPERVISOR FLM 8,346 8,763 9,201 9,661 10,144 Monthly
48.15 50.56 53.08 55.74 58.52 Hourly
First Level Management - Page 2
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Pensionable Compensation for New Members (PEPRA)
A shift differential of 5% of base pay shall be paid to those supervisors who are assigned to work an operator shift from 7:00pm to 7:00am.
If a supervisor who is assigned to an operator shift elects to utilize vacation, sick leave, CTO or any other paid leave time, shall not be paid shift differential while on such leave.Education Pay:The Communications Center Coordinator (JCN 6035) shall receive education incentive pay.Education Incentive pay shall be base pay cumulative but not compounded and shall have a 7.5% cap. POST Public Safety Dispatch Intermediate 2.50% POST Public Safety Dispatch Advance 2.50% AA or AS degree 2.50% BA or BS degree 5.00%Non-Water FLM employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap)First Level Managers who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
+ Indicates classifications which are exempt from the Fair Labor Standards Act (FLSA).First Level Management - Page 3
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 3456789
6469 ACCOUNTANT II FLM 5,714 5,857 6,000 6,150 6,300 6,458 6,615 6,781 6,946 Monthly
33.79 32.97 34.62 35.48 36.35 37.26 38.16 39.12 40.07 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 3,850 3,946 4,042 4,143 4,244 4,350 4,456 4,567 4,679 Monthly
22.77 22.21 23.32 23.90 24.48 25.10 25.71 26.35 26.99 Hourly 6435 COMMUNICATIONS CENTER COORDINATOR FLM 5,674 5,816 5,958 6,107 6,256 6,413 6,569 6,733 6,897 Monthly
33.55 32.73 34.37 35.23 36.09 37.00 37.90 38.84 39.79 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 5,157 5,286 5,415 5,551 5,686 5,828 5,970 6,119 6,269 Monthly
30.50 29.75 31.24 32.03 32.80 33.62 34.44 35.30 36.17 Hourly 6444 CRIME ANALYST FLM 4,293 4,401 4,508 4,621 4,733 4,852 4,970 5,094 5,218 Monthly
25.39 24.77 26.01 26.66 27.31 27.99 28.67 29.39 30.11 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6515 DEVELOPMENT LIAISON FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6420 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 7,249 7,430 7,611 7,802 7,992 8,192 8,392 8,602 8,811 Monthly
41.82 42.87 43.91 45.01 46.11 47.26 48.42 49.63 50.83 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 6,512 6,675 6,838 7,009 7,180 7,360 7,539 7,728 7,916 Monthly
38.51 37.57 39.45 40.44 41.42 42.46 43.49 44.58 45.67 Hourly 6425 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,240 6,396 6,552 6,716 6,880 7,052 7,224 7,405 7,585 Monthly
36.90 36.00 37.80 38.75 39.69 40.68 41.68 42.72 43.76 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 5,785 5,930 6,074 6,226 6,378 6,538 6,697 6,864 7,032 Monthly
34.21 33.38 35.04 35.92 36.80 37.72 38.64 39.60 40.57 Hourly First Level Management (9 Step) - Page 1
EFFECTIVE 11/25/17 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 3456789
6542 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 6,364 6,523 6,682 6,849 7,016 7,192 7,367 7,551 7,736 Monthly
37.63 36.72 38.55 39.51 40.48 41.49 42.50 43.56 44.63 Hourly 6485 LABORATORY SUPERVISOR FLM 6,547 6,711 6,874 7,046 7,218 7,399 7,579 7,769 7,958 Monthly
38.72 37.77 39.66 40.65 41.64 42.69 43.73 44.82 45.91 Hourly 6440 MAINTENANCE SUPERVISOR-STREETS FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6443 PARKS MAINTENANCE SUPERVISOR FLM 5,651 5,793 5,934 6,083 6,231 6,387 6,543 6,707 6,870 Monthly
33.42 32.60 34.23 35.09 35.95 36.85 37.75 38.69 39.64 Hourly 6461 PLANNER-ASSOCIATE FLM 5,095 5,223 5,350 5,484 5,618 5,759 5,899 6,046 6,193 Monthly
30.13 29.39 30.87 31.64 32.41 33.23 34.03 34.88 35.73 Hourly 6465 PLANT MAINTENANCE SUPERVISOR FLM 6,291 6,449 6,606 6,771 6,936 7,110 7,283 7,465 7,647 Monthly
37.21 36.29 38.11 39.06 40.02 41.02 42.02 43.07 44.12 Hourly 6430 RECREATION SUPERVISOR I FLM 5,200 5,330 5,460 5,597 5,733 5,877 6,020 6,171 6,321 Monthly
30.75 30.00 31.50 32.29 33.08 33.91 34.73 35.60 36.47 Hourly 6445 RECREATION SUPERVISOR II FLM 5,980 6,130 6,279 6,436 6,593 6,758 6,923 7,096 7,269 Monthly
35.37 34.50 36.23 37.13 38.04 38.99 39.94 40.94 41.94 Hourly 6446 RECREATION SUPERVISOR III FLM 6,579 6,744 6,908 7,081 7,253 7,435 7,616 7,806 7,996 Monthly
38.91 37.96 39.85 40.85 41.84 42.89 43.94 45.03 46.13 Hourly 6610 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,291 6,449 6,606 6,771 6,936 7,110 7,283 7,465 7,647 Monthly
37.21 36.29 38.11 39.06 40.02 41.02 42.02 43.07 44.12 Hourly 6496 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 6,955 7,129 7,303 7,486 7,668 7,860 8,051 8,252 8,454 Monthly
41.13 40.13 42.13 43.19 44.24 45.35 46.45 47.61 48.77 Hourly 6511 WASTEWATER TRT FACILITY SUPERVISOR FLM 8,346 8,555 8,763 8,982 9,201 9,431 9,661 9,902 10,144 Monthly
49.36 48.15 50.56 51.82 53.08 54.41 55.74 57.13 58.52 Hourly 6441 WATER DISTRIBUTION SUPERVISOR FLM 6,955 7,129 7,303 7,486 7,668 7,860 8,051 8,253 8,454 Monthly
41.13 40.13 42.13 43.19 44.24 45.35 46.45 47.61 48.77 Hourly 6560 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 6,955 7,129 7,303 7,486 7,668 7,860 8,051 8,252 8,454 Monthly
41.13 40.13 42.13 43.19 44.24 45.35 46.45 47.61 48.77 Hourly 6510 WATER TREATMENT FACILITY SUPERVISOR FLM 8,346 8,555 8,763 8,982 9,201 9,431 9,661 9,902 10,144 Monthly
49.36 48.15 50.56 51.82 53.08 54.41 55.74 57.13 58.52 Hourly First Level Management (9 Step) - Page 2
EFFECTIVE 11/25/17 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
First Level Management
Pensionable Compensation for New Members (PEPRA)
A shift differential of 5% of base pay shall be paid to those supervisors who are assigned to work an operator shift from 7:00pm to 7:00am.
If a supervisor who is assigned to an operator shift elects to utilize vacation, sick leave, CTO or any other paid leave time, shall not be paid shift differential while on such leave.Education Pay:The Communications Center Coordinator (JCN 6035) shall receive education incentive pay. POST Public Safety Dispatch Intermediate 2.50% POST Public Safety Dispatch Advance 2.50% AA or AS degree 2.50% BA or BS degree 5.00%Non-Water FLM employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap)First Level Managers who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
+ Indicates classifications which are exempt from the Fair Labor Standards Act (FLSA).First Level Management (9 Step) - Page 3
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Mid Managers
Bargaining
JCN CLASSIFICATION Group 12 3456
7165* ACCOUNTING MANAGER MM 8,952 9,400 9,870 10,364 10,882 Monthly
54.23 51.65 56.94 59.79 62.78 Hourly
7070* ADMINISTRATIVE ANALYST III MM 6,585 6,914 7,260 7,623 8,004 Monthly
37.99 39.89 41.88 43.98 46.17 Hourly
7010* ADMINISTRATIVE MANAGER MM 8,014 8,415 8,836 9,278 9,741 Monthly
46.23 48.55 50.98 53.53 56.20 Hourly
7125* ANIMAL SERVICES MANAGER MM 7,134 7,491 7,866 8,259 8,672 Monthly
41.16 43.22 45.38 47.65 50.03 Hourly
7418* CITY CLERK ADMINISTRATOR MM 6,455 6,778 7,117 7,473 7,846 Monthly
37.24 39.10 41.06 43.11 45.27 Hourly
7112* CHIEF BUILDING OFFICIAL MM 7,707 8,092 8,497 8,922 9,368 Monthly
44.46 46.68 49.02 51.47 54.04 Hourly
7185 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 10,119 10,625 11,156 11,714 12,300 Monthly
61.30 58.38 64.36 67.58 70.96 Hourly
7175* DEPUTY P.W. DIRECTOR - ENGINEERING MM 10,119 10,625 11,156 11,714 12,300 Monthly
58.38 61.30 64.36 67.58 70.96 Hourly
7195* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 8,219 8,630 9,062 9,515 9,991 Monthly
47.42 49.79 52.28 54.89 57.64 Hourly
7160* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,015 9,466 9,939 10,436 10,958 Monthly
52.01 54.61 57.34 60.21 63.22 Hourly
7110* DIVISION FIRE CHIEF MM 9,789 10,278 10,792 11,332 11,898 Monthly
59.30 56.48 62.26 65.38 68.64 Hourly
7120* ENGINEER - SENIOR MM 8,134 8,541 8,968 9,416 9,886 Monthly
46.93 49.28 51.74 54.32 57.04 Hourly
7200* ENVIRONMENTAL COMPLIANCE MANAGER MM 7,775 8,164 8,572 9,001 9,451 Monthly
44.86 47.10 49.45 51.93 54.52 Hourly
Mid Managers - Page 1
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Mid Managers
Bargaining
JCN CLASSIFICATION Group 12 3456
7105* INFORMATION TECHNOLOGY MANAGER MM 8,952 9,400 9,870 10,364 10,882 Monthly
51.65 54.23 56.94 59.79 62.78 Hourly
7043* PARK MAINTENANCE MANAGER MM 6,676 7,010 7,360 7,728 8,114 Monthly
38.52 40.44 42.46 44.58 46.81 Hourly
7044* PARKS AND GROUNDS SUPERINTENDENT MM 7,134 7,491 7,866 8,259 8,672 Monthly
41.16 43.22 45.38 47.65 50.03 Hourly
7060* PLANNING MANAGER MM 8,219 8,630 9,062 9,515 9,991 Monthly
47.42 49.79 52.28 54.89 57.64 Hourly
7085* PROJECT MANAGER MM 7,393 7,763 8,151 8,559 8,987 Monthly
44.79 42.65 47.03 49.38 51.85 Hourly
7046* RECREATION MANAGER MM 6,676 7,010 7,360 7,728 8,114 Monthly
40.44 38.52 42.46 44.58 46.81 Hourly
Mid Managers who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
* Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).Mid Managers - Page 2
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Mid Managers
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
7565* ACCOUNTING MANAGER MM 8,952 9,176 9,400 9,635 9,870 10,117 10,364 10,623 10,882 Monthly
52.94 51.65 54.23 55.59 56.94 58.37 59.79 61.29 62.78 Hourly 7470* ADMINISTRATIVE ANALYST III MM 6,585 6,750 6,914 7,087 7,260 7,442 7,623 7,813 8,004 Monthly
38.94 37.99 39.89 40.89 41.88 42.93 43.98 45.08 46.17 Hourly 7410* ADMINISTRATIVE MANAGER MM 8,014 8,215 8,415 8,626 8,836 9,057 9,278 9,510 9,741 Monthly
47.39 46.23 48.55 49.77 50.98 52.25 53.53 54.87 56.20 Hourly 7525* ANIMAL SERVICES MANAGER MM 7,134 7,313 7,491 7,679 7,866 8,063 8,259 8,466 8,672 Monthly
42.19 41.16 43.22 44.30 45.38 46.52 47.65 48.84 50.03 Hourly 7512* CHIEF BUILDING OFFICIAL MM 7,707 7,900 8,092 8,295 8,497 8,710 8,922 9,145 9,368 Monthly
45.58 44.46 46.68 47.86 49.02 50.25 51.47 52.76 54.04 Hourly 7419* CITY CLERK ADMINISTRATOR MM 6,455 6,617 6,778 6,948 7,117 7,295 7,473 7,660 7,846 Monthly
38.18 37.24 39.10 40.08 41.06 42.09 43.11 44.19 45.27 Hourly 7585 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 10,119 10,372 10,625 10,891 11,156 11,435 11,714 12,007 12,300 Monthly
59.84 58.38 61.30 62.83 64.36 65.97 67.58 69.27 70.96 Hourly 7575* DEPUTY P.W. DIRECTOR - ENGINEERING MM 10,119 10,372 10,625 10,891 11,156 11,435 11,714 12,007 12,300 Monthly
59.84 58.38 61.30 62.83 64.36 65.97 67.58 69.27 70.96 Hourly 7595* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 8,219 8,425 8,630 8,846 9,062 9,289 9,515 9,753 9,991 Monthly
48.61 47.42 49.79 51.03 52.28 53.59 54.89 56.27 57.64 Hourly 7560* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,015 9,241 9,466 9,703 9,939 10,188 10,436 10,697 10,958 Monthly
53.31 52.01 54.61 55.98 57.34 58.78 60.21 61.71 63.22 Hourly 7510* DIVISION FIRE CHIEF MM 9,789 10,034 10,278 10,535 10,792 11,062 11,332 11,615 11,898 Monthly
57.89 56.48 59.30 60.78 62.26 63.82 65.38 67.01 68.64 Hourly 7520* ENGINEER - SENIOR MM 8,134 8,338 8,541 8,755 8,968 9,192 9,416 9,651 9,886 Monthly
48.10 46.93 49.28 50.51 51.74 53.03 54.32 55.68 57.04 Hourly 7600* ENVIRONMENTAL COMPLIANCE MANAGER MM 7,775 7,970 8,164 8,368 8,572 8,787 9,001 9,226 9,451 Monthly
45.98 44.86 47.10 48.28 49.45 50.69 51.93 53.23 54.52 Hourly 7505* INFORMATION TECHNOLOGY MANAGER MM 8,952 9,176 9,400 9,635 9,870 10,117 10,364 10,623 10,882 Monthly
52.94 51.65 54.23 55.59 56.94 58.37 59.79 61.29 62.78 Hourly Mid Manager (9 Step) - Page 1
EFFECTIVE 04/28/2018 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Mid Managers
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
7443* PARK MAINTENANCE MANAGER MM 6,676 6,843 7,010 7,185 7,360 7,544 7,728 7,921 8,114 Monthly
39.48 38.52 40.44 41.45 42.46 43.52 44.58 45.70 46.81 Hourly 7444* PARKS AND GROUNDS SUPERINTENDENT MM 7,134 7,313 7,491 7,679 7,866 8,063 8,259 8,466 8,672 Monthly
42.19 41.16 43.22 44.30 45.38 46.52 47.65 48.84 50.03 Hourly 7460* PLANNING MANAGER MM 8,219 8,425 8,630 8,846 9,062 9,289 9,515 9,753 9,991 Monthly
48.61 47.42 49.79 51.03 52.28 53.59 54.89 56.27 57.64 Hourly 7485* PROJECT MANAGER MM 7,393 7,578 7,763 7,957 8,151 8,355 8,559 8,773 8,987 Monthly
42.65 43.72 44.79 45.91 47.03 48.20 49.38 50.61 51.85 Hourly 7446* RECREATION MANAGER MM 6,676 6,843 7,010 7,185 7,360 7,544 7,728 7,921 8,114 Monthly
38.52 39.48 40.44 41.45 42.46 43.52 44.58 45.70 46.81 Hourly Mid Managers who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
* Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).
Mid Manager (9 Step) - Page 2
SALARY STEPS
EFFECTIVE 04/28/2018 - NEW HIRES ONLY
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Sworn Police Mid-Managers
Bargaining
JCN CLASSIFICATION Group 12 345
7180* ASSISTANT POLICE CHIEF Sworn MM 10,950 11,498 12,073 12,677 13,311 Monthly
66.33 63.17 69.65 73.14 76.79 Hourly
7150* POLICE COMMANDER Sworn MM 10,430 10,952 11,500 12,075 12,678 Monthly
63.18 60.17 66.35 69.66 73.14 Hourly
7111* POLICE LIEUTENANT Sworn MM 9,393 9,863 10,356 10,874 11,418 Monthly
56.90 54.19 59.75 62.73 65.87 Hourly
Pensionable Compensation for New Members (PEPRA)
MOU Article 1.2 - Bilingual PayPolice Sworn Mid-Manager employees who are certified as bilingual will receive a bilingual pay incentive of $100 per month:MOU Article 1.3 - Education Incentive Police Sworn Mid-Manager employees awarded a Master's degree or who has successfully completed theFBI National Academy will be eligible to receive an education incentive of 2.5% of base salary.The maximum education incentive is limited to 2.5% of base salary. * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).Sworn Police Mid Managers
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Police Officers Association
Bargaining
JCN CLASSIFICATION Group 12 3456
2005 ADMINISTRATIVE ASSISTANT PD 4,155 4,363 4,581 4,810 5,050 Monthly
25.17 23.97 26.43 27.75 29.13 Hourly
2040 COMMUNITY POLICING COORDINATOR PD 4,097 4,302 4,517 4,743 4,980 Monthly
23.64 24.82 26.06 27.36 28.73 Hourly
2130 COMMUNITY SERVICE OFFICER PD 4,043 4,245 4,457 4,680 4,914 Monthly
23.33 24.49 25.71 27.00 28.35 Hourly
2125 COMMUNITY SERVICE OFFICER - LEAD PD 4,562 4,790 5,030 5,282 5,546 Monthly
27.63 26.32 29.02 30.47 32.00 Hourly
2150 FIELD SERVICE TECHNICIAN PD 4,097 4,302 4,517 4,743 4,980 Monthly
23.64 24.82 26.06 27.36 28.73 Hourly
2200 POLICE OFFICER PD 5,414 5,685 5,969 6,267 6,580 6,909 Monthly
31.23 32.80 34.44 36.16 37.96 39.86 Hourly
2120 POLICE RECORDS CLERK PD 3,427 3,598 3,778 3,967 4,166 Monthly
19.77 20.76 21.80 22.89 24.03 Hourly
2160 POLICE RECORDS CLERK - LEAD PD 3,800 3,990 4,190 4,400 4,620 Monthly
21.92 23.02 24.17 25.38 26.65 Hourly
2190 POLICE RECRUIT PD 4,710 4,946 5,193 - - Monthly
27.17 28.53 29.96 - - Hourly
2110 PUBLIC SAFETY DISPATCHER I PD 3,815 4,006 - - - Monthly
22.01 23.11 - - - Hourly
2140 PUBLIC SAFETY DISPATCHER II PD 4,490 4,714 4,950 5,197 5,457 Monthly
25.90 27.20 28.56 29.98 31.48 Hourly
2180 PUBLIC SAFETY DISPATCHER III PD - - - 5,712 5,998 Monthly - - - 32.95 34.60 Hourly
2170 POLICE SERVICES ANALYST PD 4,666 4,899 5,144 5,401 5,671 Monthly
28.26 26.92 29.68 31.16 32.72 Hourly
Police Officers Association - Page 1
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Police Officers Association
Pensionable Compensation for New Members (PEPRA)
Assignment of an employee in the Police Officer classification to the Investigation Division and/or Net Unit shall include a seven and one half (7.5) percent compensation above the appropriate Police Officer salary step for the period of the temporary assignment and shall be designated as follows:Additional (or Other) Pensionable Compensation for New Members (PEPRA)Police Officers designated as Field Training Officers by the Police Chief shall receive five (5) percent additional compensation (calculated from their base hourly wage) while so assigned to the Departments Training Program.Additional (or Other) Pensionable Compensation for New Members (PEPRA)MOU Article 2.5 - Education Incentive - Education Incentive pay for sworn personnel shall be base pay cumulative but not compounded.The cap for employees with an Advanced POST certificate shall be 10%.Sworn Personnel shall receive education incentive as follows:
AA or AS degree 2.50% BA or BS degree 7.50%
POST Intermediate Certificate 2.50%
POST Advance Certificate 7.50%
ALL non-sworn POA personnel shall receive education incentive pay as follows:
AA or AS degree 2.50% BA or BS degree 5.00%
Dispatcher I/II/III only will also receive education incentive pay as follows:
POST Public Safety Dispatch Intermediate 2.50%
POST Public Safety Dispatch Advance 2.50%
Education Incentive pay for non-sworn personnel shall be base pay cumulative but not compounded and shall have a 7.5% cap for all classifications.MOU Article TBD - Longevity Pay Longevity Pay for all POA personnel shall be base pay cumulative but not compounded.Longevity Pay shall be received as follows based on time in service at the City of Yuba City:
Upon completion of 10 years of service 2.50%Upon completion of 15 years of service 5.00%Upon completion of 20 years of service 7.50% MOU Article 2.6 - Bilingual PaySworn and non-sworn employees who are certified as bilingual will receive a bilingual pay incentive of $100 per month:
Police Officers Association - Page 2
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Police Officers Association
MOU Article 2.7 - Holiday PayOfficers assigned to regular patrol shifts and public safety dispatchers shall receive straight time pay for 7.33 hours per month, paid and computed on a bi-weekly basis in lieu of time off.MOU Article 2.9 - Field Training OfficerCommunity Service Officers and Dispatcher II employees designated as Field Training Officers shall receive five percent (5%) additional compensation (calculated from their base hourly wage) on an hour per hour basis.MOU Article 2.13 - Canine Unit Employees assigned as canine handlers will be compensated at the hourly rate of legal minimum wage for up to seven (7) hours per week that the officer is so assigned.MOU Article 2.4 - Traffic Division (effective September 28, 2019)Employees assigned to the Traffic Division shall receive five percent (5%)hazard pay (calculated from their base hourly wage) on an hour per hour basis.
Police Officers Association - Page 3
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Police Officers Association
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
2405 ADMINISTRATIVE ASSISTANT PD 4,155 4,259 4,363 4,472 4,581 4,696 4,810 4,930 5,050 Monthly
24.57 23.97 25.17 25.80 26.43 27.09 27.75 28.44 29.13 Hourly 2440 COMMUNITY POLICING COORDINATOR PD 4,097 4,200 4,302 4,410 4,517 4,630 4,743 4,861 4,980 Monthly
24.23 23.64 24.82 25.44 26.06 26.71 27.36 28.04 28.73 Hourly 2530 COMMUNITY SERVICE OFFICER PD 4,043 4,144 4,245 4,351 4,457 4,569 4,680 4,797 4,914 Monthly
23.91 23.33 24.49 25.10 25.71 26.36 27.00 27.68 28.35 Hourly 2525 COMMUNITY SERVICE OFFICER - LEAD PD 4,562 4,676 4,790 4,910 5,030 5,156 5,282 5,414 5,546 Monthly
26.98 26.32 27.63 28.33 29.02 29.75 30.47 31.23 32.00 Hourly 2550 FIELD SERVICE TECHNICIAN PD 4,097 4,200 4,302 4,410 4,517 4,630 4,743 4,861 4,980 Monthly
24.23 23.64 24.82 25.44 26.06 26.71 27.36 28.04 28.73 Hourly 2520 POLICE RECORDS CLERK PD 3,427 3,513 3,598 3,688 3,778 3,873 3,967 4,066 4,166 Monthly
20.27 19.77 20.76 21.28 21.80 22.34 22.89 23.46 24.03 Hourly 2560 POLICE RECORDS CLERK - LEAD PD 3,800 3,895 3,990 4,090 4,190 4,295 4,400 4,510 4,620 Monthly
22.47 21.92 23.02 23.60 24.17 24.78 25.38 26.02 26.65 Hourly 2470 POLICE SERVICES ANALYST PD 4,666 4,783 4,899 5,022 5,144 5,273 5,401 5,536 5,671 Monthly
27.59 26.92 28.26 28.97 29.68 30.42 31.16 31.94 32.72 Hourly Pensionable Compensation for New Members (PEPRA)
MOU Article 2.5 - Education Incentive - ALL non-sworn POA personnel shall receive education incentive pay as follows: AA or AS degree 2.5% BA or BS degree 5.0%Education Incentive pay for non-sworn personnel shall be base pay cumulative but not compounded and shall have a 7.5% cap for all classifications.
MOU Article TBD - Longevity Pay Longevity Pay for all POA personnel shall be base pay cumulative but not compounded.Longevity Pay shall be received as follows based on time in service at the City of Yuba City:
Upon completion of 10 years of service 2.5%Upon completion of 15 years of service 5.0%Upon completion of 20 years of service 7.5% MOU Article 2.6 - Bilingual PayNon-sworn employees who are certified as bilingual will receive a bilingual pay incentive of $100 per month:MOU Article 2.9 - Field Training OfficerCommunity Service Officers designated as Field Training Officers shall receive five percent (5%)additional compensation (calculated from their base hourly wage) on an hour per hour basis.
Police Officers Association - Page 3
EFFECTIVE 03/03/18 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Police Sergeants
Bargaining
JCN CLASSIFICATION Group 12 345
6100* POLICE SERGEANT PS 6,810 7,150 7,507 7,882 8,276 Monthly
39.29 41.25 43.31 45.47 47.75 Hourly
Pensionable Compensation for New Members (PEPRA)
MOU Article 3.4 - Longevity Pay (Cumulative but not compounded)Upon completion of service with the City of Yuba City:
5 years 1.25%
10 years 2.50%15 years 5.00%20 years 7.50%
MOU Article 3.5 - Education IncentivePolice Sergeants shall receive an educational incentive of 2.5% for either an AA degree or POST Intermediate Certificate; a 5% educational incentive for a Bachelor's degree or a POST AdvancedCertificate and an additional 5.2% for possession of a POST Supervisory Certificate. Education Incentive pay shall be base pay cumulative but not compounded and shall have a 12.7% cap.MOU Article 3.6 - Bilingual PayPolice Sergeants who are certified as bilingual will receive a bilingual pay incentive of $100 per month:MOU Article 3.7 - Holiday PayPolice Sergeants assigned to regular patrol shifts shall receive straight time pay for 7.33 hours per month, paid and computed on a bi-weekly basis in lieu of time off.MOU Article 3.14 & 3.15 - FTO Pay and Traffic DivisionEmployees assigned to Field Training Officer, and/or the Traffic Divisionshall receive 5% of incentive pay (calculated from base hourly wage). MOU Article 3.13 - Detective and Net-5 (increase from 5% to 7.5% effective 9/28/19)Employees assigned to Investigation and/or Net-5shall receive 7.5% of incentive pay (calculated from base hourly wage).
Police Sergeants
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4101 ACCOUNTANT I PEU, Local 1 4,589 4,818 5,059 5,312 5,578 Monthly
27.80 26.48 29.19 30.65 32.18 Hourly
4100 ACCOUNT CLERK-INTERMEDIATE PEU, Local 1 3,424 3,595 3,775 3,964 4,162 Monthly
19.75 20.74 21.78 22.87 24.01 Hourly
4162 ACCOUNT CLERK-SENIOR PEU, Local 1 3,941 4,138 4,345 4,562 4,790 Monthly
22.74 23.87 25.07 26.32 27.63 Hourly
4244 ADMINISTRATIVE ANALYST I PEU, Local 1 4,314 4,530 4,757 4,995 5,244 Monthly
24.89 26.13 27.44 28.82 30.26 Hourly
4020 ADMINISTRATIVE ASSISTANT PEU, Local 1 3,805 3,995 4,195 4,405 4,625 Monthly
23.05 21.95 24.20 25.41 26.69 Hourly
4040 ADMINISTRATIVE CLERK I PEU, Local 1 2,600 2,730 2,866 3,009 3,160 Monthly
15.00 15.75 16.53 17.36 18.23 Hourly
4060 ADMINISTRATIVE CLERK II PEU, Local 1 2,860 3,003 3,153 3,311 3,476 Monthly
16.50 17.33 18.19 19.10 20.05 Hourly
4085 ADMINISTRATIVE CLERK III PEU, Local 1 3,292 3,457 3,630 3,812 4,002 Monthly
18.99 19.94 20.94 21.99 23.09 Hourly
4090 ANIMAL SERVICES OFFICER I PEU, Local 1 3,002 3,152 3,310 3,476 3,649 Monthly
17.32 18.18 19.10 20.05 21.05 Hourly
4095 ANIMAL SERVICES OFFICER II PEU, Local 1 3,291 3,456 3,629 3,810 4,000 Monthly
18.99 19.94 20.94 21.98 23.08 Hourly
4155 ARBORIST, SENIOR PEU, Local 1 3,822 4,013 4,214 4,425 4,646 Monthly
22.05 23.15 24.31 25.53 26.80 Hourly
Public Employees Union, Local #1 - Page 1
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4270 BUILDING INSPECTOR I PEU, Local 1 4,890 5,134 5,391 5,661 5,944 Monthly
28.21 29.62 31.10 32.66 34.29 Hourly
4292 BUILDING INSPECTOR II PEU, Local 1 5,624 5,905 6,200 6,510 6,835 Monthly
32.45 34.07 35.77 37.56 39.43 Hourly
4062 BUILDING MAINTENANCE WORKER I PEU, Local 1 3,390 3,559 3,737 3,924 4,120 Monthly
19.56 20.53 21.56 22.64 23.77 Hourly
4121 BUILDING MAINTENANCE WORKER II PEU, Local 1 3,706 3,891 4,086 4,290 4,504 Monthly
21.38 22.45 23.57 24.75 25.99 Hourly
4285 CODE ENFORCEMENT OFFICER PEU, Local 1 4,579 4,808 5,048 5,300 5,565 Monthly
26.42 27.74 29.12 30.58 32.11 Hourly
4115 COMMUNITY DEVELOPMENT TECH I PEU, Local 1 3,544 3,721 3,907 4,102 4,307 Monthly
20.45 21.47 22.54 23.67 24.85 Hourly
4144 COMMUNITY DEVELOPMENT TECH II PEU, Local 1 3,896 4,091 4,296 4,511 4,736 Monthly
22.48 23.60 24.78 26.03 27.32 Hourly
4243 CONSTRUCTION INSPECTOR PEU, Local 1 4,420 4,641 4,873 5,117 5,373 Monthly
25.50 26.78 28.11 29.52 31.00 Hourly
4050 CUSTODIAN I PEU, Local 1 2,668 2,801 2,941 3,088 3,243 Monthly
15.39 16.16 16.97 17.82 18.71 Hourly
4082 CUSTODIAN II PEU, Local 1 3,075 3,229 3,390 3,559 3,737 Monthly
17.74 18.63 19.56 20.53 21.56 Hourly
4030 CUSTOMER SERVICES REP I PEU, Local 1 2,909 3,054 3,207 3,367 3,536 Monthly
16.78 17.62 18.50 19.43 20.40 Hourly
4070 CUSTOMER SERVICES REP II PEU, Local 1 3,188 3,347 3,514 3,690 3,874 Monthly
18.39 19.31 20.27 21.29 22.35 Hourly
4161 CUSTOMER SERVICES REP.-SENIOR PEU, Local 1 3,650 3,833 4,025 4,226 4,437 Monthly
21.06 22.11 23.22 24.38 25.60 Hourly
4170 ELECTRICAL TECHNICIAN I PEU, Local 1 4,766 5,004 5,254 5,517 5,793 Monthly
27.50 28.87 30.31 31.83 33.42 Hourly
4265 ELECTRICAL TECHNICIAN II PEU, Local 1 5,481 5,755 6,043 6,345 6,662 Monthly
31.62 33.20 34.86 36.61 38.44 Hourly
Public Employees Union, Local #1 - Page 2
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4280 ELECTRICAL TECHNICIAN III PEU, Local 1 6,304 6,619 6,950 7,297 7,662 Monthly
36.37 38.19 40.10 42.10 44.20 Hourly
4300 ENGINEER - ASSISTANT PEU, Local 1 5,616 5,897 6,192 6,502 6,827 Monthly
32.40 34.02 35.72 37.51 39.39 Hourly
4215 ENGINEERING TECHNICIAN I PEU, Local 1 3,803 3,993 4,193 4,403 4,623 Monthly
21.94 23.04 24.19 25.40 26.67 Hourly
4250 ENGINEERING TECHNICIAN II PEU, Local 1 4,111 4,317 4,533 4,760 4,998 Monthly
23.72 24.91 26.15 27.46 28.83 Hourly
4295 ENGINEERING TECHNICIAN III PEU, Local 1 4,735 4,972 5,221 5,482 5,756 Monthly
27.32 28.68 30.12 31.63 33.21 Hourly
4160 ENGINEERING TECHNICIAN GIS PEU, Local 1 4,111 4,317 4,533 4,760 4,998 Monthly
23.72 24.91 26.15 27.46 28.83 Hourly
4590 ENVIRONMENTAL COMPLIANCE INSPECTOR PEU, Local 1 5,427 5,698 5,983 6,282 6,596 Monthly
32.87 31.31 34.52 36.24 38.05 Hourly
4036 FIELD CUSTOMER SERVICE REP I PEU, Local 1 2,961 3,109 3,264 3,427 3,599 Monthly
17.08 17.94 18.83 19.77 20.76 Hourly
4083 FIELD CUSTOMER SERVICE REP II PEU, Local 1 3,245 3,407 3,577 3,756 3,943 Monthly
18.72 19.66 20.64 21.67 22.75 Hourly
4246 INFORMATION SYSTEMS TECHNICIAN PEU, Local 1 4,599 4,829 5,070 5,324 5,590 Monthly
26.53 27.86 29.25 30.72 32.25 Hourly
4260 INFORMATION SYSTEMS TECHNICIAN II PEU, Local 1 5,059 5,312 5,578 5,857 6,150 Monthly
29.19 30.65 32.18 33.79 35.48 Hourly
4281 INSTRUMENTATION TECHNICIAN I PEU, Local 1 4,767 5,005 5,255 5,518 5,794 Monthly
27.50 28.88 30.32 31.83 33.43 Hourly
4282 INSTRUMENTATION TECHNICIAN II PEU, Local 1 5,481 5,755 6,043 6,345 6,662 Monthly
31.62 33.20 34.86 36.61 38.44 Hourly
4283 INSTRUMENTATION TECHNICIAN III PEU, Local 1 6,304 6,619 6,950 7,297 7,661 Monthly
36.37 38.19 40.10 42.10 44.20 Hourly
4110 KENNEL ATTENDANT I PEU, Local 1 2,600 2,730 2,867 3,010 3,161 Monthly
15.00 15.75 16.54 17.37 18.23 Hourly
Public Employees Union, Local #1 - Page 3
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4111 KENNEL ATTENDANT II PEU, Local 1 2,890 3,034 3,186 3,345 3,512 Monthly
16.67 17.50 18.38 19.30 20.26 Hourly
4112 KENNEL CARE TECHNICIAN - LEAD PEU, Local 1 3,075 3,229 3,390 3,559 3,737 Monthly
17.74 18.63 19.56 20.53 21.56 Hourly
4530 LABORATORY ANALYST I PEU, Local 1 4,308 4,523 4,749 4,986 5,235 Monthly
26.09 24.85 27.40 28.77 30.20 Hourly
4581 LABORATORY ANALYST II PEU, Local 1 4,738 4,975 5,224 5,485 5,759 Monthly
28.70 27.33 30.14 31.64 33.22 Hourly
4064 LABORATORY ASSISTANT PEU, Local 1 3,590 3,769 3,957 4,155 4,363 Monthly
20.71 21.74 22.83 23.97 25.17 Hourly
4220 MECHANIC PEU, Local 1 4,272 4,486 4,710 4,945 5,193 Monthly
24.65 25.88 27.17 28.53 29.96 Hourly
4225 MECHANIC-LEAD PEU, Local 1 4,915 5,161 5,419 5,690 5,974 Monthly
28.36 29.78 31.26 32.83 34.47 Hourly
4063 PARK MAINTENANCE WORKER I PEU, Local 1 3,032 3,184 3,343 3,510 3,686 Monthly
17.49 18.37 19.29 20.25 21.26 Hourly
4065 PARK MAINTENANCE WORKER I (a) PEU, Local 1 3,032 - - - - Monthly - - - - Hourly 17.49
4122 PARK MAINTENANCE WORKER II PEU, Local 1 3,324 3,490 3,665 3,848 4,041 Monthly
19.18 20.13 21.14 22.20 23.31 Hourly
4200 PARK MAINTENANCE WORKER III PEU, Local 1 3,822 4,013 4,214 4,425 4,646 Monthly
22.05 23.15 24.31 25.53 26.80 Hourly
4245 PLANNER-ASSISTANT PEU, Local 1 4,660 4,893 5,138 5,395 5,665 Monthly
26.88 28.23 29.64 31.13 32.68 Hourly
4255 PLANS EXAMINER PEU, Local 1 4,686 4,920 5,166 5,424 5,696 Monthly
27.03 28.38 29.80 31.29 32.86 Hourly
4140 PLANT MAINTENANCE MECHANIC PEU, Local 1 4,719 4,955 5,203 5,463 5,736 Monthly
27.23 28.59 30.02 31.52 33.09 Hourly
4221 PLANT MAINTENANCE MECHANIC -SENIOR PEU, Local 1 5,427 5,698 5,983 6,282 6,596 Monthly
31.31 32.87 34.52 36.24 38.05 Hourly
Public Employees Union, Local #1 - Page 4
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4061 PUBLIC WORKS MAINTENANCE WORKER I PEU, Local 1 3,032 3,184 3,343 3,510 3,686 Monthly
17.49 18.37 19.29 20.25 21.26 Hourly
4120 PUBLIC WORKS MAINTENANCE WORKER II PEU, Local 1 3,324 3,490 3,665 3,848 4,041 Monthly
19.18 20.13 21.14 22.20 23.31 Hourly
4150 PUBLIC WORKS MAINTENANCE WORKER III PEU, Local 1 3,835 4,027 4,228 4,439 4,661 Monthly
22.13 23.23 24.39 25.61 26.89 Hourly
4185 PW MAINTENANCE WORKER - SENIOR PEU, Local 1 4,403 4,623 4,854 5,097 5,352 Monthly
25.40 26.67 28.00 29.41 30.88 Hourly
4080 RECREATION COORDINATOR PEU, Local 1 2,823 2,964 3,112 3,268 3,431 Monthly
16.29 17.10 17.95 18.85 19.79 Hourly
4117 REGISTERED VETERINARY TECH PEU, Local 1 3,103 3,258 3,421 3,592 3,772 Monthly
17.90 18.80 19.74 20.72 21.76 Hourly
4135 SWEEPER OPERATOR PEU, Local 1 3,827 4,018 4,219 4,430 4,651 Monthly
22.08 23.18 24.34 25.56 26.83 Hourly
4058 UTILITIES TREATMENT PLANT MAINTENANCE WORKER I PEU, Local 1 3,032 3,184 3,343 3,510 3,686 Monthly
17.49 18.37 19.29 20.25 21.26 Hourly
4118 UTILITIES TREATMENT PLANT MAINTENANCE WORKER II PEU, Local 1 3,324 3,490 3,665 3,848 4,041 Monthly
19.18 20.13 21.14 22.20 23.31 Hourly
4236 WASTEWATER COLLECTIONS MAINTENANCE WORKER I PEU, Local 1 3,03 3,184 2 3,343 3,510 3,686 Monthly
17.49 18.37 19.29 20.25 21.26 Hourly
4237 WASTEWATER COLLECTIONS MAINTENANCE WORKER II PEU, Local 1 4,7 4,955 19 5,203 5,463 5,736 Monthly
27.23 28.59 30.02 31.52 33.09 Hourly
4238 WASTEWATER COLLECTIONS MAINTENANCE WORKER III PEU, Local 1 5, 5,698 427 5,983 6,282 6,596 Monthly
31.31 32.87 34.52 36.24 38.05 Hourly
4166 WASTEWATER TREATMENT FACILITY OP. TRAINEE/ I PEU, Local 1 4,733 4,970 5,218 5,479 5,753 Monthly
27.31 28.67 30.10 31.61 33.19 Hourly
4235 WASTEWATER TREATMENT FACILITY OP. II PEU, Local 1 5,442 5,714 6,000 6,300 6,615 Monthly
31.40 32.97 34.62 36.35 38.16 Hourly
4293 WASTEWATER TREATMENT FACILITY OP. III PEU, Local 1 6,258 6,571 6,900 7,245 7,607 Monthly
36.10 37.91 39.81 41.80 43.89 Hourly
Public Employees Union, Local #1 - Page 5
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 12 345
4284 WATER DISTRIBUTION OPERATOR I PEU, Local 1 4,344 4,561 4,789 5,028 5,280 Monthly
26.31 25.06 27.63 29.01 30.46 Hourly
4286 WATER DISTRIBUTION OPERATOR II PEU, Local 1 4,995 5,245 5,507 5,782 6,071 Monthly
30.26 28.82 31.77 33.36 35.03 Hourly
4287 WATER DISTRIBUTION OPERATOR III PEU, Local 1 5,744 6,031 6,333 6,650 6,983 Monthly
34.79 33.14 36.54 38.37 40.28 Hourly
4131 WATER TREATMENT FACILITY OPER.TRAINEE PEU, Local 1 4,115 4,321 4,537 4,764 5,002 Monthly
23.74 24.93 26.18 27.48 28.86 Hourly
4180 WATER TREATMENT FACILITY OPERATOR II PEU, Local 1 4,733 4,970 5,218 5,479 5,753 Monthly
27.31 28.67 30.10 31.61 33.19 Hourly
4230 WATER TREATMENT FACILITY OPERATOR III PEU, Local 1 5,442 5,714 6,000 6,300 6,615 Monthly
31.40 32.97 34.62 36.35 38.16 Hourly
4291 WATER TREATMENT FACILITY OPERATOR IV PEU, Local 1 6,258 6,571 6,900 7,245 7,607 Monthly
36.10 37.91 39.81 41.80 43.89 Hourly
Pensionable Compensation for New Members (PEPRA)
A shift differential of 5% of base pay shall be paid to those operators who are assigned to work from 7:00pm to 7:00am. Operators who utilize vacation, sick leave,CTO or any other paid leave time, shall not be paid shift differential while on such leave.Certification Pay:Employees whose job functions include pesticide application are eligible for certificate pay of $50.00 per month for possession of a Pesticide Application certification.Employees whose job functions include pool operations are eligible for certificate pay of $50.00 per month for possession of Pool Operations certification.
Maintenance workers in the Water Distribution Division that do not meet minimum qualifications for the Water Distribution Operator classification, shallremain in the maintenance worker classification and continue to receive certification pay as follows:D-1: $50 per monthD-2: 2.5% of salary per monthD-3: 2.5% of salary per month (cumulative = 5%)D-4: 2.5% of salary per month (cumulative = 7.5%)Total amount of certification pay cannot exceed 10% of the employees' salary (including bilingual pay)Non-Water Employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap)Local 1 employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
Public Employees Union, Local #1 - Page 6
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
5101 ACCOUNTANT I PEU, Local 1 4,589 4,704 4,818 4,939 5,059 5,186 5,312 5,445 5,578 Monthly
27.14 26.48 27.80 28.49 29.19 29.92 30.65 31.41 32.18 Hourly 5100 ACCOUNT CLERK-INTERMEDIATE PEU, Local 1 3,424 3,510 3,595 3,685 3,775 3,870 3,964 4,063 4,162 Monthly
20.25 19.75 20.74 21.26 21.78 22.33 22.87 23.44 24.01 Hourly 5162 ACCOUNT CLERK-SENIOR PEU, Local 1 3,941 4,040 4,138 4,242 4,345 4,454 4,562 4,676 4,790 Monthly
23.31 22.74 23.87 24.47 25.07 25.70 26.32 26.98 27.63 Hourly 5244 ADMINISTRATIVE ANALYST I PEU, Local 1 4,314 4,422 4,530 4,644 4,757 4,876 4,995 5,120 5,244 Monthly
25.51 24.89 26.13 26.79 27.44 28.13 28.82 29.54 30.26 Hourly 5020 ADMINISTRATIVE ASSISTANT PEU, Local 1 3,805 3,900 3,995 4,095 4,195 4,300 4,405 4,515 4,625 Monthly
22.50 21.95 23.05 23.63 24.20 24.81 25.41 26.05 26.69 Hourly 5040 ADMINISTRATIVE CLERK I PEU, Local 1 2,600 2,665 2,730 2,798 2,866 2,938 3,009 3,084 3,160 Monthly
15.38 15.00 15.75 16.14 16.53 16.95 17.36 17.79 18.23 Hourly 5060 ADMINISTRATIVE CLERK II PEU, Local 1 2,860 2,932 3,003 3,078 3,153 3,232 3,311 3,394 3,476 Monthly
16.92 16.50 17.33 17.76 18.19 18.65 19.10 19.58 20.05 Hourly 5085 ADMINISTRATIVE CLERK III PEU, Local 1 3,292 3,375 3,457 3,544 3,630 3,721 3,812 3,907 4,002 Monthly
19.47 18.99 19.94 20.45 20.94 21.47 21.99 22.54 23.09 Hourly 5090 ANIMAL SERVICES OFFICER I PEU, Local 1 3,002 3,077 3,152 3,231 3,310 3,393 3,476 3,563 3,649 Monthly
17.75 17.32 18.18 18.64 19.10 19.58 20.05 20.56 21.05 Hourly 5095 ANIMAL SERVICES OFFICER II PEU, Local 1 3,291 3,374 3,456 3,543 3,629 3,720 3,810 3,905 4,000 Monthly
19.47 18.99 19.94 20.44 20.94 21.46 21.98 22.53 23.08 Hourly 5155 ARBORIST, SENIOR PEU, Local 1 3,822 3,918 4,013 4,114 4,214 4,320 4,425 4,536 4,646 Monthly
22.60 22.05 23.15 23.73 24.31 24.92 25.53 26.17 26.80 Hourly 5270 BUILDING INSPECTOR I PEU, Local 1 4,890 5,012 5,134 5,263 5,391 5,526 5,661 5,802 5,944 Monthly
28.92 28.21 29.62 30.36 31.10 31.88 32.66 33.47 34.29 Hourly 5292 BUILDING INSPECTOR II PEU, Local 1 5,624 5,765 5,905 6,053 6,200 6,355 6,510 6,673 6,835 Monthly
33.26 32.45 34.07 34.92 35.77 36.66 37.56 38.50 39.43 Hourly 5062 BUILDING MAINTENANCE WORKER I PEU, Local 1 3,390 3,475 3,559 3,648 3,737 3,831 3,924 4,022 4,120 Monthly
20.05 19.56 20.53 21.05 21.56 22.10 22.64 23.20 23.77 Hourly 5121 BUILDING MAINTENANCE WORKER II PEU, Local 1 3,706 3,799 3,891 3,989 4,086 4,188 4,290 4,397 4,504 Monthly
21.92 21.38 22.45 23.01 23.57 24.16 24.75 25.37 25.99 Hourly Public Employees Union, Local 1 (9-Step) - Page 1
SALARY STEPS
EFFECTIVE 06/09/18 - NEW HIRES ONLY
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
5285 CODE ENFORCEMENT OFFICER PEU, Local 1 4,579 4,694 4,808 4,928 5,048 5,174 5,300 5,433 5,565 Monthly
27.08 26.42 27.74 28.43 29.12 29.85 30.58 31.34 32.11 Hourly 5115 COMMUNITY DEVELOPMENT TECH I PEU, Local 1 3,544 3,633 3,721 3,814 3,907 4,005 4,102 4,204 4,307 Monthly
20.96 20.45 21.47 22.00 22.54 23.11 23.67 24.25 24.85 Hourly 5144 COMMUNITY DEVELOPMENT TECH II PEU, Local 1 3,896 3,994 4,091 4,194 4,296 4,404 4,511 4,624 4,736 Monthly
23.04 22.48 23.60 24.20 24.78 25.41 26.03 26.68 27.32 Hourly 5243 CONSTRUCTION INSPECTOR PEU, Local 1 4,420 4,531 4,641 4,757 4,873 4,995 5,117 5,245 5,373 Monthly
26.14 25.50 26.78 27.44 28.11 28.82 29.52 30.26 31.00 Hourly 5050 CUSTODIAN I PEU, Local 1 2,668 2,735 2,801 2,871 2,941 3,015 3,088 3,165 3,243 Monthly
15.78 15.39 16.16 16.56 16.97 17.39 17.82 18.26 18.71 Hourly 5082 CUSTODIAN II PEU, Local 1 3,075 3,152 3,229 3,310 3,390 3,475 3,559 3,648 3,737 Monthly
18.18 17.74 18.63 19.10 19.56 20.05 20.53 21.05 21.56 Hourly 5030 CUSTOMER SERVICES REP I PEU, Local 1 2,909 2,982 3,054 3,131 3,207 3,287 3,367 3,451 3,536 Monthly
17.20 16.78 17.62 18.06 18.50 18.96 19.43 19.91 20.40 Hourly 5070 CUSTOMER SERVICES REP II PEU, Local 1 3,188 3,268 3,347 3,431 3,514 3,602 3,690 3,782 3,874 Monthly
18.85 18.39 19.31 19.79 20.27 20.78 21.29 21.82 22.35 Hourly 5161 CUSTOMER SERVICES REP.-SENIOR PEU, Local 1 3,650 3,742 3,833 3,929 4,025 4,126 4,226 4,332 4,437 Monthly
21.59 21.06 22.11 22.67 23.22 23.80 24.38 24.99 25.60 Hourly 5170 ELECTRICAL TECHNICIAN I PEU, Local 1 4,766 4,885 5,004 5,129 5,254 5,386 5,517 5,655 5,793 Monthly
28.18 27.50 28.87 29.59 30.31 31.07 31.83 32.63 33.42 Hourly 5265 ELECTRICAL TECHNICIAN II PEU, Local 1 5,481 5,618 5,755 5,899 6,043 6,194 6,345 6,504 6,662 Monthly
32.41 31.62 33.20 34.03 34.86 35.73 36.61 37.52 38.44 Hourly 5280 ELECTRICAL TECHNICIAN III PEU, Local 1 6,304 6,462 6,619 6,785 6,950 7,124 7,297 7,479 7,662 Monthly
37.28 36.37 38.19 39.14 40.10 41.10 42.10 43.15 44.20 Hourly 5300 ENGINEER - ASSISTANT PEU, Local 1 5,616 5,757 5,897 6,045 6,192 6,347 6,502 6,664 6,827 Monthly
33.21 32.40 34.02 34.88 35.72 36.62 37.51 38.45 39.39 Hourly 5215 ENGINEERING TECHNICIAN I PEU, Local 1 3,803 3,898 3,993 4,093 4,193 4,298 4,403 4,513 4,623 Monthly
22.49 21.94 23.04 23.61 24.19 24.80 25.40 26.04 26.67 Hourly Public Employees Union, Local 1 (9-Step) - Page 2
EFFECTIVE 06/09/18 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
5250 ENGINEERING TECHNICIAN II PEU, Local 1 4,111 4,214 4,317 4,425 4,533 4,647 4,760 4,879 4,998 Monthly
24.31 23.72 24.91 25.53 26.15 26.81 27.46 28.15 28.83 Hourly 5295 ENGINEERING TECHNICIAN III PEU, Local 1 4,735 4,854 4,972 5,097 5,221 5,352 5,482 5,619 5,756 Monthly
28.00 27.32 28.68 29.41 30.12 30.88 31.63 32.42 33.21 Hourly 5160 ENGINEERING TECHNICIAN GIS PEU, Local 1 4,111 4,214 4,317 4,425 4,533 4,647 4,760 4,879 4,998 Monthly
24.31 23.72 24.91 25.53 26.15 26.81 27.46 28.15 28.83 Hourly 5590 ENVIRONMENTAL COMPLIANCE INSPECTOR PEU, Local 1 5,427 5,563 5,698 5,841 5,983 6,133 6,282 6,439 6,596 Monthly
32.09 31.31 32.87 33.70 34.52 35.38 36.24 37.15 38.05 Hourly 5036 FIELD CUSTOMER SERVICE REP I PEU, Local 1 2,961 3,035 3,109 3,187 3,264 3,346 3,427 3,513 3,599 Monthly
17.51 17.08 17.94 18.39 18.83 19.30 19.77 20.27 20.76 Hourly 5083 FIELD CUSTOMER SERVICE REP II PEU, Local 1 3,245 3,326 3,407 3,492 3,577 3,667 3,756 3,850 3,943 Monthly
19.19 18.72 19.66 20.15 20.64 21.16 21.67 22.21 22.75 Hourly 5246 INFORMATION SYSTEMS TECHNICIAN PEU, Local 1 4,599 4,714 4,829 4,950 5,070 5,197 5,324 5,457 5,590 Monthly
27.20 26.53 27.86 28.56 29.25 29.98 30.72 31.48 32.25 Hourly 5260 INFORMATION SYSTEMS TECHNICIAN II PEU, Local 1 5,059 5,186 5,312 5,445 5,578 5,718 5,857 6,003 6,150 Monthly
29.92 29.19 30.65 31.41 32.18 32.99 33.79 34.63 35.48 Hourly 5281 INSTRUMENTATION TECHNICIAN I PEU, Local 1 4,767 4,886 5,005 5,130 5,255 5,387 5,518 5,656 5,794 Monthly
28.19 27.50 28.88 29.60 30.32 31.08 31.83 32.63 33.43 Hourly 5282 INSTRUMENTATION TECHNICIAN II PEU, Local 1 5,481 5,618 5,755 5,899 6,043 6,194 6,345 6,504 6,662 Monthly
32.41 31.62 33.20 34.03 34.86 35.73 36.61 37.52 38.44 Hourly 5283 INSTRUMENTATION TECHNICIAN III PEU, Local 1 6,304 6,462 6,619 6,785 6,950 7,124 7,297 7,479 7,661 Monthly
37.28 36.37 38.19 39.14 40.10 41.10 42.10 43.15 44.20 Hourly 5110 KENNEL ATTENDANT I PEU, Local 1 2,600 2,665 2,730 2,799 2,867 2,939 3,010 3,085 3,161 Monthly
15.38 15.00 15.75 16.15 16.54 16.96 17.37 17.80 18.23 Hourly 5111 KENNEL ATTENDANT II PEU, Local 1 2,890 2,962 3,034 3,110 3,186 3,266 3,345 3,428 3,512 Monthly
17.09 16.67 17.50 17.94 18.38 18.84 19.30 19.78 20.26 Hourly 5112 KENNEL CARE TECHNICIAN - LEAD PEU, Local 1 3,075 3,152 3,229 3,310 3,390 3,475 3,559 3,648 3,737 Monthly
18.18 17.74 18.63 19.10 19.56 20.05 20.53 21.05 21.56 Hourly 5530 LABORATORY ANALYST I PEU, Local 1 4,308 4,416 4,523 4,636 4,749 4,868 4,986 5,111 5,235 Monthly
25.48 24.85 26.09 26.75 27.40 28.08 28.77 29.49 30.20 Hourly Public Employees Union, Local 1 (9-Step) - Page 3
EFFECTIVE 06/09/18 - NEW HIRES ONLY
SALARY STEPS
CITY OF YUBA CITY
SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JUNE 18, 2022
Public Employees Union, Local #1
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
5581 LABORATORY ANALYST II PEU, Local 1 4,738 4,857 4,975 5,100 5,224 5,355 5,485 5,622 5,759 Monthly
28.02 27.33 28.70 29.42 30.14 30.89 31.64 32.43 33.22 Hourly 5064 LABORATORY ASSISTANT PEU, Local 1 3,590 3,680 3,769 3,863 3,957 4,056 4,155 4,259 4,363 Monthly
21.23 20.71 21.74 22.29 22.83 23.40 23.97 24.57 25.17 Hourly 5220 MECHANIC PEU, Local 1 4,272 4,379 4,486 4,598 4,710 4,828 4,945 5,069 5,193 Monthly
25.26 24.65 25.88 26.53 27.17 27.85 28.53 29.24 29.96 Hourly 5225 MECHANIC-LEAD PEU, Local 1 4,915 5,038 5,161 5,290 5,419 5,555 5,690 5,832 5,974 Monthly
29.07 28.36 29.78 30.52 31.26 32.05 32.83 33.65 34.47 Hourly 5063 PARK MAINTENANCE WORKER I PEU, Local 1 3,032 3,108 3,184 3,264 3,343 3,427 3,510 3,598 3,686 Monthly
17.93 17.49 18.37 18.83 19.29 19.77 20.25 20.76 21.26 Hourly 5065 PARK MAINTENANCE WORKER I (a) PEU, Local 1 3,032 - - - - - - - - Monthly
17.49 - - - - - - - - Hourly
5122 PARK MAINTENANCE WORKER II PEU, Local 1 3,324 3,407 3,490 3,578 3,665 3,757 3,848 3,944 4,041 Monthly
19.66 19.18 20.13 20.64 21.14 21.68 22.20 22.75 23.31 Hourly 5200 PARK MAINTENANCE WORKER III PEU, Local 1 3,822 3,918 4,013 4,114 4,214 4,320 4,425 4,536 4,646 Monthly
22.60 22.05 23.15 23.73 24.31 24.92 25.53 26.17 26.80 Hourly 5245 PLANNER-ASSISTANT PEU, Local 1 4,660 4,777 4,893 5,016 5,138 5,267 5,395 5,530 5,665 Monthly
27.56 26.88 28.23 28.94 29.64 30.39 31.13 31.90 32.68 Hourly 5255 PLANS EXAMINER PEU, Local 1 4,686 4,803 4,920 5,043 5,166 5,295 5,424 5,560 5,696 Monthly
27.71 27.03 28.38 29.09 29.80 30.55 31.29 32.08 32.86 Hourly 5140 PLANT MAINTENANCE MECHANIC PEU, Local 1 4,719 4,837 4,955 5,079 5,203 5,333 5,463 5,599 5,736 Monthly
27.91 27.23 28.59 29.30 30.02 30.77 31.52 32.30 33.09 Hourly 5221 PLANT MAINTENANCE MECHANIC -SENIOR PEU, Local 1 5,427 5,563 5,698 5,841 5,983 6,133 6,282 6,439 6,596 Monthly
32.09 31.31 32.87 33.70 34.52 35.38 36.24 37.15 38.05 Hourly 5061 PUBLIC WORKS MAINTENANCE WORKER I PEU, Local 1 3,032 3,108 3,184 3,264 3,343 3,427 3,510 3,598 3,686 Monthly
17.93 17.49 18.37 18.83 19.29 19.77 20.25 20.76 21.26 Hourly 5120 PUBLIC WORKS MAINTENANCE WORKER II PEU, Local 1 3,324 3,407 3,490 3,578 3,665 3,757 3,848 3,944 4,041 Monthly
19.66 19.18 20.13 20.64 21.14 21.68 22.20 22.75 23.31 Hourly Public Employees Union, Local 1 (9-Step) - Page 4
SALARY STEPS
EFFECTIVE 06/09/18 - NEW HIRES ONLY