Yuba City City Council
July 5, 2022

If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
JULY 5, 2022

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
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
JULY 5, 2022
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_Thn3_WheSnK980wgNU54SQ. 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.

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
Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Beale AFB Commander, Colonel Church Introduction and Proclamation

2. Sexual Assault Awareness Month

3. July is Parks and Recreation Month
Public Communication

4. 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.

5. Minutes from the June 21, 2022 meeting
Recommendation: Approve the minutes from the June 21, 2022 meeting

6. National Opioid Settlement Payment Election
Recommendation: Adopt a Resolution authorizing the City Manager to opt out of direct payment per the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both the Janssen and Distributor Settlements

7. Traffic Signal Maintenance Contract Award
Recommendation: A. Adopt a Resolution awarding a Service Agreement for traffic signal maintenance to St. Francis Electric, LLC of San Leandro, CA in the amount of $58,400 with the finding that it is in the best interest of the City
B. Authorize the Public Works Director to execute up to four, one-year contract extensions to the traffic signal maintenance contract on behalf of the City, with annual cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States
Department of Labor, Bureau of Labor Statistics for the prior 12-month period

8. Executive Service Contract Terms
Recommendation: A. Adopt a Resolution authorizing the City Manager to amend the Executive Service Employment Agreements
B. Adopt a Resolution authorizing the Finance Director to amend the salary schedule
C. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $112,600

9. First Level Managers Memorandum of Understanding (MOU) Recommendation: Adopt a Resolution:

A. Approving a three-year Memorandum of Understanding with the First Level Managers group
B. Authorizing the Finance Director to amend the salary schedule
C. Approve supplemental appropriations as required to the

impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $253,600.

10. Public Employees Union, Local 1 Side Letters
Recommendation: A. Adopt a Resolution approving a side letters 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 $311,100

11. Mid Managers Memorandum of Understanding (MOU)
Recommendation: A. Approving a three year Memorandum of Understanding with the Mid Managers group
B. Approving unrepresented Confidentials’ salary increases C. Authorizing the Finance Director to amend the salary schedule
D. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
E. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $428,200

12. Residential Street Light Maintenance District Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982

13. Lighting and Landscape Maintenance District No. 1 FY 2022-23 Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, to continue the
Maintenance District, pursuant to the Landscaping and Lighting Act of 1972

14. Lighting and Landscape Maintenance District Nos. 2-6 FY 2022-23 Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file reports with regard to Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6, to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972
Business Items

15. Second Groundwater Well – Award for Construction of Below Ground Facilities

Recommendation: Adopt a Resolution which takes the following actions:

A. Award a construction contract to Nor-Cal Pump and
Well Drilling, Inc. of Yuba City, CA in the amount of their total bid of $929,159 and authorize the City Manager to execute the contract on behalf of the City, subject to
review and approval as to legal form by the City
Attorney
B. Adopt the Initial Study/Mitigated Negative Declaration for the Second Groundwater Well Project
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

Beale AFB – Base Commander
Colonel Geoffrey I. Church is the Installation Commander and the 9th Reconnaissance Wing Commander, Beale Air Force Base, California. He is responsible for approximately 7,000 military, civilian, and contractor personnel, and the entire Air Force high altitude reconnaissance fleet of U-2 Dragon Lady aircraft. The 9th Reconnaissance Wing is comprised of four groups and four overseas operating locations, executing worldwide missions in support of all six geographic combatant commanders.

Colonel Church received his commission from the Reserve Officer Training Corps at the University of Kentucky in December 1998. He has served in a variety of positions at the squadron, group, and wing levels. His notable staff tours include Executive Assistant to the Joint Staff J-3, Director for Operations. He also served as the Secretary of Defense Orders Book briefer, where he was the primary briefer to the Secretary of Defense for deployment and execute orders in support of combatant command requirements. Colonel Church is a command pilot with over 1,700 hours in F-15C/D, F-22, MQ-9, RQ-4, T-37 and T-38 aircraft. Prior to his current position, he was the Headquarters Air Force Division Chief for the F-35 integration office for Headquarters Air Force.

Proclamation
of the City Council
75th Anniversary of the US Air Force
80th Anniversary of Beale Air Force Base
also known as Camp Beale
WHEREAS, for 75 years, American Airmen have excelled as they execute the Air Force mission to fly, fight, and win — delivering airpower anytime, anywhere in defense of our nation; and WHEREAS, Airmen are called to “Innovate, Accelerate and Thrive” as the U.S. Air Force and Department of the Air Force approach their 75th anniversaries on September 18, 2022. Airmen will always be there to provide America with the airpower it needs to defend the nation, deter or defeat our adversaries, reassure our partners and allies, and help diplomacy proceed from a position of strength; and
WHEREAS, Airmen continue to push technological and cultural boundaries which make America the leader in airpower and space power. Innovation is an integral part of training and employing squadrons, developing capabilities, and continue to move toward an even more effective Air Force; and
WHEREAS, from the inception 75 years ago, the U.S. Air Force and Department of the Air Force have excelled at keeping pace with rapid changes in technology and in the demands placed on the Air Force’s five core missions: Air and Space Superiority; Global Strike; Rapid Global Mobility; Intelligence, Surveillance and Reconnaissance; and Command & Control; and WHEREAS, Camp Beale opened in October 1942 as a training site for the 13th Armored and the 81st and 96th Infantry Divisions; and
WHEREAS, in 1948, Camp Beale transferred from the Army to the Air Force and today Beale Air Force Base is home for the U-2 Dragon Lady, T-38 Talon and RQ-4 Global Hawk. Beale Air Force base, covers nearly 23,000 acres, is home to more than 4,500 military personnel. Beale AFB continues to support the Yuba Sutter area by shopping, residing and participating in the local community.

NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of our entire City Council, do hereby recognize the upcoming 75th anniversary of the US Air Force and the 80th Anniversary of Beale Air Force Base and their contributions to the Yuba Sutter Community.

Done this 5th day of July 2022, at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
Sexual Assault Awareness Month
July 2022
WHEREAS, sexual assault is an intolerable violent crime with public health implications for every person as a victim/survivor or as a family member, significant other, neighbor or co-worker of a victim/survivor; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own-we must work together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their significant other, and increase support for agencies providing services to victim/survivors; and WHEREAS, Casa de Esperanza has led the way in addressing sexual assault by providing 24- hour hotline services to victims/survivors and their significant others, responding to emergency calls, offering support and comfort to those impacted by sexual assault during medical exams, criminal proceedings, and empowering those impacted by sexual assault to chart their own course for healing; and
WHEREAS, ending sexual assault must include active public and private efforts to End Sexual Violence in collaboration with Casa de Esperanza including conversation about what sexual violence is, how to prevent it, how to help survivors connect with crucial counseling and other supportive services, and how every segment of our society can work together to better address sexual violence; and
WHEREAS, staff and volunteers of sexual assault programs work year-round to encourage every person to end sexual violence and to support survivors by providing prevention education and survivor empowerment information to schools, churches, civic organizations, as well as medical, mental health, law enforcement, education, and criminal justice personnel regarding sexual assault issues; and
WHEREAS, Casa de Esperanza has set an important example of how forging collaborative relationships between service agencies and organizations serves to improve the quality of service for those most profoundly and directly impacted by sexual violence, this setting an important example for how the rest of the community might work together to speak out and find solutions to sexual violence; and
WHEREAS, Casa de Esperanza request public support and assistance as it continues its efforts to bring real hope for freeing victims from the tragedy of sexual violence to create a future where all women, men and children can live free from violence and exploitation.

NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of our entire City Council, do hereby recognize the important work done by sexual assault programs, in cooperation with Casa de Esperanza, hereby proclaims in the month of July 2022 that “No Means No.” People working together can make a difference in the fight against sexual assault and gender violence in our community.

Done this 5th day of July 2022, at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
July is Parks and Recreation Month
WHEREAS, Parks and Recreation is an integral part of our communities throughout this Country, including the City of Yuba City; and
WHEREAS, Parks and Recreation promotes health and wellness, improving physical and mental health of people who live near parks; and
WHEREAS, time in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit, and Alzheimer; and
WHEREAS, Parks and Recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools, senior center and many other activities designed to promote active lifestyles; and
WHEREAS, Parks and Recreation is not just a TV Show from the past; and WHEREAS, Parks and Recreation increases a community’s economic prosperity through increased property values, expansion of local tax base, attraction and retention of businesses, and crime reduction; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the City of Yuba City recognizes the benefits derived from the Yuba City Parks and Recreation Divisions; and
WHEREAS, the Yuba City Council would like to thank all the City employees and volunteers for creating and providing a quality of life in our community.

NOW, THEREFORE, BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council of the City of Yuba City do hereby proclaim July 2022 as Parks and Recreation Month and doing so, ask that the citizens of Yuba City use and to enjoy its parks, trails, open spaces, Aquatic Complex, Senior Center, and the plethora of Recreation programs offered in our City.

Done this 5th day of July 2022, at the City of Yuba City, County of Sutter, State of California.

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

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 5

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the June 21, 2022 meeting
Recommendation: Approve the minutes from the June 21, 2022 meeting Fiscal Impact: None
Attachments:

1. 06-21-2022 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (draft)

CITY COUNCIL - CITY OF YUBA CITY
REGULAR MEETING – JUNE 21, 2022
5:30 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 Vice-Mayor Kirchner at 5:30 PM
Roll Call

Present: Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris [Mayor Shaw arrived at 5:50 PM and was able to participate in Closed Session]

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 6:05 PM Roll Call

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

Absent: None
Invocation/Inspiration
YCPD Chaplin – Ron Fortenberry
Pledge of Allegiance to the Flag
Anthony Kurlan

City Attorney's Report on Closed Session Items
No reportable action was taken
Agenda Modifications/Approval of Agenda
No changes were made
Public Communication

1. Appearance of Interested Citizens
Piara Johl spoke
Kashmir Rai spoke
Harjit Gill spoke
Amrik Sandhu spoke
Sabi Singh spoke
Sukhdev Mundi
Joga Thiara spoke
Tejpaul Singh Bainiwal spoke
Tej Maan spoke
Consent Calendar
Councilmember Espindola moved and Councilmember Harris seconded the motion to:

2. Minutes of the June 7, 2022 meeting
Approve the June 7, 2022 minutes

3. SB1 Road Maintenance and Rehabilitation Account Project List 2022-23 A. Approve the Road Maintenance and Rehabilitation Account proposed project list for submittal to the California Transportation Commission
B. Adopt Resolution 22-086 adopting a list of projects for Fiscal Year 2022-23 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017

4. 2022 Residential Resurfacing Project (Project Award) A. Award Contract No. 21-12 2022 Residential Resurfacing Project to American Pavement Systems, Inc. of Modesto, CA in the amount of their total bid of $838,972 B. Authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney

5. Classification and Compensation Study
A. Adopt Resolution 22-087 awarding a Professional Services Agreement for a Classification and Compensation Study to Koff & Associates of Berkeley, CA, in an amount not to exceed $208,425, with the finding that it is in the best interest of the City

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

6. Yuba City Fire Management Wage Reopener Side Letter
A. Adopt Resolution 22-088 approving a wage reopener side letter with Yuba City Fire Management
B. Approve a supplemental appropriation to 2310-61210 in the amount of $92,300 C. Approve a supplemental appropriation to 2310-61430 in the amount of $36,500 D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $128,800

7. Yuba City Police Wage Reopener Side Letters
A. Adopt Resolution 22-089 approving a wage reopener side letter with Yuba City Police Officers’ Association (POA), POA-Police Sergeants, and Police Sworn Mid-Managers B. Approve a supplemental appropriation to 2310-61210 in the amount of $886,100 C. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $886,100

8. Mayor/Vice-Mayor Rotation Policy
Adopt Ordinance 008-22 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 Pro-Tem Rotation) by title only and waive the second reading

9. FY 22-23 Citywide Sole Source and Professional Services Purchases Adopt Resolution 22-090 pre-authorizing the City Manager or designee to enter into citywide sole source and professional services purchases from July 1, 2022 through June 30, 2023, for specified items based on each purchase recommendation being in the best interest of the City

10. FY 22-23 Chemical Bid Award BACC and Supplemental Budget Appropriation A. Adopt Resolution 22-091 to award the bulk chemical contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 22/23 formal bid for the period of July 1, 2022 through June 30, 2023, with the finding that it is in the best interest of the City
B. Authorize the Finance Director to record a supplemental budget appropriation to account 7120-63705 in the amount of $30,000 for the Fiscal Year 22/23 due to an increase in the price of anthracite for the water treatment process The motion was passed with a unanimous vote
Business Items

11. Approve the 2020 Urban Forest Master Plan

Heather Esemann spoke
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:

Adopt Resolution 22-092 approving and adopting the 2020 Urban Forest Master Plan The motion was passed with a unanimous vote

12. Accept Grant Funding and Expenditure Recommendations for the California Citizens’ Option for Public Safety (COPS) Grant of $100,000 Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Vice-Mayor Kirchner moved and Councilmember Harris seconded the motion to:

A. Adopt Resolution 22-093 authorizing the Chief of Police to accept the FY 2021/2022 California Citizens’ Option for Public Safety (COPS) funding and approve expenditure recommendations
B. Authorize the Finance Director to make a supplemental budget appropriation for grant revenues to Account No. 100-43117 and grant expenditures to Account No. 2180- 69201
The motion was passed with a unanimous vote

13. Small Wireless Telecommunication Facilities within the City’s Right-of-Way Councilmember Harris moved and Vice-Mayor Kirchner seconded the motion to:

A. Introduce Ordinance 009-22 of the City Council of the City of Yuba City adding Chapter 8 Wireless Telecommunications Facilities in the Public Right of Way to Title 6 of the Yuba City Municipal Code by title only and waive the first reading B. Adopt Resolution 22-094 to revise the corresponding City Policy for design standards applicable to Small Wireless Facilities (SWF) in the public right-of-way The motion was passed with a unanimous vote
Future Agenda Items

14. Future Agenda Items
No suggestions
Reports and Communications

15. City Manager's Report

16. City Council Reports
- Councilmember Espindola
- Councilmember Harris

- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 7:07 PM ____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: National Opioid Settlement Payment Election
Recommendation: Adopt a Resolution authorizing the City Manager to opt out of direct payment per the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both the Janssen and Distributor Settlements Fiscal Impact: The initial figure for the Distributors Settlement is $40,522.70 with the Janssen settlement amount remaining unknown
Purpose:

To opt out of the National Opioid Settlement payment, deferring funds to County of Sutter Council's Strategic Goal:

Fiscal Responsibility
Background:

Various states, counties, and cities have been in litigation with the McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation. (collectively, the “Distributors”) and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, the “Manufacturer”) (for purposes of this report, the Distributors and Manufacturer are collectively referred to as the “Settling Defendants”). The litigation concerns the distribution and manufacture of opioids that have contributed to the opioid addiction epidemic in the United States. Two tentative settlements have been reached with the Distributors and Manufacturers, respectively (“National Opioids Settlements”).

Yuba City declared its participation by Resolution on December 21, 2021. Staff discussed with City Council at this time the potential that restrictions placed on the use of any funds received would be more in line with current County of Sutter operations and deferring funds to the County may be the best option.

Analysis:

The actual amount for the City is dependent on a number of variables, including, but not limited to, the number of California cities and counties participating, whether or not cities later sue the Settling Defendants, and certain actions that may be taken by the State of California. Further, the City’s share of the potential amount is determined using three factors: (1) Opioid use disorder; (2) Opioid deaths; and (3) Opioid dosage. If the City participates, the funds will automatically be allocated to the County unless the City opts to receive the funds directly; however, there are certain reporting and tracking requirements if the City receives the funds directly (see below).

By participating in the National Opioid Settlements, the City would be agreeing to a very broad release of opioid-related claims in the lawsuit against the Settling Defendants, which includes both known and unknown claims. However, not participating and litigating on its own means that the City is required to comply with very strict deadlines with respect to litigation.

The National Opioids Settlements will allow for a range of approved abatement uses, which includes a range of intervention, treatment, education, and recovery services. However, the uses of funds are restricted to the abatement uses identified in the settlements. There are also significant public reporting and tracking requirements on the expenditures for such funds, which may make County receipt and expenditure of such funds more desirable. For example, the settlement with the Manufacturer would require the following reporting and tracking:
• Preparation of annual written reports regarding the use of the funds. This report must include a certification that all funds received has been used in compliance with the Manufacturer settlement agreements. This report must be in a form that is approved by the California Department of Health Care Services (“DHCS”).
• The City would be required to track all deposits and expenditures. • For funds not used for a permitted purpose must be identified and included in the annual report (including any attorneys’ fees, investigation costs, or litigation costs). This information must also be reported to the Manufacturer and the settlement fund administrator.

In terms of enforcement, if DHCS believes that the use of settlement funds is inconsistent with the requirements, it must meet and confer with subdivision (i.e., the City), and if not resolved, DHCS may perform an audit. If the issue is not resolved, DHCS can bring a motion or action in court to resolve the concern or to enforce the terms of the settlement agreement/state-allocation agreement. There are also time limits on expenditure where money not expended or encumbered within five years of receipt must be transferred to the State. However, these requirements only apply to the City if it elects to receive direct distribution and does not apply if the funds go to the County.

Fiscal Impact:

The initial figure for the Distributors Settlement is $40,522.70 with the Janssen settlement amount remaining unknown.

Alternatives:

1. Direct the City Manager to opt into the payments from the settlements.

2. Choose not to act and the funds will automatically be directed to the County of Sutter.

Recommendation:

Adopt a Resolution authorizing the City Manager to opt out of direct payment per the California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds for both the Janssen and Distributor Settlements.

Attachments:

1. Resolution
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

TO AUTHORIZE THE CITY MANAGER TO OPT OUT OF DIRECT PAYMENTS

IN THE NATIONAL OPIOID SETTLEMENTS
WHEREAS, City Council passed a Resolution on December 21, 2021 to declare its participation in a national litigation with opioid distributors and manufacturers (Defendants); WHEREAS, negotiations with the national opioid settlement Defendants have resulted in proposed nationwide settlements of state and local government claims to settle litigation; WHEREAS, settlement funds are restricted to abatement uses, including a range of intervention, treatment, education, and recovery services and require significant public reporting; WHEREAS, the County of Sutter has staffing and processes in place to most effectively implement the programs related to the use of settlement funds, as well as the required reporting; WHEREAS, the City may opt out of receiving settlement funds which automatically diverts the funds to the County of Sutter;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City hereby authorize the City Manager to opt out of direct payment per the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both the Janssen and Distributor Settlements.

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

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
Approved as to form
Counsel for Yuba City:
_____________________________

Shannon Chaffin, Esq.

Aleshire & Wynder, LLP

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Traffic Signal Maintenance Contract Award
Recommendation: A. Adopt a Resolution awarding a Service Agreement for traffic signal maintenance to St. Francis Electric, LLC of San Leandro, CA in the amount of $58,400 with the finding that it is in the best interest of the City B. Authorize the Public Works Director to execute up to four, one-year contract extensions to the traffic signal maintenance contract on behalf of the City, with annual cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period Fiscal Impact: $58,400 – Account No. 3150-63674 (Electrical Maintenance) $38,400 – Monthly Maintenance
$20,000 – Emergency/Extra Work
Purpose:

To maintain the City’s traffic signal infrastructure and provide on-call services for emergency repairs.

Council’s Strategic Goal:

The Maintenance addresses the City Council’s Strategic Goal of improving the City’s infrastructure and Public Safety.

Background:

Public Works is responsible for the operation and maintenance of 40 traffic signals throughout the City.

While Electrical Division staff have the technical expertise to perform these services, staffing levels are insufficient to assure that the necessary routine maintenance and emergency repairs are addressed while also meeting all of the other electrical maintenance requirements throughout the City.

Since 2020, the City has contracted with Bear Electric Solutions, Inc. (BES) for the routine maintenance of the City’s traffic signals, as well as on-call emergency repair services. BES was selected through a competitive request for proposals (RFP) process based on their qualifications, references, and price.

In order to assure that the City continues to receive the most qualified, cost-competitive traffic signal maintenance services, Public Works released another RFP for the maintenance of the City’s 40 signalized intersections on May 31, 2022. The RFP stipulated that the contract would be for one (1) year with the option, at the City’s discretion, to extend the contract up to four (4) times in one (1) year intervals. The City received two proposals, one from St. Francis Electric, LLC (SFE) and one from Bear Electric Solutions, Inc. (BES), by the deadline of June 16, 2022.

Analysis:

Staff reviewed the two proposals, and found both proposals were from highly qualified contractors that have extensive experience working in northern California. However, Public Works found SFE is the most qualified contractor based on their experience and past performance. Below are the results of the rankings:

Although routine maintenance costs were identical between SFE and BES, SFE was higher ranked in the Cost for Services and Extra Work criteria due to cheaper costs affiliated with special equipment and additional annual maintenance services.

To minimize contract management costs, staff is requesting authorization for the Public Works Director to execute up to four, one-year extensions to the Service Agreement provided SFE’s services meet or exceed staff’s expectations and that any annual cost increases requested by SFE do not exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period.

Fiscal Impact:

The total contract amount for the first year is $58,400.00 funded through Account No. 3150-63674 (Electrical Maintenance). This amount includes $20,000 for on-call emergency response, which represents staff’s best estimate of what will be required based on average historic needs. Account No. 3150-63674 will have approximately $135,000 currently available.

Subsequent contract extensions permitted through the contract will be subject to cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period.

Alternatives:

A. Modify the on-call emergency amount.

B. Do not award the contract and either direct staff to issue a new Request for Proposals with different terms or authorize additional staffing levels to perform this work with City staff.

C. Require any one-year contract extensions to be brought to Council for approval each year.

Recommendation:

A. Adopt a Resolution awarding a Service Agreement for traffic signal maintenance to St. Francis Electric, LLC of San Leandro, CA in the amount of $58,400.00 with the finding that it is in the best interest of the City.

B. Authorize the Public Works Director to execute up to four, one-year contract extensions to the traffic signal maintenance contract on behalf of the City, with annual cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12- month period.

Attachments:

1. Service Agreement for Traffic Signal Maintenance

2. Resolution - Traffic Signal Maintenance Contract Award Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

1 SERVICE AGREEMENT
This Agreement is made and entered into as of
______________________, by and between the City of Yuba City, a municipal corporation (“City”) and St. Francis Electric, LLC (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner.

See Attached Proposal
(Exhibit A)

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $58,400.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When

2 payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.

8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written

3 information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

4 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)

10.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and

5 expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.

14.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

15.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.

16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City William Jow
Public Works Department
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4635
If to Consultant: Monica Kint
Regional Project Manager
St. Francis Electric, LLC
975 Carden Street
San Leandro, CA 94577
(510) 639-0639

17.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

6 18.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

19.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

20.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.

23.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

24.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear

7 the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

25.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

27.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF YUBA CITY: CONSULTANT:

By: _____________________________ By: _________________________ Diana Langley Guy Smith
City Manager Vice President
Attachments: Exhibit A – Proposal
Exhibit B – Insurance Requirements
Exhibit C – Exemption of Workers Compensation Insurance Exhibit D – Fee Rate Schedule for 2021 Calendar Year

9 EXHIBIT A
Request for Proposal

10 EXHIBIT B
Service Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement.

If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.

II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

11 V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:

A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.

B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.

VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.

VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

12 Exhibit C
Certificate of Exemption From
Workers’ Compensation Insurance
I hereby certify that in the performance of the work for which the Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Worker’s Compensation Laws of the State of California.

Executed on this __________day of ___________, 202__, at Yuba City, California.

By:_______________________________
Title:________________________
St. Francis Electric, LLC

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A SERVICES AGREEMENT TO ST. FRANCIS ELECTRIC, LLC. FOR TRAFFIC SIGNAL

MAINTENANCE
WHEREAS, the City of Yuba City desires to maintain its traffic signal infrastructure in a safe and satisfactory manner; and
WHEREAS, City staffing levels are insufficient to assure that the necessary traffic signal infrastructure routine maintenance and emergency repairs are addressed while also meeting all of the other electrical maintenance requirements throughout the City; and WHEREAS, the City issued a Request for Proposals on May 31, 2022 to find the most qualified contractor to perform traffic signal maintenance and received proposals from St. Francis Electric, LLC (SFE) and Bear Electrical Solutions, Inc. (BES) by the deadline of June 16, 2022; and
WHEREAS, the City has determined that SFE is the most qualified contractor based on its experience, capabilities, past references, and primarily its cost of services; and
WHEREAS, the City desires to award a Services Agreement for traffic signal maintenance to SFE in the amount of $58,400.00; and
WHEREAS, to minimize contract management costs, the City desires to authorize the Public Works Director to execute up to four, one-year extensions to the Services Agreement provided SFE’s services meet or exceed staff’s expectations and that any annual cost increases requested by SFE do not exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period.

NOW, THEREFORE, be it resolved by the City Council of the City 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 the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the services are within existing City facilities are qualifying repairs, maintenance, or minor alterations of existing public facilities involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set form in CEQA Guidelines Section 15300.2 apply to this project.

2. A Services Agreement is hereby awarded to St. Francis Electric, LLC of San Leandro, CA for traffic signal maintenance in the amount of $58,400.00, subject to material terms and approval as to legal form by the City Attorney, with the finding that it is in the best interest of the City.

3. The Public Works Director is hereby authorized to execute up to four, one-year contract extensions to the traffic signal maintenance contract on behalf of the City, with annual cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period.

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 5 th
day of July, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Executive Service Contract Terms
Recommendation: A. Adopt a Resolution authorizing the City Manager to amend the Executive Service Employment Agreements
B. Adopt a Resolution authorizing the Finance Director to amend the salary schedule
C. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $112,600
Fiscal Impact: The proposed changes will result in a net increase in cost of $115,400 for FY22/23.

Purpose:

To approve amendments to the Executive Services employee agreements for a 5% cost of living increase for City Manager, Public Works & Development Services Director, and Human Resources Director, 5% cost of living increase and 1.5% equity adjustment for Finance Director, 5% cost of living increase and 11% equity adjustment for Community Services Director, and 8% cost of living increase for Police Chief and Fire Chief.

Council’s Strategic Goal:

This side letter addresses the City Council’s Strategic Goal of public safety.

Background:

In addition to the City Manager, the Executive Service employees are the positions of: 1) Police Chief, 2) Fire Chief, 3) Public Works & Development Services Director, 4) Finance Director, 5) Community Services Director, and 6) Human Resources Director. The Executive Service employees serve in “at will” positions. Executive Service employees have individual employment contracts; the current employment contract with Executive Service employees are from 2020. In the past, contract amendments have been utilized to reflect changing terms and conditions and the City Manager has executed amendments for the other Executive Service employees with the City Council approved terms. The Mayor signs the City Manager amendment on behalf of the City Council.

Analysis:

It is being proposed that the City Manager, Public Works & Development Services Director, and Human Resources Director receive a 5% cost of living increase, the Finance Director receive a 5% cost of living increase and 1.5% equity adjustment, Community Services Director receive 5% cost of living increase and 11% equity adjustment, and the Police Chief and Fire Chief receive a 8% cost of living increase. All cost of living increase and equity adjustments would be effective July 2, 2022. This salary increase methodology is consistent with the offers provided to the corresponding bargaining units.

Fiscal Impact:

The proposed changes will result in a net increase in cost of $115,400 for FY22/23.

Alternatives:

Do not approve Executive Service employee terms and conditions and provide staff direction.

Recommendation:

A. Adopt a resolution authorizing the City Manager to amend the Executive Service Employment Agreements
B. Adopt a resolution authority the Finance Director to amend the salary schedule C. Approve supplemental appropriations as required to the impacted division in the affected funds:

General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $112,600
Attachments:

1. Executive Services Cost Impact

2. Executive Service Amendment Resolution

3. City Manager Amendment

4. Executive Service Salary Schedule Resolution
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

On-going One-time Total
FY 2022-23
Salary increase - 8.0% for the Chiefs and 5.0% COLA for others $ 115,400 115,400 Plus equity adjustments per the MOU to market & benchmarking Total Cost $ 115,400 $ - $ 115,400
General Fund $ 112,600 $ 112,600
Water $ 1,400 $ 1,400
Wastewater $ 1,400 $ 1,400
SASA $ - $ -
VMF $ - $ -
City of Yuba City
Executive Team - July 5, 2022 Staff Report

ATTACHMENT 2

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE EXECUTIVE SERVICE EMPLOYEE CONTRACT

AMENDMENTS
WHEREAS, Executive Service employees include the following positions: City Manager, Police Chief, Fire Chief, Public Works & Development Services Director, Finance Director, Community Services Director, and Human Resources Director; and WHEREAS, the City recognizes the Executive Service employees commitment to the City and its citizens while providing outstanding and dedicated service to all; and WHEREAS, Executive Service employees are “at will” employees and have individual employee contracts that reflect the terms of their employment; and WHEREAS, changes to these contracts are done through contract amendments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

A. Authorize the City Manager to execute amendments with Executive Service employees consistent with the following compensation adjustments effective July 2, 2022 and memorialized in the corresponding salary schedules:
 the classifications of Public Works & Development Services Director and Human Resources Director shall each receive a 5% cost of living increase,  the Finance Director shall receive 5% cost of living increase and 1.5% equity adjustment,
 the Community Services Director shall receive 5% cost of living increase and 11% equity adjustment, and
 the Police Chief and Fire Chief shall each receive 8% cost of living increase; and B. Authorize the Mayor to execute amendment with City Manager for a 5% cost of living increase effective July 2, 2022.

The Director of Finance is hereby authorized to make the necessary salary schedule modifications, transfers, and appropriations to implement the provisions of this Resolution:

A. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
B. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $112,600
The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 5th day of July 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:

____________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 3

Amendment Letter to the Employment Agreement between the City of Yuba City and Diana Langley
This Amendment to the Employment Agreement dated July 5, 2022 is made between the City of Yuba City, California, a general law city, and Diana Langley, City Manager with respect to modifying the terms and conditions of employment for Fiscal Year 2022/2023.

1. Salary Increase
Effective July 2, 2022, the City agrees to implement a 5% cost of living salary increase for City Manager. This salary increase shall be implemented prospectively only.

Section 2: General Provisions

1. This Amendment Letter modifies the Employment Agreement set forth by the revised understanding between the Employer and Employee. The parties, by mutual written agreement, may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made part of this agreement.

2. Binding Effect. This Amendment Letter shall be binding on the Employer and the Employee as well as their heirs, assignees, executors, personal representatives and successors in interest.

3. Severability. The invalidity or partial invalidity of any portion of this Amendment Letter will not affect the validity of any other provision of the Amendment Letter or the provisions of the Employment Agreement. In the event that any provision of this Amendment Letter is held to be invalid, the remaining provisions shall be deemed to be in full force and effect.

4. Effective Date. This Amendment Letter shall become effective on July 2, 2022 or on the latest date of signature below, whichever is later. **SIGNATURES BELOW**
Dated: _______________________ _________________________ Diana Langley
City Manager
Dated: _______________________ _________________________ Dave Shaw
Mayor

Attest: Approved as to Form:
__________________________ __________________________
Ciara Wakefield, Deputy City Clerk Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 4

6/27/20222:13 PM
Department Heads
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
8070 * CITY MANAGER CM - - - - 18,375 Monthly
- - - - 106.01 Hourly
8090* PUBLIC WORKS & DEVELOPMENT SERVICES DIRECTOR DH 13,419 - - - 16,311 Monthly

77.42 - - - 94.10 Hourly
8010* DIRECTOR OF HUMAN RESOURCES DH 10,837 - - - 13,173 Monthly

62.52 - - - 76.00 Hourly
8140* DIRECTOR OF COMMUNITY SERVICES DH 12,427 - - - 15,105 Monthly

71.69 - - - 87.14 Hourly
8030* FIRE CHIEF DH 13,861 - - - 16,848 Monthly

79.97 - - - 97.20 Hourly
8050* POLICE CHIEF DH 13,861 - - - 16,848 Monthly

79.97 - - - 97.20 Hourly
8020* DIRECTOR OF FINANCE DH 12,060 - - - 14,659 Monthly

69.58 - - - 84.57 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:

EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE FEBRUARY 1, 2022

SALARY STEPS
Salary Schedule - Exec Costing 5-27-22

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: First Level Managers Memorandum of Understanding (MOU) Recommendation: Adopt a Resolution:

A. Approving a three-year Memorandum of Understanding with the First Level Managers group
B. Authorizing the Finance Director to amend the salary schedule C. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $253,600.

Fiscal Impact: The proposed changes will result in a net increase in cost of $508,900 for FY22/23.

Purpose:

To approve the First Level Managers’ (FLM) two year Memorandum of Understanding (MOU).

Council's Strategic Goal:

This FLM MOU addresses the City Council's Strategic Goal of being business friendly and infrastructure.

Background:

The First Level Managers’ current MOU expires June 30, 2022. This MOU included salary increases for Water Distribution Supervisor, Wastewater Collection Supervisor, and Laboratory Supervisor. It benchmarked the Communication Center Coordinator 15% above top step to the Public Safety Dispatcher; the Fleet Maintenance Supervisor 15% above top step of Mechanic, Lead; the Street Maintenance Supervisor, Park Maintenance Supervisor, and Facilities Maintenance Supervisor benchmarked to the Fleet Maintenance Supervisor. All represented FLMs received a $4,000 signing bonus in the first full pay period in FY 21/22.

Analysis:

FLM have agreed to a three-year Memorandum of Understanding effective July 1, 2022 through June 30, 2025 that, among other terms and MOU edits:

1. Effective July 2, 2022, all classification will receive a cost of living increase of five percent (5%) salary increase;

2. Effective July 2, 2022 the below classifications will receive equity adjustments as follows:

Classification Increase
Accountant II 5.25%
Administrative Analyst II 25.50%
Animal Shelter Supervisor 24.03%
Communication Coordinator 5.75%
Construction Inspector – Senior 23.13%
Crime Analyst 3.00%
Customer Service Manager 21.25%
Development Liaison 29.40%
Electrical/Instrumentation Supervisor 5.95%
Engineer – Civil Associate 18.00%
Environmental Compliance Coordinator 4.50%
Fleet Maintenance Supervisor 0.50%
Information Technology Analyst 16.75%
Information Technology Analyst – Senior 16.73%
Laboratory Supervisor 1.25%
Planner – Associate 23.00%
Plant Maintenance Supervisor 28.00%
Recreation Supervisor I 4.76%
Wastewater Collections Supervisor 1.75%
Wastewater Treatment Facility Chief Operator 17.50%
Wastewater Treatment Facility Supervisor 7.30%
Water Distribution Supervisor 4.50%
Water Treatment Facility Chief Operator 17.50%
Water Treatment Facility Supervisor 7.30%
These equity adjustments are cumulative and not compounded with the cost of living adjustments above.

3. Wage reopener to discuss the City’s financial position no later than the end of May in 2023 and 2024 on the issue of wage, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in July 2023 and 2024. If parties cannot agree on a wage increase during a reopener, there shall be no salary adjustment for that year.

The complete Memorandum of Understanding is attached.

Attachments:

1. Summary - FLM 7-5-2022

2. 7-5-22 First Level Manager MOU - Resolution v1

3. Yuba City FLM MOU 7.1.22

4. 7-02-2022 - FLM (revised 7.1.22)
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

On‐going One‐time Total
FY 2022‐23
Salary increase ‐ 5.0% COLA  508,900 $        508,900
Plus equity adjustments per the MOU to market & benchmarking Total Cost $        ‐ 508,900 $                508,900 $ General Fund 253,600 $              253,600 $
Water  110,200 $              110,200 $
Wastewater 120,800 $              120,800 $
SASA 18,700 $                18,700 $
VMF 5,600 $                  5,600 $
City of Yuba City
First Level Managers ‐ July 5, 2022 Staff Report

ATTACHMENT 2

RESOLUTION NO. 20-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE FIRST LEVEL MANAGERS’ MEMORANDUM OF UNDERSTANDING
JULY 1, 2022 – JUNE 30, 2025
WHEREAS, the City recognizes the First Level Managers commitment to the City and its citizens while providing outstanding and dedicated service to all and; WHEREAS, City staff and the First Level Managers have negotiated a three year Memorandum of Understanding and;
WHEREAS, the City appreciates the efforts and energy the First Level Managers have put forth to negotiate this Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

The attached Memorandum of Understanding is hereby approved effective July 2, 2022 with the following terms, among others:

1. Effective July 2, 2022, all classification will receive a cost of living increase of five percent (5%) salary increase;

2. Effective July 2, 2022 the below classifications will receive equity adjustments as follows:

Classification Increase
Accountant II 05.25%
Administrative Analyst II 25.50%
Animal Shelter Supervisor 24.03%
Communication Coordinator 05.75%
Construction Inspector – Senior 23.13%
Crime Analyst 03.00%
Customer Service Manager 21.25%
Development Liaison 29.40%
Electrical/Instrumentation Supervisor 05.95%
Engineer – Civil Associate 18.00%
Environmental Compliance Coordinator 04.50%
Fleet Maintenance Supervisor 00.50%
Information Technology Analyst 16.75%
Information Technology Analyst – Senior 16.73%
Laboratory Supervisor 1.25%
Planner – Associate 23.00%
Plant Maintenance Supervisor 28.00%
Recreation Supervisor I 04.76%
Wastewater Collections Supervisor 01.75%
Wastewater Treatment Facility Chief Operator 17.50%
Wastewater Treatment Facility Supervisor 07.30%
Water Distribution Supervisor 04.50%
Water Treatment Facility Chief Operator 17.50%
Water Treatment Facility Supervisor 07.30%

These equity adjustments are cumulative and not compounded with the cost of living adjustments above.

3. Wage reopener to discuss the City’s financial position no later than the end of May in 2023 and 2024 on the issue of wage, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in July 2023 and 2024. If parties cannot agree on a wage increase during a reopener, there shall be no salary adjustment for that year.

The Director of Finance is hereby authorized to make the necessary salary schedule modifications, transfers, and appropriations to implement the provisions of this Resolution:
1) Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
2) Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $253,600.

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 5th day of July 2022.

AYES:

NOES:

ABSENT:
__________________
ATTEST: Dave Shaw, Mayor
______________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 3

MEMORANDUM OF UNDERSTANDING
Between
The City of Yuba City
And
The First Level Managers
July 1, 2022 through June 30, 2025

Contents
PREAMBLE: .......................................................................................................................................................................... 4 ARTICLE 1 SALARY ............................................................................................................................................................ 4

1.3 Wage Reopeners ........................................................................................................................................................... 5

1.4 New 9-Step Salary Schedule ......................................................................................................................................... 5

1.5 Bilingual Pay ................................................................................................................................................................. 5

1.6 Animal Services Standby Pay ....................................................................................................................................... 5

1.7 Communications Center Coordinator Education Pay ................................................................................................... 6

1.8 Work Schedule .............................................................................................................................................................. 6 ARTICLE 2 PUBLIC EMPLOYEES' RETIREMENT SYSTEM ......................................................................................... 6

2.1 Retirement Terminology ............................................................................................................................................... 6

2.2 Miscellaneous Member Retirement Formulas .............................................................................................................. 7 ARTICLE 3 FLOATING HOLIDAYS .................................................................................................................................. 7 ARTICLE 4 BENEFITS ......................................................................................................................................................... 8

4.1 Health Plans .................................................................................................................................................................. 8

4.2 Dental and Vision Plans ................................................................................................................................................ 8

4.3 Life Insurance ............................................................................................................................................................... 8

4.4 Employee Assistance Program (EAP) .......................................................................................................................... 8

4.6 Short Term Disability.................................................................................................................................................... 9

4.7 Long Term Disability .................................................................................................................................................... 9

4.8 Tuition Reimbursement................................................................................................................................................. 9 ARTICLE 5 DEFERRED COMPENSATION ....................................................................................................................... 9 ARTICLE 6 CERTIFICATIONS ........................................................................................................................................... 9 ARTICLE 7 DEPT. OF TRANSPORTATION COMMERCIAL DRIVERS TESTING ...................................................... 9 ARTICLE 8 COMMERCIAL DRIVERS LICENSE EXAMINATION ................................................................................ 9 ARTICLE 9 VACATION LEAVE ....................................................................................................................................... 10

9.1 Vacation Accrual Rate ................................................................................................................................................ 10

9.2 Returning Former Employees ..................................................................................................................................... 10

9.3 Vacation Accrual and Post-Separation Contributions of Accrued Leave Hours ........................................................ 10 ARTICLE 10 CATASTROPHIC ILLNESS AND INJURY LEAVE DONATION PROGRAM ....................................... 11 ARTICLE 11 ADMINISTRATIVE LEAVE........................................................................................................................ 11

11.1 Exempt Classification ............................................................................................................................................... 11

11.2 Maximum Cash Out .................................................................................................................................................. 11

11.3 Maximum Carry Over ............................................................................................................................................... 11

11.4 Additional Allotment ................................................................................................................................................ 11

11.5 Separation of Employment ........................................................................................................................................ 11

ARTICLE 12 COMPENSATORY TIME ............................................................................................................................ 12

12.1 Maximum Accumulation .......................................................................................................................................... 12

12.2 Maximum Cash Out .................................................................................................................................................. 12 ARTICLE 13 COUNSELING MEMORANDUM ............................................................................................................... 12 ARTICLE 14 INCENTIVES ................................................................................................................................................ 12

14.1 Water Certificate Pay ................................................................................................................................................ 12

14.2 Callback and Stand-by Time ..................................................................................................................................... 13

14.3 Personnel Eligibility for Water Distribution Stand-by .............................................................................................. 13

14.4 Assignment Period .................................................................................................................................................... 14

14.5 Assignment Limits .................................................................................................................................................... 14

14.6 Exceptions ................................................................................................................................................................. 14

14.7 Shift Differential ....................................................................................................................................................... 14 ARTICLE 15 TERM OF AGREEMENT ............................................................................................................................. 14 Appendix A – Represented Classifications ........................................................................................................................... 15 Appendix B – 5 Step Salary Schedule .................................................................................................................................. 16 Appendix C – 9-Step Salary Schedule .................................................................................................................................. 17

PREAMBLE:

This agreement between the City of Yuba City (City) and the First Level Managers (FLM) has as its purpose the promotion of harmonious labor relations between the City and the FLM and the establishment of rates of pay, hours of work, and other conditions of employment. The City recognizes the First Level Managers as the exclusive representative for full-time and regular part-time employees in the classifications in Appendix “A” as amended.

ARTICLE 1 SALARY

1.1 Salary Increases
Effective July 2, 2022, all classifications will receive a cost of living increase of five percent (5.0%) salary increase.

1.2 Equity Adjustments
Effective July 2, 2022, the below classifications will receive equity adjustments as follows:

Classification Increase
Accountant II 05.25%
Administrative Analyst II 25.50%
Animal Shelter Supervisor 24.03%
Communication Coordinator 05.75%
Construction Inspector – Senior 23.13%
Crime Analyst 03.00%
Customer Service Manager 21.25%
Development Liaison 29.40%
Electrical/Instrumentation Supervisor 05.95%
Engineer – Civil Associate 18.00%
Environmental Compliance Coordinator 04.50%
Fleet Maintenance Supervisor 00.50%
Information Technology Analyst 16.75%
Information Technology Analyst – Senior 16.73%
Laboratory Supervisor 1.25%
Planner – Associate 23.00%
Plant Maintenance Supervisor 28.00%
Recreation Supervisor I 04.76%
Wastewater Collections Supervisor 01.75%
Wastewater Treatment Facility Chief Operator 17.50%
Wastewater Treatment Facility Supervisor 07.30%
Water Distribution Supervisor 04.50%
Water Treatment Facility Chief Operator 17.50%
Water Treatment Facility Supervisor 07.30%
These equity adjustments are cumulative and not compounded with the cost of living adjustments above.

1.3 Wage Reopeners
The parties agree to a reopen to discuss the City’s financial position no later than the end of May in 2023 and 2024 on the issue of wage, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in July 2023 and 2024 respectively, unless agreed otherwise. If the parties cannot agree on a wage increase during a reopener, there shall be no salary adjustment for that year.

1.4 New 9-Step Salary Schedule
Employees hired in any FLM position after November 25, 2017, will be on the 9-step salary schedule, attached as Appendix “C”. The 9-step salary schedule has both the first step and last step the same as the 5-step salary schedule. The 5-Step salary schedules is attached as Appendix “B”.

1.5 Bilingual Pay
Employees who are proficient in speaking a foreign language shall receive an additional $23.08 per work week.

The second language must be one commonly spoken in the greater Yuba City area and thus of benefit to the City in providing services to the community residents. The method of certifying proficiency and the determination of which language will be covered under this program shall be determined by the City in consultation with First Level Managers.

1.6 Animal Services Standby Pay
When the Animal Services Manager is on vacation or off duty due to injury or illness:
 The Animal Services Supervisor shall maintain phone availability during the hours between 7:45 am and 6:45 pm, seven days each week, which correlates to the duty hours of the Animal Control Officers. o The Animal Services Supervisor shall be available only, to Animal Control Officers who are on probation. Animal Control Officers who have successfully passed probation are expected to work independently and make sound judgements relative to field calls and shelter operations in the absence of a supervisor.
o Unless there is an extreme emergency, the stand-by call-out for the Animal Services Supervisor shall be for phone consultation to provide direction. Rarely, would the Animal Services Supervisor be required to respond to a location to give direction to Animal Control Officers, however, the possibility is that it could occur at some point. The Animal Services Supervisor is responsible for determining whether responding to a location is warranted. In some cases, the Animal Services Supervisor will receive direction from Animal Services Manager to report to a location.  If the Animal Services Supervisor is required to stand-by during otherwise off-duty hours, stand-by pay shall be compensated at $2.45 per hour.
 The Animal Services Manager and Animal Services Supervisor will alternate planned time off to ensure management staff is available for phone consultation by subordinate staff. No other staff member will fill in for management consultation in the absence of the Animal Services Manager or Animal Services Supervisor with the exception of the Executive Director.  The Animal Services Supervisor will not be issued a take-home vehicle.  The Animal Services Supervisor will utilize their Department issued cellphone as needed for any phone consultation work performed while on stand-by.

 The Animal Services Supervisor shall be compensated in the same manner as the stand-by Animal Control Officer. When responding to a stand-by phone consultation or call-out, the Animal Shelter Supervisor shall receive a minimum two (2) hours at time and one-half the employees' regular rate of pay. Multiple call-outs within a two (2) hour minimum period (starting from the time of the first call) are not separately compensable. If continuous work hours exceed the two (2) hour minimum, the actual time worked is paid at time and one - half the employees' regular pay. If responding to a location, callback pay is from portal to portal when calculating actual hours worked.
 When on stand-by, the Animal Services Supervisor must refrain from the use of alcohol, medication or substances that may interfere with their ability to effectively respond to any call for service. The Animal Services Supervisor must be available by phone and, if needed, be physically able to respond within 45 minutes to an incident location within Animal Control's jurisdiction.  The Animal Services Supervisor shall maintain a current California Driver's License.

1.7 Communications Center Coordinator Education Pay
The Communications Center Coordinator shall receive education incentive pay. Incentive pays are not cumulative, meaning that an employee is eligible only for one incentive for each type of degree or certificate (i.e., if an employee has two Associate's degrees, the employee is eligible for an incentive of 2.5%; if an employee has an Associate's degree and a POST Public Safety Dispatch Intermediate, the employee is eligible for an incentive of 5.0%). The total for all the above incentives shall not exceed 7.5%.

The education incentive shall be paid as follows:

POST Public Safety Dispatch Intermediate 2.5%
POST Public Safety Dispatch Advance 2.5%
AA or AS degree 2.5%
BA or BS Degree 5.0%

1.8 Work Schedule
Assigned work schedule may be changed at sole discretion of the Department Head subject to written notice to the employee including the duration of work schedule no less than one (1) week prior to the implementation.

ARTICLE 2 PUBLIC EMPLOYEES' RETIREMENT SYSTEM

2.1 Retirement Terminology
Employees will receive retirement benefits from the California Public Employees' Retirement System (CalPERS).

The use of terms "classic member" and "new member" shall be as defined by CalPERS and the Public Employee Pension Reform Act of 2013 (PEPRA).

A new member is defined as:
 An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and has no prior membership in any other public retirement system; or  An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and is not eligible for reciprocity with another public retirement system; or

 An individual who established prior membership in a retirement system and after a break in service of more than six months, returns to active membership in that system with a new employer.

2.2 Miscellaneous Member Retirement Formulas
A. Employees hired before August 2, 1991, shall receive the 2.7% at 55 miscellaneous CalPERS formula with the one (1) year final average compensation period. The City shall pay 100% of the employee's contribution to CalPERS and report the employer payment of the member contributions to CalPERS as additional compensation for retirement purposes only. These members shall pay the eight percent (8%) of the employers’ contribution via a CalPERS contract amendment on a pre-tax basis.

B. Employees hired between August 1, 1991, and July 1, 2012, shall receive the 2.7% at 55 miscellaneous CalPERS formula with the three (3) year final average compensation period. The City shall pay 100% of the employee's contribution to CalPERS and report the employer payment of the member contributions to CalPERS as additional compensation for retirement purposes only. These members shall pay the eight percent (8%) of the employers’ contribution via a CalPERS contract amendment on a pre-tax basis.

C. Employees hired after June 30, 2012, who are not classified as a new member shall receive the 2% at 55 miscellaneous CalPERS formula with the three (3) year final average compensation period. The City shall pay 100% of the employee's contribution to CalPERS and report the employer payment of the member contributions to CalPERS as additional compensation for retirement purposes only. These members shall pay the seven percent (7%) of the employers’ contribution via a CalPERS contract amendment on a pretax basis.

D. Employees hired after December 31, 2012 who are classified as new member shall receive the 2% at 62 miscellaneous CalPERS formula with the three (3) year final average compensation period. These employees shall pay one half the total normal cost as determined annually by CalPERS on a pre-tax basis.

E. All miscellaneous retirement formulas have the following optional CalPERS retirement benefits:
 Non-Industrial Disability Improved
 Optional Settlement 2
 1959 Survivor Benefit Level Indexed
 Post-Retirement Death Benefits $500 lump sum
 Survivor Allowance (PRSA)
 3% Retirement COLA
ARTICLE 3 FLOATING HOLIDAYS
Employees will receive two (2) floating holidays per fiscal year which must be used during the fiscal year. These two (2) floating holidays have no cash value and may not be carried over to a subsequent fiscal year. If any employee in this unit does not use either or both of these floating holidays during the fiscal year when the holidays are provided, the employee forfeits the unused floating holiday(s). Scheduling/approval of use of the floating holidays must be in accordance with the requirements of Rule 2.08 in the Personnel/Rules and Regulations.

ARTICLE 4 BENEFITS

4.1 Health Plans
A. Employee Contributions:

Employee contributions are on a pre-tax basis.

B. Health Care Premium Cost:

The City shall pay 80% of the lowest cost health plan available to the majority of City employees.

C. Cash-in-lieu Payment:

Cash-in-Lieu payments are when an employee reduces the level of health care coverage rather than entire coverage shall be as follows:
 Employees, who reduce the level of health care coverage to which they are entitled, i.e. from full family coverage to employee plus one, or employee only coverage, or from employee plus one to employee only coverage, shall be entitled to a Cash-in-Lieu benefit. The Cash-in-Lieu benefit is based upon the lowest cost health plan available to the majority of City Employees.

The employee making the election covered above, shall receive the difference between the Cashin-Lieu benefit to which they would have been entitled had they waived coverage at their present coverage level and Cash-in-Lieu benefit for the lower level elected.  The Cash-in-Lieu of medical insurance bonus for employees electing to forego health insurance coverage will be based on the below percentages of the current lowest cost health plan available to the majority of City employees:

Employee only 25%
Employee plus one dependent 25%
Family coverage 30%

4.2 Dental and Vision Plans
The City pays 90% of the premium and employees pay 10% of the premium. Premiums will be based on periodic actuarial conducted by an outside consultant.

Effective January 1, 2020, for dental, the calendar year maximum shall increase to $1,750 and for vision, the benefit maximum (as defined in the plan document) shall increase to $600 every 24 months. The City may change the Dental and Vision Plan claims administrator at any time.

4.3 Life Insurance
Life insurance benefit amount of fifty thousand dollars ($50,000) shall be maintained for First Level Managers.

4.4 Employee Assistance Program (EAP)
The EAP is an employee benefit that assists employees with personal problems and/or work-related problems that may impact their job performance, health, mental and emotional well-being. The EAP provides free and confidential assessments, short-term counseling, referrals, and follow-up services for employees and their household members. For details about the EAP program, please see the Human Resources Department.

4.5 Health Benefits Committee
The First Level Managers shall designate one (1) representative to the committee. The general purpose of the committee is to address benefit plan design and cost containment. The committee consists of members from each employee association and serves in an advisory capacity to management.

4.6 Short Term Disability
A. Waiting Period: A 30-calendar day waiting period must pass before benefits are payable.

B. Premium: The City shall set the Short Term Disability rates based on outside actuarial; no premium cap shall exist. The City agrees to discuss any changes to the premium with the First Level Manager representative prior to taking action.

C. Benefit: The benefit shall be equal to 60% of earning at time of the disabling event; no dollar cap on the benefit shall exist.

4.7 Long Term Disability
The City provides a long-term disability program for employees.

4.8 Tuition Reimbursement
The tuition reimbursement is five thousand dollars ($5,000) per fiscal year.

ARTICLE 5 DEFERRED COMPENSATION
Employees receive fifty dollars ($50.00) a month paid into their deferred compensation account.

ARTICLE 6 CERTIFICATIONS
The City pays the costs associated with obtaining and maintaining special certificates or licenses that are required by the State of California, the City of Yuba City or any governmental agency to obtain and maintain as a condition of employment. (Note: if the certificate or license is required prior to employment, the City will only reimburse post-hire expenses.)
ARTICLE 7 DEPT. OF TRANSPORTATION COMMERCIAL DRIVERS TESTING It is mutually agreed that the Addendum to Alcohol and Drug Abuse Policy implementing the Omnibus Transportation Employee Testing Act of 1991 (Exhibit A) shall remain in effect.

ARTICLE 8 COMMERCIAL DRIVERS LICENSE EXAMINATION
Physical examinations for employees who are required to maintain a Class A or B California driver's license as a job requirement shall have the expense paid by the City. Employees may elect to go to their own personal physician or to the medical center designated by the City. Employees electing to go to their own personal physician shall be reimbursed upon submission of an itemized receipt to the Human Resources Department. The maximum amount eligible for reimbursement is the amount the City has contracted for with the designated medical center.

ARTICLE 9 VACATION LEAVE

9.1 Vacation Accrual Rate
Employees will accrue vacation will be as follows:

Years of Service Bi-Weekly Rate
0 – Completion of 4 years 4.0 hours
5 – Completion of 10 years 5.5 hours
11 – Completion of 15 years 6.5 hours
16 or more years 7.1 hours

9.2 Returning Former Employees
At the City Manager's discretion, employees who are returning, or who have returned, to City employment may be allowed to accrue vacation leave based upon the total years of service to the City or as otherwise agreed upon, under the following guidelines:

A. They must have worked for the City at least five years previously; B. They must be hired into a First Level Management position upon return; C. The department head must make a written request to the City Manager and the City Manager must provide written instructions to Human Resources to take this action.

9.3 Vacation Accrual and Post-Separation Contributions of Accrued Leave Hours With respect to accrued vacation leave hours (as well as other leave hours described below) that are on the books at the time of an employee's separation, the City will make mandatory contributions of such hours as follows:

Upon separation from employment, for retirement from City service or otherwise, 100% of eligible leave, including sick, vacation, administrative and comp time, (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) shall be contributed on a mandatory basis for the benefit of the employee to the City's 457(b) plan by the City subject to the annual limitations on contributions to such plan, including catch up contribution limits if applicable. The eligible and remaining leave balance (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) after the mandatory allocation to the 457(b) plan, shall be paid out to the employee in taxable compensation; provided that the total amount allocated to the 457(b) plan and paid as taxable compensation does not exceed the applicable limits as set forth in the MOU.

Example 1: An employee has 2500 hours of accrued sick leave and 300 hours of accrued vacation hours and is separating from service (whether to retire or otherwise). If the employee is subject to the 50% limit of total accrued sick leave based on their MOU and length of service, the employee would only have 1250 sick leave hours eligible for allocation. As such, only 1250 sick leave hours are considered eligible. The 1250 sick leave hours would be contributed to the City's 457(b) plan, subject to the applicable contribution limits, and any remaining hours would be paid out as taxable compensation. 100% of accrued vacation hours are eligible for allocation. As such, 300 hours would be contributed to the City's 457(b) plan, subject to the applicable contribution limits, and any remaining hours of the 1250 would be paid out as taxable compensation.

Example 2: An employee has 2500 hours of accrued sick leave and 300 hours of accrued vacation hours and is separating from service (whether to retire or otherwise). If the employee is subject to the 30% limit of total accrued sick leave based on their MOU and length of service, the employee would only have 750 sick leave hours eligible for allocation. As such, only 750 sick leave hours are considered "eligible". All 750 sick leave hours would be contributed to the City's 457(b) plan, subject to the applicable contribution limits, and any remaining hours would be paid out as taxable compensation. 100% of accrued vacation hours are eligible for allocation. As such, all 300 hours would be contributed to the City's 457(b) plan, subject to the applicable contribution limits, and any remaining hours would be paid out as taxable compensation. For clarification of a related note, the PERS Sick Leave Conversion is not available for the miscellaneous employees in this unit.

ARTICLE 10 CATASTROPHIC ILLNESS AND INJURY LEAVE DONATION PROGRAM The Catastrophic Illness and Injury Leave Donation Program shall remain in effect (Exhibit B).

ARTICLE 11 ADMINISTRATIVE LEAVE

11.1 Exempt Classification
Employees, whose job classification is declared exempt from overtime under the FLSA guideline, shall receive 80 hours administrative leave with the first payroll period of each calendar year in lieu of compensatory time and overtime. Employees may use the leave subject to the approval of their department head, except that leave cannot be used prior to separation of employment in order to delay the separation date. New hires shall receive a prorated amount of administrative leave for their first year based upon the month of hire.

11.2 Maximum Cash Out
Employees who receive administrative leave can elect once a year to cash out a maximum of 40 hours that will be accrued the following year. By December 1 of each year, an employee may annually make an irrevocable advance election to cash out a maximum of 40 hours of administrative leave that will be accrued in the next calendar year. The election shall be made on the form provided by the City for this purpose. The hours selected for cash-out will be paid in the first non-payroll week of January of the following year. (For example, if an employee elects in December 2018 to cash-out forty (40) hours that will be earned in 2019, those hours will be paid in January 2020).

11.3 Maximum Carry Over
Employees shall be allowed to carry over unused administrative leave to the next calendar year, subject to a maximum carryover balance of eighty (80) hours.

11.4 Additional Allotment
At the discretion of the City Manager, an additional allotment of administrative leave not to exceed forty (40) hours per calendar year may be approved. Requests for additional leave allocation must be based on an excessive number of hours worked beyond normal management expectations during the calendar year to date of the request.

Requests for additional leave must be resubmitted by the department head to the City Manager each year, if needed.

11.5 Separation of Employment
In the event of separation of employment, employees will be paid for unused administrative leave.

ARTICLE 12 COMPENSATORY TIME

12.1 Maximum Accumulation
Compensatory time for non-exempt employees may be accumulated to a maximum of eighty (80) hours.

12.2 Maximum Cash Out
Upon written request, employees who receive compensatory time can elect, once each year, to cash out a maximum of forty (40) hours of future compensatory time. By January 1 of each year, an employee may annually make an irrevocable advance election to cash out a maximum of forty (40) hours of compensatory time that will be accrued by November 30 of that calendar year. The election shall be made on the form provided by the City for this purpose. The hours selected for cash-out will be paid in the first non-payroll week in December. (For example, if an employee elects in January 2019 to cash-out 40 hours of CTO that will be accrued later that year, those hours will be paid in December 2019). An employee can only cash-out hours that are actually earned/accrued. For example, if a FLM elects, in January 2019, to cash-out forty (40) hours of CTO that will be earned before November 30, but only earns thirty-two (32) hours in CTO in that timeframe, then only thirty-two (32) hours will be paid out in December. Separate and apart from the employee's ability to make an irrevocable advance election, the City, at its option, may pay out up to forty (40) accrued hours of compensatory time at the end of each calendar year.

ARTICLE 13 COUNSELING MEMORANDUM
The attached policy on Counseling Memos (Exhibit C) shall remain in effect.

ARTICLE 14 INCENTIVES

14.1 Water Certificate Pay
The City's water distribution system is classified as a D4 system. Due to this D4 system classification, the Chief Operator is required to have a minimum of a D4 certificate, and shift operators are required to have a minimum of a D3 certificate. To meet the intent of this drinking water regulation, the City must have employees working in water distribution who possess water distribution certifications. Water Distribution Certificate pay is for employees who work with or have the potential to work with the City's water system, possess D-1 through D-4 certification, and is included in the employee's base hourly rate.

For this section, employees who are assigned to work in water distribution are referred to as "Water employees". employees who are not assigned to the area of water distribution are referred to as "Non-Water employees".

The chart below reflects how water distribution certificate pay is applied to Non-Water employees. Total amount of certification pay (when reduced to an hourly rate based on regularly scheduled hours) cannot under any circumstances exceed 10% of the employees' base hourly rate (this includes bilingual pay).

Non-Water (i.e. Maintenance Supervisor-Streets):

If multiple certification, only receive $50 per month (cap). $50 per month (D-1)
$50 per month (non- (D-2)
$50 per month (non- (D-3)
N/A
Water Treatment FLMs who are required to have a treatment (T-1 through T-4) or distribution (D1 through D-4) certificate shall have the certification pay included in their hourly rate.

14.2 Callback and Stand-by Time
This section addresses the Public Works First Level Supervisor assigned to supervise the Water Distribution staff on stand-by for after hours and weekend/holidays for a seven-day period.

A. There are two (2) types of stand-by time: General and Water Distribution. The General stand-by employee is responsible for any after hour's calls except for Water Distribution related calls. The Water Distribution First Level Supervisor stand-by employee is the designated Chief Operator for the water system and must respond to water distribution calls while on stand-by duty.

B. Stand-by pay shall be $2.45 per hour for all hours occurring between the end of the shift and the beginning of the next regular shift. A rotation stand-by list will be created and posted in January each year. Only the First Level Supervisor assigned to Water Distribution will be eligible for stand-by pay on an "as needed basis". On an "as needed basis" is dependent upon the number of qualified D-3 or D-4 certified maintenance workers in the stand-by rotation. If needed, the Water Distribution First Level Supervisor must work on stand-by for water calls until it is determined that sufficient maintenance workers staffing levels exist to respond to water stand-by calls.

C. The Water Distribution First Level Supervisor is allowed to trade stand-by weeks or individual days to stand-by eligible maintenance workers with written notice to their supervisor for approval at least two (2) days in advance of their scheduled stand-by week. The Water Distribution First Level Supervisor is provided a designated take home vehicle for the purpose of responding to call-outs. Take home vehicles will not be driven for any purpose other than driving to and from service calls and traveling to and from work. Employees required to use their personal vehicle while on stand-by shall receive the current IRS mileage rate for personal vehicle mileage while responding to callouts. Personal vehicle usage must have pre-approval of insurance coverage in accordance with the City's policy. When the Water Distribution First Level Supervisor is called back to work he shall receive a minimum two (2) hours at time and onehalf the employee's regular rate of pay. Multiple call-outs within a two (2) hour minimum period are not separately compensable. If continuous work hours exceed the two (2) hour minimum, the actual time worked is paid at time and one- half the employees' regular pay. The stand-by pay is from portal to portal or when call is received from dispatch until the employee has returned to their residence.

14.3 Personnel Eligibility for Water Distribution Stand-by A. The First Level Supervisor for Water Distribution stand by shall have a valid California Water Distribution D-4 or higher certification.

B. The Water Distribution First Level Supervisor must have a minimum of a Class A California Driver's License.

C. The Water Distribution First Level Supervisor must be within 45 minutes response time using an internet mapping site.

D. The Water Distribution First Level Supervisor while on stand-by must remain physically able to respond within 45 minutes to the incident and refrain from the use of alcohol, medications or substances that may interfere with their ability to effectively respond to any call for service.

14.4 Assignment Period
A typical stand-by period shall be one week beginning on Thursday at conclusion of the workday and continuing to the following Thursday at conclusion of the workday.

14.5 Assignment Limits
The First Level Supervisor assigned to water distribution will be limited to two weeks stand-by at a time (in a row), however the First Level Supervisor may be required to work more than two weeks in a row should extenuating circumstances occur. In the event the Water Distribution on-call covers both General and Water Distribution shifts for on-call they will not collect any additional pay.

14.6 Exceptions
A. The First Level Supervisor is responsible for finding qualified substitutes when necessary due to illness or a family emergency. When a substitute is found the stand-by employee must notify a supervisor and police dispatch.

B. Stand-by is typically filled by a voluntary basis. In the event no employees volunteer to cover stand-by, the Department Director or designee will choose from the qualified personnel listing. The stand-by employee substituting for the First Level Supervisor is required to have a Water Distribution D-3 or D-4 Certification.

14.7 Shift Differential
A shift differential of five percent (5.0%) of employee’s base pay shall be paid to those supervisors who are assigned to work an operator shift from 7:00 p.m. to 7:00 a.m. If a supervisor who is assigned to an operator shift elects to utilize vacation, sick leave, CTO or any other paid leave time (jury duty, military duty, etc.), then they shall not be paid shift differential while on such leave.

ARTICLE 15 TERM OF AGREEMENT
The term of this agreement shall be July 1, 2022 through June 30, 2025.

Date: ________________________ Date: _____________________ City of Yuba City First Level Managers
____________________________________ _______________________________ Diana Langley, City Manager Katrina Woods
_____________________________________ _______________________________ Michael W. Jarvis, Liebert Cassidy Whitmore Joshua Wolffe _______________________________
Nathan McCready

Appendix A – Represented Classifications
The First Level Managers represents the following classifications:

Accountant II
Administrative Analyst II
Animal Shelter Supervisor
Communications Center Coordinator
Construction Inspector – Senior
Crime Analyst
Customer Service Manager
Development Liaison
Electrical/Instrumentation Supervisor
Engineer – Associate Civil
Environmental Compliance Coordinator
Facilities Maintenance Supervisor
Fleet Maintenance Supervisor
Information Technology Analyst
Information Technology Analyst, Senior
Laboratory Supervisor
Maintenance Supervisor - Streets
Park Maintenance Supervisor
Planner – Associate
Plant Maintenance Supervisor – Water
Plant Maintenance Supervisor – Wastewater
Recreation Supervisor I/II/II
Wastewater Collections Supervisor
Wastewater Treatment Facility Chief Operator
Wastewater Treatment Facility Supervisor
Water Distribution Supervisor
Water Treatment Facility Chief Operator
Water Treatment Facility Supervisor

Appendix B – 5 Step Salary Schedule
Effective July 2, 2022
Employees Hired Prior To November 25, 2017
Salary Steps
JCN Classification 1 2 3 4 5
6069 Accountant II $ 6,300 $ 6,615 $ 6,946 $ 7,293 $ 7,658 6060 Administrative Analyst II $ 6,649 $ 6,981 $ 7,330 $ 7,697 $ 8,082 6015 Animal Shelter Supervisor $ 4,967 $ 5,215 $ 5,476 $ 5,750 $ 6,038 6035 Communications Center Coordinator $ 6,285 $ 6,599 $ 6,929 $ 7,275 $ 7,638 6090 Construction Inspector-Senior $ 6,609 $ 6,939 $ 7,286 $ 7,650 $ 8,033 6044 Crime Analyst $ 4,636 $ 4,868 $ 5,111 $ 5,367 $ 5,635 6063 Customer Service Manager $ 6,431 $ 6,753 $ 7,091 $ 7,446 $ 7,819 6215 Development Liaison $ 6,848 $ 7,190 $ 7,550 $ 7,927 $ 8,323 6220 Electrical/Instrumentation Supervisor $ 8,044 $ 8,446 $ 8,868 $ 9,311 $ 9,776 6120 Engineer - Associate Civil $ 8,010 $ 8,410 $ 8,831 $ 9,273 $ 9,737 6225 Environmental Compliance Coordinator $ 6,833 $ 7,175 $ 7,534 $ 7,911 $ 8,306 6042 Facilities Maintenance Supervisor $ 5,934 $ 6,231 $ 6,543 $ 6,870 $ 7,214 6050 Fleet Maintenance Supervisor $ 5,963 $ 6,261 $ 6,574 $ 6,903 $ 7,248 6064 Information Technology Analyst $ 7,044 $ 7,396 $ 7,766 $ 8,154 $ 8,561 6142 Senior Information Technology Analyst $ 7,748 $ 8,135 $ 8,542 $ 8,969 $ 9,417 6085 Laboratory Supervisor $ 6,957 $ 7,305 $ 7,670 $ 8,053 $ 8,455 6040 Maintenance Supervisor-Streets $ 5,934 $ 6,231 $ 6,543 $ 6,870 $ 7,214 6043 Parks Maintenance Supervisor $ 5,934 $ 6,231 $ 6,543 $ 6,870 $ 7,214 6061 Planner-Associate $ 6,522 $ 6,848 $ 7,190 $ 7,550 $ 7,927 6065 Plant Maintenance Supervisor $ 8,368 $ 8,786 $ 9,225 $ 9,686 $ 10,171 6030 Recreation Supervisor I $ 5,708 $ 5,993 $ 6,293 $ 6,608 $ 6,938 6045 Recreation Supervisor II $ 6,279 $ 6,593 $ 6,923 $ 7,269 $ 7,632 6046 Recreation Supervisor IIi $ 6,907 $ 7,252 $ 7,615 $ 7,996 $ 8,396 6210 Wastewater Collections Supervisor $ 6,715 $ 7,051 $ 7,404 $ 7,774 $ 8,163 6096 Wastewater Trt Facility Chief Operator $ 8,520 $ 8,946 $ 9,393 $ 9,863 $ 10,356 6111 Wastewater Trt Facility Supervisor $ 9,371 $ 9,840 $ 10,332 $ 10,849 $ 11,392 6041 Water Distribution Supervisor $ 7,615 $ 7,996 $ 8,396 $ 8,816 $ 9,257 6160 Water Treatment Facility Chief Operator $ 8,520 $ 8,946 $ 9,393 $ 9,863 $ 10,356 6110 Water Treatment Facility Supervisor $ 9,371 $ 9,840 $ 10,332 $ 10,849 $ 11,392

Appendix C – 9-Step Salary Schedule
Effective July 2, 2022
Employees Hired On Or After November 25, 2017

SALARY STEPS
JCN Classification 1 2 3 4 5 6 7 8 9
6469 Accountant II $ 6,300 $ 6,458 $ 6,615 $ 6,781 $ 6,946 $ 7,120 $ 7,293 $ 7,476 $ 7,658 6460 Administrative Analyst II $ 6,649 $ 6,815 $ 6,981 $ 7,156 $ 7,330 $ 7,514 $ 7,697 $ 7,889 $ 8,082 6415 Animal Shelter Supervisor $ 4,967 $ 5,091 $ 5,215 $ 5,346 $ 5,476 $ 5,613 $ 5,750 $ 5,894 $ 6,038 6435 Communications Center Coordinator $ 6,285 $ 6,442 $ 6,599 $ 6,764 $ 6,929 $ 7,102 $ 7,275 $ 7,457 $ 7,638 6490 Construction Inspector-Senior $ 6,609 $ 6,774 $ 6,939 $ 7,113 $ 7,286 $ 7,468 $ 7,650 $ 7,841 $ 8,033 6444 Crime Analyst $ 4,636 $ 4,752 $ 4,868 $ 4,990 $ 5,111 $ 5,239 $ 5,367 $ 5,501 $ 5,635 6463 Customer Service Manager $ 6,431 $ 6,592 $ 6,753 $ 6,922 $ 7,091 $ 7,269 $ 7,446 $ 7,632 $ 7,819 6515 Development Liaison $ 6,848 $ 7,019 $ 7,190 $ 7,370 $ 7,550 $ 7,739 $ 7,927 $ 8,125 $ 8,323 6420 Electrical/Instrumentation Supervisor $ 8,044 $ 8,245 $ 8,446 $ 8,657 $ 8,868 $ 9,090 $ 9,311 $ 9,544 $ 9,776 6520 Engineer - Associate Civil $ 8,010 $ 8,210 $ 8,410 $ 8,621 $ 8,831 $ 9,052 $ 9,273 $ 9,505 $ 9,737 6425 Environmental Compliance Coordinator $ 6,833 $ 7,004 $ 7,175 $ 7,355 $ 7,534 $ 7,723 $ 7,911 $ 8,109 $ 8,306 6442 Facilities Maintenance Supervisor $ 5,934 $ 6,083 $ 6,231 $ 6,387 $ 6,543 $ 6,707 $ 6,870 $ 7,042 $ 7,214 6450 Fleet Maintenance Supervisor $ 5,963 $ 6,112 $ 6,261 $ 6,418 $ 6,574 $ 6,739 $ 6,903 $ 7,075 $ 7,248 6464 Information Technology Analyst $ 7,044 $ 7,220 $ 7,396 $ 7,581 $ 7,766 $ 7,960 $ 8,154 $ 8,358 $ 8,561 6542 Senior Information Technology Analyst $ 7,748 $ 7,942 $ 8,135 $ 8,339 $ 8,542 $ 8,756 $ 8,969 $ 9,193 $ 9,417 Laboratory Supervisor $ 6,957 $ 7,131 $ 7,305 $ 7,488 $ 7,670 $ 7,862 $ 8,053 $ 8,254 $ 8,455 6440 Maintenance Supervisor-Streets $ 5,934 $ 6,083 $ 6,231 $ 6,387 $ 6,543 $ 6,707 $ 6,870 $ 7,042 $ 7,214 6443 Parks Maintenance Supervisor $ 5,934 $ 6,083 $ 6,231 $ 6,387 $ 6,543 $ 6,707 $ 6,870 $ 7,042 $ 7,214 6461 Planner-Associate $ 6,522 $ 6,685 $ 6,848 $ 7,019 $ 7,190 $ 7,370 $ 7,550 $ 7,739 $ 7,927 6465 Plant Maintenance Supervisor $ 8,368 $ 8,577 $ 8,786 $ 9,006 $ 9,225 $ 9,456 $ 9,686 $ 9,928 $ 10,171 6430 Recreation Supervisor I $ 5,708 $ 5,851 $ 5,993 $ 6,143 $ 6,293 $ 6,451 $ 6,608 $ 6,773 $ 6,938 6445 Recreation Supervisor II $ 6,279 $ 6,436 $ 6,593 $ 6,758 $ 6,923 $ 7,096 $ 7,269 $ 7,451 $ 7,632 6446 Recreation Supervisor III $ 6,907 $ 7,080 $ 7,252 $ 7,434 $ 7,615 $ 7,806 $ 7,996 $ 8,196 $ 8,396 6610 Wastewater Collections Supervisor $ 6,715 $ 6,883 $ 7,051 $ 7,228 $ 7,404 $ 7,589 $ 7,774 $ 7,969 $ 8,163 6496 Wastewater Trt Facility Chief Operator $ 8,520 $ 8,733 $ 8,946 $ 9,170 $ 9,393 $ 9,628 $ 9,863 $ 10,109 $ 10,356 6511 Wastewater Trt Facility Supervisor $ 9,371 $ 9,606 $ 9,840 $ 10,086 $ 10,332 $ 10,591 $ 10,849 $ 11,120 $ 11,392 6441 Water Distribution Supervisor $ 7,615 $ 7,806 $ 7,996 $ 8,196 $ 8,396 $ 8,606 $ 8,816 $ 9,037 $ 9,257 6560 Water Treatment Facility Chief Operator $ 8,520 $ 8,733 $ 8,946 $ 9,170 $ 9,393 $ 9,628 $ 9,863 $ 10,109 $ 10,356 6510 Water Treatment Facility Supervisor $ 9,371 $ 9,606 $ 9,840 $ 10,086 $ 10,332 $ 10,591 $ 10,849 $ 11,120 $ 11,392

ATTACHMENT 4

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 345
6069 ACCOUNTANT II FLM 6,300 6,615 6,946 7,293 7,658 Monthly

36.35 38.16 40.07 42.08 44.18 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 6,649 6,981 7,330 7,697 8,082 Monthly

38.36 40.28 42.29 44.41 46.63 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 4,967 5,215 5,476 5,750 6,038 Monthly

28.66 30.09 31.59 33.17 34.83 Hourly
6035 COMMUNICATIONS CENTER COORDINATOR FLM 6,285 6,599 6,929 7,275 7,638 Monthly

36.26 38.07 39.98 41.97 44.07 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 6,609 6,939 7,286 7,650 8,033 Monthly

38.13 40.03 42.03 44.13 46.34 Hourly
6044 CRIME ANALYST FLM 4,636 4,868 5,111 5,367 5,635 Monthly

26.75 28.08 29.49 30.96 32.51 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 6,431 6,753 7,091 7,446 7,819 Monthly

37.10 38.96 40.91 42.96 45.11 Hourly
6215 DEVELOPMENT LIAISON FLM 6,848 7,190 7,550 7,927 8,323 Monthly

41.48 39.51 43.56 45.73 48.02 Hourly
6220 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,044 8,446 8,868 9,311 9,776 Monthly

46.41 48.73 51.16 53.72 56.40 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 8,010 8,410 8,831 9,273 9,737 Monthly

46.21 48.52 50.95 53.50 56.18 Hourly
6225 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,833 7,175 7,534 7,911 8,306 Monthly

41.39 39.42 43.47 45.64 47.92 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 5,934 6,231 6,543 6,870 7,214 Monthly

34.23 35.95 37.75 39.63 41.62 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 5,963 6,261 6,574 6,903 7,248 Monthly

34.40 36.12 37.93 39.83 41.82 Hourly
6064 INFORMATION TECHNOLOGY ANALYST FLM 7,044 7,396 7,766 8,154 8,561 Monthly

40.64 42.67 44.80 47.04 49.39 Hourly
6142 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,748 8,135 8,542 8,969 9,417 Monthly

44.70 46.93 49.28 51.74 54.33 Hourly
First Level Management - Page 1

SALARY STEPS

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 345
6085 LABORATORY SUPERVISOR FLM 6,957 7,305 7,670 8,053 8,455 Monthly

40.14 42.14 44.25 46.46 48.78 Hourly
6040 MAINTENANCE SUPERVISOR-STREETS FLM 5,934 6,231 6,543 6,870 7,214 Monthly

34.23 35.95 37.75 39.63 41.62 Hourly
6043 PARKS MAINTENANCE SUPERVISOR FLM 5,934 6,231 6,543 6,870 7,214 Monthly

34.23 35.95 37.75 39.63 41.62 Hourly
6061 PLANNER-ASSOCIATE FLM 6,522 6,848 7,190 7,550 7,927 Monthly

37.63 39.51 41.48 43.56 45.73 Hourly
6065 PLANT MAINTENANCE SUPERVISOR FLM 8,368 8,786 9,225 9,686 10,171 Monthly

48.28 50.69 53.22 55.88 58.68 Hourly
6030* RECREATION SUPERVISOR I FLM 5,708 5,993 6,293 6,608 6,938 Monthly

32.93 34.58 36.31 38.12 40.03 Hourly
6045* RECREATION SUPERVISOR II FLM 6,279 6,593 6,923 7,269 7,632 Monthly

36.23 38.04 39.94 41.94 44.03 Hourly
6046* RECREATION SUPERVISOR III FLM 6,907 7,252 7,615 7,996 8,396 Monthly

41.84 39.85 43.93 46.13 48.44 Hourly
6210 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,715 7,051 7,404 7,774 8,163 Monthly

40.68 38.74 42.72 44.85 47.09 Hourly
6096 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,520 8,946 9,393 9,863 10,356 Monthly

49.15 51.61 54.19 56.90 59.75 Hourly
6111 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,371 9,840 10,332 10,849 11,392 Monthly

54.06 56.77 59.61 62.59 65.72 Hourly
6041 WATER DISTRIBUTION SUPERVISOR FLM 7,615 7,996 8,396 8,816 9,257 Monthly

46.13 43.93 48.44 50.86 53.41 Hourly
6160 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,520 8,946 9,393 9,863 10,356 Monthly

49.15 51.61 54.19 56.90 59.75 Hourly
6110 WATER TREATMENT FACILITY SUPERVISOR FLM 9,371 9,840 10,332 10,849 11,392 Monthly

54.06 56.77 59.61 62.59 65.72 Hourly
First Level Management - Page 2

SALARY STEPS

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 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 JULY 2, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 3456789
6469 ACCOUNTANT II FLM 6,300 6,458 6,615 6,781 6,946 7,120 7,293 7,476 7,658 Monthly

37.26 36.35 38.16 39.12 40.07 41.08 42.08 43.13 44.18 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 6,649 6,815 6,981 7,156 7,330 7,514 7,697 7,889 8,082 Monthly

39.32 38.36 40.28 41.28 42.29 43.35 44.41 45.51 46.63 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 4,967 5,091 5,215 5,346 5,476 5,613 5,750 5,894 6,038 Monthly

29.37 28.66 30.09 30.84 31.59 32.38 33.17 34.00 34.83 Hourly 6435 COMMUNICATIONS CENTER COORDINATOR FLM 6,285 6,442 6,599 6,764 6,929 7,102 7,275 7,457 7,638 Monthly

37.17 36.26 38.07 39.02 39.98 40.97 41.97 43.02 44.07 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 6,609 6,774 6,939 7,113 7,286 7,468 7,650 7,841 8,033 Monthly

39.08 38.13 40.03 41.04 42.03 43.08 44.13 45.24 46.34 Hourly 6444 CRIME ANALYST FLM 4,636 4,752 4,868 4,990 5,111 5,239 5,367 5,501 5,635 Monthly

27.42 26.75 28.08 28.79 29.49 30.23 30.96 31.74 32.51 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 6,431 6,592 6,753 6,922 7,091 7,269 7,446 7,632 7,819 Monthly

38.03 37.10 38.96 39.93 40.91 41.94 42.96 44.03 45.11 Hourly 6515 DEVELOPMENT LIAISON FLM 6,848 7,019 7,190 7,370 7,550 7,739 7,927 8,125 8,323 Monthly

40.49 39.51 41.48 42.52 43.56 44.65 45.73 46.88 48.02 Hourly 6420 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,044 8,245 8,446 8,657 8,868 9,090 9,311 9,544 9,776 Monthly

46.41 47.57 48.73 49.94 51.16 52.44 53.72 55.06 56.40 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 8,010 8,210 8,410 8,621 8,831 9,052 9,273 9,505 9,737 Monthly

47.37 46.21 48.52 49.74 50.95 52.22 53.50 54.84 56.18 Hourly 6425 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,833 7,004 7,175 7,355 7,534 7,723 7,911 8,109 8,306 Monthly

40.41 39.42 41.39 42.43 43.47 44.56 45.64 46.78 47.92 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 5,934 6,083 6,231 6,387 6,543 6,707 6,870 7,042 7,214 Monthly

35.09 34.23 35.95 36.85 37.75 38.69 39.63 40.63 41.62 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 5,963 6,112 6,261 6,418 6,574 6,739 6,903 7,075 7,248 Monthly

35.26 34.40 36.12 37.03 37.93 38.88 39.83 40.82 41.82 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 7,044 7,220 7,396 7,581 7,766 7,960 8,154 8,358 8,561 Monthly

41.65 40.64 42.67 43.74 44.80 45.92 47.04 48.22 49.39 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 JULY 2, 2022
First Level Management
Bargaining
JCN CLASSIFICATION Group 12 3456789
6542 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,748 7,942 8,135 8,339 8,542 8,756 8,969 9,193 9,417 Monthly

45.82 44.70 46.93 48.11 49.28 50.52 51.74 53.04 54.33 Hourly 6485 LABORATORY SUPERVISOR FLM 6,957 7,131 7,305 7,488 7,670 7,862 8,053 8,254 8,455 Monthly

41.14 40.14 42.14 43.20 44.25 45.36 46.46 47.62 48.78 Hourly 6440 MAINTENANCE SUPERVISOR-STREETS FLM 5,934 6,083 6,231 6,387 6,543 6,707 6,870 7,042 7,214 Monthly

35.09 34.23 35.95 36.85 37.75 38.69 39.63 40.63 41.62 Hourly 6443 PARKS MAINTENANCE SUPERVISOR FLM 5,934 6,083 6,231 6,387 6,543 6,707 6,870 7,042 7,214 Monthly

35.09 34.23 35.95 36.85 37.75 38.69 39.63 40.63 41.62 Hourly 6461 PLANNER-ASSOCIATE FLM 6,522 6,685 6,848 7,019 7,190 7,370 7,550 7,739 7,927 Monthly

38.57 37.63 39.51 40.49 41.48 42.52 43.56 44.65 45.73 Hourly 6465 PLANT MAINTENANCE SUPERVISOR FLM 8,368 8,577 8,786 9,006 9,225 9,456 9,686 9,928 10,171 Monthly

49.48 48.28 50.69 51.96 53.22 54.55 55.88 57.28 58.68 Hourly 6430 RECREATION SUPERVISOR I FLM 5,708 5,851 5,993 6,143 6,293 6,451 6,608 6,773 6,938 Monthly

33.76 32.93 34.58 35.44 36.31 37.22 38.12 39.08 40.03 Hourly 6445 RECREATION SUPERVISOR II FLM 6,279 6,436 6,593 6,758 6,923 7,096 7,269 7,451 7,632 Monthly

37.13 36.23 38.04 38.99 39.94 40.94 41.94 42.99 44.03 Hourly 6446 RECREATION SUPERVISOR III FLM 6,907 7,080 7,252 7,434 7,615 7,806 7,996 8,196 8,396 Monthly

40.85 39.85 41.84 42.89 43.93 45.03 46.13 47.28 48.44 Hourly 6610 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,715 6,883 7,051 7,228 7,404 7,589 7,774 7,969 8,163 Monthly

39.71 38.74 40.68 41.70 42.72 43.78 44.85 45.98 47.09 Hourly 6496 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,520 8,733 8,946 9,170 9,393 9,628 9,863 10,109 10,356 Monthly

50.38 49.15 51.61 52.90 54.19 55.55 56.90 58.32 59.75 Hourly 6511 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,371 9,606 9,840 10,086 10,332 10,591 10,849 11,120 11,392 Monthly

55.42 54.06 56.77 58.19 59.61 61.10 62.59 64.15 65.72 Hourly 6441 WATER DISTRIBUTION SUPERVISOR FLM 7,615 7,806 7,996 8,196 8,396 8,606 8,816 9,037 9,257 Monthly

45.03 43.93 46.13 47.28 48.44 49.65 50.86 52.14 53.41 Hourly 6560 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,520 8,733 8,946 9,170 9,393 9,628 9,863 10,109 10,356 Monthly

50.38 49.15 51.61 52.90 54.19 55.55 56.90 58.32 59.75 Hourly 6510 WATER TREATMENT FACILITY SUPERVISOR FLM 9,371 9,606 9,840 10,086 10,332 10,591 10,849 11,120 11,392 Monthly

55.42 54.06 56.77 58.19 59.61 61.10 62.59 64.15 65.72 Hourly First Level Management (9 Step) - Page 2

SALARY STEPS
EFFECTIVE 11/25/17 - NEW HIRES ONLY

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 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

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Public Employees Union, Local 1 Side Letters
Recommendation: A. Adopt a Resolution approving a side letters 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 $311,100
Fiscal Impact: An increase in cost of $769,800 for FY 22/23.

Purpose:

To approve the Public Employees’ Union, Local 1 (Local 1) side letters for salary increases, equity adjustments, and classification deletions.

Council’s Strategic Goal:

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

Background:

Local 1’s Memorandum of Understanding (MOU) term is July 1, 2022 through June 30, 2023. The MOU includes a wage reopener that agreed to discuss the City’s financial position no later than the end of April 2022. Local 1 and the City negotiations team met to discuss the wage reopener and have come to an agreement on a side letter that addresses salary increases, equity adjustments, as well as classification deletions.

Analysis:

Local 1 has agreed to side letters:

1. Includes a 5% cost of living increase effective the first full pay period in July 2022;

2. Effective July 2, 2022, the below classifications will receive equity adjustments as follows:

Classification Equity Adjustment
Accountant I 16.00%

Account Clerk Intermediate 7.75%
Account Clerk- Senior 2.77%
Administrative Analyst I 29.02%
Administrative Assistant 12.92%
Administrative Clerk I 19.50%
Administrative Clerk II 19.50%
Administrative Clerk Ill 13.96%
Animal Services Officer I 26.25%
Animal Services Officer II 26.25%
Building Inspector I 1.25%
Building Inspector II 1.25%
Building Maintenance Worker I 19.25%
Building Maintenance Worker II 19.25%
Code Enforcement Officer 11.00%
Community Development Technician I 18.75%
Community Development Technician II 18.75%
Construction Inspector 25.00%
Custodian I 25.46%
Custodian II 19.53%
Customer Services Representative I 14.00%
Customer Services Representative II 14.00%
Customer Services Rep - Senior 9.29%
Electrical Technician I 16.27%
Electrical Technician II 11.00%
Electrical Technician Ill 5.95%
Engineer - Assistant 7.75%
Engineering Technician I 24.50%
Engineering Technician II 24.50%
Engineering Technician Ill 24.50%
Field Customer Services Rep I 11.45%
Field Customer Services Rep II 11.92%
Information Systems Technician I 12.00%
Information Systems Technician II 12.00%
Instrumentation Technician I 16.25%
Instrumentation Technician II 11.00%
Instrumentation Technician Ill 4.53%
Kennel Attendant I 32.27%
Kennel Attendant II 30.90%
Laboratory Analyst I 22.67%
Laboratory Analyst II 22.66%
Laboratory Assistant 28.22%
Mechanic 4.82%
Park Maintenance Worker I 22.07%
Park Maintenance Worker II 22.50%
Park Maintenance Worker Ill 16.98%
Planner - Assistant 16.68%
Plans Examiner 29.50%
Plant Maintenance Mechanic 13.39%
Plant Maintenance Mechanic Senior 8.25%

Public Works Maintenance Worker I 22.07%
Public Works Maintenance Worker II 22.50%
Public Works Maintenance Worker Ill 16.59%
Recreation Coordinator 44.75%
Registered Veterinary Tech 34.19%
Utilities Treatment Plant Maintenance Worker I 22.07%
Utilities Treatment Plant Maintenance Worker II 22.50%
Wastewater Collections Maintenance Worker I 34.08%
Wastewater Collections Maintenance Worker II 2.25%
Wastewater Treatment Facility Operator Trainee 24.36%
Wastewater Treatment Facility Operator II 18.75%
Wastewater Treatment Facility Operator Ill 13.37%
Water Distribution Operator I 4.76%
Water Treatment Plant Operator Trainee 30.25%
Water Treatment Plant Operator II 24.36%
Water Treatment Plant Operator Ill 18.75%
Water Treatment Plant Operator IV 13.37%

4. Side letter to delete the Arborist-Senior, Engineering Technician GIS, Kennel Care Technician - Lead, Public Works Maintenance Worker - Senior, Sweeper Operator, Parks Maintenance Worker I(a), Account Clerk, Accounting Technician, Administrative Technician, Facility Aide, Housing Programs Analyst I, and Laboratory Receptionist classifications from the unit represented by Union on Appendix A to the MOU; and to update the title of the Engineer-Assistant Civil classification to Engineer-Assistant.

5. Side letter for employees who are employed in the classification Park Maintenance Worker 1(a) will be moved to the Park Maintenance Worker I classification. An employee in the Park Maintenance Worker I classification may not advance past Step 1 unless the employee has both passed probation and obtained a California Class B Driver's license.

Attachments:

1. Summary - Local 1 7-5-2022

2. 7-5-22 Local 1 Side Letter Resolution - v2

3. 7-5-2022 Salary Increases Equity Increase Side Letter

4. 2022 Classification List side letter

5. 2022 Park Maintenance Worker I a side letter

6. 07-02-2022 Salary Schedule - Local 1 (revised 7.1.22) Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

On-going One-time Total
FY 2022-23
Salary increase - 5.0% COLA $ 769,800 769,800
Select equity adjustments per the MOU to market
Total Cost $ 769,800 $ - $ 769,800
General Fund $ 311,100 $ 311,100
Water $ 153,500 $ 153,500
Wastewater $ 240,500 $ 240,500
SASA $ 56,500 $ 56,500
VMF $ 8,200 $ 8,200
City of Yuba City
Local 1 - July 5, 2022 Staff Report

ATTACHMENT 2

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE PUBLIC EMPLOYEES’ UNION LOCAL 1 SIDE LETTERS AMENDING THE COMPENSATION AND OTHER TERMS AND CONDITIONS FOR THE LOCAL 1 UNIT EMPLOYEES WHEREAS, the City recognizes the Public Employees’ Union, Local 1 (Local 1) commitment to the City and its citizens while providing outstanding and dedicated service to all; WHEREAS, the Local 1 Memorandum of Understanding has a wage reopener article; WHEREAS, in response to the wage reopener, City staff and Local 1 have negotiated a Side Letters for a cost of living increase, equity adjustments and classification deletions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

Local 1 has agreed to side letters amending the current MOU as follows:

1. Includes a 5% cost of living increase effective the first full pay period in July 2022;

2. Effective July 2, 2022, the below classifications will receive equity adjustments as follows:

Classification Equity Adjustment
Accountant I

16.00%
Account Clerk Intermediate 7.75%
Account Clerk- Senior 2.77%
Administrative Analyst I

29.02%

Administrative Assistant 12.92%
Administrative Clerk I 19.50%
Administrative Clerk II 19.50%
Administrative Clerk Ill 13.96%
Animal Services Officer I 26.25%
Animal Services Officer II 26.25%
Building Inspector I 1.25%
Building Inspector II 1.25%
Building Maintenance Worker I 19.25%
Building Maintenance Worker II 19.25%
Code Enforcement Officer 11.00%
Community Development Technician I 18.75%
Community Development Technician II 18.75%
Construction Inspector 25.00%
Custodian I 25.46%
Custodian II 19.53%
Customer Services Representative I 14.00%
Customer Services Representative II 14.00%
Customer Services Rep -Senior 9.29%
Electrical Technician I 16.27%
Electrical Technician II 11.00%
Electrical Technician Ill 5.95%
Engineer -Assistant 7.75%
Engineering Technician I 24.50%
Engineering Technician II 24.50%
Engineering Technician Ill 24.50%
Field Customer Services Rep I 11.45%
Field Customer Services Rep II 11.92%
Information Systems Technician I 12.00%
Information Systems Technician II 12.00%
Instrumentation Technician I 16.25%
Instrumentation Technician II 11.00%
Instrumentation Technician Ill 4.53%
Kennel Attendant I 32.27%
Kennel Attendant II 30.90%
Laboratory Analyst I 22.67%
Laboratory Analyst II 22.66%
Laboratory Assistant 28.22%
Mechanic 4.82%
Park Maintenance Worker I 22.07%
Park Maintenance Worker II 22.50%
Park Maintenance Worker Ill 16.98%
Planner -Assistant 16.68%
Plans Examiner 29.50%
Plant Maintenance Mechanic 13.39%
Plant Maintenance Mechanic Senior 8.25%

Public Works Maintenance Worker I 22.07%
Public Works Maintenance Worker II 22.50%
Public Works Maintenance Worker Ill 16.59%
Recreation Coordinator 44.75%
Registered Veterinary Tech 34.19%
Utilities Treatment Plant Maintenance Worker I 22.07%
Utilities Treatment Plant Maintenance Worker II 22.50%
Wastewater Collections Maintenance Worker I 34.08%
Wastewater Collections Maintenance Worker II 2.25%
Wastewater Treatment Facility Operator Trainee 24.36%
Wastewater Treatment Facility Operator II 18.75%
Wastewater Treatment Facility Operator Ill 13.37%
Water Distribution Operator I 4.76%
Water Treatment Plant Operator Trainee 30.25%
Water Treatment Plant Operator II 24.36%
Water Treatment Plant Operator Ill 18.75%
Water Treatment Plant Operator IV 13.37%

4. Side letter to delete the Arborist-Senior, Engineering Technician GIS, Kennel Care Technician - Lead, Public Works Maintenance Worker - Senior, Sweeper Operator, Parks Maintenance Worker I(a), Account Clerk, Accounting Technician, Administrative Technician, Facility Aide, Housing Programs Analyst I, and Laboratory Receptionist classifications from the unit represented by Union on Appendix A to the MOU; and to update the title of the Engineer-Assistant Civil classification to Engineer-Assistant.

5. Side letter for employees who are employed in the classification Park Maintenance Worker 1(a) will be moved to the Park Maintenance Worker I classification. An employee in the Park Maintenance Worker I classification may not advance past Step 1 unless the employee has both passed probation and obtained a California Class B Driver's license.

In addition, staff is authorized to make any necessary clarifying language changes as long as the changes do not modify the Side Letter’s substantive terms or past practice.

The Director of Finance is hereby authorized to make the necessary budget adjustments to implement the provisions of this resolution.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 5th day of July 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor

ATTEST:
_______________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 3

ATTACHMENT 4

ATTACHMENT 5

ATTACHMENT 6

 

  



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Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Mid Managers Memorandum of Understanding (MOU) Recommendation: A. Approving a three year Memorandum of Understanding with the Mid Managers group
B. Approving unrepresented Confidentials’ salary increases C. Authorizing the Finance Director to amend the salary schedule D. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
E. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $428,200
Fiscal Impact: The proposed changes will result in a net increase in cost of $493,300 for FY22/23.

Purpose:

To approve the Mid Managers (MM) three year Memorandum of Understanding (MOU) Council's Strategic Goal:

This MM MOU addresses the City Council's Strategic Goal of being business friendly and infrastructure.

Background:

The Mid Managers’ (MM) current MOU expires June 30, 2022. This two-year MOU included a 3.5% salary increase for all represented classifications. All represented MM employees also received a $4,000 signing bonus in the first full pay period in FY 21/22.

Historically, the benefits and terms of employment for the City’s unrepresented Confidential group have been aligned with the Mid-Manager’s Letter of Understanding. The Confidential employees also received the 3.5% increase and signing bonus provided to the Mid Management employees.

Analysis:

The Mid Managers have agreed to a proposed three-year Memorandum of Understanding effective July 1, 2022 through June 30, 2025 that, among other terms and MOU edits, includes the following material terms:

1. Effective July 2, 2022, all classification will receive a cost of living increase of five percent (5%) salary increase;

2. Effective July 2, 2022 the below classifications will receive equity adjustments as follows:

Classification Increase
Accounting Manager 05.50%
Administrative Analyst II 11.21%
Administrative Manager 03.00%
Animal Services Manager 13.75%
Chief Building Official 21.00%
City Clerk Administrator 39.00%
Deputy Director of Development Services 05.00%
Deputy Public Works Director – Engineering 05.00%
Deputy Public Works Director – Maintenance 07.53%
Deputy Public Works Director – Utilities 01.40%
Environmental Compliance Manager 10.05%
Information Technology Manager 03.00%
Parks and Grounds Superintendent 13.75%
Planning Manager 07.85%
Recreation Manager 13.98%
These equity adjustments are cumulative and not compounded with the cost of living adjustments above.

3. The top step for the Division Fire Chief is benchmarked at 15% above the top step of the Battalion Chief. The top step for the Engineer – Senior is benchmarked at 15% above the top step of the Civil Engineer – Associate. The top step for the Parks Maintenance Manager is benchmarked at 15% above the top step of the Parks Maintenance Supervisor.

4. Wage reopener to discuss the City’s financial position no later than the end of May in 2023 and 2024 on the issue of wage, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in July 2023 and 2024. If parties cannot agree on a wage increase during a reopener, there shall be no salary adjustment for that year.

The same methodology that was used for Mid Managers’ cost of living increases and equity increases was applied to the unrepresented Confidentials. Staff is proposing that Confidential employees will receive a cost of living increase of 5% and equity increases as follows:

Classification Increase
Administrative Analyst I 29.09%
Administrative Analyst II 25.51%
Executive Assistant to the City Manager 21.71%
Human Resources Technician I 11.00%
Human Resources Technician II 11.00%
Management Analyst 25.51%
The complete MM Memorandum of Understanding including all new terms and language is attached to the proposed resolution accompanying this staff report.

Attachments:

1. Summary - MM 7-5-2022

2. Summary - Conf 7-5-2022

3. 7-5-22 MM Resolution v2

4. 7-1-22 MM MOU Signed

5. Salary Schedule - MM 7-2-2022

6. Salary Schedule - CONF - 7-2-2022
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

On-going One-time Total
FY 2022-23
Salary increase - 5.0% COLA $ 356,800 356,800
Plus equity adjustments per the MOU to market & benchmarking Total Cost $ 356,800 $ - $ 356,800
General Fund $ 291,700 $ 291,700
Water $ 12,000 $ 12,000
Wastewater $ 31,800 $ 31,800
SASA $ 21,300 $ 21,300
VMF $ - $ -
City of Yuba City
Mid Managers - July 5, 2022 Staff Report

ATTACHMENT 2

On-going One-time Total
FY 2022-23
Salary increase - 5.0% COLA $ 136,500 136,500
Plus equity adjustments per the MOU to market & benchmarking Total Cost $ 136,500 $ - $ 136,500
General Fund $ 136,500 $ 136,500
Water $ - $ -
Wastewater $ - $ -
SASA $ - $ -
VMF $ - $ -
City of Yuba City
Confidential Unit - July 5, 2022 Staff Report

ATTACHMENT 3

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE MID MANAGERS MEMORANDUM OF UNDERSTANDING

AND RELATED INCREASES FOR UNREPRESENTED CONFIDENTIAL

EMPLOYEES
JULY 1, 2022 – JUNE 30, 2025
WHEREAS, the City recognizes the Mid Managers commitment to the City and its citizens while providing outstanding and dedicated service to all;
WHEREAS, the City and Mid Managers have negotiated the Memorandum of Understanding (MOU);
WHEREAS, City staff and Mid Managers have negotiated for a cost of living increase, equity adjustments, benchmarking, and wage reopener;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

Approve the attached Mid Manager MOU, which includes the following new compensation terms:

1. Effective July 2, 2022, all classification will receive a cost of living increase of five percent (5%) salary increase;

2. Effective July 2, 2022 the below classifications will receive equity adjustments as follows:

Classification Increase
Accounting Manager 05.50%
Administrative Analyst II 11.21%
Administrative Manager 03.00%
Animal Services Manager 13.75%
Chief Building Official 21.00%
City Clerk Administrator 39.00%
Deputy Director of Development Services 05.00%
Deputy Public Works Director – Engineering 05.00%
Deputy Public Works Director – Maintenance 07.53%
Deputy Public Works Director – Utilities 01.40%
Environmental Compliance Manager 10.05%
Information Technology Manager 03.00%
Parks and Grounds Superintendent 13.75%
Planning Manager 07.85%
Recreation Manager 13.98%
These equity adjustments are cumulative and not compounded with the cost of living adjustments above.

3. The top step for the Division Fire Chief is benchmarked at 15% above the top step of the Battalion Chief. The top step for the Engineer – Senior is benchmarked at 15% above the top step of the Civil Engineer – Associate. The top step for the Parks Maintenance Manager is benchmarked at 15% above the top step of the Parks Maintenance Supervisor.

4. Wage reopener that agrees to reopen to discuss the City’s financial position no later than the end of May in 2023 and 2024 on the issue of wage, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in July 2023 and 2024. If parties cannot agree on a wage increase during a reopener, there shall be no salary adjustment for that year.

The same methodology that was used for Mid Managers’ cost of living increases and equity increases was applied to the unrepresented Confidentials. They will receive a cost of living increase of 5% and equity increases as follows:

Classification Increase
Administrative Analyst I 29.09%
Administrative Analyst II 25.51%
Executive Assistant to the City Manager 21.71%
Human Resources Technician I 11.00%
Human Resources Technician II 11.00%
Management Analyst 25.51%
In addition, staff is authorized to make any necessary clarifying language changes as long as the changes do not modify the MOU’s substantive terms or past practice.

The Director of Finance is hereby authorized to make the necessary budget adjustments to implement the provisions of this resolution.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 5th day of July 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:
_______________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

ATTACHMENT 4

Appendix A – Represented Classifications
The Mid-Managers Unit represents the following classifications:

Accounting Manager
Administrative Analyst III
Administrative Manager
Animal Services Manager
Assistant Chief – Fire
Assistant Chief – Fire Operations
Assistant Chief – Fire Administration
Assist Public Works Director
Assistant P.W. Director – Utilities
Chief Building Official
City Clerk Administrator
Deputy Director of Development Services
Deputy Public Works Director – Engineering
Deputy Public Works Director – Maintenance
Deputy Public Works Director – Utilities
Division Fire Chief
Engineer – Senior
Engineer – Senior – City Surveyor
Information Technology Manager
Park Maintenance Manager
Parks and Grounds Superintendent
Planner – Principal
Planning Manager
Project Manager
Public Works Superintendent
Regulatory Compliance Administrator
Utilities Superintendent

ATTACHMENT 5

6/26/20224:15 PM
Mid Managers - EMPLOYEES HIRED PRIOR TO APRIL 28, 2018
CLASSIFICATION Group 1 2 3456
7165* ACCOUNTING MANAGER MM 9,893 10,388 10,907 11,452 12,025 Monthly

57.08 59.93 62.93 66.07 69.38 Hourly
7070* ADMINISTRATIVE ANALYST III MM 7,647 8,029 8,430 8,852 9,294 Monthly

44.12 46.32 48.63 51.07 53.62 Hourly
7010* ADMINISTRATIVE MANAGER MM 8,655 9,088 9,542 10,019 10,520 Monthly

49.93 52.43 55.05 57.80 60.69 Hourly
7125* ANIMAL SERVICES MANAGER MM 8,472 8,896 9,341 9,808 10,298 Monthly

48.88 51.32 53.89 56.58 59.41 Hourly
7112* CHIEF BUILDING OFFICIAL MM 9,711 10,197 10,707 11,242 11,804 Monthly

56.03 58.83 61.77 64.86 68.10 Hourly
7418* CITY CLERK ADMINISTRATOR MM 9,295 9,760 10,248 10,760 11,298 Monthly

53.63 56.31 59.12 62.08 65.18 Hourly
7185 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,131 11,688 12,272 12,886 13,530 Monthly

64.22 67.43 70.80 74.34 78.06 Hourly
7175* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,131 11,688 12,272 12,886 13,530 Monthly

64.22 67.43 70.80 74.34 78.06 Hourly
7195* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,249 9,711 10,197 10,707 11,242 Monthly

53.36 56.03 58.83 61.77 64.86 Hourly
7160* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,841 10,333 10,850 11,392 11,962 Monthly

56.78 59.61 62.60 65.72 69.01 Hourly
7110* DIVISION FIRE CHIEF MM 11,350 11,918 12,514 13,140 13,797 Monthly

65.48 68.76 72.20 75.81 79.60 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

SALARY STEPS

9. 07-02-2022 Salary Schedule - L1, FLM, MM

6/26/20224:15 PM
7120* ENGINEER - SENIOR MM 9,211 9,672 10,156 10,664 11,198 Monthly

53.14 55.80 58.59 61.52 64.60 Hourly
7200* ENVIRONMENTAL COMPLIANCE MANAGER MM 8,946 9,393 9,863 10,356 10,874 Monthly

51.61 54.19 56.90 59.75 62.74 Hourly
7105* INFORMATION TECHNOLOGY MANAGER MM 9,669 10,152 10,660 11,193 11,753 Monthly

55.78 58.57 61.50 64.58 67.81 Hourly
7043* PARK MAINTENANCE MANAGER MM 6,826 7,167 7,525 7,901 8,296 Monthly

39.38 41.35 43.41 45.58 47.86 Hourly
7044* PARKS AND GROUNDS SUPERINTENDENT MM 8,472 8,896 9,341 9,808 10,298 Monthly

48.88 51.32 53.89 56.58 59.41 Hourly
7060* PLANNING MANAGER MM 9,276 9,740 10,227 10,738 11,275 Monthly

53.52 56.19 59.00 61.95 65.05 Hourly
7085* PROJECT MANAGER MM 7,763 8,151 8,559 8,987 9,436 Monthly

44.79 47.03 49.38 51.85 54.44 Hourly
7046* RECREATION MANAGER MM 7,943 8,340 8,757 9,195 9,654 Monthly

45.83 48.12 50.52 53.05 55.70 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).

EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

9. 07-02-2022 Salary Schedule - L1, FLM, MM

6/26/20224:15 PM
Mid Managers - EMPLOYEES HIRED ON OR AFTER APRIL 28, 2018 CLASSIFICATION Group 1 2 3 4 5 6 7 8 9 10 11
7565* ACCOUNTING MANAGER MM 9,893 10,141 10,388 10,648 10,907 11,180 11,452 11,739 12,025 Monthly

57.08 58.51 59.93 61.43 62.93 64.50 66.07 67.73 69.38 Hourly 7470* ADMINISTRATIVE ANALYST III MM 7,647 7,838 8,029 8,230 8,430 8,641 8,852 9,073 9,294 Monthly

44.12 45.22 46.32 47.48 48.63 49.85 51.07 52.34 53.62 Hourly 7410* ADMINISTRATIVE MANAGER MM 8,655 8,872 9,088 9,315 9,542 9,781 10,019 10,270 10,520 Monthly

49.93 51.18 52.43 53.74 55.05 56.43 57.80 59.25 60.69 Hourly 7525* ANIMAL SERVICES MANAGER MM 8,472 8,684 8,896 9,119 9,341 9,575 9,808 10,053 10,298 Monthly

48.88 50.10 51.32 52.61 53.89 55.24 56.58 58.00 59.41 Hourly 7512* CHIEF BUILDING OFFICIAL MM 9,711 9,954 10,197 10,452 10,707 10,975 11,242 11,523 11,804 Monthly

56.03 57.43 58.83 60.30 61.77 63.32 64.86 66.48 68.10 Hourly 7419* CITY CLERK ADMINISTRATOR MM 9,295 9,528 9,760 10,004 10,248 10,504 10,760 11,029 11,298 Monthly

53.63 54.97 56.31 57.72 59.12 60.60 62.08 63.63 65.18 Hourly 7585 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,131 11,410 11,688 11,980 12,272 12,579 12,886 13,208 13,530 Monthly

64.22 65.83 67.43 69.12 70.80 72.57 74.34 76.20 78.06 Hourly 7575* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,131 11,410 11,688 11,980 12,272 12,579 12,886 13,208 13,530 Monthly

64.22 65.83 67.43 69.12 70.80 72.57 74.34 76.20 78.06 Hourly 7595* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,249 9,480 9,711 9,954 10,197 10,452 10,707 10,975 11,242 Monthly

53.36 54.69 56.03 57.43 58.83 60.30 61.77 63.32 64.86 Hourly 7560* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,841 10,087 10,333 10,592 10,850 11,121 11,392 11,677 11,962 Monthly

56.78 58.19 59.61 61.11 62.60 64.16 65.72 67.37 69.01 Hourly 7510* DIVISION FIRE CHIEF MM 11,350 11,634 11,918 12,216 12,514 12,827 13,140 13,468 13,797 Monthly

65.48 67.12 68.76 70.48 72.20 74.00 75.81 77.70 79.60 Hourly 7520* ENGINEER - SENIOR MM 9,211 9,442 9,672 9,914 10,156 10,410 10,664 10,931 11,198 Monthly

53.14 54.47 55.80 57.20 58.59 60.06 61.52 63.06 64.60 Hourly 7600* ENVIRONMENTAL COMPLIANCE MANAGER MM 8,946 9,170 9,393 9,628 9,863 10,110 10,356 10,615 10,874 Monthly

51.61 52.90 54.19 55.55 56.90 58.33 59.75 61.24 62.74 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

SALARY STEPS

9. 07-02-2022 Salary Schedule - L1, FLM, MM

6/26/20224:15 PM
7505* INFORMATION TECHNOLOGY MANAGER MM 9,669 9,911 10,152 10,406 10,660 10,927 11,193 11,473 11,753 Monthly

55.78 57.18 58.57 60.03 61.50 63.04 64.58 66.19 67.81 Hourly 7443* PARK MAINTENANCE MANAGER MM 6,826 6,997 7,167 7,346 7,525 7,713 7,901 8,099 8,296 Monthly

39.38 40.37 41.35 42.38 43.41 44.50 45.58 46.73 47.86 Hourly 7444* PARKS AND GROUNDS SUPERINTENDENT MM 8,472 8,684 8,896 9,119 9,341 9,575 9,808 10,053 10,298 Monthly

48.88 50.10 51.32 52.61 53.89 55.24 56.58 58.00 59.41 Hourly 7460* PLANNING MANAGER MM 9,276 9,508 9,740 9,984 10,227 10,483 10,738 11,007 11,275 Monthly

53.52 54.85 56.19 57.60 59.00 60.48 61.95 63.50 65.05 Hourly 7485* PROJECT MANAGER MM 7,763 7,957 8,151 8,355 8,559 8,773 8,987 9,212 9,436 Monthly

44.79 45.91 47.03 48.20 49.38 50.61 51.85 53.15 54.44 Hourly 7446* RECREATION MANAGER MM 7,943 8,142 8,340 8,549 8,757 8,976 9,195 9,425 9,654 Monthly

45.83 46.97 48.12 49.32 50.52 51.78 53.05 54.38 55.70 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).EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

9. 07-02-2022 Salary Schedule - L1, FLM, MM

ATTACHMENT 6

6/26/20224:10 PM
Confidential - EMPLOYEES HIRED PRIOR TO APRIL 28, 2018
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
1050 ADMINISTRATIVE ANALYST I CON 6,256 6,569 6,897 7,242 7,604 Monthly

36.09 37.90 39.79 41.78 43.87 Hourly
1052 ADMINISTRATIVE ANALYST II CON 6,883 7,227 7,588 7,967 8,365 Monthly

39.71 41.69 43.78 45.96 48.26 Hourly
1045 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 5,305 5,570 5,848 6,140 6,447 Monthly

30.61 32.13 33.74 35.42 37.19 Hourly
1018 HUMAN RESOURCES TECHNICIAN I CON 4,177 4,386 4,605 4,835 5,076 Monthly

24.10 25.30 26.57 27.89 29.29 Hourly
1020 HUMAN RESOURCES TECHNICIAN II CON 4,594 4,824 5,065 5,318 5,584 Monthly

26.50 27.83 29.22 30.68 32.22 Hourly
1062 MANAGEMENT ANALYST CON 7,570 7,949 8,346 8,763 9,201 Monthly

43.67 45.86 48.15 50.56 53.08 Hourly
CONFIDENTIAL EMPLOYEES WHO ARE CERTIFIED AS BILINGUAL WILL RECEIVE A BILINGUAL PAY INCENTIVE OF $100 PER MONTH EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

SALARY STEPS

9. 07-02-2022 Salary Schedule - L1, FLM, MM

6/26/20224:10 PM
Confidential - EMPLOYEES HIRED ON OR AFTER APRIL 28, 2018 Bargaining
JCN CLASSIFICATION Group 1 2 3456789
1250 ADMINISTRATIVE ANALYST I CON 6,256 6,413 6,569 6,733 6,897 7,070 7,242 7,423 7,604 Monthly

36.09 37.00 37.90 38.84 39.79 40.79 41.78 42.83 43.87 Hourly 1252 ADMINISTRATIVE ANALYST II CON 6,883 7,055 7,227 7,408 7,588 7,778 7,967 8,166 8,365 Monthly

39.71 40.70 41.69 42.74 43.78 44.87 45.96 47.11 48.26 Hourly 1245 EXECUTIVE ASSISTANT TO THE CITY MANAGER CON 5,305 5,438 5,570 5,709 5,848 5,994 6,140 6,293 6,447 Monthly

30.61 31.37 32.13 32.94 33.74 34.58 35.42 36.31 37.19 Hourly 1218 HUMAN RESOURCES TECHNICIAN I CON 4,177 4,282 4,386 4,496 4,605 4,720 4,835 4,956 5,076 Monthly

24.10 24.70 25.30 25.94 26.57 27.23 27.89 28.59 29.29 Hourly 1220 HUMAN RESOURCES TECHNICIAN II CON 4,594 4,709 4,824 4,945 5,065 5,192 5,318 5,451 5,584 Monthly

26.50 27.17 27.83 28.53 29.22 29.95 30.68 31.45 32.22 Hourly 1262 MANAGEMENT ANALYST CON 7,570 7,760 7,949 8,148 8,346 8,555 8,763 8,982 9,201 Monthly

43.67 44.77 45.86 47.01 48.15 49.36 50.56 51.82 53.08 Hourly CONFIDENTIAL EMPLOYEES WHO ARE CERTIFIED AS BILINGUAL WILL RECEIVE A BILINGUAL PAY INCENTIVE OF $100 PER MONTH EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

SALARY STEPS

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 2, 2022

9. 07-02-2022 Salary Schedule - L1, FLM, MM

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Residential Street Light Maintenance District Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
Fiscal Impact: Receipt of assessments and expenditures of funds associated with lighting maintenance districts throughout the City.

Purpose:

To initiate proceedings for the continuation of the levy of Assessments for Fiscal Year 2022-23 within the Residential Street Light Maintenance Districts, pursuant to the provisions of the Benefit Assessment Act of 1982 and Article XIIID of the California Constitution.

Background:

The City annually levies and collects special assessments in order to maintain and service streetlights in the Walton Avenue Area and Tierra Buena Area. The Districts were formed while the areas were under the County’s jurisdiction, and the City took over the administration of the Districts when they were annexed into the City. Prior to 2009, the Districts were historically charged the maximum levy which allowed the reserves to build up.

Analysis:

The proposed action of ordering the Engineer of Work to file a report for the Districts is the first step in the annual levy process. This step allows staff to review expenses and revenues for the Districts, determine how to best levy the Districts such that revenues meet or exceed expenditures, and appropriate reserve balances are maintained, and ultimately file a report which will be reviewed and approved by City Council. Once the report is approved by Council, a Public Hearing will be held for the Districts’ annual levy.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to

prepare and file the reports. The proposed assessments for Fiscal Year 2022-23 will be available for review, and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

1. Do not order the Engineer of Work to file a report for the Districts. This will result in delays to the annual levy process, ultimately causing the City to file with the County Auditor after the legal deadline.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982.

Attachments:

1. Attachment 1 - Resolution RSLM Initiation
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

ORDERING THE ENGINEER OF WORK TO FILE A REPORT FOR THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2022-23 FOR THE YUBA CITY RESIDENTIAL STREET

LIGHT MAINTENANCE DISTRICT (WALTON AREA) AND YUBA CITY RESIDENTIAL

STREET LIGHT MAINTENANCE DISTRICT (TIERRA BUENA AREA)
WHEREAS, the City Council of the City of Yuba City previously formed Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“Districts”), pursuant to the provisions of the Benefit Assessment Act of 1982, California Government Code Division 2, Chapter 6.6, Section 54703 et seq. (hereafter referred to as the “Act”); and
WHEREAS, a Report (hereafter referred to as the “Formation Report”) was prepared, filed and approved by the City Council in connection with each of the Districts and the levy of said assessments, pursuant to Section 54716 of said Act; and WHEREAS, the City Council conducted property owner protest proceedings relating to the improvements and services described in the Formation Report and the levy and collection of annual assessments and an assessment range formula related thereto, including cost of living adjustments (COLAs) for each of the Districts in accordance with the provisions of the California Constitution Article XIIID (Proposition 218); and
WHEREAS, the Council desires to direct and authorize the City Engineer to assist with the calculation and establishment of the assessments and to prepare and file a budget report(s) (hereafter referred to as the (“Engineer’s Report”) with the City Clerk, generally describing how the Districts were formed, the improvements and services within the Districts, the method of apportionment and dispensation of the benefits, and the budget containing the costs and proposed levy amounts for funding the benefits and the assessment roll.

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

1. There are no proposed new improvements or any substantial changes in existing improvements for Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“Districts”). The City Engineer is hereby ordered to prepare and file an Engineer’s Report(s) for the annual assessment for Fiscal Year 2022-23 for the Districts.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 5th day of July, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Lighting and Landscape Maintenance District No. 1 FY 2022-23 Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972
Fiscal Impact: Receipt of assessments and expenditures of funds for Landscape Maintenance District No. 1.

Purpose:

To continue to provide Lighting and Landscape Maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Background:

The City annually levies and collects a special assessment in order to maintain and service landscaping that provides special benefit to the parcels identified in Landscape Maintenance District 1. The assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed.

District 1 (District) includes the Stabler Lane area (A) and Garden Highway area (B, B_1, and B_2).

Zones A and B do not have provisions for a cost of living adjustment (COLA) and have historically been charged the maximum levy allowed in order to cover the expenses. Zones B_1 and B_2 are recently formed zones of benefit and do have provisions for a COLA which is based on the Consumer Price Index from January to January.

In previous years, the expenditures in District No. 1 exceeded the revenue due to increasing costs and the lack of COLA provisions, creating negative Reserve Fund Balances.

The City has addressed these negative fund balances with aggressive cost-cutting measures and transfers from the General Fund and Streets and Road Fund. The City has reduced professional services, water, and administration expenses, allowing the revenue to exceed the expenditures in District No. 1.

The City previously attempted to modify District No. 1 to include the COLA provisions, but residents within the District opposed the modification. Without the ability to increase rates, the cost to maintain the district has exceeded revenues received from the assessments. In order to restore maintenance levels, the City could again approach property owners about approving an assessment increase through a Proposition 218 process.

Analysis:

The proposed action of ordering the Engineer of Work to file a report for the District is the first step in the annual levy process. This step allows staff to review expenses and revenues for the District, determine how to best levy the District such that revenues meet or exceed expenditures and appropriate reserve balances are maintained, and ultimately file a report which will be reviewed and approved by Council. Once the report is approved by Council, a Public Hearing will be held for the District’s annual levy.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the report. The proposed assessments for Fiscal Year 2022-23 will be available for review, and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

1. Do not order the Engineer of Work to file a report for the District. This may result in delays to the annual levy process due to noticing requirements, which ultimately may cause the City to file with the County Auditor after the legal deadline.

2. Direct staff to approach property owners about approving an assessment increase through a Proposition 218 process.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972
Attachments:

1. Attachment 1 - Resolution LLMD 1 Initiation
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

DESCRIBING IMPROVEMENTS AND ORDERING THE ENGINEER OF WORK TO FILE A REPORT WITH REGARD TO YUBA CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (STABLER LANE/GARDEN HIGHWAY AREA) FOR THE 2022-23 FISCAL YEAR WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape Maintenance District No. 1 has been formed pursuant to the Landscaping and Lighting Act of 1972, and has been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Yuba City desires that assessments be levied and collected in said assessment district for the 2022-23 Fiscal Year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

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

1. There are no proposed new improvements or any substantial changes in existing improvements for Landscape Maintenance District No. 1. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for Fiscal Year 2021-22 Landscape Maintenance District No. 1 assessments.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 5th day of July, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Lighting and Landscape Maintenance District Nos. 2-6 FY 2022-23 Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file reports with regard to Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6, to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972
Fiscal Impact: Receipt of assessments and expenditures of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

To continue to provide Lighting and Landscape Maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in Lighting and Landscape Maintenance Districts 2-6(Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed.

District Nos. 2 (Town Square Area); 3, 4, and 5 (69 subdivisions located throughout the City); and 6 (several commercial areas throughout the City) have provisions for a Cost of Living Adjustment (COLA), which is based on the Consumer Price Index from January to January.

Analysis:

The proposed action of ordering the Engineer of Work to file a report for the Districts is the first step in the annual levy process. This step allows staff to review expenses and revenues for the Districts, determine how to best levy the Districts such that revenues meet or exceed expenditures, and appropriate reserve balances are maintained, and ultimately file a report which will be reviewed and approved by City Council. Once the report is approved by Council, a Public Hearing will be held for the Districts’ annual levy.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the reports. The proposed assessments for Fiscal Year 2022-23 will be available for review, and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

Do not order the Engineer of Work to file a report for the Districts. This will result in delays to the annual levy process, ultimately causing the City to file with the County Auditor after the legal deadline.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file reports with regard to Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6, to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972 Attachments:

1. Attachment 1 - Resolution LLMD 2-6 Initiation
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

DESCRIBING IMPROVEMENTS AND ORDERING THE ENGINEER OF WORK TO FILE A

REPORT WITH REGARD TO YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 2, 3, 4, & 5 (TOWN CENTER AND 69 SUBDIVISIONS THROUGHOUT YUBA CITY) AND YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6 (COMMERCIAL DISTRICT) FOR THE 2022-23 FISCAL YEAR
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6 have been formed pursuant to the Landscaping and Lighting Act of 1972, and have been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Yuba City desires that assessments be levied and collected in said assessment districts for the 2022-23 Fiscal Year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

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

1. There are no proposed new improvements or any substantial changes in existing improvements for Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6. The City Engineer is hereby ordered to prepare and file reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2022-23 Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6 assessments.

2. This Resolution shall take effect immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 5th day of July, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: July 5, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Second Groundwater Well – Award for Construction of Below Ground Facilities Recommendation: Adopt a Resolution which takes the following actions:

A. Award a construction contract to Nor-Cal Pump and Well Drilling, Inc. of Yuba City, CA in the amount of their total bid of $929,159 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney B. Adopt the Initial Study/Mitigated Negative Declaration for the Second Groundwater Well Project
Fiscal Impact: $1,219,107 – Total Project Cost CIP Account No. 1191-65501 (Second Groundwater Well)
$929,159 – Contract Award Amount
$94,474 – Hydrogeologic Services during Well Construction $77,558 – Engineering Services during Well Construction $25,000 – Project/Construction Management
$92,916 – Construction Contingency (10%)
Purpose:

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

Council’s Strategic Goals:

The project addresses the City Council’s Strategic Goal of Improving the City’s Infrastructure.

Background:

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

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

The second phase would be to construct the above-ground facilities for the well including a three-sided structure, electrical cabinets, pump related equipment and plumbing. The City’s design consultant is expected to complete a 90% draft of plans and specifications for the above-ground facilities by September 2022.

Analysis:

The below-ground phase of the Second Groundwater Well Project was advertised for bids beginning May 18, 2022. Plans and Specifications were provided to local builder/contractor exchanges. On June 9, 2022 two bids were received and opened by the Assistant to the City Manager. A list of the bids received and the Engineer’s Estimate are shown below:

Company Total Bid
Engineer’s Estimate $956,283
Nor-Cal Pump and Well Drilling, Inc., Yuba City $929,159 Pacific Coast Well Drilling, Paso Robles $1,144,014
Nor-Cal Pump and Well Drilling, Inc. of Yuba City, CA is the low, responsible, and responsive bidder.

Fiscal Impact:

Contract administration will be performed by Public Works Department staff. Additionally, the City has previously contracted with West Yost & Associates for Hydrogeologic and Engineering services during construction of the well. The estimated total construction cost for the project is approximately $1,219,107, which consists of the following components:

Construction Contract: $929,159
Hydrogeologic Services $94,474
Engineering Services during Well Construction $77,558
Construction Management $25,000
Construction Contingency (10%) $92,916
Total: $1,219,107
The project will be funded through CIP Account No. 1191-65501 (Second Groundwater Well).

Currently, there is approximately $4.15 million of available funds for the project, including $750,000 in USBR grant funds.

Environmental:

A draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and filed with the State Clearinghouse (SCH # 2022050477) and posted for public comment on May 23, 2022.

Comments were received from two state agencies; the California Department of Fish and Wildlife and the Central Valley Regional Water Quality Control Board. Staff have reviewed the comments and have refined the IS/MND to provide additional clarity to certain issues to address the comments provided by the agencies. These refinements are included in “Appendix F” to the IS/MND and are attached to the

proposed resolution. Staff is recommending Council adopt the IS/MND as clarified by Appendix F. A copy of the IS/MND can be found at https://www.yubacity.net/secondgroundwaterwell.

Alternatives:

1. Do not award the contract and reject all bids. Federal grant funding is required to be spent by the end of 2022.

Recommendation:

Adopt a Resolution which takes the following actions:

A. Award a construction contract to Nor-Cal Pump and Well Drilling, Inc. of Yuba City, CA in the amount of their total bid of $929,159 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.

B. Adopt the Initial Study/Mitigated Negative Declaration for the Second Groundwater Well Project.

Attachments:

1. Resolution - Second Groundwater Well - Award for Construction and Including Appendix F to ISMND
Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A CONSTRUCTION CONTRACT TO NOR-CAL PUMP & WELL DRILLING, INC. FOR

THE CONSTRUCTION OF THE BELOW-GROUND FACILITIES FOR THE SECOND

GROUNDWATER WELL, AUTHORIZE THE CITY MANAGER TO EXECUTE THE

CONTRACT SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM BY THE

CITY ATTORNEY, AND ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION FOR THE SECOND GROUNDWATER WELL PROJECT
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Second Groundwater Well Project (Project); and
WHEREAS, in response to the advertisement, the City received two (2) bids for the following bid amounts:

Nor-Cal Pump & Well Drilling, Inc. $919,159.00
Pacific Coast Well Drillers, Inc. $1,144,014.00; and
WHEREAS, the City Public Works Department has reviewed the two (2) bids, and having examined Nor-Cal Pump & Well Drilling, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA); and WHEREAS, the City is the lead agency on the Project for CEQA compliance, and WHEREAS, the City filed the IS/MND with the State Clearinghouse (SCH# 2022050477) for public comment on May 23, 2022.

WHEREAS, during the CEQA public comment period the City received comments from the California Department of Fish and Wildlife and the Central Valley Regional Water Quality Control Board; and
WHEREAS, City staff have carefully reviewed the comments and have prepared refinements as set forth in “Appendix F” to the mitigated negative declaration in order to provide additional clarity to certain issues regarding the same; and WHEREAS, the City desires to award the bid to Nor-Cal Pump & Well Drilling, Inc to construct the Project and adopt the mitigated negative declaration; and NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

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

2. The City Council of the City of Yuba City does hereby accept the two (2) bids received as noted above.

3. On the basis of findings in Section 2, the City Council further finds Nor-Call Pump & Well Drilling, Inc is the lowest responsive and responsible bidder, and awards the Construction Contract Agreement to Nor-Cal Pump & Well Drilling, Inc. of Yuba City, CA for the construction of the below ground facilities for the Second Groundwater Well Project in the amount of $929,159, subject to material terms.

4. CEQA Findings. The City Council has fully considered the MND and finds that the project is consistent with, and has been fully assessed by, the MND. In this regard, based on the Council’s independent judgement and analysis and record before it, the Council additionally finds as follows:
a. The MND reflects the Council’s independent judgement and analysis. b. The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where no significant adverse impact on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse.
c. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines.
d. The mitigation measures are feasible and shall become binding upon the entity assigned thereby to implement the particular mitigation measures. e. The changes described in the attached Appendix F to the MND (Exhibit “A”) do not result in “substantial revisions” as contemplated by CEQA Guidelines Section 15073.5. No new, avoidable significant effect is identified, and no mitigation measures or project revisions were added after circulation in order to reduce the effect to insignificance. Likewise, the clarifications do not reflect any proposed mitigation measures or project revisions that will not reduce potential effects to less than significance and new measures or revisions must be required. In this regard, the City Council further finds that CEQA Guidelines Section 15073.5(c) does not require recirculation of the draft MND as i) the refinements merely clarify, amplify, or make insignificant modifications to the negative declaration; ii) refinements to mitigation measures are either equally or more effective as contemplated by CEQA Guidelines Section 15074.1; iii) to the extent that the refinements to the mitigation result in revisions to the project, such project revisions do not create new, avoidable, significant effects; and iv) the measures or conditions of project approval added after circulation of the draft MND are not required by CEQA, and do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

The City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per the MND.

5. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council hereby adopts the Mitigated Negative Declaration for the project, including the associated mitigation monitoring and reporting program as clarified in Appendix F to the MND, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The Department of Public Works located at Yuba City Hall at 1201 Civic Center Blvd., Yuba City, CA 95993 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the Council's adoption of this Mitigated Negative Declaration is based. The Council authorizes and directs the Public Works Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for the approval of the project that complies with the CEQA Guidelines.

6. The City Council of the City of Yuba City authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.

7. 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 5th day of July 2022.

AYES:

NOES:

ABSENT:

ATTEST:

Dave Shaw, Mayor
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney

Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – Construction Contract Agreement
Exhibit B – Appendix F – Clarifications to IS/MND and Updated MMRP

CONTRACTING REQUIREMENTS
May 2022 00510 - 1 City of Yuba City
Agreement Municipal Well No. 2
SECTION 00510

AGREEMENT

AGREEMENT FOR THE CONSTRUCTION OF
MUNICIPAL WELL NO. 2
PROJECT NO. 18-18
(Document will be re-typed after Contract Award)
THIS AGREEMENT made and entered into this ___ day of ________, 2022, between the City of Yuba City, a public entity in Sutter County, organized and existing under the laws of the State of California, hereinafter referred to as the “City” or “Owner” and , ____________________________ , hereinafter referred to as the “Contractor”;

RECITALS
WHEREAS, the City Council heretofore caused Drawings and Specifications for the Work hereinafter mentioned to be prepared, and therefore did approve and adopt the Drawings and Specifications; and
WHEREAS, the City Council did cause to be published for the time and in the manner required by law, a Notice inviting sealed Bids for the performance of the Work; and WHEREAS, the Contractor, in response to such Notice, submitted to the City within the time specified in the Notice, and in the manner provided for therein, a sealed Bid for the performance of the Work specified in the Contract Documents, which the Bid, and the other Bids submitted in response to the Notice, the City publicly opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible Bidder for the performance of the Work, and the City Council, as a result of the canvass of the Bids, did determine and declare Contractor to be the lowest responsible Bidder for the Work and award a Contract to Contractor to do the Work referred to in the aforementioned plans and specifications; and
WHEREAS, Contractor is ready, willing and able to complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings and all other terms and conditions of the Contract Documents; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter, the City and Contractor agree as follows:

ARTICLE 1 - SCOPE OF WORK

1.1 The Work. The Contractor shall furnish all labor, materials, tools, apparatus, equipment, transportation, insurance, bonds, special services and skill to construct and complete in good workmanlike and substantial manner to the satisfaction of the City all the Work called for, and in the manner designated in, and in strict conformity with the Contract Documents for the project entitled: Municipal Well No. 2. All incidental work not shown on the Plans or specified herein which is necessary to complete the Work so as to provide the project described, or shown, shall be furnished and installed as part of this Contract at no additional cost to the City.

1.2 Location of Work. The Work will be performed at the following location: Yuba City Water Treatment Plant, 701 Northgate Drive in the City of Yuba City, CA as shown on the Contract Drawings.

CONTRACTING REQUIREMENTS
May 2022 00510 - 2 City of Yuba City
Agreement Municipal Well No. 2
ARTICLE 2 - CONTRACT DOCUMENTS

2.1 Contract Documents.

The Contract Documents consist of the following documents:
 Introductory Information (Sections 00005 through 00010)  Bidding Requirements (Sections 00100 through 00480. Does not include Section 00300, Supplemental Project Information Available to Bidders);  Contracting Requirements (Sections 00510 through 00800);  General Requirements (Division 1);
 Technical Specifications including all Tables, Exhibits and Attachments;  City Standard Specifications
 Contract Drawings;
 Addenda (numbers ___ to____, inclusive);
 Permits from other agencies as may be required by law; and  All other documents incorporated by reference into these Contract Documents.  The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
o Notice to Proceed (Section 00600);
o Field Directive(s);
o Change Order(s);
o Construction Change Directive; and
o Field Order(s).

2.2 Not Contract Documents. There are no Contract Documents other than those listed in this Section 00510, Article 2, Contract Documents, Section 00300, Supplemental Project Information Available to Bidders, and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided for in Section 00700, General Conditions and Section 00800, Supplemental General Conditions.

2.3 Definitions and Terms. Unless otherwise specifically provided herein, all terms, words and phrases defined in Section 00700- 1.02, Definitions of Words and Terms, shall have the same meaning and intent in this Agreement.

2.4 Entire Contract; Interpretation. This Agreement, together with the Contract Documents, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto (including without limitation, City’s award of the Contract to Contractor and any applicable letter of intent), unless such agreement is expressly incorporated herein. City makes no representations or warranties, express or implied, not specified in this Agreement or the Contract Documents. This Agreement and the Contract Documents are the product of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code §1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement or the Contract Documents.

2.5 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

2.6 Amendments. The terms of this Agreement or the Contract Documents shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except as authorized by the Contract documents or by a written instrument signed by the Parties.

CONTRACTING REQUIREMENTS
May 2022 00510 - 3 City of Yuba City
Agreement Municipal Well No. 2

2.7 Further Assurances. The Parties shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement and the Contract Documents.

ARTICLE 3 - CONTRACT PRICE

3.1 Contract Price Breakdown. Subject to additions and deductions by Change Order(s) as provided in the Contract Documents, the City agrees to pay and Contractor agrees to accept, in full payment for completion of the Work in accordance with the Contract Documents as follows:

Bid Items
Item Description Qty Unit
Unit Price,
dollars
Total bid item
price, dollars
1 Mobilization and Demobilization 1 LS
2 Sound Barrier 1 LS
3 Conductor Casing 50 LF
4 Pilot Hole Drilling 450 LF
5 Geophysical Logging 1 LS
6 Caliper Survey 2 Each
7 Aquifer Zone Sampling 5 Each
8 Pilot Borehole Stabilization 452 LF
9 Pilot Bore Reaming 365 LF
10 16-Inch-Diameter Type 304L Stainless Steel
Blank Casing 298 LF
11 16-Inch-Diameter Type 304L Stainless Steel
Louvered Screen 100 LF
12 16-Inch-Diameter Type 304L Stainless Steel
Cellar Pipe with SE End Cap 10 LF
13 3-Inch-Diameter Type 304L Stainless Steel
Gravel Feed Tube 217 LF
14 3-Inch-Diameter Type 304L Stainless Steel
Sounding Tube 239 LF
15 8-Foot Type 304L Stainless Steel Casing
Entry Port with Stiffener Rings 1 LS
16 Filter Pack (includes filter pack, transition sand
seal and bentonite seals) 300 LF
17 Cement Grout 115 LF
18 Mechanical Well Development 25 Hourly
19 Chemical Development Using Chlorine 25 Hourly
20 Chemical Development using Clay-Dispersant
Polymers 25 Hourly
21 Test Pump Mobilization and Demobilization 1 LS
22 Pumping Development 50 Hourly
23 Production Testing - Step Discharge Testing 12 Hourly

CONTRACTING REQUIREMENTS
May 2022 00510 - 4 City of Yuba City
Agreement Municipal Well No. 2
Item Description Qty Unit
Unit Price,
dollars
Total bid item
price, dollars
24 Production Testing - Constant Discharge
Testing 48 Hourly
25 Flow Velocity Surveys 1 LS
26 Plumbness and Alignment Survey 1 LS
27 Acceptance Video Survey 1 LS
28 Disinfection of Well 1 LS
29 Site Cleanup 1 LS
30 Fluids and Cuttings Containment and Disposal 1 LS
31 Standby Time 1 Hourly
TOTAL BID AWARD PRICE (Items 1 through 31) $_____________________________ TOTAL BID AWARD PRICE (in words)
The above Total Contract Price includes all allowances, if any, provided for in the Contract Documents.

Progress and final payments shall be in accordance with the General Conditions.

When, under the provisions of this Agreement, the City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges against him, the City shall have the right to recover the balance from Contractor or its sureties.

Compensation for Unit Price Items shall be based upon the unit prices stated in above schedule times the actual quantities or units of work and materials performed or furnished. Unit prices paid by the City may change depending on actual quantities or units or work completed in accordance with Section 00700-9.04, Increased or Decreased Quantities.

3.2 Substitution of Securities for Money Withheld. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Agreement in the manner as provided by California Public Contract Code §22300. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in §16430 of the California Government Code or bank or savings and loan certificates of deposit.

ARTICLE 4 - CONTRACT TIMES

4.1 Time is of the Essence. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Agreement.

4.2 Commence Work. Contractor shall commence execution of the Work on the date established in the Notice to Proceed. The City reserves the right to modify or alter the Commencement Date of the Work.

4.3 Days to Achieve Contract Times. The Contractor shall diligently execute the Work to complete each Milestone listed below within the following number of consecutive calendar days from the date established in the Notice to Proceed for the commencement of the Contract Time.

CONTRACTING REQUIREMENTS
May 2022 00510 - 5 City of Yuba City
Agreement Municipal Well No. 2
Times Allowed for Completion
Contractual Completion Event
Completion Time
(# of calendar days from
Notice to Proceed date) or
Seasonal Dates
Substantial Completion 120
Final Completion 140
Milestones – Milestones are further defined in Section 01140, Work Restrictions and Section 00800, Supplementary Conditions.

4.4 Liquidated Damages. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the contract times specified in 4.3, Days to Achieve Contract Times. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth above are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it would be impracticable and extremely difficult to fix the actual damages.

Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, construction management, inspection, and supervision; the loss suffered by the public within the City’s constituent cities by reasons of the delay in the completion of the project to serve the public at the earliest possible time; and, costs associated with ongoing and extended permit compliance.

Accordingly, the City and the Contractor agree that as liquidated damages for delay, in accordance with California Government Code Section 53069.85, the Contractor will forfeit and pay to the City liquidated damages in the amounts set forth in the table below, per day for each and every calendar day that expires after the time for completion specified in the above section 4.3, Days to Achieve Contract Times, except as otherwise provided by extension of time pursuant to Section 00700-8.04, Time Extensions, of the General Conditions.

It is further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor.

Damages for Delays
Milestone Contractual Completion Event
Dollars Per Day
Liquidated Damages
(Amount in Dollars)
Substantial Completion $750
Final Completion $500
ARTICLE 5 - INSURANCE AND BONDS

5.1 Insurance. Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Conditions and the Supplementary Special Conditions. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this contract.”

CONTRACTING REQUIREMENTS
May 2022 00510 - 6 City of Yuba City
Agreement Municipal Well No. 2

5.2 Faithfull Performance Bond and Payment Bond. The Contractor, simultaneously with the execution of the Agreement, will be required to furnish a Faithful Performance Bond to guarantee the Faithful Performance of the Contract equal to one hundred (100%) of the Total Contract Price set forth in Article 4 and a Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California equal to one hundred percent (100%) of the Total Contract Price set forth in Article

4. The bonds must be issued by a surety company admitted in California and with a current A.M. Best’s rating of no less than A-:VII or equivalent, unless otherwise approved by Agency.

Any alteration(s) made in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alteration(s) is hereby given, and any surety on said bonds hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.

Contractor must submit the following document with the bonds: The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

ARTICLE 6 - CITY’S REPRESENTATIVE(S) AND AUTHORITY’S CONSULTANTS

6.1 City’s Representative. The City has designated William Jow, or his/her designee to act as City’s Representative. The City may change the individual(s) acting as City’s Representative(s), or delegate one or more specific functions to one or more specific City’s Representative at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities. All documents requiring the signature/approval of City shall be signed by the City’s Representative.

6.2 Design Engineer. The City has designated West Yost Associates to act as Design Engineer.

The Design Engineer is included within and covered by Contractor’s release and indemnity obligations to the City.

6.3 Construction Manager. The City has designated William Jow, to act as Construction Manager.

The City may assign, upon mutual agreement, all or part of the City’s Representative’s duties, rights and responsibilities to the Construction Manager. The Construction Manager is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities.

ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS

7.1 Representations and Warranties. In order to induce the City to enter into this Agreement, Contractor makes the following representations and warranties:

A. Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

B. Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, record drawings, drawings, products specifications or reports, available for bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00300, Supplemental Project Information Available to Bidders, or which may appear in the Contract Documents. Contractor further acknowledges and agrees that, in executing the Agreement, it is relying on its own observation of (1) the site of the Work, (2) access to the Site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the

CONTRACTING REQUIREMENTS
May 2022 00510 - 7 City of Yuba City
Agreement Municipal Well No. 2
Contract, the plans, the specifications, and other related information made available to Contractor by the City.

C. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

D. Contractor has given the City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and record drawings and actual conditions and the written resolution thereof (if any) through Addenda issued by the City is acceptable to Contractor.

E. Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.

F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.

Contractor has listed the following
Subcontractors consistent with the
Subcontractor Listing Law, California Public
Contract Code §4100 et seq.:

Name of Subcontractor and
Address of Mill or Shop
Description of Subcontractor’s
Work
Subcontractor’s
License No.

ARTICLE 8 - LABOR CODE COMPLIANCE AND DAVIS-BACON WAGES

8.1 California Labor Code. Pursuant to the provisions of §1770 et seq. of the California Labor Code, which are hereby incorporated by reference and made a part hereof, the Director of the Department of Industrial Relations has determined the general prevailing rate of the per diem wages and the general prevailing rate for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to perform the Work. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at City office or may be downloaded from the State Department of Industrial Relations website, Division of Labor Statistics and Research, http://www.dir.ca.gov/dlsr/. The rate of prevailing wage for any craft, classification or type of workmanship to be employed in performing the Work is the rate established by the applicable collective bargaining contract which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate is adopted.

CONTRACTING REQUIREMENTS
May 2022 00510 - 8 City of Yuba City
Agreement Municipal Well No. 2
It shall be mandatory for the Contractor and all subcontractors to pay not less than such specified prevailing wage rates to all workers employed in the performance of the Work. If any worker engaged in the performance of the Work is paid less than the specified prevailing wage rate, the Contractor shall pay to each such worker the difference between the specified prevailing wage rate and the actual amount paid to such worker for each calendar day or portion thereof. In addition, Contractor shall comply with the provisions of California Labor Code §1775, including provisions which require Contractor to (a) forfeit as penalty to City not more than $200 for each calendar day or portion thereof for each worker (whether employed by Contractor or any Subcontractor) paid less than the applicable prevailing wage rates for any work done under this Contract in violation of the provisions of the California Labor Code, and (b) pay to each worker the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage.

The Contractor and each Subcontractor shall keep or cause to be kept an accurate record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week for all laborers, workers and mechanics employed in connection with the performance under the Contract Documents or any subcontract thereunder, and showing the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by City and its agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any Subcontractor, any worker or any other third party with regard thereto. Contractor shall be responsible to ensure compliance with section 1776. Failure to comply with that section may result in the California Labor Commissioner’s assessment of a penalty of $100 per day per affected worker.

The Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations and all job site notices as prescribed by California Labor Code Section 1771.1.

Pursuant to California Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The successful Bidder and its subcontractors shall employ the appropriate number of apprentices, in each apprenticeable craft, on the project site as stipulated in California Labor Code sections 1777.5, 1777.6 and 1777.7. Failure to comply may result in the California Labor Commissioner’s assessment of a penalty of $100 for each day of noncompliance.

Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that when the Bidder’s bid was submitted, the Bidder and its Subcontractors were registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions. Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions.

8.2 Davis-Bacon Wages.- Not Used.

ARTICLE 9 - MISCELLANEOUS PROVISIONS

9.1 Assignment. Contractor shall not assign this Contract or any rights under or interests in the Contract without the City's written approval. No assignment will release or discharge the Contractor from any duty or responsibility under the Contract Documents.

9.2 Successors and Assigns; No Third-Party Beneficiaries. The provisions of this Agreement and the Contract Documents shall inure to the benefit of and shall apply to and bind the successors and permitted assigns of the Parties. Nothing contained in this Agreement, or the Contract Documents is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights or remedies hereunder.

CONTRACTING REQUIREMENTS
May 2022 00510 - 9 City of Yuba City
Agreement Municipal Well No. 2

9.3 Contractor Bankrupt. If Contractor should commence any proceeding under federal bankruptcy law, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Agreement and complete the Work by giving notice to Contractor and its surety according to the General Conditions.

The City shall have the right to complete, or cause completion of the Work, all as specified in the General Conditions.

9.4 Unfair Competition. The following provision is included in this Agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, with further acknowledgment by the parties."

9.5 Nondiscrimination and Equal Opportunity. The Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any affirmative obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract.

9.6 No Waiver of Remedies. Neither the inspection by the City or its agents, nor any order or certificate for payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by the City, nor any extensions of time, nor any positions taken by City or its agents shall operate as a waiver of any provision of this Agreement or the Contract Documents or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement or of the Contract Documents be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement and in the Contract Documents shall be taken and construed as cumulative; that is, in addition to each and every other remedy provided in this Agreement and/or the Contract Documents, and the City shall have any and all equitable and legal remedies, which it would in any case have.

9.7 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Contra Costa, State of California, and governed by California law (excluding choice of law rules). By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

9.8 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement or the Contract Documents shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:

A. personal delivery, in which case notice is effective upon delivery;

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Agreement Municipal Well No. 2
B. certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; D. facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

Any written notice to Contractor shall be sent to:

Company Name
Company Address
Individual’s Name
Individual’s Email Address
Individual’s Direct Dial Phone #:

Individual’s Fax #
Any written notice to City shall be sent to:

Director of Public Works and Development Services
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA, 95993

9.9 Execution in Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

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IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR
Under penalty of perjury, I certify that the taxpayer
identification number and all other information provided here are correct.

Date:

Federal I.D. #:

DIR Registration # State ID #
California Contractor’s License # & Classifications Expiration Date Signature Signature
Print Name Print Name
Title Title
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
If Contractor is an out-of-state corporation, Contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

CITY OF ANTIOCH
a California Municipal Corporation
DATE: _____________ BY _________________________________ City Manager
Original Approved As To Form: Attest:
**************, City Attorney **************, City Secretary Original Approved as to Form:
_____________________________
Ben Moody, Director of Public Works and Development Services

CONTRACTING REQUIREMENTS
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END OF SECTION

01248.0005/800802.1 Page 1
Groundwater Well Installation Project Appendix F – Clarifications to Draft MND January 2018
Appendix F

CLARIFICATIONS TO THE INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION FOR THE GROUNDWATER WELL INSTALLATION

PROJECT
AND
(UPDATED) MITIGATION MONITORING AND REPORTING

PROGRAM

01248.0005/800802.1 Page 2
Groundwater Well Installation Project Appendix F – Clarifications to Draft MND January 2018

INTRODUCTION
This Appendix provides for refinements and clarifications to the Initial Study/Mitigated Negative Declaration (MND) as a result of comments received in response to the draft MND during the public review period of May 23, 2022, through June 20, 2022, and/or new information that clarifies, amplifies, or makes insignificant modifications to the draft MND. The draft MND was also reviewed for any additional errata updates. This information, below, is presented as a clarification, update, and addition to the draft MND, and replaces the specified references in the draft MND as noted herein.

The changes described in this Appendix do not result in “substantial revisions” as contemplated by CEQA Guidelines Section 15073.5. No new, avoidable significant effect is identified, and no mitigation measures or project revisions were added after circulation in order to reduce the effect to insignificance. Likewise, the clarifications do not reflect any proposed mitigation measures or project revisions that will not reduce potential effects to less than significance and new measures or revisions must be required.

In this regard, CEQA Guidelines Section 15073.5(c) does not require recirculation of the draft MND as i) the refinements merely clarify, amplify, or make insignificant modifications to the negative declaration; ii) refinements to mitigation measures are either equally or more effective as contemplated by CEQA Guidelines Section 15074.1; iii) to the extent that the refinements to the mitigation result in revisions to the Project, such project revisions do not create new, avoidable, significant effects; and iv) the measures or conditions of Project approval added after circulation of the draft MND are not required by CEQA, and do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

In sum, the text changes provided below do not change any of the conclusions presented in the MND in a manner that would require recirculation of the MND. Additionally, the clarified MND does not identify any significant effect on the environment which cannot be mitigated or avoided. Therefore, a MND remains appropriate for this Project as contemplated by CEQA.

Clarifications and refinements to the draft MND contained in this Appendix are noted as either additions with a underline, or deletions with a strike through.

REFINEMENTS AND CLARIFICATIONS.
a. General update:

Any mitigation measure modified or otherwise updated in Chapter 4 (Mitigation Monitoring and Reporting Program), commencing on page 4-1 of the draft MND, shall

01248.0005/800802.1 Page 3
Groundwater Well Installation Project Appendix F – Clarifications to Draft MND January 2018
be applicable and deemed updated throughout the entire MND without need for further edits or specific clarification in this Appendix.
b. Page 2-11, Checklist:

The boxes next to “Geology/Soils,” “Hydrology/Water Quality,” and “Utilities/Service Systems” on the checklist should be blank, and are clarified as such. As further detailed in the supporting narrative for each of these items, there are no potential, significant, adverse effects that would be associated with these items, nor is mitigation proposed or needed with regard to those items.
c. Table 4-1 (Mitigation Monitoring and Reporting Program), pages 4-2 through 4-5:

Table 4-1 is updated as set forth in the “(Updated) Mitigation Monitoring And Reporting Program,” found immediately below.

Groundwater Well Installation
Table 4-1. (Updated) Mitigation Monitoring and ReportingProgram Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
Biological Resources
Mitigation Measure BIO-1: Swainson’s hawk
Project construction could result in direct permanent impacts to suitable nesting habitat for Swainson’s hawks. To ensure that there are no impacts to protected Swainson’s hawk are reduced, the following measures are recommended required:
 If Project construction is anticipated to commence during the Swainson’s hawk nesting season, approximately March 1 through September 15, a qualified biologist shall conduct a two preconstruction surveys within 0.25 mile of the Project footprint in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). A third preconstruction survey is required if the qualified biologist determines that there is a significant probability of potential nesting given the timing of the first two preconstruction surveys and the proposed third preconstruction survey. If noactive Swainson’s hawk nests are found within

0.25 mile of the Project, no avoidance or other mitigation measures are recommended required.
 If an active Swainson’s Hawk nest is found within 0.25 mile of theProject footprint, an avoidance and minimization plan shall be prepared in consultation with the City and CDFW. The avoidance and minimization plan will be implemented only upon City and CDFW approval. The plan shall include, but is not limited to, worker awareness training, avoidance radius around the active nest, and nest monitoring during construction.
 Swainson’s hawk surveys are not necessary if Project construction commences during September 15 through February 28.

Prior to construction
activities
Once City of Yuba City
Mitigation Measure BIO-2a: Pre-construction surveys
During the nesting season (approximately February 1 to August 31) conduct preconstruction nesting bird surveys of suitable habitats in the Project area within 14 three (3) days prior to the commencement of Project construction. The survey area shall include the Project footprint and 300-foot radius for raptors and a 100-foot radius for other birds protected under the MBTA.

During construction
activities
Daily, during
construction
activities
City of Yuba City
Mitigation Measure BIO-2b: Nesting bird buffers

If active nests are found, a no-disturbance buffer should be established around the nest. The buffer distance should be established by a qualified biologist in consultation with the City and CDFW. The buffer should be maintained until the fledglings are capable of flight and become independent of the nest, to be determined by a qualified biologist. Once the young are independent of the nest, no further measures would be necessary. Pre-construction nesting surveys would not be required for construction activity that begins outside the nesting season (September 1 to January 31).

Within 30 days priorto
the start of work
performed from
February 1 to
September 15
Once City of Yuba City

Groundwater Well Installation
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
Mitigation Measure BIO-3: Burrowing Owls
Project construction could result in direct permanent impacts to suitable nesting habitat for burrowing owls. To ensure that there are no impacts to protectedburrowing owls are reduced, the following is recommended required:
 Prior to Project construction, a qualified biologist shall conduct a burrowing owl habitat assessment according to the Staff Report on Burrowing Owl Mitigation (Staff Report) (CDFG 2012).
 If potential burrowing owl nesting habitat is present within 656 feet (200 meters) of the Project footprint, nesting or wintering season surveys for burrowing owl shall be conducted according to the Staff Report (CDFG 2012).consistent with the California Department of Fish and Wildlife (CDFW) 2012 Staff report on Burrowing Owl Mitigation dated March 7, 2012
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline=tr ue.)
 If an active, occupied burrow is discovered within 656 feet of the Project footprint, the City and CDFW shall be notified. An avoidance radius shall be established and fenced around the occupied burrow, in consultation with the City and CDFW and consistent with the 2012 Staff report on Burrowing Owl Mitigation dated March 7, 2012.
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline=tr ue.)
 If avoidance of the occupied burrow is not feasible, a passive relocation plan shall be prepared in consultation with the City and CDFW. The passive relocation plan will be implemented only upon City andCDFW approval consistent with the CDFW Staff report on Burrowing Owl Mitigation dated October 17, 1995.
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83844&inline.) Prior to construction
activities Once City of Yuba City
Cultural Resources
Mitigation Measure CUL-1: Cultural Resources