Yuba City City Council
August 15, 2023

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. 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 help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
AUGUST 15, 2023

REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY AND

CITY COUNCIL

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

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

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

AGENDA

REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
AUGUST 15, 2023
5:00 P.M. CLOSED SESSION

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

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

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://us06web.zoom.us/webinar/register/WN_g6HYmP5-T5m7NV8NM2negw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

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

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

B. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-411-016, located at 825 Jones Street, Yuba City, California; APN 52-161- 036, located at 847 Chestnut Street, Yuba City California; and APN 51-095-020, 1483 Gray Avenue, Yuba City, California
Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment Regular Meeting
Call to Order
Roll Call
__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Jason Matsui Retirement Proclamation

2. Holycross Funeral Home 25 year Proclamation

3. Yuba City as a Purple Heart City Proclamation

4. Yuba Sutter Transit Executive Director, Matthew Mauck Public Communication

5. 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.

6. Minutes from the July 18th, 25th and August 1, 2023 meeting Recommendation: Approve the Minutes of July 18th, 25th and August 1, 2023

7. Presentation of Investment Report - Quarter Ended June 30, 2023 Recommendation: Note & File Quarterly Investment Report

8. Emergency Purchase of One (1) Ford Three-Quarter Ton Utility-Bed Pickup Recommendation: A. Adopt a Resolution to award the purchase of one (1) Ford three-quarter ton utility-bed pickup to Geweke Ford of Yuba City, CA, in the not-to-exceed amount of $48,615.28 and authorizing the purchase of necessary equipment and decals to place the vehicle in service, estimated at $5,000.00 by finding that it is in the best interest of the City to do so
B. Authorize the Finance Director to make a supplemental appropriation of $36,815.28 in the Vehicle Replacement Fund

9. FB 24-01 Chevrolet Tahoe Pursuit Purchase
Recommendation: A. Adopt a Resolution awarding the purchase of ten (10) Chevrolet Tahoe Pursuit Vehicles to Winner Chevrolet, Inc in the amount of $573,070.62 . Sole source equipment purchases and install to Cop Shop Installations of Yuba City, CA for the estimated amount of $223,548.30
B. Authorize the Finance Director to record a supplemental budget appropriation for the Vehicle Replacement Fund (6610- 69401) for $50,620 for the purchase of the ten (10) Chevrolet Tahoe Pursuit Vehicles in the total amount $796,618.92

10. Accela Renewal Agreement
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a five-year agreement with Accela, Inc. of San Ramon, CA in the amount of $428,120.93 with the finding that it is in the best interest of the City

11. Yuba City Firefighters' Local 3793 Memorandum of Understanding (MOU) Recommendation: Adopt a Resolution:

A. Approving the Memorandum of Understanding with Yuba City Firefighters' Local 3793
B. Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments

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

A. Approving the Memorandum of Understanding with First Level Managers
B. Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments

13. Second Groundwater Well - Award for Construction Management and Inspection Services
Recommendation: Adopt a Resolution awarding a professional services agreement to ICM of Shingle Springs, CA in the amount of their total bid of $89,890 and authorize the City Manager to execute the contract on behalf of the City

14. Harter Estates South – Subdivision Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with D.R. Horton CA2, Inc., a California corporation providing for public improvements associated with the Harter Estates South Subdivision Map, approving the Harter Estates South Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Subdivision is located on the west side of the Harter Specific Plan Area, east of Ruth Avenue, and south of Vine Avenue.] Business Items

15. Street Racing Ordinance
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City further regulating unpermitted motor vehicle racing, exhibitions of speed, and side shows, by authorizing forfeiture and, when applicable, equitable sharing, by amending Section 4-

8.407, Article 4, Chapter 8, of Title 4 of the Yuba City Municipal Code by title only and waive the first reading

16. Barry Elementary School Waterline Extension Project (Award Construction Contract)
Recommendation: Adopt a Resolution which takes the following actions:

A. Reject Newland Entities, Inc.’ bid as non-responsive B. Award a construction contract to West Valley
Construction in the amount of $3,799,005.00, subject to State approval of an amended funding agreement
C. Award a professional services agreement for construction management and inspection services to MHM, Inc. in the
amount of $211,623.60, subject to State approval of an
amended funding agreement
D. Award a professional services agreement for labor
compliance services to the Solis Group in the amount of $18,760.00, subject to State approval of an amended
funding agreement
E. Authorize the Finance Director to make the necessary supplemental appropriations

17. 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) Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and

commercial district)

18. Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Public Hearing
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24, pursuant to the
landscaping and Lighting Act of 1972
Future Agenda Items

19. Future Agenda Items
- Councilmember Pasquale
- Councilmember Boomgaarden
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
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

20. City Manager's Report

21. City Council Reports
Adjournment

Proclamation
of the City Council
Jason Matsui
Water Treatment Plant Operator IV
July 22, 1991 to July 22, 2023
WHEREAS, Jason Matsui retired from employment with the City of Yuba City with 32 years of service on July 22, 2023; and
WHEREAS, Jason’s dedication to continuous improvement and education in water treatment has provided our residential and commercial customers with safe, reliable, quality drinking water; and WHEREAS, Jason was an integral part of the Water Treatment Plant team as an experienced and dependable operator who was always willing to take on the often-undesirable night and weekend shifts; and
WHEREAS, Jason’s knowledge and quiet leadership will continue to positively impact his team’s performance and collaboration for many years to come; and WHEREAS, the Public Works Department wishes Jason all the best as he enters the next phase of his life with his wife Erin, son Justin, and daughter Allie, wherein he will undoubtedly enjoy his many hobbies, including golf, snowboarding, duck hunting, exercise, and travel.

NOW, THEREFORE, BE IT RESOLVED, that I, Wade Kirchner, Mayor of the City of Yuba City, and on behalf of the entire City Council, do hereby commend Jason’s outstanding and loyal service and sincerely urge all residents of the City of Yuba City to join with me in recognizing Mr. Jason Matsui for all of his contributions to the Yuba City community for the past 32 years. His dedicated interest and devotion to his duties and protecting the health and safety of our community has earned Jason the respect and admiration of all residents and co-workers alike.

Done this 15th day of August 2023, at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
Holycross Funeral Home
25 Year Anniversary
WHEREAS, The City of Yuba City would like to celebrate and recognize David Holycross the owner of Holycross Funeral Home for 25 years in business; and WHEREAS, David worked a part-time job in a funeral home during high school and later after his freshman year of college decided to become a mortician and attended mortuary college; and WHEREAS, today he assists many families with the sensitivity and care of a funeral or memorial service; and
WHEREAS, David works directly with the Sutter County Sheriff Coroner, local churches, and community members to assist with someone’s passing 24 hours a day all year round; and WHEREAS, he has ensured to make it his priority that his clients have a positive experience during this difficult time in their lives. Providing seamless services such as personalized printing, memorial websites, and most importantly filing the legal death certificate; and WHEREAS, Holycross Funeral Home has a team that includes David’s son, Trevor Holycross and his fiancé Tonna Dodge along with other team members, Wes Porter and Zack Dollins; and WHEREAS, David continues to provide a positive experience for his clients and a level of trust in carrying out an end-of-life service. He hopes to expand the facilities to host a larger chapel space in the future.

NOW, THEREFORE, BE IT RESOLVED, that I, Wade Kirchner, Mayor of the City of Yuba City and on behalf of our entire City Council, do hereby congratulate David Holycross the owner of Holycross Funeral Home on their 25 year anniversary.

Done on this 15th day of August 2023 at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
City of Yuba City
Proclaiming the City as a
Purple Heart City
WHEREAS, the National citizens of Yuba City have a great admiration and the utmost gratitude and have always had a proud history of supporting our active military and our veteran population; and
WHEREAS, the Purple Heart Medal is the oldest military decoration in present use, and was initially created as a Badge of Military Merit by General George Washington in 1782; and WHEREAS, many citizens (past and present) of our community have received the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force; and WHEREAS, veterans have paid the high price for freedom by leaving their families and communities and placing themselves in harm’s way for the good of all; and WHEREAS, the mission of the Yuba City American Legion is to foster an environment of goodwill among combat-wounded veterans, promote patriotism, to make sure that we never forget the sacrifices of our military service men and women; and
WHEREAS, the City requested Yuba City American Legion Vice Commander Brock Bowen to pursue Yuba City becoming a Purple Heart City; and
WHEREAS, the City of Yuba City is already in the process of having Highway 20 and Highway 99 becoming part of the National Purple Heart Trail within the City Limits of Yuba City.

NOW, THEREFORE BE IT RESOLVED, that I, Wade Kirchner, Mayor of Yuba City, on behalf of the City Council, does hereby proclaim the City of Yuba City as a Purple Heart City, and hereby encourages the residents and businesses of Yuba City to show their appreciation for sacrifices Purple Heart recipients have made in defending our freedoms, to acknowledge their courage, and to show them the honor and support they have earned.

Done this 15th day of August, 2023 at the City of Yuba City, County of Sutter, State of California.

Introduction of the New Executive Director for the Yuba-Sutter Transit - Matthew Mauck.

Yuba-Sutter Transit’s Mission
To provide safe and cost effective public transportation services that increase mobility and improve the quality of life for Yuba and Sutter County residents.

To contact Matthew Mauck directly:
530-634-6880 x102 or email [email protected]
Yuba-Sutter Transit
2100 B Street, Marysville, CA 95901

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 6

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the July 18th, 25th and August 1, 2023 meeting Recommendation: Approve the Minutes of July 18th, 25th and August 1, 2023 Fiscal Impact: None
Attachments:

1. 07-18-2023 - Regular Meeting Minutes (DRAFT)

2. 07-25-2023 - Special Closed Session of the Housing Successor Agency Minutes (DRAFT)

3. 08-01-2023 - Special Closed Session of the Housing Successor Agency Minutes (DRAFT) Prepared By: Submitted By:

Ciara Wakefield
City Clerk Admininstrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
JULY 18, 2023
5:00 P.M. CLOSED SESSION

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

COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Kirchner at 5:00 PM
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Shaw, and Pasquale

Absent: Councilmember Harris
Closed Session
A. Conference With Legal Counsel—Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Derek Sweet, Claim number: 4A22010F6M7-0001 B. Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(4); (One case)
No public comment received
Regular Meeting
Call to Order
The Regular Meeting of the City Council called to order by Mayor Kirchner at 6:00 PM Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, and Pasquale

Absent: Councilmember Harris and Shaw
[Councilmember Shaw arrived at 6:26PM]
Invocation/Inspiration
Pastor Greg Mansur – Adventure Church of Yuba City
Pledge of Allegiance to the Flag

Laura Nicholson
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
Due to recusals, Item 13 was pulled from the Consent Calendar and voted on separately Item 21 was continued to the regular meeting on 8/15/23 Ceremonial Presentations

1. Retirement Proclamation for Sergeant Dennis Hauck
Mayor Kirchner presented a proclamation to Police Sergeant Dennis Hauck Laura Nicholson, representing Senator Niello and Assemblyman Gallagher, also presented a proclamation
David Morgan, from Congressman LaMalfa’s office, presented a Congressional Certificate of Recognition

2. July is Parks and Recreation Month, Proclamation
Mayor Kirchner presented a proclamation to Community Services Director, Brad McIntire, and Parks & Recreation Staff
Public Communication

3. Appearance of Interested Citizens
No public comment
Consent Calendar
Item 13 to be heard separately.

Councilmember Boomgaarden moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 4-12 and 14-15

4. Minutes from the June 20th and 29th, 2023 meeting
Approve the June 20th and 29th, 2023 meeting minutes

5. Planned Development 18 (PD 18) Zoning District associated with Tentative Subdivision Map (TSM) 23-01, West Walton Village
Adopt Ordinance 009-23 of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned Development (PD) 18 and SM 23-01 and

rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001, and waive the second reading

6. Designation of Voting Delegates for the League of California Cities Annual Conference in September 2023
Designate Mayor Wade Kirchner to serve as the Voting Delegate for the 2023 League of California Cities Annual Conference in September 2023, and designate Vice Mayor Shon Harris to serve as an alternate

7. SACOG Fund Exchange Agreement (Authorization to execute) Adopt Resolution 23-085 authorizing the City Manager to execute a Fund Exchange Agreement with the Sacramento Area Council of Governments agreeing to have federal funds be de-programmed from the Bridge Street Reconstruction Development Phase project and re-programmed to the Walton Avenue Complete Streets project

8. Anneka Sewer Replacement Project (Plans and Specifications) Adopt Resolution 23-086 adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications for the Anneka Sewer Replacement Project and authorizing advertisement for bids on the project

9. ADA Ramp and Sidewalk Improvements Project (Award Construction Contract) Adopt Resolution 23-087 awarding a construction contract to FBD Vanguard Construction, Inc. of Livermore, CA in the amount of their total base bid plus bid alternative of $347,536.00 for the ADA Ramp and Sidewalk Improvements Project

10. Wastewater Treatment Facility RAS & WAS Pump Replacement Project (Award Construction Contract)
Adopt Resolution 23-088 of the City Council of the City of Yuba City awarding a construction contract to TNT Industrial Contractors, Inc. of Sacramento, CA in the amount of their total bid of $276,760.00 (WWTF RAS/WAS Pump Replacement Project)

11. Harter Specific Plan Infrastructure Improvement Fee Adopt Resolution 23-089 modifying the timing of collection of the Harter Specific Plan Infrastructure Improvement Fee

12. Harter Estates South (Annexation #4 of property in CFD 2021-1) Adopt Resolution 23-090 annexing a certain area, Harter Estates South, within the City Limits into an existing Community Facilities District (CFD No.

2021-1) to fund municipal services, and filing said Resolution, along with the Fourth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

13. [Item voted on seperately]
Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Resolution of Intent
A. Adopt the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution Approving the Engineer’s Report, Yuba City Landscape Maintenance District No. 1
o Resolution of Intention to Order Improvements, Yuba City Landscape Maintenance District No. 1
B. Set a Public Hearing for August 15, 2023 at 6:00 PM to establish assessments for FY 2023-24

14. Consideration of a Staff Services Agreement between the City of Yuba City and the Sutter County Local Agency Formation Commission (Sutter LAFCO)
Authorize the Mayor to sign a Staff Services Agreement between the City of Yuba City and Sutter LAFCO

15. Overnight Camping Memorandum of Understanding (MOU) - 68 2nd Street, Yuba City
Adopt a Memorandum of Understanding (MOU) with the County of Sutter to provide ongoing funding for the operation of an overnight camping site for individuals experiencing homelessness at 68 2nd Street, Yuba City The motion passed with three (3) votes [Harris & Shaw absent] Business Items

16. Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Pasquale moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-093 for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties The motion passed with three (3) votes [Harris & Shaw absent]

[Councilmember Shaw arrived at 6:26PM]

17. Burned/Damaged Building Abatement
Received a staff presentation on fire damaged building abatement Presentation only. No Council Action
Item pulled from Consent Calendar:

13. Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Resolution of Intent
Recusals (2): Councilmember Boomgaarden and Councilmember Pasquale Absent (1): Vice-Mayor Harris
City Attorney advised on voting procedures without a quorum. In order to follow the Rule of Necessity (Gov. Code 87101), a coin toss was officiated by City Clerk Administrator.

Disqualified member, Councilmember Pasquale, was allowed to participate in the vote so that a quorum could be reached.

Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

A. Adopt the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution 23-091 Approving the Engineer’s Report, Yuba City Landscape Maintenance District No. 1
o Resolution 23-092 of Intention to Order Improvements, Yuba City Landscape Maintenance District No. 1
B. Set a Public Hearing for August 15, 2023 at 6:00 PM to establish assessments for FY 2023-24
The motion was passed with three (3) votes [Harris absent, Boomgaarden recused]

18. Plumas Street Improvements - Water Tower Painting and Lighting (Award Construction Contract)
Sandee Drown spoke
Natalie Severson spoke
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 23-094 which awards a Standard Agreement to Yesco Signs, LLC of Salt Lake City, UT for the re-painting, logo installation and lighting retrofit services on the Plumas Street water tower in the amount of their total bid of $390,875.37
The motion was passed with four (4) votes [Harris absent]

19. Aquifer Storage and Recovery Well Project - Consultant Award Councilmember Shaw moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-095 with the following actions:

A. Award a Professional Services Agreement to Carollo of Sacramento, CA in the amount of $2,613,830 for development of environmental documents, permits, plans and specifications, bid services, and hydro geologic and other services for the Aquifer Storage and Recovery Well Project, subject to material terms, with the finding that it is in the best interest of the City 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 C. Authorize the Finance Director to make
necessary supplemental appropriations to be reimbursed for the grant funds
The motion passed with four (4) votes [Harris absent]

20. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Public Hearing
Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Pasquale moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-096 confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 within Yuba City Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)
The motion passed with four (4) votes [Harris absent]

21. [Item continued to 8/15/23]
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) Public Hearing
Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and commercial district) Future Agenda Items

22. Future Agenda Items
No suggestions made

Reports and Communications

23. City Manager's Report

24. City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Mayor Kirchner
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council at 7:45 PM _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING

OF THE HOUSING SUCCESSOR AGENCY
JULY 25, 2023 – 5:00 PM

SUTTER ROOM/VIRTUAL
Special Closed Session Meeting
The Special Meeting of the Housing Successor Agency was called to order by Mayor Kirchner at 5:00 pm
Roll Call

Present: Mayor Kirchner, Councilmembers Boomgaarden, Pasquale and Shaw

Absent: Vice Mayor Harris
Pledge of Allegiance to the Flag
Mayor Kirchner led the pledge
Public Communication
No Public comment
Closed Session
A. Confer with real property negotiator Diana Langley pursuant to Government Code Section 54956.8 regarding possible sale of APN 51-095-020, 1483 Gray Avenue No reportable action
Adjournment
Mayor Kirchner adjourned the Special Closed Session Meeting at 5:09 PM __________________________
Wade Kirchner, Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
/js

ATTACHMENT 3

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING

OF THE HOUSING SUCCESSOR AGENCY
AUGUST 1, 2023 – 4:30 P.M.

SUTTER ROOM/VIRTUAL
Special Closed Session Meeting
The Special Meeting of the Housing Successor Agency was called to order by Mayor Kirchner at 4:30 pm
Roll Call

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

Absent: None
Pledge of Allegiance to the Flag
Councilmember Pasquale led the pledge
Public Communication
No Public Comment
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-411-016, located at 825 Jones Street, Yuba City, California; APN 52-161- 036, located at 847 Chestnut Street, Yuba City California; and APN 51-095-020, 1483 Gray Avenue, Yuba City, California
Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment No reportable action
Adjournment
Mayor Kirchner adjourned the Special Closed Session Meeting at 4:37 pm __________________________
Wade Kirchner, Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
/js

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Presentation of Investment Report - Quarter Ended June 30, 2023 Recommendation: Note & File Quarterly Investment Report Fiscal Impact: Informational item only
Purpose:

To provide information regarding the investment of City funds.

Council's Strategic Goal:

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

Background:

In accordance with the City’s adopted Investment Policies, staff prepared the attached investment report for City Council review for the previous quarter (April, May, and June 2023).

Analysis:

Portfolio Highlights:
• As of June 30, 2023, the City's overall investment portfolio (estimated market value) totaled $164,713,193, an increase of $31,514,124 from the previous quarter. • Notable transactions during the quarter that affected cash flow included:

1. Property tax and assessment receipts, $13.41 million;

2. Sales tax receipts, $4.49 million;

3. Debt service payments, various funds, $4.12 million;

4. Streets & Road rehab and construction, $1.74 million in expenditures, offset by $1.97 million in gas tax revenues and project reimbursements;

5. Franchise Fee revenues, $1.36 million;

6. SBFCA expenses, $1.00 million; offset by $7.89 million of state reimbursements and other revenues.

• The portfolio shows a “paper loss” of $3,399,620 as of June 30th. This represents the amount of value that the City would lose if it were to liquidate its entire portfolio at the end of the reporting period. However, such losses will not be realized if the investments are held until maturity (which is the City’s general investment strategy).
• The City’s portfolio is still replacing lower yield instruments with higher yields for each maturing bond in this fixed income market, and the overall portfolio yield increased compared to past quarters. The portfolio remains positioned for a higher yield environment by keeping the maturity dates of our purchases at a more neutral position, currently 1.11 weighted average years to maturity, while remaining watchful for signs of an economic shift. For the quarter ended 6/30/23, 29 investments matured or sold, partially or in whole, with an average yield of

1.34%. These funds, along with LAIF holdings, were invested in 8 instruments with an average yield of 4.29%. The Weighted Average Yield to Maturity of the City’s total investment portfolio increased from 2.40% to 3.11% for the quarter.
• The City’s cash flow needs will be met by roughly $82.3 million in liquid assets as of June 30th (approximately 50.9% of the City Held Investments portfolio value) that is currently invested in LAIF, CAMP, First American money management funds, and in the City’s Wells Fargo checking account.

Outlook: With more Fed rate hikes looming, the City remains in a moderately defensive duration position. US Treasury bonds remain a strong choice and corporate bonds/ABS are producing high yields and will be added to the portfolio as other issues mature.

Summary Overview: The City’s investment portfolio continues to remain safe and stable. Each investment continues to be in compliance with state law and the City’s formal Investment Policies. Our three primary objectives for the City’s portfolio are safety, liquidity, and then yield. With this in mind, staff continues to conservatively look for opportunities in today’s marketplace while remaining focused on our primary objectives.

Fiscal Impact:

Informational item only.

Recommendation:

Note and file the Quarterly Investment Report for the period ending June 30, 2023.

Attachments:

1. Investment Report
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

Attachment

City of Yuba City
Treasurer’s Quarterly
Investment Report
AS PRESCRIBED BY CALIFORNIA GOVERNMENT CODE SECTION 53646 June 30, 2023

City of Yuba City – Month-By-Month Comparison Report
June 30, 2023
The following table provides a comparison of the portfolio for the quarter ended December, and the previous quarters ended April, May, and June 2023.

Portfolio Comparison
9/30/2022 12/31/22 3/31/23 6/30/23
Cost Basis $144,678,104 $136,994,697 $135,883,897 $168,112,812Estimated Market Value 140,676,200 133,083,255 133,199,069 164,713,193 Unrealized Gains/(Losses) (1) (4,001,904) (3,911,442) (2,684,829) (3,399,620) Liquidity 51.49% 44.14% 43.38% 50.93% Weighted Average Years: Maturity of City Held Funds 1.06 years 1.17 years 1.24 years 1.11 years LAIF Interest Rate 1.630% 2.070% 2.074% 3.167% CAMP Interest Rate 2.610% 4.300% 4.800% 5.24% Portfolio: Weighted Average Yield to Maturity at Market 1.68% 2.02% 2.40% 3.11% CPI (Annualized) 8.2% 6.5% 5.0% 3.0% Note: (1) This represents the amount of money that the City would gain (or lose) if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains (or losses) will not be realized if the investments are held until maturity (which is the City’s historical investment strategy).

City of Yuba City – Quarterly Investment Report
June 30, 2023
Federal Home Ln Mtg

0.4%
Federal Home Loan Bank

1.9% Federal Natl Mtg Assn

1.7%
Federal Farm Credit Bank

3.4%
US Treasury Notes

26.4%
City Held Assessment
Districts/Munis

1.3%
Corporate Bonds & AssetBacked Sec.

12.9% California Asset Mgmt Program

6.8%
Local Agency Investment
Fund

38.2%
Certificates of Deposit

0.6%
Cash/Money Market

5.9%
Supranationals

0.5%
Composition of City Held Investments

City of Yuba City – Quarterly Investment Report
June 30, 2023
$-
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
$80.00
$90.00
In Millions
City Held Investment Portfolio Maturity Distribution
Cash Equiv 0-6 Months 6-12 Months 1-3 Years 3+ Years

50.9%

20.5%

20.3%

4.3% 4.0%

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) U.S. Consumer Price Index (Inflation) 06/30/23 3.000%
1 Local Agency Investment Fund (LAIF) N/A Daily 3.167% 3.167% $ 62,829,465 61,876,248 $ (953,217)2 Calif. Asset Management Program (CAMP) N/A Daily 5.240% 5.240% 10,938,754 10,938,754 -3 Wells Fargo Money Market & Checking Accts. N/A Daily (Sweep) 4.943% 4.943% 9,026,848 9,026,848 -4 First American Institutional Prime 26200630S Daily 4.840% 4.840% 480,026 480,026 -5 US Treasury Notes 91282CCN9 07/31/23 0.125% 1.009% 671,077 677,362 6,2846 Federal Home Ln Mtg 3137EAEW5 09/08/23 0.250% 0.234% 600,222 594,552 (5,670)7 Plumas Bank CD 269101799 09/17/23 0.000% 0.000% 1,046,940 1,046,940 -8 US Treasury Notes 912828T26 09/30/23 1.375% 1.742% 640,227 643,832 3,6059 Federal Farm Credit Bank 3133EMCQ3 10/13/23 0.280% 0.314% 999,000 985,070 (13,930) 10 US Treasury Notes 912828T91 10/31/23 1.625% 1.433% 302,273 296,460 (5,813)11 Federal Farm Credit Bank 3133EHN25 11/01/23 2.200% 1.842% 1,014,870 988,950 (25,920)12 US Treasury Notes 9128285P1 11/30/23 2.875% 0.615% 1,044,925 989,810 (55,115)13 US Treasury Notes 91282CBE0 01/15/24 1.250% 0.443% 695,026 680,862 (14,164)14 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 2.075% 1,049,040 985,490 (63,550)15 Federal National Mortgage Assn Notes (Fannie Mae) 3135G0V34 02/05/24 2.500% 2.600% 1,393,700 1,375,206 (18,494)16 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 3.190% 453,848 443,471 (10,377)17 US Treasury Notes 912828B66 02/15/24 2.750% 4.640% 1,124,844 1,131,129 6,28518 Schwab Charles Corp 808513BN4 03/18/24 0.000% 0.770% 84,958 82,004 (2,954)19 Federal Farm Credit Bank 3133EMBE1 03/28/24 0.300% 0.322% 1,099,175 1,057,771 (41,404)20 US Treasury Notes 912828W71 03/31/24 2.125% 1.673% 662,444 634,459 (27,985)21 Federal Home Loan Bank 3130AMQQ8 04/23/24 0.350% 0.350% 1,500,000 1,437,990 (62,010)22 US Treasury Notes 912828X70 04/30/24 2.000% 1.591% 509,004 486,115 (22,889)23 IBM Corporate Notes 459200JY8 05/15/24 3.000% 0.538% 540,180 490,841 (49,339)24 IBM Corporate Notes 459200JY8 05/15/24 3.000% 0.715% 535,390 486,489 (48,901)25 Caterpillar Mtn 14913R2L0 05/17/24 0.450% 0.497% 998,750 957,200 (41,550)26 American Honda Finance Corp Med Term Notes 02665WCZ2 06/27/24 2.400% 2.430% 249,603 242,335 (7,268)27 US Treasury Notes 912828XX3 06/30/24 2.000% 1.653% 761,191 718,111 (43,081)28 US Treasury Notes 912828XX3 06/30/24 2.000% 1.419% 1,127,113 1,063,323 (63,790)29 US Treasury Notes 912828XX3 06/30/24 2.000% 0.672% 422,578 398,662 (23,916)30 US Treasury Notes 912828XX3 06/30/24 2.000% 1.566% 815,500 769,346 (46,154)31 US Treasury Notes 91282CEX5 06/30/24 3.000% 3.200% 1,245,459 1,230,443 (15,016)32 US Treasury Notes 91282CEX5 06/30/24 3.000% 3.410% 1,092,094 1,078,927 (13,167)33 US Treasury Notes 91282CEX5 06/30/24 3.000% 3.490% 2,181,266 2,154,967 (26,299)34 US Treasury Notes 91282CEX5 06/30/24 3.000% 4.260% 2,251,215 2,224,072 (27,142)35 US Treasury Notes 91282CCL3 07/15/24 0.375% 0.409% 649,367 617,325 (32,043)36 US Treasury Notes 91282CCT6 08/15/24 0.375% 0.410% 1,198,922 1,135,308 (63,614)37 Walt Disney Co Corporate Bonds 254687FK7 08/30/24 1.750% 1.836% 273,878 263,552 (10,326)38 US Treasury Notes 912828YE4 08/31/24 1.250% 5.230% 3,436,031 3,433,644 (2,387) June, 2023

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2023
39 Darrough Drive AD 09/02/24 6.000% 6.000% 23,798 23,798 -40 Deere John Mtn 24422EVU0 09/10/24 0.625% 0.650% 89,942 85,033 (4,909)41 Toyota Motor Credit Corp 89236TJN6 09/13/24 0.625% 2.770% 522,550 519,442 (3,108)42 Caterpillar Finl Mtn 14913R2P1 09/13/24 0.600% 0.650% 224,694 212,380 (12,314)43 Inter Amer Bk Mtn 4581X0DZ8 09/23/24 0.500% 0.520% 584,567 551,158 (33,409)44 US Treasury Notes 912828YH7 09/30/24 1.500% 0.474% 154,764 143,121 (11,643)45 Federal Farm Credit Bank 3133EMCN0 10/15/24 0.400% 0.432% 948,813 890,274 (58,539)46 MBART 2021-B A3 58769KAD6 11/15/24 0.400% 0.400% 87,361 85,982 (1,379)47 California St Dept Wtr Res Cent 13067WPG1 12/01/24 2.751% 1.486% 179,348 163,919 (15,429)48 US Treasury Notes 912828YY0 12/31/24 1.750% 0.326% 1,224,795 1,101,688 (123,107)49 US Treasury Notes 912828YY0 12/31/24 1.750% 0.180% 961,945 865,258 (96,687)50 US Treasury Notes 912828YY0 12/31/24 1.750% 0.270% 1,092,426 982,623 (109,802)51 US Treasury Notes 912828YY0 12/31/24 1.750% 0.280% 955,793 859,724 (96,069)52 US Treasury Notes 912828YY0 12/31/24 1.750% 0.290% 424,031 381,411 (42,620)53 US Treasury Notes 912828YY0 12/31/24 1.750% 2.940% 387,875 348,889 (38,986)54 BMWLT 2021-2 A4 09690AAD5 01/27/25 0.430% 0.431% 369,986 359,858 (10,128)55 US Treasury Notes 91282CDZ1 02/15/25 1.500% 2.840% 337,928 330,341 (7,587)56 American Express Co Corp Note 025816CQ0 03/04/25 2.250% 2.290% 79,919 75,769 (4,150)57 John Deere Med Term Notes 24422EWB1 03/07/25 2.125% 3.030% 975,850 950,880 (24,970)58 Roche Holdings Inc. (Callable) Corporate 771196BT8 03/10/25 2.130% 2.130% 365,000 346,757 (18,243)59 Home Depot Inc Corporate Notes 437076CM2 04/15/25 2.700% 2.760% 24,956 23,978 (979)60 Bank of New York Mellon 06406RAN7 04/24/25 1.600% 0.841% 437,402 398,221 (39,181)61 US Treasury Notes 912828ZL7 04/30/25 0.375% 2.710% 838,409 828,072 (10,337)62 Cintas Corporation 17252MAP5 05/01/25 3.450% 3.460% 59,987 58,062 (1,925)63 USAA Capital Corp 90327QD89 05/01/25 3.375% 3.490% 214,297 206,486 (7,811)64 Chevron Corp New Notes 166764BW9 05/11/25 1.554% 3.200% 572,040 562,212 (9,828)65 Apple Inc. 037833BG4 05/13/25 3.200% 0.814% 436,332 386,972 (49,360)66 The Goldman Sachs Group 38148LAE6 05/22/25 3.750% 1.026% 222,856 193,032 (29,824)67 National Australia 63254ABD9 06/09/25 3.500% 3.500% 250,000 241,600 (8,400)68 National Rural Med Term Notes 63743HFE7 06/15/25 3.450% 3.460% 44,988 43,289 (1,699)69 US Treasury Notes 912828ZW3 06/30/25 0.250% 0.360% 760,884 707,792 (53,092)70 US Treasury Notes 912828ZW3 06/30/25 0.250% 3.030% 551,627 547,968 (3,659)71 JP Morgan Chase & Co 46625HMN7 07/15/25 3.900% 1.024% 450,500 389,928 (60,572)72 GMALT 2021-3 A4 36262XAD6 07/21/25 0.500% 0.501% 69,997 67,880 (2,117)73 IBM Corporate Notes 459200KS9 07/27/25 4.000% 4.000% 200,000 195,484 (4,516)74 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 0.410% 499,070 454,975 (44,095)75 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 3.050% 918,880 909,950 (8,930)76 Buttes Vista 2000-1 AD, 2013 Refunding 09/02/25 2.730% 2.730% 143,453 143,453 -77 Walmart Inc. Corporate Notes 931142EW9 09/09/25 3.900% 3.920% 164,885 162,155 (2,730)

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2023
78 Walmart Inc. Corporate Notes 931142EW9 09/09/25 3.900% 4.070% 398,160 391,568 (6,592)79 Federal Farm Credit Bank 3133ENP95 09/30/25 4.250% 4.191% 1,101,808 1,086,503 (15,305)80 United Health Group 91324PEN8 10/15/25 5.150% 5.150% 69,994 70,194 20081 National Rural Mtn 63743HFF4 10/30/25 5.450% 5.500% 64,913 65,023 11082 Citigroup Inc. Corporate Notes (Callable) 172967ND9 11/03/25 1.281% 1.281% 135,000 126,464 (8,536)83 HAROT 2021-3 A3 43815EAC8 11/18/25 0.410% 0.410% 108,534 104,462 (4,072)84 Amazon 023135CN4 12/01/25 4.600% 4.600% 624,963 620,113 (4,850)85 Bank of America Corp Notes (Callable) 06051GKE8 12/06/25 1.530% 1.530% 225,000 210,332 (14,668)86 US Treasury Notes 91282CBC4 12/31/25 0.380% 0.728% 368,965 338,014 (30,951)87 Hyundai Auto Rec TR 44934KAC8 01/15/26 0.590% 0.390% 145,282 140,587 (4,695)88 HAROT 2021-4 A3 43815GAC3 01/21/26 0.880% 0.885% 129,973 124,771 (5,201)89 Bank of America Corp F/R 06051GGZ6 01/23/26 3.366% 1.326% 219,558 191,622 (27,936)90 Morgan Stanley 61746BDZ6 01/27/26 3.875% 1.270% 224,686 193,062 (31,624)91 State Street Corp 857477BR3 02/06/26 1.746% 1.750% 65,000 60,900 (4,100)92 HART 2021-C A3 44935FAD6 05/15/26 0.740% 0.745% 99,978 96,067 (3,911)93 Carmx 2021-3 A3 14317DAC4 06/15/26 0.550% 0.550% 155,356 148,910 (6,446)94 MBART 2021-1 A3 58772WAC7 06/15/26 0.460% 0.463% 184,664 177,585 (7,079)95 TAOT 2022 A3 89239KAC5 06/15/26 0.000% 1.230% 174,970 167,641 (7,329)96 GM Fin Cons Auto Rec TR 2021 A-3 380140AC7 06/16/26 0.580% 0.480% 96,020 92,231 (3,789)97 Toyota Motor Credit Corp 89236TJK2 06/18/26 1.125% 1.204% 224,145 201,177 (22,968)98 VALET 2021-1 A3 92868KAC7 06/22/26 1.020% 1.021% 169,177 162,777 (6,400)99 COMET 2021-A1 14041NFW6 07/15/26 0.550% 0.550% 279,989 265,476 (14,512) 100 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.030% 910,781 901,952 (8,830)101 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.040% 1,274,984 1,262,624 (12,360)102 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.330% 405,545 401,613 (3,932)103 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.460% 807,785 799,954 (7,831)104 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.930% 1,998,633 1,979,257 (19,376)105 COPAR 2021-1 A3 14044CAC6 09/15/26 0.770% 0.770% 129,998 124,205 (5,793)106 TAOT 2022-B A3 89238FAD5 09/15/26 2.931% 2.931% 89,998 87,066 (2,932)107 GM Fin Cons Auto Rec TR 2021-4 A-3 362554AC1 09/16/26 0.680% 0.681% 109,997 105,056 (4,942)108 Citigroup Inc. Corporate Notes 172967NX5 09/29/26 5.610% 5.610% 150,000 149,796 (204)109 WOART 2021-D A3 98163KAC6 10/15/26 0.810% 0.813% 154,979 148,550 (6,428)110 US Treasury Notes 912828U24 11/15/26 2.000% 4.060% 857,648 855,588 (2,060)111 COMET 2021-A3 A3 14041NFY2 11/16/26 1.040% 1.043% 324,955 305,819 (19,137)112 Federal Home Loan Bank 3130AQF65 12/21/26 1.250% 4.122% 625,591 629,622 4,031113 Target Corporation 87612EBM7 01/15/27 1.950% 1.990% 39,932 36,617 (3,315)114 Microsoft Corp 594918BY9 02/06/27 3.300% 4.360% 673,813 673,155 (658)115 Berkshire Hathaway Financial Notes 084664CZ2 03/15/27 2.300% 2.690% 417,261 397,418 (19,843)116 CARMAX 2022-3 A3 14318MAD1 04/15/27 0.000% 3.970% 209,995 204,968 (5,027)117 US Treasury Notes 91282CEN7 04/15/27 2.750% 3.730% 841,572 826,569 (15,004)

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2023
118 UnitedHealth Group 91324PEG3 05/15/27 3.700% 3.710% 39,978 38,560 (1,419)119 NAROT 2022-B A3 65480JAC4 05/17/27 4.580% 4.460% 174,964 171,924 (3,040)120 US Treasury Notes 91282CFB2 07/31/27 2.750% 3.510% 2,523,016 2,485,698 (37,317)121 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.060% 1,663,799 1,639,190 (24,609)122 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.150% 2,463,805 2,427,363 (36,442)123 MBART 2022-1 A3 58768PAC8 08/16/27 5.210% 5.210% 349,931 348,397 (1,534)124 Buttes Vista 2002-1 AD, 2013 Refunding 09/02/27 2.730% 2.730% 222,720 222,720 -125 Apple Inc 037833DB3 09/12/27 2.900% 3.940% 286,863 281,505 (5,358)126 Apple Inc 037833DB3 09/12/27 2.900% 4.135% 473,730 469,175 (4,555)127 DCENT 2022-A4 A 254683CX1 10/15/27 0.001% 5.030% 239,969 238,776 (1,193)128 Pepsico 713448DY1 10/15/27 3.000% 4.238% 711,060 705,923 (5,138)129 Federal Farm Credit Bank 3133EN5N6 01/06/28 4.000% 3.891% 433,099 426,772 (6,327)130 American Honda Finance 02665WED9 01/12/28 4.700% 4.341% 608,940 595,038 (13,902)131 Bristol Myers Squibb 110122DE5 02/20/28 3.900% 4.930% 334,380 339,791 5,411132 Astrazeneca Finance 04636NAF0 03/03/28 4.875% 4.920% 324,344 324,815 471133 Mastercard 57636QAW4 03/09/28 4.875% 4.900% 324,685 328,676 3,991134 Federal Home Loan Bank 3130ATS57 03/10/28 4.500% 4.114% 1,017,260 1,009,640 (7,620)135 Nestle Holdings, Inc 641062BF0 03/14/28 5.000% 5.010% 674,825 683,512 8,687136 Home Depot Inc Corporate Notes 437076CE0 03/15/28 0.900% 4.193% 511,974 505,548 (6,426)137 Merck & Co Inc Corp Notes 58933YBH7 05/17/28 4.050% 4.070% 139,887 137,567 (2,320)138 US Treasury Notes 91282CCE9 05/31/28 1.250% 3.991% 1,228,395 1,221,178 (7,217)139 DCENT 2023-A2 A 254683CZ6 06/15/28 0.000% 4.930% 349,953 348,572 (1,381)140 DCENT 2021-A1 A1 254683CP8 09/15/28 0.580% 0.584% 249,946 235,305 (14,641)141 Staple/Ashley/Cornwell AD 09/02/30 6.000% 6.000% 77,099 77,099 -142 WWTP Solar System (DS, June 30) 06/30/33 4.000% 4.000% 1,518,318 1,518,318 - --
Total City Held Investments $ 161, 165,029,686 $ (3 630,066 $ ,399,620)

City of Yuba City Investment Report
Investments Held By Trustees
Description of Maturity Coupon Yield Estimated Unrealized No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss) 142 2013 Water Rev COP Debt Service Blackrock T-Fund Daily 5.000% 5.000% 1,412 $ 1,412 - 143 Interest Blackrock T-Fund Daily 5.000% 5.000% 0 0 -144 TABs Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.000% 5.000% 579 579 - 145 Interest Blackrock T-Fund Daily 5.000% 5.000% 8,367 8,367 -146 Interest Blackrock T-Fund Daily 0.000% 0.000% - - -147 Principal Blackrock T-Fund Daily 4.760% 4.760% 1 1 -148 Reserve Blackrock T-Fund Daily 5.000% 5.000% 0 0 -149 Reserve Assured Guaranty Daily 0.000% 0.000% 1,870,568 1,870,568 -150 Reserve Blackrock T-Fund Daily 5.000% 5.000% 485,791 485,791 -151 Gauche Park Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.000% 5.000% 666 666 - 152 Debt Service Blackrock T-Fund Daily 0.000% 0.000% - - -153 Reserve Assured Guaranty Daily 0.000% 0.000% 650,031 650,031 -154 CFD Refund 2015 Debt Service Blackrock T-Fund Daily 5.000% 5.000% 848 848 -155 Reserve Blackrock T-Fund Daily 5.000% 5.000% 43,288 43,288 -156 I-Bank Paymnt Blackrock T-Fund Daily 5.000% 5.000% 104 104 - 157 Wastewater Revenue Bonds (CREBS) - 2017 Bond Blackrock T-Fund Daily 5.000% 5.000% 402 402 -158 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 0.000% 0.000% - - 159 Bond Blackrock T-Fund Daily 4.730% 4.730% 1,038 1,038160 Project First Am Treas Obl Daily 4.730% 4.730% 20,031 20,031 Total Trustee-Held Investments $ 3,083,126 $ 3,083,126 $ - TOTAL CITY & TRUSTEE-HELD INVESTMENTS $ 168,112,812 $ 164,713,193 $ (3,399,620) Signed: Date:

Spencer Morrison, City Treasurer/s/ Spencer Morrison 7/21/2023 June, 2023
I certify to the best of my knowledge: (i) That this statement reflecting all City investments is accurate and complete; (ii) That each investment conforms with the City's investment policies,as well as California's Government Code; and (iii) That sufficient cash flow liquidity is available to meet the next six months of estimated disbursements.

Balance Balance Period
Account Types 3/31/2023 6/30/2023 Activity
City Held Investments Local Agency Investment Fund 49,784,796 $ 61,876,248 $ 12,091,451 $ California Asset Management Program 1,363,732 10,938,754 9,575,022 Cash/Money Market 5,297,792 9,506,874 4,209,082 Federal Agency Securities 12,872,878 11,847,274 (1,025,604) US Treasuries 36,061,447 42,600,040 6,538,592 Certificates of Deposit 1,046,940 1,046,940 0 Corporate Bonds and Asset Backed Sec. 20,750,870 20,871,872 121,002 City-held Assessment Districts & Municipals 2,150,993 2,149,307 (1,686) Supranationals 795,093 792,758 (2,335)
Total City Held Investments 130,124,543 $ 161,630,066 $ 31,505,524 $ Trustee Held Investments Water Refunding 2013 361 $ 1,412 $ 1,051 $ TABs Refunding - 2015 2,359,472 2,365,306 5,834 Gauche Park Refunding 650,193 650,697 504 Sunsweet CFD Refund 43,718 44,240 522 Wastewater Revenue Bonds - 2017 177 402 224Wastewater Revenue Bonds - 2018 20,605 21,070 465 Total Trustee Held Investments 3,074,526 $ 3,083,126 8,600 $ Total 133,199,069 $ 164,713,193 $ 31,514,124 $
City of Yuba City - Quarterly Investment Transaction Report June 2023 - Market Value Summary

Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis Toyota Auto Rec Owner Trust 04/17/23 11/15/24 04/15/23 Sale 1.880% 0.920% 34,524.56 Mercedes Benz Auto Receivables 04/17/23 06/15/26 04/15/23 Sale 0.460% 0.463% 5,828.57CARMAX Auto Rec Owner Trust 04/17/23 06/15/26 04/16/23 Sale 0.550% 0.550% 9,975.60GM Fin Cons Auto Receivables 04/17/23 06/16/26 04/16/23 Sale 0.480% 0.480% 6,358.94Hyundai Auto Rec Owner Trust 04/17/23 01/15/26 04/15/23 Sale 0.380% 0.380% 11,710.03Mercedes Benz Auto Receivables 04/17/23 11/15/24 04/15/23 Sale 0.400% 0.400% 9,808.27Honda Auto Rec Owner Trust 04/18/23 11/18/25 04/18/23 Sale 0.410% 0.410% 5,957.85 US Treasury Notes Citigroup Global Markets, Inc. 05/09/23 02/15/24 05/05/23 Sale 2.750% 4.270% 2,461,035.16 American Honda MTN 05/10/23 05/10/23 05/10/23 Matured 1.950% 1.770% 502,780.00Toyota Auto Rec Owner Trust 05/15/23 11/15/24 05/15/23 Sale 1.880% 0.920% 29,276.71 CARMAX Auto Rec Owner Trust 05/15/23 06/15/26 05/15/23 Sale 0.550% 0.550% 84,686.52 Hyundai Auto Rec Owner Trust 05/15/23 01/15/26 05/15/23 Sale 0.380% 0.380% 11,069.86Mercedes Benz Auto Receivables 05/15/23 11/15/24 05/15/23 Sale 5.210% 5.210% 9,593.82Mercedes Benz Auto Receivables 05/15/23 06/15/26 05/15/23 Sale 0.460% 0.460% 11,648.86US Treasury Notes Bank of Montreal 05/15/23 02/15/24 05/08/23 Sale 2.750% 4.640% 49,210.94GM Fin Cons Auto Receivables 05/16/23 06/16/26 05/16/23 Sale 0.480% 0.480% 5,857.23Honda Auto Rec Owner Trust 05/18/23 11/18/25 05/18/23 Sale 0.410% 0.410% 7,644.62US Treasury Notes 05/31/23 05/31/23 05/31/23 Matured 1.625% 1.870% 247,695.00 Federal Home Loan Bank 06/09/23 06/09/23 06/09/23 Matured 2.125% 1.796% 1,012,500.00 US Treasury Notes Bank of Montreal 06/12/23 06/30/24 06/09/23 Sale 3.000% 3.410% 1,369,046.88 Toyota Auto Rec Owner Trust 06/15/23 11/15/24 06/15/23 Matured 1.880% 1.880% 173,661.00 CARMAX Auto Rec Owner Trust 06/15/23 06/15/26 06/15/23 Sale 0.550% 0.550% 8,795.90Hyundai Auto Rec Owner Trust 06/15/23 01/15/26 06/15/23 Sale 0.380% 0.380% 10,690.84Mercedes Benz Auto Receivables 06/15/23 11/15/24 06/15/23 Sale 0.400% 0.400% 11,869.15 Mercedes Benz Auto Receivables 06/15/23 06/15/26 06/15/23 Sale 0.460% 0.460% 12,834.06 GM Fin Cons Auto Receivables 06/16/23 06/16/26 06/16/23 Sale 0.480% 0.480% 6,125.82 Honda Auto Rec Owner Trust 06/20/23 11/18/25 06/18/23 Sale 0.410% 0.410% 7,861.91 Volkswagon Auto Loan Receivables 06/20/23 06/22/26 06/20/23 Sale 1.020% 1.020% 816.45 US Treasury Notes Bank of Montreal 06/28/23 06/30/24 06/21/23 Sale 3.000% 3.410% 342,275.39 $ 6,461,140
American Honda MTN Jefferies Jersey City 05/11/23 01/12/28 05/09/23 Buy 4.700% 4.341% 608,940.00 US Treasury Notes Citigroup Global Markets, Inc. 05/09/23 07/31/27 05/05/23 Buy 2.750% 3.510% 2,523,015.63Merck Co, Inc. Citigroup Global Markets, Inc. 05/17/23 05/17/28 05/08/23 Buy 4.050% 4.070% 139,886.60 US Treasury Notes Goldman Sachs NY 06/09/23 05/31/28 06/07/23 Buy 1.250% 3.991% 1,228,395.32US Treasury Notes Citigroup Global Markets, Inc. 06/12/23 07/31/27 06/09/23 Buy 2.750% 4.060% 1,663,798.83US Treasury Notes Bank of Montreal 06/20/23 08/31/24 06/16/23 Buy 1.250% 5.230% 3,436,031.25US Treasury Notes Citigroup Global Markets, Inc. 06/20/23 07/31/27 06/16/23 Buy 2.750% 4.150% 2,463,804.69 Discover Card BofA Securities, Inc. 06/28/23 06/15/28 06/21/23 Buy 0.000% 4.930% 349,952.72 Total Purchases $ 12,413,825
Investment Activity
April, May, June 2023

SALES/REDEMPTIONS
Total Sales/Redemptions

PURCHASES

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Emergency Purchase of One (1) Ford Three-Quarter Ton Utility-Bed Pickup Recommendation: A. Adopt a Resolution to award the purchase of one (1) Ford three-quarter ton utility-bed pickup to Geweke Ford of Yuba City, CA, in the not-to-exceed amount of $48,615.28 and authorizing the purchase of necessary equipment and decals to place the vehicle in service, estimated at $5,000.00 by finding that it is in the best interest of the City to do so
B. Authorize the Finance Director to make a supplemental appropriation of $36,815.28 in the Vehicle Replacement Fund
Fiscal Impact: This emergency purchase totaled $53,615.28 for vehicles already in the Vehicle Replacement Plan and funds are available in the Vehicle Replacement Fund, account number 6610-69410, including equipment and set up.

Purpose:

Purchase of one (1) new vehicle for Facilities Maintenance.

Council's Strategic Goal:

This purchase supports the City Council priority of fiscal responsibility.

Background:

Each year Fleet Maintenance staff reviews the City’s vehicles to determine which are recommended for replacement. This is done by reviewing the age of the vehicle, amount of miles on the vehicle and the anticipated maintenance cost if the vehicle remains in service. For the 2021/22 fiscal year, Council approved the use of Enterprise Fleet Management to execute a leasing plan for vehicle replacement with the intention of buying at national fleet pricing and selling after a few years, at market rate, while the vehicle still has a high equity value. Advantages to such a program include a newer, more efficient, and safer fleet, and a reduced cost. Staff could not have predicted the supply-chain-related issues that would plague the entire automobile industry and effectively halt production later that same fiscal year.

Pickups are very difficult to come by, still, today.

Initially, as the City has added a maintenance worker to better upkeep the City’s aging facilities, the

plan was to borrow a heavy-duty vehicle from other departments, knowing that in the next vehicle order the City could acquire the appropriate maintenance vehicle. Again, City staff could not have predicted the halt to automobile production and subsequent supply-chain issues.

Analysis:

With the difficulty in finding suitable vehicles to replace the worst of the City’s fleet, and per Council direction, the City Manager and Finance Director have authorized fleet staff to make emergency purchases of vehicles meeting the City’s specifications that become available on a case-by-case basis, after consulting with both the City Manager and the Finance Director, and when funds are existing in the City’s Vehicle Replacement Plan. It is still the City’s intention to move to a leasing program, and have many vehicles on order with major manufacturers, however the urgency to keep our fleet operational will delay implementation. The estimated annual lease payment for this vehicle as listed in the adopted capital acquisitions section of the FY 23-24 budget is $36,815.28 less than the total, outright purchase amount and this purchase will require additional budget appropriation in the Vehicle Replacement Fund.

Fiscal Impact:

This emergency purchase totaled $53,615.28 for vehicles already in the Vehicle Replacement Plan and funds are available in the Vehicle Replacement Fund, account number 6610-69410, including equipment and set up.

Alternatives:

1. Sell the purchased vehicle for very little loss and wait for orders from a major manufacturer to be filled in FY 2024-25, or after.

Recommendation:

A. Adopt a Resolution to award the purchase of one (1) Ford three-quarter ton utility-bed pickup to Geweke Ford of Yuba City, CA, in the not-to-exceed amount of $48,615.28 and authorizing the purchase of necessary equipment and decals to place the vehicle in service, estimated at $5,000.00 by finding that it is in the best interest of the City to do so B. Authorize the Finance Director to make a supplemental appropriation of $36,815.28 in the Vehicle Replacement Fund
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 AUTHORIZING THE EMERGENCY PURCHASE OF ONE THREE-QUARTER TON UTILITYBED PICKUP WHEREAS, the Fleet Maintenance staff reviews the City’s vehicles to determine which are recommended for replacement. This is done by reviewing the age of the vehicle, amount of miles on the vehicle and the anticipated maintenance cost if the vehicle remains in service; and WHEREAS, City Council approved the use of Enterprise Fleet Management in FY 2021-22 to execute a leasing plan for vehicle replacement with the intention of buying at national fleet pricing and selling after a few years, at market rate, while the vehicle still has a high equity value; and WHEREAS, City staff could not have predicted the supply-chain-related issues that would plague the entire automobile industry and effectively halt production later that same fiscal year making pickups especially difficult to purchase; and
WHEREAS, the City has several, aging vehicles that are becoming very costly to operate due to frequent breakdowns and parts availability;
WHEREAS, with the difficulty in finding suitable vehicles to replace the worst of the City’s fleet, the City Manager has authorized, per section 9.4 of the Purchasing Policy, fleet staff to make emergency purchases of vehicles meeting the City’s specifications that become available on a case-by-case basis, when funds are existing in the City’s Vehicle Replacement Plan.

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

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

The City Council finds that a sole source award is appropriate on the grounds that the current significant supply-chain issues have made it very difficult to obtain pickups through Enterprise Fleet Management and Geweke Ford has the pickups available.

The City Council hereby authorizes the purchase of one (1) Ford three-quarter ton utility-bed pickup to Geweke Ford of Yuba City, CA in the not-to-exceed amount of $48,615.28, with the finding that it is in the best interest of the City.

The City Council hereby authorizes the purchase of necessary equipment and decals to place the vehicles in service, estimated at $5,000.

The City Council hereby authorizes the Finance Director to make a supplemental appropriation to the Vehicle Replacement Fund in the amount of $36,815.28.

This resolution shall become effective immediately.

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 15th day of August 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________
Shannon Chaffin, Esq.

Aleshire & Wynder, LLP

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Brent Slade, Lieutenant
Summary
Subject: FB 24-01 Chevrolet Tahoe Pursuit Purchase
Recommendation: A. Adopt a Resolution awarding the purchase of ten (10) Chevrolet Tahoe Pursuit Vehicles to Winner Chevrolet, Inc in the amount of $573,070.62 . Sole source equipment purchases and install to Cop Shop Installations of Yuba City, CA for the estimated amount of $223,548.30
B. Authorize the Finance Director to record a supplemental budget appropriation for the Vehicle Replacement Fund (6610-69401) for $50,620 for the purchase of the ten (10) Chevrolet Tahoe Pursuit Vehicles in the total amount $796,618.92 Fiscal Impact: $573,070.62 for the vehicles plus an additional $223,548.30 for the equipment and installation. Funding is available in the Vehicle Replacement Fund Account# 6610-69401.

Purpose:

Purchase ten (10) Chevrolet Tahoe Police Pursuit Vehicles Council's Strategic Goal:

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

Background:

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

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

Analysis:

A formal bid was developed and advertised according to the City's ordnances. Bid notifications were

issued to nine (9) vendors throughout California and the following bids were received:

Vendors Price
Winner Chevrolet, Inc $573,070.62 (original bid)
Elk Grove, CA

Wheeler Auto Center $604,535.30
Yuba City, CA
For fiscal year 23/24 the police department opted to replace and purchase a two-year cycle worth of patrol vehicles due to the extended period it takes to take possession of these vehicles. In May 2022 five (5) Chevrolet Tahoe Police Pursuit Vehicles were approved for purchase by City Council (FB22- 07). Since the order was placed, the police department still has not taken possession of these five (5) Chevrolet Tahoe Police Pursuit Vehicles at this point in time.

In July, staff received notification from General Motors that the deadline to order 2024 police vehicles will be September 07, 2023 and the ordering period will be for only one day. If vehicles are not ordered by then, there will be an approximate one-year waiting period until 2025 when vehicles can be ordered. There are several downsides to this option. First being a potential price increase for the individual police vehicles. Second, the department had to postpone the purchase of four (4) Tahoe Police Pursuit vehicles in 2021 due to General Motors halting manufacturing of the Chevrolet Tahoe Police Pursuit vehicles until July 2022. Lastly, the cost of maintenance and repairs will significantly increase past the life expectancy of the current fleet of vehicles needing replacement. According to Fleet Maintenance staff, the current fleet of patrol vehicles is in desperate need of replacement and maintenance costs are ever increasing due to the significant mileage and engine hours on the aging fleet.

Patrol Unit 19-11 was totaled as a result of a collision that occurred in 2021. Since that time, the Police Department has been without that vehicle or a replacement. Finance Staff received a total payment amount of $51,432.55 from Farmers Insurance as a payout from the collision. This amount includes the replacement and installation of the damaged equipment caused by the collision. This vehicle was authorized by the city council (FB22-07) to replace but due to time constraints during the ordering process, GM did not accept the order because it was past the order due date. This vehicle is included as one of the ten vehicles being requested to purchase.

Due to budgetary constraints over the years, the Police Department has historically had to use decommissioned patrol vehicles as School Resource Officer vehicles. Decommissioned patrol vehicles are not budgeted for maintenance, thus putting a strain on the maintenance budget for those two current vehicles being utilized (14-14 and 15-11). It is no longer cost-effective to continue utilizing decommissioned patrol vehicles as replacement vehicles for School Resource Officers. The typical replacement of patrol vehicles is four years, but with the purchase of the two School Resource vehicles, we will be able to extend the replacement period to eight years based on the projected mileage accumulation, which also contributes to cost-savings for the city.

Police Department staff spoke with several Chevrolet vendors prior to the bidding process and were told that GM was not releasing pricing on the Chevrolet Tahoe Police Pursuit Vehicles until the last week of August 2023 with a one-day order date of September 07, 2023. Based on these circumstances, vendors that submitted bids had to submit estimated prices that would not exceed the pricing submitted in the bid. In order to meet the deadline for the one-day order date of September 7, 2023 the bid process had to be completed before the August 15, 2023 council meeting to ensure the deadlines were met and the departments involved had adequate time to prepare for the purchase of

these vehicles.

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

Fiscal Impact:
$573,070.62 for the vehicles plus an additional $223,548.30 for the equipment and installation.

Funding is available in the Vehicle Replacement Fund Account# 6610-69401.

Alternatives:

1. Reject the bid

2. Request new bid process

3. Do not purchase replacement vehicles
Recommendation:

A. After utilizing the Formal Bid Process, authorize the City Manager to award a contract to Winner Chevrolet, Inc., Elk Grove, Ca. for ten (10) 2WD Chevrolet Tahoe Police Pursuit vehicles for an amount not to exceed $573,070.62. Also, sole source the equipment purchases and installation to Cop Shop Installations of Yuba City, Ca. in the estimated amount of $223,548.30.

B. Authorize the Finance Director to record a supplemental budget appropriation for the Vehicle Replacement Fund (6610-69401) for $50,620 for the purchase of the ten (10) Chevrolet Tahoe Pursuit Vehicles in the total amount $796,618.92.

Attachments:

1. RESOLUTION

2. WINNER CHEVROLET INC. BID

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

Brent Slade
Police Lieutenant
Diana Langley
City Manager

Agenda Item
ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF TEN (10) CHEVROLET TAHOE POLICE VEHICLES TO WINNER CHEVROLET INC. AND AUTHORIZING THE SOLE

SOURCE PURCHASE AND INSTALLATION OF VEHICLE EQUIPMENT TO

COP SHOP INSTALLATIONS
WHEREAS, the City issued a Formal Bid on July 19, 2023, to award a contract to the lowest, most responsive vendor to provide ten (10) Chevrolet Tahoe Police vehicles; and WHEREAS, the City received two bids at the time of the bid opening and staff recommend awarding the purchase of the ten (10) Chevrolet Tahoe Police vehicles to, Winner Chevrolet Inc., of Elk Grove, CA; and
WHEREAS, the City intends to sole source the purchase and installation of the required vehicle equipment to Cop Shop Installations of Yuba City, CA due to a special situation; and WHEREAS, Cop Shop Installations has historically provided the most satisfactory work at the most reasonable hourly work rate, thus leading to the most favorable pricing in the area; and, WHEREAS, the City recommends sole sourcing the purchase and installation of vehicle equipment to Cop Shop Installations of Yuba City, CA; and WHEREAS, the City has met the special situation requirement to sole source the equipment purchase and installation pursuant to the City Purchasing Policies section 9-3; and, WHEREAS, the City desires to authorize the sole source purchase of the equipment and installation for the Chevrolet Tahoe Police vehicles from Cop Shop Installations with the finding that it is in the best interest of the City.

WHEREAS, the city desires to authorize the Finance Director to make a supplemental budget appropriation for the Vehicle Replacement Fund in the amount of $50,620.

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

1. The City Council of Yuba City finds that Winner Chevrolet Inc. provided a bid at a fair and reasonable cost. The City Council hereby authorizes the City Manager to purchase the ten (10) Chevrolet Tahoe Police vehicles from Winner Chevrolet Inc. in the amount not to exceed $573,070.62, without additional written consent from the City, subject to approval as to legal form by the City Attorney.

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

and the proposed negotiated prices are reasonable as well. As such, the City Council approves the purchase of equipment for the vehicles to Cop Shop Installations of Yuba City in the amount of $223,548.30 and authorizes the City Manager to enter into an agreement for the same, subject to approval as to legal form by the City Attorney.

3. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Brian Hansen, IT Manager
Summary
Subject: Accela Renewal Agreement
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a five-year agreement with Accela, Inc. of San Ramon, CA in the amount of $428,120.93 with the finding that it is in the best interest of the City Fiscal Impact: $428,120.93 over the next 5 years. Year 1 appropriations are available in the current budget.

Purpose:

To provide software licenses for the Accela Civic Platform in order to support Business Licenses, Building Permits, Code Enforcement, and Fire Permits.

Council's Strategic Goal:

This item addresses City Council's Strategic Goal of fiscal responsibility by securing fixed costs for the software licenses over the next five years so that the Council and staff can properly budget for the costs of these operations.

Background:

Presenting a high quality, professional user experience to our citizens for online services has been a priority for the City Council as well as City staff. In 2015, Council made it a priority to provide online permitting and plan review. In 2016, Council approved the purchase of the Accela Civic Platform for online permitting and business licenses. Over the last couple of years, the City has added code enforcement and fire permits to this application. The City continues to add functionality and new modules to this system, increasing the importance of this platform. To this point, the City has only signed one-year renewals.

Analysis:

Staff was notified by Accela, Inc. representatives that the cost for the yearly software license would be increasing due to economic conditions. Staff was provided a quote for a five-year renewal that would stabilize the year-to-year costs and save the City money over the term of the agreement. Staff requested additional one-year and three-year quotes to verify that the five-year agreement was the

most cost effective for the City.

Fiscal Impact:
$428,120.93 over the next 5 years. Year 1 appropriations are available in the current budget.

Year 1 - $77,479.10
Year 2 - $81,353.05
Year 3 - $85,420.71
Year 4 - $89,691.74
Year 5 - $94,179.33
Alternatives:

1. Authorize City Manager to enter into three-year agreement for $251,414.11

2. Authorize City Manager to enter into one-year agreement for $78,954.89 Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a five-year agreement with Accela, Inc. of San Ramon, CA in the amount of $428,120.93 with the finding that it is in the best interest of the City.

Attachments:

1. Accela Renewal Agreement - Resolution
Prepared By: Submitted By:

Brian Hansen
IT Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR AGREEMENT WITH ACCELA, INC. OF SAN RAMON, CA IN THE AMOUNT OF $428,120.93 WHEREAS, the City of Yuba City desires to renew software licenses for the Accela Civic Platform in order to support Business Licenses, Building Permits, Code Enforcement, and Fire Permits; and
WHEREAS, the existing system was procured in 2016 and continues to serve the needs of city departments and the public; and
WHEREAS, Accela, Inc. has provided an agreement to provide user licenses for the Accela Civic Platform for the next five years; and
WHEREAS, the City desires to authorize the City Manager to enter into a five-year agreement with Accela, Inc. of San Ramon, CA in the amount of $428,120.93.

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

1. The City Council finds that an agreement with Accela, Inc. is appropriate on grounds including its demonstrated functionality, continuous improvement, ease of use, and fair and reasonable costs. As such, the City Council finds that it is in the best interest of the City to enter into a fiveyear agreement with Accela, Inc. for user licenses to the Accela Civic Platform.

2. The City Council hereby authorizes the City Manager to enter into a five-year agreement with Accela, Inc. of San Ramon, CA in the amount of $428,120.93 with the finding that it is in the best interest of the City.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

A. Accela Renewal Order Form

EXHIBIT A

2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Chanelle Dam
Contact Phone:

Contact Email: [email protected]
Quote ID: Q-30746
Valid Through: 7/22/2023
Currency: USD
_______________________________________________________________________________________ Renewal Order Form
Address Information
Bill To: Ship To:

Yuba City Development Services, CA Yuba City Development Services, CA 1201 Civic Center Blvd.

Yuba City, California 95993
United States
1201 Civic Center Blvd.

Yuba City, California 95993
United States
Billing Name:

Billing Phone:

Billing Email:
_______________________________________________________________________________________ Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 1 7/29/2023 7/28/2024 12 $2,979.97 26 $77,479.10
TOTAL: $77,479.10
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 2 7/29/2024 7/28/2025 12 $3,128.96 26 $81,353.05
TOTAL: $81,353.05
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 3 7/29/2025 7/28/2026 12 $3,285.41 26 $85,420.71
TOTAL: $85,420.71
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 4 7/29/2026 7/28/2027 12 $3,449.68 26 $89,691.74
TOTAL: $89,691.74
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 5 7/29/2027 7/28/2028 12 $3,622.17 26 $94,176.33
TOTAL: $94,176.33
Pricing Summary
Period Net Total
Year 1 $ 77,479.10
Year 2 $ 81,353.05
Year 3 $ 85,420.71
Year 4 $ 89,691.74
Year 5 $ 94,176.33

Quote Number:Q-30746-1 Print Date:6/22/2023

Total $ 428,120.93
Quote Number:Q-30746-1 Print Date:6/22/2023

Renewal Terms/Information:

General Information
Governing
Agreement(s)
This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela’s delivery of the software hosted and/or supported;.

Order Duration Unless otherwise specified in the Special Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases. • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.

Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.

Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.

Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.

Service Charge Pricing is based upon payment by ACH or check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%.

There is no service charge for ACH or check payment.

Special
Payment
Terms
None unless otherwise specified in this location.

Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

PO#
Quote Number:Q-30746-1 Print Date:6/22/2023

Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Quote Number:Q-30746-1 Print Date:6/22/2023

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Yuba City Firefighters' Local 3793 Memorandum of Understanding (MOU) Recommendation: Adopt a Resolution:

A. Approving the Memorandum of Understanding with Yuba City Firefighters' Local 3793
B. Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments
Fiscal Impact: The proposed changes will result in a net increase in cost of $232,483 for FY23/24.

Purpose:

To approve the Yuba City Firefighters' Local 3793 Memorandum of Understanding (MOU) which includes a wage increase of 3.25% effective July 1, 2023, updates wage re-openers to January 2025, May 2025, May 2026, and language clean up in the dental and vision plan section of the MOU.

Council's Strategic Goal:

The Memorandum of Understanding addresses the City Council's Strategic Goal of Public Safety.

Background:

Local 3793's Memorandum of Understanding (MOU) was recently approved at the June 20, 2023 City Council meeting and has a four-year term from July 1, 2023 to June 25, 2027. The City and Local 3793 had previously agreed to discuss a wage re-opener for FY 23/24. When the MOU was approved in June, the City and Local 3793 had not begun meeting to discuss the wage re-opener for FY 23/24.

Analysis:

The City and Local 3793 met once to discuss the wage re-opener for FY 23/24 and have agreed to a Memorandum of Understanding that includes the following items:

1. MOU, 5.1, Salary Increases: Effective July 1, 2023, all classifications will receive a three and one quarter percent (3.25%) salary increase and;

2. MOU, 5.2, Wage Reopener: Agreement on wage re-openers in January 2025, May 2025, and May 2026 and;

3. MOU, 7.2, Dental and Vision Plans: Administrative clean up language in the dental and vision plan section.

Fiscal Impact:

The proposed changes will result in a net increase in cost of $232,483 for FY23/24.

Alternatives:

1. Do not approve Firefighters' Local 3793 Memorandum of Understanding which will result in no wage increase for Local 3793 and no change in the dental/vision language and wage re-opener dates. If this occurs, Staff will require direction to address next steps with Local 3793.

Recommendation:

Adopt a Resolution:

A) Approving the Memorandum of Understanding with the Yuba City Firefighters Local 3793.

B) Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments.

Attachments:

1. Resolution

2. Local 3793 MOU

3. Salary Schedule
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE YUBA CITY FIREFIGHTERS, LOCAL 3793

MEMORANDUM OF UNDERSTANDING
JULY 1, 2023 – JUNE 30, 2027
WHEREAS, the City recognizes the Local 3793’s commitment to the City and its citizens while providing outstanding and dedicated service to all and; WHEREAS, City staff and Local 3793 met and conferred over the FY 23/24 wage reopener and;

WHEREAS, the City appreciates the efforts and energy the Local 3793 have put forth to finalize this wage reopener and other MOU terms.

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

Approve the attached Local 3793 Memorandum of Understanding, which includes the following terms:

1. MOU, 5.1, Salary Increases: Effective July 1, 2023, all classifications will receive a three and one quarter percent (3.25%) salary increase and;

2. MOU, 5.2, Wage Reopener: Agreement on wage re-openers in January 2025, May 2025, and May 2026 and;

3. MOU, 7.2, Dental and Vision Plans: Administrative clean up language in the dental and vision plan section.

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 15th day of August 2023.

AYES:

NOES:

ABSENT:
_________________________
Wade Kirchner, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Stacey Sheston, Special Counsel
Best Best & Krieger, LLP

ATTACHMENT 2

Memorandum of understanding
Between
The City of Yuba City
And
The Yuba City Firefighters' Local 3793
July 1, 2023, through June 25, 2027

i
Table of Contents
PREAMBLE...................................................................................................................................1 ARTICLE 1. RECOGNITION ......................................................................................................1 ARTICLE 2. FULL UNDERSTANDING ....................................................................................1 ARTICLE 3. MANAGEMENT RIGHTS .....................................................................................1 ARTICLE 4. UNION RIGHTS......................................................................................................2 ARTICLE 5. WAGEs....................................................................................................................2

5.1Salary Increases..............................................................................................................2

5.2Wage Reopener...............................................................................................................2

5.3Salary Progression.........................................................................................................2

5.4Fire Prevention ................................................................................................................3

5.5Supervisor Premium ......................................................................................................3

5.6Fire Apparatus Operator Premium.............................................................................3

5.7Fire Protection Employees ...........................................................................................3

5.8Fire Safety Inspectors....................................................................................................4

5.9Bilingual Pay ....................................................................................................................4 ARTICLE 6. VACATION..............................................................................................................4 ARTICLE 7. HEALTH, DENTAL, VISION AND LIFE INSURANCE....................................4

7.1Health Plans......................................................................................................................4

7.2Dental and Vision Plans ................................................................................................5

7.3Claims Administrator.....................................................................................................6

7.4Life Insurance ..................................................................................................................6

7.5Employee Assistance Program...................................................................................6

7.6Post Employment Health Benefits..............................................................................6

7.7Tuition Reimbursement.................................................................................................6

ii
ARTICLE 8. MEDICAL EXAMINATION AND WELLNESS STANDARD PROGRAMS..7 ARTICLE 9. CERTIFICATIONS.................................................................................................7 ARTICLE 10. LEAVE DONATION PROGRAM.......................................................................7 ARTICLE 11. COUNSELING MEMORANDUM ......................................................................7 ARTICLE 12. FLOATING HOLIDAYS ......................................................................................7 ARTICLE 13. VACATION LEAVE.............................................................................................7 ARTICLE 14. PERSONAL LEAVE............................................................................................7 ARTICLE 15. SHIFT TRADES ...................................................................................................7 ARTICLE 16. SHIFT BIDDING...................................................................................................8 ARTICLE 17. SPECIAL ASSIGNMENTS.................................................................................8 ARTICLE 18. RETIREMENT ......................................................................................................8

18.1 Retirement Terminology..........................................................................................8

18.2 Fire Safety Member Retirement Formulas .........................................................9 ARTICLE 19. ANNUAL HEALTH ASSESSMENTS...............................................................9 ARTICLE 20. TEMPORARY EMPLOYEES...........................................................................10 ARTICLE 21. LEAVE CONVERSION RATES ......................................................................10 ARTICLE 22. REVIEW OF PERFORMANCE EVALUATION ............................................10 ARTICLE 23. GRIEVANCE PROCEDURE............................................................................11 ARTICLE 24. NOTICE OF MEET AND CONFER.................................................................11 ARTICLE 25. DMV LICENSE EXAMINATION......................................................................11 ARTICLE 26. REDUCTION IN PAY ........................................................................................11 ARTICLE 27. CALLBACK ........................................................................................................11 ARTICLE 28. LIMITATION ON CONSECUTIVE HOURS WORKED................................11 ARTICLE 29. TERM OF AGREEMENT..................................................................................12 Exhibit A – Salary schedule .............................................................................................13

iii
Exhibit B – Catastrophic Illness and Injury Donation Plan......................................14 Exhibit C – Counseling Memo Policy ............................................................................15 Exhibit D – Medical Tests..................................................................................................16 Exhibit E –Allocation of Specified Accrued but Unused Leave .............................17

1 PREAMBLE
This Agreement between the City of Yuba City (City) and the Yuba City Firefighters’ Local 3793 (Union), has as its purpose, the promotion of harmonious labor relations between the City and the Union and the establishment of rates of pay, hours of work, and other terms and conditions of employment.

ARTICLE 1. RECOGNITION
The City recognizes the Union as the exclusive representative and bargaining agent for all regular permanent Fire Department employees in the Firefighter, Fire Inspector, Apparatus Operator., and Fire Captain classifications and all limited-term SAFER Grant employees in the classifications of Fire Recruit and Firefighter I. The City agrees to meet and confer with the designated representatives of the Union on all matters subject to meet and confer pursuant to the Meyers-Milias-Brown Act (Government. Code section 3500 et seq.).

ARTICLE 2. FULL UNDERSTANDING
This Agreement represents the full and complete understanding between the parties, that may not be modified unless by mutual consent in writing.

ARTICLE 3. MANAGEMENT RIGHTS
The exclusive rights to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means organizational structure and size composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all of the City functions including, but not limited to, the right to contract for, or subcontract and work, or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City Council, on its own behalf and on behalf of the City, herby retain and reserve unto itself all

2 rights, power, authority, duty, responsibility, and obligations confirmed on and vested in it by the laws and Constitution of the State of California and the United States of America.

ARTICLE 4. UNION RIGHTS
Employee representatives of Local 3793 are provided reasonable time off without loss of compensation or other benefits when formally meeting with representatives of the public agency on matters within the scope of representation.

The Union has access to interoffice mail, existing bulletin boards, e-mail, and computers in the department employee work areas, for the purpose of posting, transmitting, or distributing notices or announcements that pertain to Union office business. Such permission is given with the understanding that no political inflammatory or derogative information will be distributed. All usage shall be subject to the City Computer and E-mail Usage Policy.

ARTICLE 5. WAGES

5.1 Salary Increases
Effective July 1, 2023, all classifications will receive a three and one quarter percent (3.25%) salary increase.

5.2 Wage Reopener
The parties agree to a reopener to discuss the City’s financial position no later than the end of January 2025 on the issue of base wages, to determine if an agreement can be reached on wage increases only with any changes to be effective the first full pay period in January 2025, unless otherwise agreed.

The parties agree to reopen to discuss the City’s financial position no later than the end of May 2025 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 2025, unless agreed otherwise.

The parties agree to reopen to discuss the City’s financial position no later than the end of May 2026 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 2026, unless agreed otherwise.

If the parties cannot agree on a wage increase during a reopener, there will be no salary adjustment for that year.

5.3 Salary Progression
All represented classifications (regular-permanent and limited-term employees) follow the salary step progression and salary schedule for each bargaining unit classification (Exhibit

3 A) regardless of position status, i.e. regular-permanent or limited-term. This provision does not limit the City's ability to hire limited-term employees.

5.4 Fire Prevention
Fire Captains who are routinely and consistently assigned to Fire Prevention will receive Fire Prevention Assignment Premium of five percent (5.0%) of their base hourly rate.

5.5 Supervisor Premium
Employees routinely and consistently assigned by the Fire Chief or Designee to supervise a shift in the absence of a Fire Captain or Battalion Chief receive Supervisor Premium of seven and a half percent (7.5%) of their base hourly rate of pay for those hours worked as a supervisor.

5.6 Fire Apparatus Operator Premium
Firefighters routinely and consistently assigned by the Fire Chief or Designee to operate the Fire Apparatus in the absence of a Fire Apparatus Operator receive Special Equipment Operator Premium of seven and a half percent (7.5%) of their base hourly rate of pay for those hours operating the Fire Apparatus.

5.7 Fire Protection Employees
a. FLSA Work Period
All eligible fire protection employees, regardless of rank, are subject to an FLSA work period that is twenty-eight (28) days in length with an FLSA overtime threshold of 212 hours, pursuant to 29 U.S.C. section 207(k).
b. Salary Smoothing
Eligible fire protection employees will receive their normal annual salary paid evenly over twenty-six (26) pay periods. Therefore, employees will be paid for one hundred and twelve (112) hours at their straight-time hourly rate of pay on each paycheck and six (6) hours at half (1/2) their FLSA regular rate of pay on each paycheck of the FLSA work period. c. Work Schedule
The normal work day begins at 8:00 a.m. and shall consist of twenty-four (24) consecutive hours. Employees work a “48/96” schedule, meaning two (2) days on duty, followed by four (4) days off-duty.
d. Overtime
Overtime refers to hours worked that exceed two hundred and twelve (212) hours in the 28-day work period. Overtime hours are paid at a premium rate of time and one-half the

4 FLSA regular rate of pay. All paid time counts towards the calculation of overtime.

Overtime must be authorized in advance by the Fire Chief or designee.

5.8 Fire Safety Inspectors
Employees who work in excess of forty (40) hours in the designated 7-day work period will receive overtime at the rate of one and a half (1-1/2) times their regular rate of pay.

The employee may choose to receive a cash payment or Compensatory Time Off (CTO).

An employee may accrue a maximum of one hundred twenty (120) hours of CTO. Upon separation, the employee will receive payment for their remaining CTO hours at their current regular rate of pay.

5.9 Bilingual Pay
Employees proficient in speaking a foreign language receive one hundred dollars ($100.00) per month for bilingual pay. The method of certifying proficiency and determination of which languages are covered is determined by the City.

ARTICLE 6. VACATION
Employees accrue vacation as follows:

For 56-hour employees:

Months of Service Bi-weekly Accrual Max Accrual
0 to 60 6.5 hours 370 hours
60 to 120 8.6 hours 458 hours
120 to 180 10.2 hours 528 hours
180+ 11.1 hours 596 hours
For 40-hour employees:

Months of Service Bi-weekly Accrual Max Accrual
0 to 60 4.6 hours 264 hours
60 to 120 6.1 hours 327 hours
120 to 180 7.3 hours 377 hours
180+ 7.9 hours 425 hours
ARTICLE 7. HEALTH, DENTAL, VISION AND LIFE INSURANCE

7.1 Health Plans
a. Health Plan Contributions
The City pays 80% of the total premium
The maximum City contribution is based on the lowest cost health plan (as measured by premium cost) available to the majority of City employees.

5 b. Employee Contributions
Employee contributions are on a pre-tax basis.
c. Cash-in-Lieu
In accordance with the City's current Cash-in-Lieu program, Cash-in-Lieu payments when an employee reduces the level of health care coverage rather than entire coverage as follows:

Employee, who reduces the level of health care coverage to that 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, are entitled to a Cash-inLieu benefit based upon the lowest cost health plan available to the majority of City Employees.

The employee making the election covered above, receives the difference between the Cash-in-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 medical insurance payment employees electing to forego health insurance coverage will be based on the below percentage 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%

7.2 Dental and Vision Plans
For calendar year 2023, the City pays for enhanced dental/vision benefits. The enhanced dental/vision are as follows: annual deductible is $25 (individual) and $75 (family), calendar year maximum benefit is $2,000, basic coverage is 90% coverage, major coverage is 60% coverage, and vision allowance is $800 in a 24-month period.

For each following year, through calendar year 2027, the City will annually evaluate the dental and vision fund excess reserve. The City will make a discretionary determination, which is not subject to bargaining requirements or the grievance process, and then communicate the determination in writing to Local 3793 as to whether the City will pay for the enhanced dental/vision benefits set forth above for the coming calendar year. In any year when enhanced benefits are not able to be funded, benefit levels will automatically revert to the levels below.

City pays 90% of the dental and vision premiums for covered employees. The maximum annual dental benefit is $1750. The vision benefit is $600 every 24 months. Premiums are based on periodic actuarial conducted by an outside consultant. Employees must

6 participate in the City's Dental and Vision Plan in a manner provided in the adopted Dental and Vision Plan Agreements.

7.3 Claims Administrator
At the City's option, and after consultation with the Union, the City may change the Dental and Vision Plan claims administrator at any time.

7.4 Life Insurance
The City provides a life insurance benefit of five thousand dollars ($5,000) for employees covered by this MOU. Dependent life insurance is available to employees. Payment for dependent life insurance is the responsibility of the employee.

7.5 Employee Assistance Program
The City provides employees with an EAP for employees and their dependents. Eligible individuals may use up to three (3) sessions per six (6) month period, for a total of six (6) sessions per year.

7.6 Post Employment Health Benefits
Employees contribute to an RHS plan as determined by the Union.

7.7 Tuition Reimbursement
Eligible employees receive tuition reimbursement as outlined in the Rules and Regulations, except as modified herein, will pay for college/university tuition and books based on the following criteria:
• Up to full community and/or state college/university tuition for job-related courses successfully completed.
• Tuition will be paid to a maximum of five thousand dollars ($5,000) per fiscal year. • Advance approval of courses before enrollment is required. • Determination of course eligibility will be made by the Department Head and Human Resources Director. Courses which may be part of a degree program but are not City service related will be considered for reimbursement at fifty percent (50%). Non-City service-related courses must be approved in advance by the Human Resources Director as part of a pre-approved plan where the employee must declare a degree objective. Work experience courses shall not be eligible for reimbursement.
• Textbooks related to approved college courses will be paid up to a maximum of one hundred fifty dollars ($150) per fiscal year.

7 ARTICLE 8. MEDICAL EXAMINATION AND WELLNESS STANDARD PROGRAMS The specific components of the Fire Employee Fitness Program are outlined in the Departmental Policies and Procedures manual. Any injury while exercising off-duty will not be assumed to be job related.

ARTICLE 9. CERTIFICATIONS
The City pays the costs associated with obtaining and maintaining special certificates that are required by the City to obtain and maintain as a condition of employment.

The City pays for the California State Fire Marshal Fire Prevention I and the Driver Operator 1A and 1B course. Classes must be scheduled with and approved by the Fire Chief. No overnight travel or lodging is permitted without prior approval by the Fire Chief.

ARTICLE 10. LEAVE DONATION PROGRAM
The City Rules and Regulations on Catastrophic Illness & Injury Prevention Program effective June 24, 1995 (Exhibit B) remains in effect.

ARTICLE 11. COUNSELING MEMORANDUM
The policy on Counseling Memos (Exhibit C) remains in effect.

ARTICLE 12. FLOATING HOLIDAYS
Fire Safety Inspectors I/II receive sixteen (16) hours of floating holiday per fiscal year, these hours must be used during the fiscal year or they will be forfeited.

ARTICLE 13. VACATION LEAVE
Vacation must be scheduled in accordance with the department policy and operations manual, and in accordance with the City's Rules and Regulations. Once an employee has selected their first round of vacation days pursuant to the department's policy, the time period of that vacation will be honored regardless of future movements of that employee between shifts, even if this necessitates multiple personnel from the same rank being on vacation on the same day.

ARTICLE 14. PERSONAL LEAVE
Two (2) unscheduled vacation days can be requested outside of the yearly vacation bids in accordance with the Fire Department Standard Operating Guidelines, Section 1.04 for unscheduled vacation.

ARTICLE 15.SHIFT TRADES
Employees may trade shifts with the prior approval of the Fire Chief or designee, when the exchange does not interfere with established training schedules or the operation of the department. Employees trading shifts must accept a Shift Trade Agreement.

8 If the employee agreeing to work the shift calls in sick, those hours will be deducted from the employee’s sick leave. Use of sick leave must be in accordance with City Rules.

Employees seeking approval for a shift trade must have sufficient sick leave hours available to fulfill the obligation in this Article should they call in sick.

ARTICLE 16. SHIFT BIDDING
Employees may bid for Station Assignments within their shifts during the second quarter of each calendar year. This process must be completed prior to April 15th of each year. The bidding process is by seniority and by rank on a rotating basis beginning year 2018.

Employees wishing to transfer to a different shift may do so provided they: 1. Find a member of equal rank on another shift that agrees to the transfer. 2. Obtain concurrence from their immediate Battalion Chief and approval from the Fire Chief or designee.

Administrative Staff reserves the right to place employees in specific billets, which will enhance the mission of the department.

ARTICLE 17.SPECIAL ASSIGNMENTS
Hazmat Team – Employees who are routinely and consistently assigned to the Hazmat Team will receive an additional two and a half percent (2.5%) of their base hourly rate of pay.

Tactical EMS – Employees who are routinely and consistently assigned to Tactical EMS will receive an additional two and a half percent (2.5%) of their base hourly rate of pay.

Technical Rescue Team – Employees who are routinely and consistently assigned to the Technical Rescue Team will receive an additional two and a half percent (2.5%) of their base hourly rate of pay.

ARTICLE 18. RETIREMENT

18.1 Retirement Terminology
Employees receive retirement benefits from the California Public Employees’ Retirement System (CalPERS).

The term “New Member” is defined by CalPERS and the Public Employee Pension Reform Act of 2013 (PEPRA).

A “New Member” is defined in Government Code section 7522.04(f) as any of the following:
a. 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 qualifying public retirement system; or

9 b. 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 qualifying public retirement system; or
c. An individual who established prior membership in a retirement system and after a break in service of more than six (6) months, returns to active membership in that system with a new employer.

18.2 Fire Safety Member Retirement Formulas
a. Employees hired before July 1, 2012, shall receive the 3% at 50 safety CalPERS formula with the three (3) year final average compensation period.

These members pay the nine percent (9%) employee contribution on a pre-tax basis.
b. Employees hired after June 30, 2012, who are not classified as a new member, shall receive the 3% at 55 safety CalPERS formula with the three (3) year final average compensation period. These members pay the nine percent (9%) employee contribution on a pre-tax basis.
c. Employees hired after December 31, 2012, who are classified as a new member shall receive the 2.7% at 57 safety CalPERS formula with the three (3) year final average compensation period. These employees pay one half (1/2) the total normal cost as determined annually by CalPERS on a pre-tax basis.
d. All retirement plans have the following optional CalPERS retirement benefits:
• Sick Leave Service Credit
• Non-Industrial Disability Standard
• Industrial Disability Standard
• Pre-Retirement Death Benefits:
o Optional Settlement 2
o 1959 Survivor Benefit Level Indexed
o Special
• Post-Retirement Death Benefits $500 lump sum
• Survivor Allowance (PRSA)
• 3% Retirement COLA
ARTICLE 19. ANNUAL HEALTH ASSESSMENTS
The Annual Health assessment will at a minimum include, but not necessarily be limited to, the medical tests included in (Exhibit D) to this Agreement. These medical tests shall remain applicable for the duration of this Agreement.

10 ARTICLE 20. TEMPORARY EMPLOYEES
The City may use Acting Fire Captains; Acting FAO's and replace additional Firefighters with Temporary Firefighters due to a qualifying event as outlined in Section 2.09 (M) of the City of Yuba City Personnel Rules and Regulations or for a Worker's Compensation injury at any time if the absence is anticipated to be or continues for 30 calendar days or more.

Temporary Firefighters cannot exceed one (1) per shift or no more than three (3) Temporary Firefighters total (one (1) temporary firefighter per shift). Personnel can work in an "acting position" for a vacant position only for a maximum period of 960 hours.

ARTICLE 21. LEAVE CONVERSION RATES
The parties agree to the following terms related to the conversion of leave hours by employees when they are placed in temporary and permanent assignments (in excess of the first full pay period) within the department.
a. Conversion from 56-hour to 40-hour work week assignments. Employees temporarily or permanently assigned to staff positions on a 40-hour work week schedule shall have all leave usage banks converted using a division factor of 1.4 for each hour available in the leave bank. As an example, a 56-hour employee with 100 hours of annual leave would see their annual leave bank adjusted to 71.43 hours with the employee assigned to a 40-hour work week assignment.

Conversion from 40-hour to 56-hour work week assignments. Employees temporarily or permanently assigned to line positions on a 56-hour work week schedule shall have all leave usage banks converted using a multiplier factor of

1.4 for each hour of available in the leave bank. As an example, a 40-hour employee with 71.43 hours of annual leave would see their annual leave bank adjusted to 100 hours when the employee is assigned to a 56-hour work week assignment.
b. Leave accrual and usage rates shall be applied at the hourly rate used by the employee during the temporary or permanent assignment.
c. Leave conversion rates shall be applied to all leave accrual banks provided to the employee by the City.

ARTICLE 22. REVIEW OF PERFORMANCE EVALUATION
In general, performance related issues, which have been previously documented in a performance evaluation, but which have not been repeated in subsequent evaluation periods, should not be included in later performance evaluation reports. However, review of overall performance during the entire probationary period may include such items in making a final recommendation to pass or fail an employee on probationary status. In no event shall any matter of performance evaluation, including reference to this section, be subject to appeal of the given procedure. However, employees may request the Director

11 of Human Resources to review a performance evaluation which contains reference to performance-related issues which the employee believes are inconsistent with this section.

ARTICLE 23. GRIEVANCE PROCEDURE
Grievances involving the application or interpretation of existing Fire Department policies, procedures and rules relating to Emergency Call Back, Overtime, Compensatory Time Off and Unscheduled Vacation may not be pursued beyond the City Manager level. The City Manager's review shall be considered the final step in the grievance process involving those matters.

ARTICLE 24. NOTICE OF MEET AND CONFER
The City will provide notice to Local 3793 regarding changes in job classifications or policies that fall within the scope of representation under the MMBA. The Union has fifteen (15) days to request a meet and confer.

ARTICLE 25.DMV LICENSE EXAMINATION
Physical examinations for Union members 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 26.REDUCTION IN PAY
It is agreed that for classifications with a single pay rate (no salary steps) that reductions in pay for disciplinary purposes shall be made in five percent (5%) increments from the pay rate for the classification. Such reduction will be administered through the payroll system without adjustment to the salary schedule.

ARTICLE 27. CALLBACK
Employees called back to work will receive either a minimum of two (2) hours at their overtime rate, or if the hours are contiguous to their work shift the actual hours worked at the applicable rate of pay.

ARTICLE 28. LIMITATION ON CONSECUTIVE HOURS WORKED
Employees shall not work more than ninety-six (96) hours consecutively. Exceptions may be made on a case-by-case basis by the Fire Chief or designee.

13 Exhibit A – Salary schedule

Fire Association
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
3110** FIRE RECRUIT FIRE - - - - 5,111 Monthly
- - - - 21.06 Hourly
3120** FIREFIGHTER I FIRE - - - - 5,669 Monthly
- - - - 23.36 Hourly
3130** FIREFIGHTER II FIRE - - - - 8,654 Monthly
- - - - 35.66 Hourly
3140** FIRE APPARATUS OPERATOR FIRE - - - 9,076 9,530 Monthly - - - 37.40 39.27 Hourly
3150** FIRE CAPTAIN FIRE 8,976 9,425 9,896 10,391 10,910 Monthly

36.99 38.84 40.78 42.82 44.96 Hourly
3160 FIRE SAFETY INSPECTOR I FIRE 6,032 6,334 6,651 6,984 7,333 Monthly

34.80 36.54 38.37 40.29 42.30 Hourly
3170 FIRE SAFETY INSPECTOR II FIRE 6,730 7,066 7,419 7,790 8,179 Monthly

38.83 40.77 42.80 44.94 47.19 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:

Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
3250 FIRE CAPTAIN FIRE 8,976 9,425 9,896 10,391 10,910

51.78 54.38 57.09 59.95 62.94
3210 FIRE RECRUIT FIRE 5,111

29.49 3220 FIREFIGHTER I FIRE 5,669

32.71 3230 FIREFIGHTER II FIRE 8,654

49.93 3240 FIRE - APPARATUS OPERATOR FIRE 9,076 9,530

52.36 54.98
Fire employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.

MOU Article 17 - Special AssignmentsEmployees who are routinely and consistently assigned to Special Assignments will receive anadditional percentage of their base hourly rate.

Hazmat Team 2.5%
Tactical EMS 2.5%
Technical Rescue Team 2.5%

SALARY STEPS

14 Exhibit B – Catastrophic Illness and Injury Donation Plan Purpose
To assist employees confronting personal or family catastrophic illness or injury who need the support of City employees to avoid financial hardship.

Plan Guidelines

1. Regular and probationary employees who are on an approved leave of absence (in accordance with Human Resources Rules 2.11 (B) or (D)) may receive donated hours of vacation, sick leave, or compensatory time of€ (CTO) from other employees.

2. Employees seeking donations of time shall submit a written request to the Human Resources Department stating the reason(s) for the request. The Director of Human Resources shall review requests. Each request shall be evaluated solely on its merits. If approved, the Director of Human Resources wilt initiate efforts to notify City employees of the request for the donation of hours. The name of the employee will be identified but the City will not release confidential medical information.

If disapproved, the requesting employee may seek review of the decision by the joint labor-management committee consisting of one representative from each of the following groups:

A) Yuba City Employees Association
B) Firefighters' Association
C) Police Officers' Association
D) Middle Managers Group
E) First Level Managers Group
F) Human Resources Department
In the event the Committee reaches a tie decision, the decision shall be made in favor of the employee.

The decision of the labor-management committee shall be final and binding, and shall not be subject to the grievance procedure.

3. To be eligible for donated leave hours, the employee must be on an approved leave of absence for their critical illness or injury or to provide required care for a family member (spouse, child, parent) who is critically ill or injured. The guidelines of the Family Care Leave (Human Resources Rule 2.11 (D)) shall be used to determine whether the critical illness or injury qualifies for the donation of leave hours.

Verification of need via physician statements will normally be required. The employee must have exhausted, or is reasonably expected to exhaust, all accumulated leave hours (vacation, sick leave, CTO) in order to receive leave.

15 Exhibit C – Counseling Memo Policy
When a department head becomes aware of employee conduct, which requires documentation but does not warrant formal disciplinary action, a counseling memorandum may be issued to the employee. The purpose of a counseling memo is to provide notice to the employee of a deficiency or problem observed, document infractions, and modify behavior.

Counseling memos shall be issued on a standard form used by the City. A copy of the counseling memo shall be given to the employee and a copy shall be maintained in the employee's personnel file for a period of two years. At the conclusion of two years, the employee can ask that the counseling memo be removed from the personnel file. At that time or any time thereafter that it is discovered that a counseling memo exists in the personnel file after two years, all copies shall be removed from any file maintained by the City, including the department or supervisor, and given to the employee. No future reference to the counseling memo will be made in a subsequent disciplinary process or performance evaluation. However, should an employee receive a subsequent counseling memo, or other disciplinary action within the two year period, a counseling memo shall not be discarded until a two year period has passed in which no counseling memo or disciplinary action has been issued.

During the two-year period the counseling memo may be used by a supervisor to support disciplinary action. The fact that a counseling memo has been issued shall not be referenced in a performance evaluation, however the substance of the counseling memo may be referenced in a performance evaluation if the supervisor deems it necessary.

Counseling memos used prior to the adoption of this Memorandum of Understanding are subject to this policy.

16 Exhibit D – Medical Tests
YC Firefighter PE components Frequency
Respiratory Protection Questionnaire Annual
Asbestos Questionnaire Annual
Latex Allergy Screening Questionnaire Annual
TB Questionnaire *only if prior positive PPD Annual
Ancillary Testing Annual
Complete Blood Count Annual
Chemistry Panel Annual
Urinalysis dipstick) Annual
TB screening (PPD) Annual
Quantiferon Gold if current PPD +
Cholinesterase (Plasma & RBC) Annual
Pulmonary Function Testing
Spirometry (PFT) Annual
Immunizations/Vaccines
Tetanus (TDaP) 10 Year Boosters
Flu Vaccine Annual
Hepatitis B Vaccine-each (series of 3) Once if no immunity Hepatitis A Vaccine Once if no immunity
MMR Vaccine Once if no immunity
Titers for Immunity
Hepatitis A/B Titers Once
MMR & Varicella Titers Once
Medical Examination
Medical History Questionnaire Annual
Provider Exam with test review Annual
Vision Testing Annual
Hearing Testing Annual
Stress Treadmill (HazMat) 3 Years

17 Exhibit E –Allocation of Specified Accrued but Unused Leave The Employer will make mandatory contributions of accrued leave as follows:

One time only, at time of separation from employment ONLY.

The City agrees to provide the PERS Sick Leave Conversion benefit which allows employees to convert their remaining sick leave accrual balance to additional PERS retirement service credit.

Upon retirement from City service, an employee’s unused sick leave balance shall be converted to CalPERS service credit in accordance with PERS policy and subject to the following terms:
• The amount of eligible sick leave balance shall be determined in accordance with applicable MOU and City Rules and Regulations.
• Classic Members: If the conversion of a classic member’s eligible unused sick leave to CalPERS service credit would result in service credit in excess of the 90% ceiling for local safety members, only the amount of unused sick leave needed to reach the 90% ceiling will be certified to CalPERS.
• PEPRA Members: The amount of unused sick leave balance converted to CalPERS service credit for each PEPRA member shall be limited to the lesser of:
(i) his or her balance of unused sick leave, or (ii) the equivalent of one year of CalPERS service credit.

After the allocation to CalPERS service credit or, in the case of an employee that does not retire from City service, upon separation from employment, 50% of the eligible and remaining sick leave balance (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) shall be converted into a contribution to the City’s RHS plan. The eligible and remaining sick leave balance (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) after the mandatory allocation to the RHS Plan 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 sick leave balance (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) after the mandatory allocation to the RHS plan and the 457(b) plan, shall be paid out to the employee in taxable compensation; provided that the total amount allocated to the RHS plan, 457(b) plan and paid as taxable compensation does not exceed the applicable limits as set forth in the MOU.

All other leave including vacation time, administrative leave and/or comp time (“Other Leave”) is ineligible for conversion to CalPERS service credit. Upon separation from employment, including retirement, 50% of eligible Other Leave (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) shall

18 be converted into a contribution to the City’s RHS plan. The eligible and remaining Other Leave (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) after the mandatory allocation to the RHS Plan 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 sick leave balance (determined in accordance with City Rules and Regulations, applicable MOU and based upon length of service) after the mandatory allocation to the RHS plan and the 457(b) plan, shall be paid out to the employee in taxable compensation; provided that the total amount allocated to the RHS plan, 457(b) and paid as taxable compensation does not exceed the applicable limits as set forth in the MOU.

Example 1: An employee classified as a “classic member” has 2200 hours of accrued sick leave and 300 hours of accrued vacation hours and needs only one year of CalPERS service credit (2000 hours) to reach the 90% ceiling for local safety members. In this case, 2000 hours will be certified to CalPERS by the City for conversion to CalPERS service credit. This would leave 200 hours from the original balance. 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 1100 sick leave hours eligible for allocation subject to a lesser amount remaining after the mandatory conversion to CalPERS service credit. In this case, the lesser figure is the 200 sick leave hours remaining after the mandatory conversion to CalPERS service credit. As such, only 200 sick leave hours are considered “eligible and remaining”. Of these 200 sick leave hours, 50% or 100 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 100 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.

The 300 hours of remaining vacation would also be subject to this provision. The employee is eligible for 100% of their vacation hours. Their “eligible and remaining” vacation time for distribution would be 300 hours. 50% or 150 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 150 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.

Example 2: An employee classified as a “classic member” has 4000 hours of accrued sick leave and 300 hours of accrued vacation hours and needs only one year of CalPERS service credit (2000 hours) to reach the 90% ceiling for local safety members. In this case, 2000 hours will be certified to CalPERS by the City for conversion to CalPERS service credit. This would leave 2000 hours from the original balance. 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 1200 sick leave hours eligible for allocation subject to a lesser amount remaining after the mandatory conversion to CalPERS service credit. In this case, the lesser figure is the 1200 sick leave hours resulting from application of the 30% limit.

As such, only 1200 sick leave hours are considered “eligible and remaining”. Of these 1200 sick leave hours, 50% or 600 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 600 hours would be

19 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.

The 300 hours of remaining vacation would also be subject to this provision. The employee is eligible for 100% of their vacation hours. Their “eligible and remaining” vacation time for distribution would be 300 hours. 50% or 150 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 150 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.

Example 3: An employee classified as a “classic member” has 2000 hours of accrued sick leave and 300 hours of accrued vacation hours and needs only one year of CalPERS service credit (2000 hours) to reach the 90% ceiling for local safety members. In this case, 2000 hours will be certified to CalPERS by the City for conversion to CalPERS service credit. Since all accrued sick leave has been used, no further allocations are made.

The 300 hours of remaining vacation would also be subject to this provision. The employee is eligible for 100% of their vacation hours. Their “eligible and remaining” vacation time for distribution would be 300 hours. 50% or 150 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 150 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.

Example 4: An employee (classic or PEPRA) has 2500 hours of accrued sick leave and 300 hours of accrued vacation hours but is separating from service to work for another agency rather than retiring from City service. This employee is not eligible for the sick leave conversion benefit because he or she is not retiring from City service. 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 and remaining”.

Of these 1250 sick leave hours, 50% or 625 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 625 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.

The 300 hours of remaining vacation would also be subject to this provision. The employee is eligible for 100% of their vacation hours. Their “eligible and remaining” vacation time for distribution would be 300 hours. 50% or 150 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 150 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.

Example 5: An employee classified as a “PEPRA member” has 2500 hours of accrued sick leave and 300 hours of accrued vacation hours. In this case, 2000 hours (the

20 equivalent of one year of service credit) will be certified to CalPERS by the City for conversion to CalPERS service credit. This would leave 500 hours from the original balance. 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 subject to a lesser amount remaining after the mandatory conversion to CalPERS service credit. In this case, the lesser figure is the 500 sick leave hours remaining after the allocation to CalPERS service credit. As such, only 500 sick leave hours are considered “eligible and remaining”. Of these 500 sick leave hours, 50% or 250 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 250 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.

The 300 hours of remaining vacation would also be subject to this provision. The employee is eligible for 100% of their vacation hours. Their “eligible and remaining” vacation time for distribution would be 300 hours. 50% or 150 hours would be subject to a mandatory allocation to the employee’s account with the City’s RHS plan. The remaining 150 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.

ATTACHMENT 3

Fire Association
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
3110** FIRE RECRUIT FIRE - - - - 5,111 Monthly
- - - - 21.06 Hourly
3120** FIREFIGHTER I FIRE - - - - 5,669 Monthly
- - - - 23.36 Hourly
3130** FIREFIGHTER II FIRE - - - - 8,654 Monthly
- - - - 35.66 Hourly
3140** FIRE APPARATUS OPERATOR FIRE - - - 9,076 9,530 Monthly - - - 37.40 39.27 Hourly
3150** FIRE CAPTAIN FIRE 8,976 9,425 9,896 10,391 10,910 Monthly

36.99 38.84 40.78 42.82 44.96 Hourly
3160 FIRE SAFETY INSPECTOR I FIRE 6,032 6,334 6,651 6,984 7,333 Monthly

34.80 36.54 38.37 40.29 42.30 Hourly
3170 FIRE SAFETY INSPECTOR II FIRE 6,730 7,066 7,419 7,790 8,179 Monthly

38.83 40.77 42.80 44.94 47.19 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

FIRE DEPARTMENT CLASSIFICATIONS CALCULATED ON A 40 HOUR WORK WEEK:

Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
3250 FIRE CAPTAIN FIRE 8,976 9,425 9,896 10,391 10,910

51.78 54.38 57.09 59.95 62.94
3210 FIRE RECRUIT FIRE 5,111

29.49 3220 FIREFIGHTER I FIRE 5,669

32.71 3230 FIREFIGHTER II FIRE 8,654

49.93 3240 FIRE - APPARATUS OPERATOR FIRE 9,076 9,530

52.36 54.98
Fire employees who are certified as bilingual will receive a bilingual pay incentive of $100.00 per month:
** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.

MOU Article 17 - Special AssignmentsEmployees who are routinely and consistently assigned to Special Assignments will receive anadditional percentage of their base hourly rate.

Hazmat Team 2.5%
Tactical EMS 2.5%
Technical Rescue Team 2.5%

SALARY STEPS

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
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 the Memorandum of Understanding with First Level Managers B. Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments
Fiscal Impact: The proposed changes will result in a net increase in cost of $60,334 for FY23/24.

Purpose:

To approve the First Level Managers Memorandum of Understanding (MOU) which includes a wage increase of 1.5% effective July 1, 2023, MOU extension to 2027, updates wage re-openers to January 2025, May 2025, May 2026, addition of previously approved side letters, general language clean up including removal of outdated language as well as clean up language in the dental and vision plan section.

Council's Strategic Goal:

This First Level Manager MOU addresses the City Council's Strategic Goals of being business friendly and infrastructure.

Background:

First Level Managers (FLM) Memorandum of Understanding (MOU) is effective July 1, 2022 through June 30, 2025. Within the MOU, there is a wage re-opener that requires the City and First Level Managers to meet on the subject of wages. As a result, the City and FLM met to discuss the wage reopener.

Analysis:

The City and First Level Managers met twice to discuss the wage re-opener for FY 23/24 and have agreed to a Memorandum of Understanding that includes the following items:

1. MOU, first page: MOU extended to June 25, 2027 and;

2. MOU, 1.1 , Salary Increases: All classifications receive a cost of living increase of 1.5% effective July 1, 2023,

3. MOU, 1.3, Wage Reopener: Agreement on wage re-openers in January 2025, May 2025, and May 2026 and;

4. MOU, 4.2, Dental and Vision Plans: Administrative clean up language in the dental and vision plan section and;

5. Administrative language clean up including adding previously approved side letter language for electrical standby to MOU and remove language related to Communications Center Coordinator.

Fiscal Impact:

The proposed changes will result in a net increase in cost of $60,334 for FY23/24.

Alternatives:

Do not approve First Level Managers' Memorandum of Understanding which will result in no wage increase, no MOU extension and no change in the MOU language and wage re-opener dates. If this occurs, Staff will require direction to address next steps with FLM.

Recommendation:

Adopt a Resolution:

A) Approving the Memorandum of Understanding with First Level Managers.

B) Authorizing the Finance Director to amend the salary schedule and perform the necessary budget adjustments.

Attachments:

1. Resolution

2. Memorandum of Understanding

3. Salary Schedule
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE FIRST LEVEL MANAGERS

MEMORANDUM OF UNDERSTANDING
July 1, 2023 – JUNE 25, 2027
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 First Level Managers met and conferred over the FY 23/24 wage reopener and;

WHEREAS, the City appreciates the effort and energy that First Level Managers have put forth to finalize the wage reopener and other MOU terms.

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

Approve the attached First Level Managers Memorandum of Understanding, which includes the following terms:

1. MOU, first page: MOU extended to June 25, 2027 and;

2. MOU, 1.1, Salary Increases: All classifications receive a cost of living increase of 1.5% effective July 1, 2023,

3. MOU, 1.3, Wage Reopener: Agreement on wage re-openers in January 2025, May 2025, and May 2026 and;

4. MOU, 4.2, Dental and Vision Plans: Administrative clean up language in the dental and vision plan section and;

5. Administrative language clean up including adding previously approved side letter language for electrical standby to MOU and remove language related to Communications Center Coordinator.

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 15th day of August 2023.

AYES:

NOES:

ABSENT:
_________________________
Wade Kirchner, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Stacey Sheston, Special Counsel
Best Best & Krieger, LLP

ATTACHMENT 2

i

MEMORANDUM OF UNDERSTANDING
Between
The City of Yuba City
And
The First Level Managers
July 1, 2023, through June 25, 2027

ii
Table of Contents
PREAMBLE: .......................................................................................................................................................................... 1 ARTICLE 1 SALARY............................................................................................................................................................ 1

1.1 Salary Increases ............................................................................................................................................................ 1

1.2 Wage Reopeners ........................................................................................................................................................... 1

1.3 New 9-Step Salary Schedule......................................................................................................................................... 1

1.4 Bilingual Pay................................................................................................................................................................. 1

1.5 Animal Services Standby Pay ....................................................................................................................................... 2

1.6 Work Schedule.............................................................................................................................................................. 3 ARTICLE 2 PUBLIC EMPLOYEES' RETIREMENT SYSTEM ......................................................................................... 3

2.1 Retirement Terminology............................................................................................................................................... 3

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

4.1 Health Plans.................................................................................................................................................................. 4

4.2 Dental and Vision Plans................................................................................................................................................ 5

4.3 Life Insurance ............................................................................................................................................................... 5

4.4 Employee Assistance Program (EAP) .......................................................................................................................... 6

4.5 Health Benefits Committee........................................................................................................................................... 6

4.6 Long Term Disability.................................................................................................................................................... 6

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

9.1 Vacation Accrual Rate .................................................................................................................................................. 7

9.2 Returning Former Employees....................................................................................................................................... 7

9.3 Vacation Accrual and Post-Separation Contributions of Accrued Leave Hours .......................................................... 7 ARTICLE 10 CATASTROPHIC ILLNESS AND INJURY LEAVE DONATION PROGRAM ......................................... 8 ARTICLE 11 ADMINISTRATIVE LEAVE.......................................................................................................................... 8

11.1 Exempt Classification ................................................................................................................................................. 8

11.2 Maximum Cash Out.................................................................................................................................................... 8

11.3 Maximum Carry Over................................................................................................................................................. 9

11.4 Additional Allotment .................................................................................................................................................. 9

iii

11.5 Separation of Employment.......................................................................................................................................... 9 ARTICLE 12 COMPENSATORY TIME .............................................................................................................................. 9

12.1 Maximum Accumulation ............................................................................................................................................ 9

12.2 Maximum Cash Out.................................................................................................................................................... 9 ARTICLE 13 COUNSELING MEMORANDUM ................................................................................................................. 9 ARTICLE 14 INCENTIVES ................................................................................................................................................ 10

14.1 Water Certificate Pay................................................................................................................................................ 10

14.2 Callback and Stand-by Time..................................................................................................................................... 10

14.3 Personnel Eligibility for Stand-by............................................................................................................................. 11

14.4 Assignment Period.................................................................................................................................................... 11

14.5 Assignment Limits.................................................................................................................................................... 12

14.6 Coverage for Supervisors.......................................................................................................................................... 12

14.7 Shift Differential ....................................................................................................................................................... 12 ARTICLE 15 TERM OF AGREEMENT............................................................................................................................. 12 Appendix A – Represented Classifications........................................................................................................................... 13 Appendix B – 5 Step Salary Schedule .................................................................................................................................. 14 Appendix C – 9-Step Salary Schedule.................................................................................................................................. 15

1 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 1, 2023, all classifications will receive a cost of living increase of one and a half percent (1.5%) salary increase.

1.2 Wage Reopeners
The parties will meet and discuss the City’s financial position no later than the end of January 2025 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 January 2025, unless agreed otherwise.

The parties will meet and discuss the City’s financial position no later than the end of May 2025 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 2025, unless agreed otherwise.

The parties will meet and discuss the City’s financial position no later than the end of May 2026 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 2026, unless agreed otherwise.

If the parties cannot agree on a wage increase during a discussion, there shall be no salary adjustment for that year.

1.3 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 schedule is attached as Appendix “B”.

1.4 Bilingual Pay
Employees who are proficient in speaking a foreign language 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 languages are covered under this program is determined by the City in consultation with First Level Managers.

2 1.5 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 is 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

3 physically able to respond within 45 minutes to an incident location within Animal Control's jurisdiction.
• The Animal Services Supervisor must maintain a current California Driver's License.

1.6 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, receive the 2.7% at 55 miscellaneous CalPERS formula with the one (1) year final average compensation period. The City pays 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 pay the eight percent (8%) of the employers’ contribution via a CalPERS contract amendment on a pretax basis.

B. Employees hired between August 1, 1991, and July 1, 2012, receive the 2.7% at 55 miscellaneous CalPERS formula with the three (3) year final average compensation period. The City pays 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.

4 These members 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 receive the 2% at 55 miscellaneous CalPERS formula with the three (3) year final average compensation period.

The City pays 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 pay the seven percent (7%) of the employers’ contribution via a CalPERS contract amendment on a pre-tax basis.

D. Employees hired after December 31, 2012, who are classified as new member receive the 2% at 62 miscellaneous CalPERS formula with the three (3) year final average compensation period.

These employees 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 pays 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:

5 • 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 Cash-in-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
For calendar year 2023, the City pays the enhanced dental/vision benefits. The enhanced dental/vision are as follows: annual deductible is $25 (individual) and $75 (family), calendar year maximum benefit is $2,000, basic coverage is 90%, major coverage is 60%, and the vision allowance is $800 in a 24- month period.

For each following year, through calendar 2027, the City will annually evaluate the dental and vision fund excess reserve. The City will make a discretionary determination, which shall not be subject to bargaining requirements or the grievance process, and then communicate the determination in writing to the First Level Management as to whether the City will pay for the enhanced dental/vision benefits set forth above for the coming calendar year. In any year when the enhanced benefits are not able to be funded, benefit levels will automatically revert to the levels set forth below:

City pays 90% of the dental and vision premiums for covered employees. The maximum annual dental benefit is $1750. The vision benefit is $600 every 24 months. Premiums are based on periodic actuarial conducted by an outside consultant. Employees must participate in the City's Dental and Vision Plan in a manner provided in the adopted Dental and Vision Plan Agreements.

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

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

4.7 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

7 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.

8 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 remains 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, 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 receive a pro-rated 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).

9 11.3 Maximum Carry Over
Employees are 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 cashout 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.

10 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 "NonWater 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 (noncumulative)(D-2)
$50 per month (noncumulative)(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 employees assigned to supervise the Water Distribution Division and Electrical/Instrumentation Division staff on stand-by for after hours and weekend/holidays for a sevenday period.

A. There are three (3) types of stand-by time: General, Electrical, 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 employee is the designated by the Chief Operator for standby for the water system and must respond to water distribution calls while on stand-by duty. The Electrical/Instrumentation employee on standby is responsible for the City’s electrical infrastructure, including, but not limited to, traffic signals, streetlights, City facilities, the Water Treatment Plant, and the Wastewater Treatment facility, and must respond to electrical calls while on stand-by duty.

B. Stand-by pay is $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

11 each year. Only employees assigned to Water Distribution and Electrical/Instrumentation are 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 supervisors 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 and Electrical/Instrumentation Supervisors are allowed to trade standby 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.

D. The Water Distribution and Electrical/Instrumentation Supervisor are provided a designated take home vehicle for the purpose of responding to call-outs. Take-home vehicles may 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.

E. When a Water Distribution or Electrical/Instrumentation Supervisor is called back to work they receive a minimum two (2) hours at time and one-half 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 Stand-by
A. Water Distribution Supervisors must have a valid California Water Distribution D-4 or higher certification.

B. Supervisors must have a minimum of a Class A California Driver's License.

C. Supervisors must be within forty-five (45) minutes response time using an internet mapping site.

Supervisors must remain physically able to respond within forty-five (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 while on stand-by.

14.4 Assignment Period
The stand-by period is one (1) week beginning on Thursday at conclusion of the workday and continuing to the following Thursday at conclusion of the workday.

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

Accountant II
Administrative Analyst II
Animal Shelter Supervisor
Construction Inspector – Senior
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

First Level Management - EMPLOYEES HIRED PRIOR TO NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
6069 ACCOUNTANT II FLM 6,394 6,714 7,050 7,403 7,773 Monthly

36.89 38.73 40.67 42.71 44.84 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 6,750 7,087 7,441 7,813 8,203 Monthly

38.94 40.89 42.93 45.08 47.33 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,294 5,559 5,837 6,129 Monthly

29.09 30.54 32.07 33.68 35.36 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 7,043 7,395 7,765 8,153 Monthly

38.70 40.63 42.66 44.80 47.04 Hourly
6044 CRIME ANALYST FLM 4,706 4,941 5,188 5,447 5,720 Monthly

27.15 28.51 29.93 31.43 33.00 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 6,528 6,854 7,197 7,557 7,936 Monthly

37.66 39.54 41.52 43.60 45.79 Hourly
6215 DEVELOPMENT LIAISON FLM 6,950 7,298 7,663 8,046 8,448 Monthly

40.10 42.10 44.21 46.42 48.74 Hourly
6220 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,572 9,001 9,451 9,923 Monthly

47.10 49.45 51.93 54.53 57.25 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,537 8,964 9,412 9,883 Monthly

46.90 49.25 51.72 54.30 57.02 Hourly
6225 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,284 7,648 8,030 8,431 Monthly

40.02 42.02 44.12 46.33 48.64 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,354 6,672 7,006 7,357 Monthly

34.91 36.66 38.49 40.42 42.44 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

6064* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,508 7,883 8,277 8,689 Monthly

41.25 43.32 45.48 47.75 50.13 Hourly
6142* SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,864 8,257 8,670 9,103 9,558 Monthly

45.37 47.64 50.02 52.52 55.14 Hourly
6085 LABORATORY SUPERVISOR FLM 7,061 7,414 7,785 8,174 8,582 Monthly

40.74 42.77 44.91 47.16 49.51 Hourly
6040 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6043 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6061 PLANNER-ASSOCIATE FLM 6,619 6,950 7,298 7,663 8,046 Monthly

38.19 40.10 42.10 44.21 46.42 Hourly
6065 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,917 9,363 9,831 10,324 Monthly

48.99 51.44 54.02 56.72 59.56 Hourly
6030* RECREATION SUPERVISOR I FLM 5,794 6,084 6,388 6,707 7,042 Monthly

33.43 35.10 36.85 38.69 40.63 Hourly
6045* RECREATION SUPERVISOR II FLM 6,373 6,692 7,027 7,378 7,746 Monthly

36.77 38.61 40.54 42.57 44.69 Hourly
6046* RECREATION SUPERVISOR III FLM 7,011 7,362 7,730 8,116 8,522 Monthly

40.45 42.47 44.60 46.82 49.17 Hourly
6210 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 7,157 7,515 7,891 8,285 Monthly

39.32 41.29 43.36 45.53 47.80 Hourly
6096 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly

49.89 52.38 55.00 57.76 60.64 Hourly
6111 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly

54.88 57.62 60.50 63.53 66.71 Hourly
6041 WATER DISTRIBUTION SUPERVISOR FLM 7,730 8,116 8,522 8,948 9,396 Monthly

44.60 46.82 49.17 51.62 54.21 Hourly
6160 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly

49.89 52.38 55.00 57.76 60.64 Hourly
6110 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly

54.88 57.62 60.50 63.53 66.71 Hourly
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 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

First Level Management - EMPLOYEES HIRED ON OR AFTER NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
6469 ACCOUNTANT II FLM 6,394 6,554 6,714 6,882 7,050 7,227 7,403 7,588 7,773 Monthly

36.89 37.81 38.73 39.70 40.67 41.69 42.71 43.78 44.84 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 6,750 6,919 7,087 7,264 7,441 7,627 7,813 8,007 8,203 Monthly

38.94 39.92 40.89 41.91 42.93 44.00 45.08 46.19 47.33 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,168 5,294 5,427 5,559 5,698 5,837 5,983 6,129 Monthly

29.09 29.82 30.54 31.31 32.07 32.87 33.68 34.52 35.36 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 6,876 7,043 7,219 7,395 7,580 7,765 7,958 8,153 Monthly

38.70 39.67 40.63 41.65 42.66 43.73 44.80 45.91 47.04 Hourly 6444 CRIME ANALYST FLM 4,706 4,824 4,941 5,065 5,188 5,318 5,447 5,583 5,720 Monthly

27.15 27.83 28.51 29.22 29.93 30.68 31.43 32.21 33.00 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 6,528 6,691 6,854 7,026 7,197 7,377 7,557 7,746 7,936 Monthly

37.66 38.60 39.54 40.53 41.52 42.56 43.60 44.69 45.79 Hourly 6515 DEVELOPMENT LIAISON FLM 6,950 7,124 7,298 7,481 7,663 7,855 8,046 8,247 8,448 Monthly

40.10 41.10 42.10 43.16 44.21 45.32 46.42 47.58 48.74 Hourly 6420 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,368 8,572 8,787 9,001 9,226 9,451 9,688 9,923 Monthly

47.10 48.28 49.45 50.69 51.93 53.23 54.53 55.89 57.25 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,334 8,537 8,751 8,964 9,188 9,412 9,648 9,883 Monthly

46.90 48.08 49.25 50.49 51.72 53.01 54.30 55.66 57.02 Hourly 6425 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,111 7,284 7,466 7,648 7,839 8,030 8,230 8,431 Monthly

40.02 41.03 42.02 43.07 44.12 45.23 46.33 47.48 48.64 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,203 6,354 6,513 6,672 6,839 7,006 7,180 7,357 Monthly

34.91 35.79 36.66 37.58 38.49 39.46 40.42 41.42 42.44 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,329 7,508 7,696 7,883 8,080 8,277 8,483 8,689 Monthly

41.25 42.28 43.32 44.40 45.48 46.62 47.75 48.94 50.13 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

6542 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,864 8,061 8,257 8,464 8,670 8,887 9,103 9,331 9,558 Monthly

45.37 46.51 47.64 48.83 50.02 51.27 52.52 53.83 55.14 Hourly 6485 LABORATORY SUPERVISOR FLM 7,061 7,238 7,414 7,600 7,785 7,980 8,174 8,378 8,582 Monthly

40.74 41.76 42.77 43.85 44.91 46.04 47.16 48.33 49.51 Hourly 6440 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6443 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6461 PLANNER-ASSOCIATE FLM 6,619 6,785 6,950 7,124 7,298 7,481 7,663 7,854 8,046 Monthly

38.19 39.14 40.10 41.10 42.10 43.16 44.21 45.31 46.42 Hourly 6465 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,705 8,917 9,140 9,363 9,597 9,831 10,076 10,324 Monthly

48.99 50.22 51.44 52.73 54.02 55.37 56.72 58.13 59.56 Hourly 6430 RECREATION SUPERVISOR I FLM 5,794 5,939 6,084 6,236 6,388 6,548 6,707 6,875 7,042 Monthly

33.43 34.26 35.10 35.98 36.85 37.78 38.69 39.66 40.63 Hourly 6445 RECREATION SUPERVISOR II FLM 6,373 6,533 6,692 6,860 7,027 7,203 7,378 7,562 7,746 Monthly

36.77 37.69 38.61 39.58 40.54 41.56 42.57 43.63 44.69 Hourly 6446 RECREATION SUPERVISOR III FLM 7,011 7,187 7,362 7,546 7,730 7,923 8,116 8,319 8,522 Monthly

40.45 41.46 42.47 43.53 44.60 45.71 46.82 47.99 49.17 Hourly 6610 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 6,987 7,157 7,336 7,515 7,703 7,891 8,088 8,285 Monthly

39.32 40.31 41.29 42.32 43.36 44.44 45.53 46.66 47.80 Hourly 6496 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly

49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6511 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly

54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly

6441 WATER DISTRIBUTION SUPERVISOR FLM 7,730 7,923 8,116 8,319 8,522 8,735 8,948 9,172 9,396 Monthly

44.60 45.71 46.82 47.99 49.17 50.39 51.62 52.92 54.21 Hourly 6560 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly

49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6510 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly

54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly 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 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

ATTACHMENT 3

First Level Management - EMPLOYEES HIRED PRIOR TO NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5
6069 ACCOUNTANT II FLM 6,394 6,714 7,050 7,403 7,773 Monthly

36.89 38.73 40.67 42.71 44.84 Hourly
6060 ADMINISTRATIVE ANALYST II FLM 6,750 7,087 7,441 7,813 8,203 Monthly

38.94 40.89 42.93 45.08 47.33 Hourly
6015 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,294 5,559 5,837 6,129 Monthly

29.09 30.54 32.07 33.68 35.36 Hourly
6090 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 7,043 7,395 7,765 8,153 Monthly

38.70 40.63 42.66 44.80 47.04 Hourly
6044 CRIME ANALYST FLM 4,706 4,941 5,188 5,447 5,720 Monthly

27.15 28.51 29.93 31.43 33.00 Hourly
6063 CUSTOMER SERVICE MANAGER FLM 6,528 6,854 7,197 7,557 7,936 Monthly

37.66 39.54 41.52 43.60 45.79 Hourly
6215 DEVELOPMENT LIAISON FLM 6,950 7,298 7,663 8,046 8,448 Monthly

40.10 42.10 44.21 46.42 48.74 Hourly
6220 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,572 9,001 9,451 9,923 Monthly

47.10 49.45 51.93 54.53 57.25 Hourly
6120 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,537 8,964 9,412 9,883 Monthly

46.90 49.25 51.72 54.30 57.02 Hourly
6225 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,284 7,648 8,030 8,431 Monthly

40.02 42.02 44.12 46.33 48.64 Hourly
6042 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6050 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,354 6,672 7,006 7,357 Monthly

34.91 36.66 38.49 40.42 42.44 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

6064* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,508 7,883 8,277 8,689 Monthly

41.25 43.32 45.48 47.75 50.13 Hourly
6142* SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,864 8,257 8,670 9,103 9,558 Monthly

45.37 47.64 50.02 52.52 55.14 Hourly
6085 LABORATORY SUPERVISOR FLM 7,061 7,414 7,785 8,174 8,582 Monthly

40.74 42.77 44.91 47.16 49.51 Hourly
6040 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6043 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,326 6,642 6,974 7,322 Monthly

34.76 36.50 38.32 40.23 42.24 Hourly
6061 PLANNER-ASSOCIATE FLM 6,619 6,950 7,298 7,663 8,046 Monthly

38.19 40.10 42.10 44.21 46.42 Hourly
6065 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,917 9,363 9,831 10,324 Monthly

48.99 51.44 54.02 56.72 59.56 Hourly
6030* RECREATION SUPERVISOR I FLM 5,794 6,084 6,388 6,707 7,042 Monthly

33.43 35.10 36.85 38.69 40.63 Hourly
6045* RECREATION SUPERVISOR II FLM 6,373 6,692 7,027 7,378 7,746 Monthly

36.77 38.61 40.54 42.57 44.69 Hourly
6046* RECREATION SUPERVISOR III FLM 7,011 7,362 7,730 8,116 8,522 Monthly

40.45 42.47 44.60 46.82 49.17 Hourly
6210 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 7,157 7,515 7,891 8,285 Monthly

39.32 41.29 43.36 45.53 47.80 Hourly
6096 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly

49.89 52.38 55.00 57.76 60.64 Hourly
6111 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly

54.88 57.62 60.50 63.53 66.71 Hourly
6041 WATER DISTRIBUTION SUPERVISOR FLM 7,730 8,116 8,522 8,948 9,396 Monthly

44.60 46.82 49.17 51.62 54.21 Hourly
6160 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 9,080 9,534 10,011 10,511 Monthly

49.89 52.38 55.00 57.76 60.64 Hourly
6110 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,988 10,487 11,011 11,563 Monthly

54.88 57.62 60.50 63.53 66.71 Hourly
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 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

First Level Management - EMPLOYEES HIRED ON OR AFTER NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6789
6469 ACCOUNTANT II FLM 6,394 6,554 6,714 6,882 7,050 7,227 7,403 7,588 7,773 Monthly

36.89 37.81 38.73 39.70 40.67 41.69 42.71 43.78 44.84 Hourly 6460 ADMINISTRATIVE ANALYST II FLM 6,750 6,919 7,087 7,264 7,441 7,627 7,813 8,007 8,203 Monthly

38.94 39.92 40.89 41.91 42.93 44.00 45.08 46.19 47.33 Hourly 6415 ANIMAL SHELTER SUPERVISOR FLM 5,042 5,168 5,294 5,427 5,559 5,698 5,837 5,983 6,129 Monthly

29.09 29.82 30.54 31.31 32.07 32.87 33.68 34.52 35.36 Hourly 6490 CONSTRUCTION INSPECTOR-SENIOR FLM 6,708 6,876 7,043 7,219 7,395 7,580 7,765 7,958 8,153 Monthly

38.70 39.67 40.63 41.65 42.66 43.73 44.80 45.91 47.04 Hourly 6444 CRIME ANALYST FLM 4,706 4,824 4,941 5,065 5,188 5,318 5,447 5,583 5,720 Monthly

27.15 27.83 28.51 29.22 29.93 30.68 31.43 32.21 33.00 Hourly 6463 CUSTOMER SERVICE MANAGER FLM 6,528 6,691 6,854 7,026 7,197 7,377 7,557 7,746 7,936 Monthly

37.66 38.60 39.54 40.53 41.52 42.56 43.60 44.69 45.79 Hourly 6515 DEVELOPMENT LIAISON FLM 6,950 7,124 7,298 7,481 7,663 7,855 8,046 8,247 8,448 Monthly

40.10 41.10 42.10 43.16 44.21 45.32 46.42 47.58 48.74 Hourly 6420 ELECTRICAL/INSTRUMENTATION SUPERVISOR FLM 8,164 8,368 8,572 8,787 9,001 9,226 9,451 9,688 9,923 Monthly

47.10 48.28 49.45 50.69 51.93 53.23 54.53 55.89 57.25 Hourly 6520 ENGINEER - ASSOCIATE CIVIL FLM 8,130 8,334 8,537 8,751 8,964 9,188 9,412 9,648 9,883 Monthly

46.90 48.08 49.25 50.49 51.72 53.01 54.30 55.66 57.02 Hourly 6425 ENVIRONMENTAL COMPLIANCE COORDINATOR FLM 6,937 7,111 7,284 7,466 7,648 7,839 8,030 8,230 8,431 Monthly

40.02 41.03 42.02 43.07 44.12 45.23 46.33 47.48 48.64 Hourly 6442 FACILITIES MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6450 FLEET MAINTENANCE SUPERVISOR FLM 6,051 6,203 6,354 6,513 6,672 6,839 7,006 7,180 7,357 Monthly

34.91 35.79 36.66 37.58 38.49 39.46 40.42 41.42 42.44 Hourly 6464* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,329 7,508 7,696 7,883 8,080 8,277 8,483 8,689 Monthly

41.25 42.28 43.32 44.40 45.48 46.62 47.75 48.94 50.13 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

6542 SENIOR INFORMATION TECHNOLOGY ANALYST FLM 7,864 8,061 8,257 8,464 8,670 8,887 9,103 9,331 9,558 Monthly

45.37 46.51 47.64 48.83 50.02 51.27 52.52 53.83 55.14 Hourly 6485 LABORATORY SUPERVISOR FLM 7,061 7,238 7,414 7,600 7,785 7,980 8,174 8,378 8,582 Monthly

40.74 41.76 42.77 43.85 44.91 46.04 47.16 48.33 49.51 Hourly 6440 MAINTENANCE SUPERVISOR-STREETS FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6443 PARKS MAINTENANCE SUPERVISOR FLM 6,025 6,176 6,326 6,484 6,642 6,808 6,974 7,148 7,322 Monthly

34.76 35.63 36.50 37.41 38.32 39.28 40.23 41.24 42.24 Hourly 6461 PLANNER-ASSOCIATE FLM 6,619 6,785 6,950 7,124 7,298 7,481 7,663 7,854 8,046 Monthly

38.19 39.14 40.10 41.10 42.10 43.16 44.21 45.31 46.42 Hourly 6465 PLANT MAINTENANCE SUPERVISOR FLM 8,492 8,705 8,917 9,140 9,363 9,597 9,831 10,076 10,324 Monthly

48.99 50.22 51.44 52.73 54.02 55.37 56.72 58.13 59.56 Hourly 6430 RECREATION SUPERVISOR I FLM 5,794 5,939 6,084 6,236 6,388 6,548 6,707 6,875 7,042 Monthly

33.43 34.26 35.10 35.98 36.85 37.78 38.69 39.66 40.63 Hourly 6445 RECREATION SUPERVISOR II FLM 6,373 6,533 6,692 6,860 7,027 7,203 7,378 7,562 7,746 Monthly

36.77 37.69 38.61 39.58 40.54 41.56 42.57 43.63 44.69 Hourly 6446 RECREATION SUPERVISOR III FLM 7,011 7,187 7,362 7,546 7,730 7,923 8,116 8,319 8,522 Monthly

40.45 41.46 42.47 43.53 44.60 45.71 46.82 47.99 49.17 Hourly 6610 WASTEWATER COLLECTIONS SUPERVISOR FLM 6,816 6,987 7,157 7,336 7,515 7,703 7,891 8,088 8,285 Monthly

39.32 40.31 41.29 42.32 43.36 44.44 45.53 46.66 47.80 Hourly 6496 WASTEWATER TRT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly

49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6511 WASTEWATER TRT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly

54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly

6441 WATER DISTRIBUTION SUPERVISOR FLM 7,730 7,923 8,116 8,319 8,522 8,735 8,948 9,172 9,396 Monthly

44.60 45.71 46.82 47.99 49.17 50.39 51.62 52.92 54.21 Hourly 6560 WATER TREATMENT FACILITY CHIEF OPERATOR FLM 8,648 8,864 9,080 9,307 9,534 9,773 10,011 10,260 10,511 Monthly

49.89 51.14 52.38 53.69 55.00 56.38 57.76 59.19 60.64 Hourly 6510 WATER TREATMENT FACILITY SUPERVISOR FLM 9,512 9,750 9,988 10,238 10,487 10,749 11,011 11,286 11,563 Monthly

54.88 56.25 57.62 59.07 60.50 62.01 63.53 65.11 66.71 Hourly 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 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

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
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 Management and Inspection Services
Recommendation: Adopt a Resolution awarding a professional services agreement to ICM of Shingle Springs, CA in the amount of their total bid of $89,890 and authorize the City Manager to execute the contract on behalf of the City
Fiscal Impact: $107,976 Account No. 971191-65501 (Second Groundwater Well) Purpose:

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

Council’s Strategic Goals:

The 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.

On September 7, 2021, Council approved the award of a professional services agreement to West Yost and Associates, Inc. (West Yost) for the design of the Second Groundwater Well. The design and construction of the new well was broken down into two phases. West Yost finished plans and specifications for the belowground facilities summer 2022 and also provided hydrogeologic and engineering services during the construction of the below-ground facilities. Most recently, West Yost completed final plans and specifications for the above-ground facilities that were adopted by Council on March 7, 2023.

The construction of the below-ground facilities is substantially complete with minor restoration of the construction site still remaining to be completed. The new well was developed where it achieved a maximum flow rate of approximately 2,500 gallons per minute.

The second phase is to construct the above-ground facilities for the well, including a three-sided structure, electrical cabinets, and equip the well with pump related equipment and plumbing. West Yost completed plans and specifications for the above-ground facilities in early 2023. Council authorized the execution of a

construction agreement with Auburn Constructors on April 18, 2023. The Notice to Proceed for the project was then issued on June 20, 2023.

Analysis:

The above-ground phase of the Second Groundwater Well Project involves complex mechanical and electrical equipment that requires specialized technical expertise to effectively provide inspection services during construction. At the time of award, staff noted that a request for proposals would be issued for construction management and inspection services. On July 18, 2023, staff contacted five (5) firms requesting a quote. Three (3) responses from qualified firms were received. A list of the firms and fee proposals is shown below:

Company Total Bid
West Yost and Associates $317,105
Luhdorff & Scalmanini $156,315
ICM $89,980
Carollo Did Not Respond
Coastland Did Not Respond
Staff reviewed the quotes and letter proposals. All firms are highly qualified to perform the work, so staff recommends awarding a professional services agreement to ICM in the amount of $89,980.

Fiscal Impact:

Contract administration will be performed by Public Works Department staff. The total cost for the services, including a 20% contingency, is $107,976. Staff recommends a 20% contingency due to the possibility of unforeseen complications during construction arising from the complicated nature of installing and integrating new mechanical and electrical equipment into the Water Treatment Plant’s system.

The project will be funded through Account No. 971191-65501 (Second Groundwater Well). Currently, there is approximately $700,000 of available funds for the project.

Alternatives:

Do not award the professional services agreement and provide staff with further direction on quantity assurance/quality control for the project.

Recommendation:

Adopt a Resolution awarding a professional services agreement to ICM of Shingle Springs, CA in the amount of their total bid of $89,890 and authorize the City Manager to execute the contract on behalf of the City.

Attachments:

1. 18-18 Resolution - Construction Management and Inspection Services 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

PROFESSIONAL SERVICES AGREEMENT TO ICM FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE ABOVE-GROUND

FACILITIES AND WELL EQUIPPIING FOR THE SECOND GROUNDWATER WELL WHEREAS, construction of the above-ground phase of the Second Groundwater Well Project involves complex mechanical and electrical equipment that requires specialized technical expertise to effectively provide construction management and inspection services; and
WHEREAS, staff issued a Request for Quotes on July 18, 2023, to determine the most qualified consultant to provide Construction Management Services for the Second Groundwater Well Equipping Project and to provide such services; and WHEREAS, in response to the City’s request, on August 1, 2023, three quotes and letter proposals were received; and
WHEREAS, after thorough analysis of the quotes and proposals submitted, staff have determined ICM of Shingle Springs, CA to be the most qualified consultant to provide construction management and inspection services for the Second Groundwater Well Project; and
WHEREAS, it has been determined by the City Council that such construction management and inspection services are in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that a Professional Services Agreement is hereby awarded to ICM of Shingle Springs, CA for the construction management and inspection services in the amount of $89,980, subject to material terms, with the finding that it is in the best interest of the City, and that the City Manager is hereby authorized to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August 2023.

AYES:

NOES:

ABSENT:

ATTEST:

Wade Kirschner, 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 – Professional Services Agreement

1 Revised 1/28/2008

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of
______________________, by and between the City of Yuba City, a municipal corporation (“City”) and ICM (“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 Scope of Services
(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 $89,890 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 Revised 1/28/2008
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.
* 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 Revised 1/28/2008
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 Revised 1/28/2008

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.

13.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.

14.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 Revised 1/28/2008
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: [Name]
[Title]
[Organization, vendor name]
[Address]
[City, Sate, Zip code]
[Phone number]

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 Revised 1/28/2008

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 Revised 1/28/2008
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.

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

CITY OF YUBA CITY: CONSULTANT:

8 Revised 1/28/2008
By:_____________________________ By _________________________ Diana Langley [Name]
City Manager [Title]
Attachments: Exhibit A – Scope of Services
Exhibit B - Insurance Requirements
Exhibit C - Workers’ Compensation Exemption

Revised 10/2007
Exhibit A
Scope of Services

ICM
Scope of Services
ICM reviewed the requested scope of services listed in the City’s Request for Quotation and take no exceptions. The following is a list of tasks excluded from ICM’s scope of services:

Exclusions
a) Costs associated with using ProCore.
b) Surveying and survey stakeout.
c) ICM is not responsible for Contractor's safety or safety program. d) ICM is not responsible for Contractor's schedule.
e) Engineering services during construction such as technical RFI and submittal review. f) Inspector apprentice, if required by State DIR or other entity.

Our Budget Table, developed specifically for this Project based on the Contractor’s baseline schedule and current construction progress, is attached as well as a Fee Schedule. Please note that we assume an 8-hour work day and have not budgeted for overtime.

This proposal is based on a time and materials contract. This cost proposal is only an estimate; actual labor effort will be dependent on the contractor’s schedule. Budgeted hours and cost proposal may change based on the actual project schedule. ICM reserves the right to transfer budgeted hours between tasks and subtasks.

Thank you for your kind consideration of our proposal. We look forward to working with the City on this important Project. If you have questions, please call me at 916-792-9871.

Sincerely,
Inferrera Construction Management Group, Inc.

Jeffrey Inferrera, PE, RCI
President
Attachments:

Resumes
Fee Schedule
Budget Estimate

ICM
Inferrera Construction Management Group, Inc.

Fee Schedule
For City of Yuba City
Municipal Well No. 2 – Well Equipping Project
Labor Hourly Rates by Position
Construction Manager $200
Construction Inspector $160
Electrical Inspector $180
Administrator $85
Expense Rates
Vehicle Note 3
Field Computer, Monthly $100
Field Phone/Internet, Monthly $150
Other ODCs billed separately
Administrative Fees
Expenses 0%
Subconsultants 5%
Notes:

1. Minimum 4-hour onsite charge per site or off-site visits.

2. Overtime will be charged 1.5 times the hourly rate for time worked over eight hours a day and Saturdays. Sundays, Holidays, and time worked over twelve hours a day are charged at 2 times the hourly rate. Second shift work performed between 5 p.m. and 5 a.m. will be charged an additional $15 per hour.

3. Travel will be charged in accordance with prevailing wage requirements which include IRS mileage rate and travel time over 50 miles one way, plus a minimum of $25 per day. Business driving will be charged at the IRS mileage rate.

4. This Rate Schedule is valid until December 31, 2024. After December 31, 2024, rates subject to 5% adjustment per year.

City of Yuba City
Municipal Well No. 2 - Well Equipping Project
ICM's Estimated Budget for Construction Management and Inspection Services Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Total Total Role Team Member Hours Hours Hours Hours Rate Budget
Construction Manager Jeffrey Inferrera 4 2 1 1 1 0 0 0 0 0 1 1 1 1 1 14 200 $ 2,800 $ Construction Inspector Paul Lopez 80 80 32 32 32 0 0 0 0 0 32 32 32 40 24 416 160 $ 66,560 $ Electrical Inspector Chris Inferrera 0 0 0 0 0 0 0 0 0 0 0 4 8 24 4 40 180 $ 7,200 $ Administration Colleen Inferrera 12 8 8 8 4 0 0 0 0 0 8 4 4 4 12 72 85 $ 6,120 $ Material Testing MHM $ 3,500 Vehicle $ 2,500
Field Computer, Monthly 0.5 1 0.5 0.5 0.5 0 0 0 0 0 0.5 0.5 0.5 0.5 0.5 5.5 100 $ 550 $ Field Phone/Internet, Monthly 0.5 0.5 0.5 0.5 0.5 0 0 0 0 0 0.5 0.5 0.5 0.5 0.5 5 150 $ 750 $ Grand Total Budget 89,980 $
1-Aug-23 ICM

Revised 9/2010
Exhibit B
Professional Services 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

Revised 9/2010
than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

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 selfinsured 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.

Revised 10/2007
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 ___________, 200__, at Yuba City, California.

By:_______________________________ Title:________________________ ]
[Add Consultant’s name and title]

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Harter Estates South – Subdivision Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with D.R. Horton CA2, Inc., a California corporation providing for public improvements associated with the Harter Estates South Subdivision Map, approving the Harter Estates South Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Subdivision is located on the west side of the Harter Specific Plan Area, east of Ruth Avenue, and south of Vine Avenue.]
Fiscal Impact: Costs and reimbursements in accordance with proposed Subdivision Agreement.

Purpose:

To approve the necessary agreement and final subdivision map that specify the terms for the Harter Estates South development.

Council’s Strategic Goal:

This supports multiple Council strategic goals as the development provides for public safety and new infrastructure in a fiscally responsible and business-friendly manner.

Background:

On April 28, 2021, the Planning Commission approved Tentative Map SM 19-04, Harter Estates South, to subdivide 14.73 acres into 77 single family residential parcels located on the west side of the Harter Specific Plan Area, east of Ruth Avenue, and south of Vine Avenue (Attachment 2). The proposed lot sizes range from 6,160 square feet to 13,932 square feet.

Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop the necessary improvement plans and determine the terms of the Subdivision Agreement in accordance with the conditions of approval for the development and City policy.

Analysis:

The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal

Code. The process is summarized as follows:
• Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on April 28, 2021.
• Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of a Subdivision Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit. • Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval. • Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.

In order to proceed with the development, the property owner is to enter into a Subdivision Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the subdivision, and guarantees that the required public improvements will be constructed.

With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City. Road dedications include Blackberry Drive, Cranberry Way, Raspberry Way, Strawberry Drive, and a portion of Vine Avenue.

Fiscal Impact:

Costs and reimbursements for the public improvements are specified through the proposed Agreement.

Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check, inspection, water hot tap fees, and water service tie-in fees $219,199.02. All fees have already been paid on Building Permit BLD23-00295.

Alternatives:

Delay or modify the recommended actions of approving a Subdivision Agreement or Final Map for Harter Estates South.

Recommendation:

Adopt a Resolution approving the execution of a Subdivision Agreement with D.R. Horton CA2, Inc., a California corporation, providing for public improvements associated with the Harter Estates South Subdivision Map, approving the Harter Estates South Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Subdivision is located on the west side of the Harter Specific Plan Area, east of Ruth Avenue, and south of Vine Avenue.] Attachments:

1. Resolution - Harter Estates South – Subdivision Agreement and Final Map Approval

2. Location Map

Prepared By: Submitted By:

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

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A SUBDIVISION AGREEMENT WITH D.R. HORTON CA2, INC., A

CALIFORNIA CORPORATION, FOR THE HARTER ESTATES SOUTH SUBDIVISION,

APPROVING THE HARTER ESTATES SOUTH SUBDIVISION FINAL MAP SUBDIVIDING LAND INTO 77 PARCELS TO CONSTRUCT SINGLE-FAMILY RESIDENTIAL BUILDINGS,

ACCEPTING FOR DEDICATION THE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS SHOWN THEREON, AND AUTHORIZING THE FILING OF THE MAP.

WHEREAS, D.R. Horton CA2, Inc., a California corporation (“subdivider”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Harter Estates South” ("final map"), pursuant to approved Tentative Map for Harter Estates South Subdivision ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and

WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and

WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,

WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and,

WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the subdivider as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with a Subdivision Improvement Agreement approved by and between the City and the Subdivider; and
WHEREAS, the City Council now desires to approve the Subdivision Agreement with Subdivider, approve the final map, accept all dedications thereunder, and authorizes the filing of

the map.

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

1. Subdivision Agreement: The City Council approves the Subdivision Agreement with D.R. Horton CA2, Inc., a California corporation, attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.

2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.

3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Subdivision Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.

The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code. In addition, the City Council authorizes the filing of the map.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Subdivision Agreement
Exhibit “B” – Final Map (Harter Estates South Subdivision, City of Yuba City)

EXHIBIT “A”

Subdivision Agreement
Final Map of Harter Estates South
Subdivision

WHEN RECORDED MAIL TO:

City Clerk
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
NO FEE-Government Code §6103
Public Works Department
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993

SUBDIVISION AGREEMENT

FINAL MAP OF HARTER ESTATES SOUTH SUBDIVISION
(Regarding Tentative Map No. 19-04, Harter Estates South Subdivision)

Subdivision Agreement
Final Map of Harter Estates South
Subdivision

THIS AGREEMENT is made this ______ day of _____________________ 2023, by and between the City of Yuba City, a general law city, hereinafter referred to as "City," and D.R.

Horton CA2, Inc., a California corporation, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Yuba City.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, situated in the City of Yuba City, County of Sutter, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:

Lots 1 through 77, inclusive, of the Final Map of Harter Estates South Subdivision according to the map thereof recorded on
_______________________, 20____ in Book ________ of Surveys at Page(s) , Sutter County Records.

B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified.

C. Section 8-2.809 of the Yuba City Municipal Code (“City Code”) requires Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 19-04 dated April 28, 2021 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.

D. Subdivider desires to construct the improvements and develop the Subject Property.

E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.

AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in

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consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree as follows:

1. The Subject Property is subject to the following:
a. Time for Performance. The work and improvements required by the Conditions of Approval shall be performed on or before 24 months of the effective date of this Agreement, except as otherwise specifically set forth in this Agreement. If Subdivider fails to complete such work within such period, City may (but is not required to) complete the same and recover the full cost and expense thereof from Subdivider. b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. PC 21-10, dated April 28, 2021 attached as Exhibit A and incorporated by reference. c. Unforeseen Delays and Extension Process. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. As a prerequisite for obtaining an extension, Subdivider must file a written request for a time extension with the City’s Public Works Director within 24 months of the effective date of this Agreement. The written request should set forth the facts and unforeseen causes giving rise to the delay, and must be accompanied by an updated Cost Estimate approved by the City Engineer. Subdivider must also pay an extension fee, if any, established by the most recent City Fee Schedule (“Fee Schedule”) based upon the higher of the initial or revised estimated total improvement cost for the Final Map. The Public Works Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdivider. The Public Works Director may also re-assess Performance Security, Payment Security and any other improvement security to increase the amount based upon the updated Cost Estimate and pursuant to the types and percentage amounts set forth in Paragraph 5 of this Agreement.

The Public Works Director shall give Subdivider written notice of the Director’s determination in writing, including any additional Performance Security, Payment Security or other improvement security amounts. The Director’s determination shall be final and conclusive. No extension of this Agreement shall be valid unless Subdivider shall provide City any additional improvement security within 20 business days after written notice of

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the Director’s determination. If no extension of time is granted, City shall refund the extension fee, less the cost of any staff time for processing the application, paid by Subdivider at the time of submittal of the request for extension.

2. Scope of Improvements. Subdivider agrees to construct and install, at Subdivider’s sole cost and expense, all of the streets, sidewalks, curbs, gutters, storm drainage facilities, water distribution facilities, sewer collection facilities, street lighting facilities, fire hydrants, landscaping and irrigation, and all other work and improvements depicted or required on the Improvement Plans for the Construction on Harter Estates South Subdivision (City Drawing No. 5558-D), as approved by the City Engineer, and any approved amendments thereto, any Conditions of Approval required by Planning Commission Resolution No. PC 21-10, dated April 28, 2021, and in compliance with Chapter 2 of Title 8 of the City Municipal Code and the Subdivision Map Act (hereinafter collectively referred to as “Improvements”), which are incorporated by reference and made a part of this Agreement. Improvements shall be done in accordance with the construction standards contained in the most current edition of the City Standard Specifications and Details and, to the extent not addressed therein, in accordance with the State of California Department of Transportation Standard Plans and Specifications as amended by special provisions approved by the City Engineer.

3. Impact and other Fees. Subdivider shall pay to City the total fees and charges due as a condition of Final Map approval, including those required by City Code Section 8-2.803 and 8-2.1515, and Chapter 10 of Title 8 of the City Code, as they may be amended. The total fees and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit B, which is incorporated by reference.

4. Estimated Reimbursements for Certain Improvements. City shall pay to Subdivider those amounts, if any, shown in Exhibit C, which is incorporated by reference, at such time and only at such time as City has accepted those Improvements. Exhibit C represents City’s participation and contribution to the Improvements which City recognizes will ultimately inure to the overall benefit of City, both in connection with the subject development and in connection with future developments. In connection with the amounts set forth in Exhibit C, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties as contemplated by City Code Section 8-2.1501. The parties acknowledge since the subject Improvements have not been completed at the time of execution of this Agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation

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is incorporated into the calculations, including the amount of fee credits, if any. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance.

Calculations of costs are also based on information submitted by Subdivider to City. Payment of fees and any reimbursements shall be made at the rates and amounts established by the City Code, including pertinent provisions contained in City’s Fee Schedule.

5. Fee Credit Adjustments. With regard to fee credits including those referenced above and herein, Subdivider may receive designated fee credits from City as offsets toward a development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completely installed by Subdivider. Until then, and notwithstanding any other provision, Subdivider expressly agrees Subdivider has no right to any portion of any fee credit and the Public Works Director for City, in the Director’s sole discretion, may unilaterally amend this Agreement effective upon mailed notice to Subdivider to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any development impact fees, due from modification of the fee credit, prior to approval of the subdivision map or as may be deferred by a fee deferral covenant. If the subdivision map has already been approved, all such fees shall be promptly paid by Subdivider.

City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute.

6. Inspections. City shall inspect all Improvements. All Improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said Improvements and materials shall be done, performed and installed under the inspection of and to

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the satisfaction of the City Engineer.

7. Security. Prior to the approval by the City Council of the Final Map, Subdivider shall furnish to City the following improvement securities set forth in this paragraph. Improvement security shall be of the type as provided for in Government Code §66499 subject to review by the City Attorney and approval of the City Council. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney.
a. Performance Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement.

Performance Security shall be in the amount of $4,109,272.20 and in the form of a bond naming the City of Yuba City as obligee, or a certificate of deposit made payable only to the City of Yuba City, or cash.
b. Payment Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the amount of $4,109,272.20 and in the form of a bond naming the City of Yuba City as obligee, or in the amount of $2,054,636.10 in the form of a certificate of deposit made payable only to the City of Yuba City, or cash.

8. Damage Prior to Final Acceptance. Any damage to the work or Improvements constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work.

9. Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City.

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10. Warranty Security. To ensure Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a maintenance bond serving as warranty security shall be furnished to the City in the minimum amount of $410,927.22 which represents ten (10) percent of the total Engineer’s Estimate of Probable Cost, including portions of improvements already completed. The warranty security shall serve as a guarantee and warranty of the work for a period of one year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements.

11. No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.

12. Indemnification. Subdivider shall be obligated as follows:
a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; (v) Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractor’s failure to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement. b. Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any

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of its officers, officials, employees, agents or volunteers. c. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a” and “b” of this Section.

Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law (including Section 2782.8 of the California Civil Code), from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. This Section shall survive termination or expiration of this Agreement.

13. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and

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completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000 aggregate for products and completed operations, and $1,000,000 general aggregate.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to Subdivider), with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate. d. WORKERS' COMPENSATION insurance as required under the California Labor Code.
e. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any selfinsured retentions.

The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an

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occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Subdivider’s insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement.

Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.

Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.

Subdivider shall furnish City with copies of the actual policies upon the request of City Attorney or the City Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for City, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for

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City to terminate this Agreement.

If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor.

14. Payment for Materials and Supplies. Subdivider and Subdivider’s subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.

15. Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with the Public Works Standards shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider.

16. Work by Subdivider. It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider to give the City Engineer written notice not less than two working days in advance of the actual date on which work is to be started.

Failure on the part of Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.

17. Inspections. Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdivider of any obligation to fulfill the Agreement as prescribed. Defective

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work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted.

18. Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.

19. Compliance with Conditions of Approval; Easements. In addition to the Covenants affecting land development, if any, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 19-04 dated April 28, 2021, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdivider’s completion of all required improvements to said parcels. Subdivider’s compliance with such conditions shall be completed within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply.

20. Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, ordinances, codes, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. It shall be the sole responsibility of Subdivider to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Subdivider agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Subdivider shall indemnify, defend, and hold harmless City and its officials and employees against any failure to comply with such laws, ordinances, codes, regulations, and rules. Subdivider shall comply with the codes or ordinances of City including the City Code and Building Codes.

21. Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

22. Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s