ATTACHMENT 2
01248.0014/893497.4
RECYCLING INDUSTRIES INC.
HOST AGREEMENT
with
THE CITY OF YUBA CITY
This HOST AGREEMENT ("Agreement") is executed this __ day of ________ 2024 (“Effective Date”), by and between the City of Yuba City, a California municipal corporation ("City") and Recycling Industries, Inc, a California Corporation ("Operator"). City and Operator shall each be referred to as “Party” or collectively as “Parties.”
RECITALS
A. Operator currently operates a recycling center under Use Permit (“UP”) 07-12 at 140 Epley Drive, located within the corporate limits of the City (“Property”); and B. In 2014, the City approved UP 12-01, which allowed the Operator to convert its recycling center into a Large Volume Transfer Station (“LVTS”) C. Operator applied to modify its previously approved use of the Property to operate the revised LVTS to receive not more than 100 tons of materials per day (“Project”), which required a Development Permit (“DP”), UP, and appropriate Environmental Assessment (“EA”) of the Project;
D. Operator applied for DP 17-03, UP 17-05, and EA 17-10 to construct and operate the Project and received those approvals attached hereto as Exhibit “B” (“Approvals”); E. The City further approved the application for the siting of the proposed Transfer Station with or without conditions. The State of California, Cal Recycle, and the County of Yuba Environmental Health Department, the Local Enforcement Agency (“LEA”) issued Solid Waste Facility Permit (“SWFP”) #51-AA-0008, a copy of which is attached hereto as Exhibit “C”, for the development and operation of the Project. If the Operator develops, constructs and operates the Project, the Operator is willing to pay to the City, and the City desires to accept Host Fees to defray the costs to the City of hosting and development of the Project as hereinafter set forth.
F. Operator shall comply with the terms of the SWFP and applicable conditions as identified in the State Minimum Standards for solid waste handling and disposal as specified in Title 14, California Code of Regulations.
G. On February 5, 2019, the City Council of the City approved Resolution No. 19-005, denying an appeal of the Planning Commission of the City’s approval of the Project, thereby approving DP 17-03, UP 17-05, and EA 17-10 for the construction and operation of the Project; H. Condition No. 35 of Resolution No. 19-005 requires that, prior to use of the new
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building for the Project, the Operator is to negotiate a “Host Fee” with the City, calculated based upon the amount of garbage that is ultimately transferred to the landfill by the Operator; I. The Parties wish to enter into this Agreement to memorialize their understandings on the Operator’s obligation to pay City a Host Fee for the operation of the Project, based upon the City’s evaluation of all costs it bears in hosting the Project. This Agreement shall constitute the “New Agreement” referenced in the “Interim Host Fee Agreement” dated August 17, 2021, and shall supersede and replace the Interim Host Fee Agreement, with the changes to the Host Effect Rate taking place the first day of the month after the Effective Date of this Agreement.
NOW, THEREFORE, the preceding recitals and all cited permits and conditions are incorporated by reference and in consideration of the mutual obligations undertaken herein, the receipt and sufficiency of which are hereby acknowledged. It is mutually understood and agreed by the Operator and the City as follows:
1. Definitions. When used in this Agreement, all definitions shall be consistent with Title 27, Division 2 Definitions, Section 20164 (CCR), the following terms shall have the following meanings:
"Act" shall mean The California Integrated Waste Management Act (California Public Resources Code Sections 40000 et seq), as amended from time to time, which, in part, directs all local jurisdictions to promote recycling and to maximize the use of feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste required to be disposed of by land disposal.
“ADC” shall mean Alternative Daily Cover.
“Applicable Law” shall mean all statutes, rules, regulations, guidelines, actions, determinations, permits, orders, or requirements of the United States, State of California, County, City, and local and regional government authorities and agencies having applicable jurisdiction, that apply to or govern the Transfer Station, the Property, or the performance of the Parties’ respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, prevailing wages if applicable, and the Sutter County Integrated Waste Management Plan. All references herein to Applicable Law include subsequent amendments or modifications thereof, unless otherwise specifically limited in this Agreement.
"Construction and Demolition Debris", or "C&D Debris" shall mean solid waste that is source separated or separated for reuse, solid waste, and recyclable materials, including commingled and separated materials, that result from construction work, that are not hazardous, that contain no more than 10% putrescible wastes by volume calculated on a monthly basis, and that the putrescible wastes do not constitute a nuisance, as determined by the LEA.
"Effective Date" shall mean the date on which this Agreement is executed, as shown at the
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top of the first page of this Agreement.
"Green Material" shall have the meaning ascribed under 14 Cal. Code of Regulations Section 17582(a)(21), as amended, which is currently defined as “any plant material except food material and vegetative food material that is separated at the point of generation, contains no greater than 1.0 of percent physical contaminants by dry weight, and meets the requirements of section 17868.5. Green material includes, but is not limited to, tree and yard trimmings, untreated wood wastes, natural fiber products, wood waste from silviculture and manufacturing, and construction and demolition wood waste. Green material does not include food material, vegetative food material, biosolids, mixed material, material separated from commingled solid waste collection or processing, wood containing lead-based paint or wood preservative, or mixed construction and demolition debris. Agricultural material, as defined in this section 17852(a)(5), that meets this definition of "green material" may be handled as either agricultural material or green material.”.
"Host Fee" shall mean the payments by the Operator to the City for each ton of Permitted Waste and Recyclables delivered to a Landfill, which the Operator has agreed to pay to the City pursuant to the Conditions of Approval for the Transfer Station. Any Green Material delivered to a duly licensed organics composting facility shall be excluded from the calculation of Host Fees.
“Host Fee Rate” shall mean the per ton Host Fee paid by the Operator to the City in the amount and as provided in Section 4 herein.
“Household Hazardous Waste” or “HHW” shall mean material used in residences that may threaten human health or the environment when improperly discarded, usually having one or more of the following characteristics: flammable, toxic, corrosive, and/or reactive. “Household Waste” shall have the meaning ascribed under 27 CCR Section 20164, which as of the date of this Agreement, means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
"LEA" shall mean the Local Enforcement Agency designated by the City as the Sutter County Environmental Health Servicesto enforce the provisions of the Solid Waste Permit. “Landfill” shall have the meaning ascribed under 27 CCR Section 20164, which as of the date of this Agreement, means a waste management unit at which waste is discharged in or on land for disposal. Landfill does not include surface impoundment, waste pile, land treatment unit, injection well, or soil amendments.
"Operations Date" shall mean the first day of business at which Permitted Waste is accepted at the Transfer Station.
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"Operator" shall mean Recycling Industries, Inc and shall include its successors. “Permitted Waste” shall mean refuse, as defined in 27 CCR Section 20164, and further includes, without limitation: Household Waste, C&D Materials, Green Material, E-Waste, and HHW, which the Transfer Station may receive under its Permits and Applicable Law. "Property" shall mean a parcel of land approximately located at 140 Epley Drive, Yuba City, CA, as more particularly described on Exhibit A to this Agreement, which the Operator proposes to use for the development, construction, and operation of the Transfer Station.
“Project” shall have the meaning set forth in the Recitals. "Recyclables" shall mean any recyclable materials, whether or not source separated, which the Operator determines to accept.
“TPR” shall mean the Transfer Processing Report on file with the LEA and the City for this property.
"Transfer Station" or “LVTS” shall mean the transfer station, as defined in section 40200 of the Act, to be developed, constructed, and operated on the Property and subject to this Agreement.
Any term not otherwise attributed to it shall have the same meaning as defined under the Act.
2. Term of Agreement. This Agreement shall be valid beginning on the Effective Date first written above reflecting the date of approval of this Agreement by the Council of City and shall continue for ten (10) years from the Effective Date, subject to the right of the City, in its discretion, to approve one or more extensions totaling up to five (5) additional years, with the option to review the Host Fee if a change in entitlement should affect the allowed tonnage volume. Operator hereby acknowledges that the Host Fee complies with legal requirements and bears an appropriate nexus to the City’s need to address those impacts identified under the California Environmental Quality Act (CEQA), as described further in the 2019 mitigated negative declaration (MND) for Use Permit 12-01 approved for the Transfer Station. The City reserves the right to analyze the applicable Host Fee Rate during the Term and the Parties hereby acknowledge and agree that they will negotiate in good faith a new per ton Host Fee Rate to apply based on any updated nexus study to be prepared by City’s selected waste services consultant.
3. Authorization for Transfer Station Development, Construction, and Operation. The Operator shall be responsible for obtaining all permits and authorizations necessary under applicable law for the development, construction, and/or operation of the Transfer Station on the Property. Operator shall provide the City with a reasonable opportunity to review and comment upon any application to modify or amend any permit before such is filed, provided that the City's approval cannot be unreasonably withheld, conditioned, or delayed.
Operator acknowledges that its experience and expertise are material considerations of the
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City in entering into this Agreement. As such, Operator shall not assign this Agreement or operations of the Transfer Station to any third party as described herein, without the express prior written consent of the City, not to be unreasonably withheld, conditioned, or delayed. An assignment for purposes of this provision includes any sale, exchange, or other transfer to a third party of more than twenty-five percent (25%) of Operator’s assets dedicated to operating the Transfer Station; or selling, exchanging, or otherwise transferring twenty-five percent (25%) or more of the then-outstanding ownership interests of Operator to a person other than the family members of any owner. Any other transfer shall be subject to City’s reasonable review.
4. Host Fees. From and after the Operations Date, the Operator shall pay to the City Host Fees at the Host Fee Rate based on the monthly tonnage of Permitted Waste and Recyclables delivered to a Landfill, as provided in this Section 4 below. a. Host Fee Rate. The Operator shall pay to City Four and 08/100 Dollars ($4.08) per ton (“Host Fee Rate”) of Permitted Waste and Recyclables delivered to a Landfill; to be adjusted for inflation each year on July 1st. Rate adjustments shall be based on changes to the Consumer Price Index (CPI) for all urban consumers, CUURS49BSA0, not seasonally adjusted, all items index—San FranciscoOakland-Hayward, CA as published by the Bureau of Labor Statistics (BLS). The percent changes in the CPI shall be computed using the current and prior year April values for this index. If this index is discontinued, it will be replaced by the index that most closely approximates the discontinued index, which index shall be approved by the Contract Administrator. The annual CPI adjustment to rates shall never be less than 0 percent or greater than 3.0 percent. Any percentage amount calculated which is lower or higher than these thresholds shall be carried forward and included in future rate adjustments; provided, however, that the total amount of any future adjustment remain within the above range. b. Books and Records. The Operator shall maintain complete and accurate books and records of Permitted Waste and Recyclables deposited at the Transfer Station sufficient to determine the amount of Host Fees payable to the City, including, without limitation, weight tickets for all Permitted Waste and Recyclables deposited at the Transfer Station as well as weight tickets for each outbound vehicle of Permitted Waste and Recyclables delivered to a Landfill, , buyback recycling facility, recycling center or other recycling, organics composting facility, or recovery or reuse facility of any type. Such books and records shall be available for inspection and copying by the City or its agent upon reasonable notice of not less than 48 hours at the Transfer Station during operating hours of the Transfer Station, or as otherwise required by this Agreement or any conditions of siting approval; c. Payment Method. Remit Host Fees payable to the City on a quarterly basis not later than the last calendar day of the calendar month following the end of each calendar quarter, for the preceding calendar quarter, beginning on January 31, 2024.
d. Accounting. Operator shall keep daily accurate and complete records of Transfer Station operations with respect to vehicular weight and tonnage of inbound Permitted Waste and Recyclables delivered to a Landfill, buyback recycling
01248.0014/893497.4
facility, recycling center or other recycling, organics composting facility, or recovery or reuse facility of any type. Such records shall be in paper, electronic, magnetic or other media in sufficient detail to allow Operator to calculate, and City to corroborate, the Host Fee, any tonnage received at the Transfer Station, any Landfill, buyback recycling facility, recycling center or other recycling, organics composting facility, or recovery or reuse facility of any type so as to allow City to determine compliance with the provisions of this Agreement. Submit with each payment of Host Fees to the City an accounting by month of the amount of fees payable to the City and all tonnage of Permitted Waste and Recyclables deposited at the Transfer Station during the calendar quarter for which payment is made and weight tickets for each outbound vehicle of Permitted Waste and Recyclables delivered to a Landfill, buyback recycling facility, recycling center or other recycling, organics composting facility, or recovery or reuse facility of any type for the same period. City acknowledges that the Permitted Waste or Recyclables deposited at the Transfer Station shall not be subject to payment of the Host Fee or other separate City fee, and that the information of such materials deposited at the Transfer Station is merely sought to assist the City in better ascertaining the flow of such materials into and out of the Transfer Station. e. Audit. The City shall cause a copy of any report of an audit by the City of the books and records of the Transfer Station delivered to the Operator and Permitted Waste and Recyclables delivered to a Landfill within thirty (30) calendar days from receipt thereof. If any such audit report establishes that there has been an underpayment of Host Fees to the City, the Operator shall remit the amount of the underpayment to the City within thirty (30) calendar days from receipt from the City of notice of the underpayment and a copy of the report plus a late fee equaling five percent (5%) of the amount of the shortfall. If any such audit report establishes that there has been an overpayment to the City, the Operator may take a credit against amounts otherwise payable to the City in the amount of the overpayment; or if there are no such amounts against which to take a credit. The City shall remit the overpayment to the Operator within thirty (30) calendar days from the City's receipt of the audit report and a written demand from the Operator. f. Payment Disputes. The City must notify the Operator in writing of any dispute regarding payment of Host Fees to the City within two (2) years from the last calendar day of the month for which disputed fees are payable. Otherwise, any such dispute is deemed waived;
g. Reimbursement of Costs. The Operator shall not be required to pay or reimburse the City, or otherwise compensate the City or its agent for costs incurred in connection with inspecting, copying or auditing of books and records of the Transfer Station. However, if a dispute arises between the City and the Operator regarding the amount of Host Fees payable to the City, and the City determines that it is necessary to conduct a special audit in connection with such dispute, the Operator shall reimburse the City for fifty percent (50%) of the reasonable costs incurred by the City in connection with such special audit. h. Confidentiality. The City acknowledges that the books and records of the Transfer Station contain information which constitutes trade secrets. The City shall
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treat all information obtained from inspection and copying of books and records of the Transfer Station as confidential and shall neither disclose nor permit disclosure of such information to persons other than the City, its employees or agents only as required by law or in a legal action subject to a protective order. The Operator may redact trade secrets or other confidential information from books and records of the Transfer Station prior to inspection or copying by the City or its agents, provided such redactions do not include numerical or other information required to determine the amount of Host Fees payable to the City.
i. Effect of Termination of Agreement. If this Agreement is terminated, Host Fees shall be paid to the date of termination and no further payments of Host Fees shall be due from the Operator to the City.
j. Calibration of Scales. The Operator shall test and calibrate all scales at the Transfer Station in accordance with Applicable Law. Upon City request, it shall provide the City with copies of scale testing results, including but not limited to any results from State-conducted inspections. The Operator shall further cause its qualified contractor to test and calibrate any or all scales upon written request therefore by the City, within three (3) days of such request; provided that if Operator can demonstrate to City that completion of such test and calibration is delayed by the LEA, said three (3)-day timeline shall be extended for the period of the delay caused by the LEA. If such test results indicate that the scale or scales comply with Applicable Law, the City will reimburse the Operator the direct costs of such tests, not including the cost of personnel time utilized in conduction such test. If City-requested test results indicate that the scale or scales did not comply with Applicable Law, then all weight measurements recorded and Host Fees calculated, charged and paid, as the case may be, from the date of such request, shall be adjusted and corrected consistent with the results of such test.
Commercial collection vehicles and transfer trucks shall be assigned a number for weighing purposes. Tare weights shall be checked at least annually or promptly upon reasonable City request, but not more than twice per year.
5. Benefits to the Transfer Station. In consideration for the Operator's agreement to locate the Transfer Station in the City, and for Host Fees as provided in this Agreement, the City shall not levy any new taxes or assess any fees which are not uniformly assessed but rather are assessed upon a class based on the ownership or operation of a waste transfer station or solid waste management facility and which directly impact the services rendered by the Operator.
6. Assignment of Agreement. This Agreement shall be binding on the Operator, its successors and assigns. This Agreement shall be deemed to be a covenant running with the land.
7. Default.
a. If Operator or the City commits a material breach of this Agreement in regard to payment, the breaching party shall have a period of thirty (30) calendar days from and after receipt of written notice from the other of such breach in which to cure
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the breach. If the breaching party fails to cure the breach during such period, the breaching party shall be in default;
b. If Operator or the City commits a material breach of this Agreement other than in regard to payment, the breaching party shall have a period of thirty (30) calendar days from and after receipt of written notice from the other of such breach in which to cure the breach, or a longer period if the breaching party has diligently attempted to cure the breach during such period but has been unable to do so. If the breaching party fails to cure the breach during such period, as extended, the breaching party shall be in default;
c. The City recognizes that the cure of breach may require regulatory approval from the LEA or some other regulatory agency and that the time of preparation of a request for such approval as well as the time it takes for the regulatory agency to review such a request shall be part of the cure period; d. In the event that either party is in default under this Agreement, the party not in default shall have the right to enforce all rights and remedies under this Agreement, as well as to pursue any other remedy now or hereafter available under applicable law; and
e. Nothing in this Agreement to the contrary shall delay or hinder the immediate enforcement of this Agreement, ordinance or law which may, in any manner, negatively impact the public health, safety or welfare.
8. Enforcement of Agreement. In any action to enforce this Agreement, the non-defaulting party shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with such action.
9. Indemnification. The Operator shall defend, indemnify and hold the City, its agents, servants, officers, employees, consultants and attorneys harmless from and against all third-party claims, judgments, orders, fines, penalties and other liabilities (including without limitation reasonable attorney's fees and costs) resulting from the acts or omissions or negligence of the Operator during operation by the Operator of the Transfer Station or arising out of this Agreement.
10. Compliance with Applicable Laws. The Operator shall conduct operations at the Transfer Station in accordance with all applicable federal, state, and local laws.
11. General Provisions.
a. Amendments. This Agreement may be terminated, amended or otherwise modified only by written agreement duly executed on behalf of the City and the Operator;
b. Captions. Captions in this Agreement are for the convenience of reference only and do not affect this Agreement or its interpretation; c. Exclusivity. This Agreement sets forth the entire, final and exclusive Agreement and understanding of the City and the Operator in respect to the matters covered hereby;
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d. Governing Law, Venue and Jurisdiction. This Agreement and all disputes hereunder shall be governed by the laws of the State of California. e. Notification. All notices and other correspondence required permitted under this Agreement shall be given at the following addresses or such other addresses as the City or the Operator may in writing designate: If mailed, two (2) days after being deposited in the U.S. mail, registered or certified, return receipt requested, to the address shown above; or if deposited with a commercial courier for next day delivery, one (1) day after being so deposited,
f. Recitals. The Recitals are a part of this Agreement; g. Severability. If any provision of this Agreement or any document executed in connection herewith shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality or enforceability of the remaining provisions contained herein or therein shall not be affected or impaired.
In such case, the Parties shall achieve the purpose of the involved provision by agreeing to a new, legally valid and enforceable provision, which shall become part of this Agreement or such document;
h. Singular and Plural. The use of the singular form includes the plural and use of the plural form includes the singular;
i. Third Parties. Nothing in this Agreement is intended to confer any right or remedy on any person other than the City and the Operator, and their respective successors and permitted assigns, nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third persons to the City or the Operator, nor to give any such third person any right of action or subrogation against the City or the Operator;
j. Waiver. The failure of the City or the Operator at any time to require the performance of any provision of this Agreement shall not affect its right to enforce the provision at a later time. No waiver of any nature by the City or the Operator, whether by conduct or otherwise, shall be deemed to be a continuing waiver.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the City of Yuba City, County of Sutter, State of California, on the date set forth above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF YUBA CITY, a California
municipal corporation
By:_______________________________
Mayor
RECYCLING INDUSTRIES, INC, a
California corporation
By:_________________________________
Name:_______________________________
Its:__________________________________
By:_________________________________
Name:_______________________________
Its:__________________________________
EXHIBIT “A”
DESCRIPTION OF PROPERTY
EXHIBIT “B”
APPROVALS
EXHIBIT “C”
FACILITY PERMIT
ATTACHMENT 3
ATTACHMENT 4
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com Introduction
The City of Yuba City (City) contacted R3 Consulting Group Inc. (R3) to conduct a Host Fee Study regarding the proposed expansion of Recycling Industries’ transfer facility. This engagement focused on supporting the establishment of a Host Fee to allow Recycling Industries to expand its operations; and assisting the City in defining the parameters and justification of applying the Host Fee.
Background
Transfer Stations
Transfer Stations are light industrial facilities that accept waste material from solid waste collection trucks (contracted or municipal haulers) and/or private haulers (the general public). Communities rely on Transfer Stations to move solid waste material efficiently from the point of collection to receiving end-destination facilities (Materials Recovery Facilities (MRFs) or landfills). Transfer Stations are typically required to transfer material to an end-destination facility within 48 hours of receiving said material.
Benefits associated with Transfer Stations include consolidation of smaller waste material loads into more aggregated collection capacity, flexibility in waste handling and options for future disposal (at other facilities), screening of mixed waste material, reduction of traffic at disposal facilities (by utilizing a Transfer Station instead), and convenient drop-off centers for residential waste, green waste, and recyclables.
Transfer Stations are an intermediate location, not a final destination for solid waste material.
Recycling Industries Transfer Station
Recycling Industries Transfer Station is an active and permitted (SWIS #51-AA-0008) large volume transfer/processing facility located at 140 Epley Dr. in Yuba City California. The facility carries a design capacity for up to 500 tons of material per day but is currently permitted to receive up to only 100 tons per of material per day, or 238 vehicles through the front gate, whichever occurs first. The facility is permitted to accept mixed municipal waste, wood waste, and green waste. The facility operates 365 days per year, including holidays.
Recycling Industries submitted a proposal to modify existing Use Permit No. 12-01 and increase the operating capacity of the facility by:
Increasing tonnage capacity per day from 100 tons to 260 tons per day by 2020, and 300 tons per day by 2030;
Increasing the facility footprint from 3 to 4 acres;
To: Mr. Benjamin Moody, City of Yuba City
From: Nate Forst and Ryan Calkins, R3 Consulting Group, Inc.
Date: July 18, 2023
Subject: Version 3: Host Fee Development
July 18, 2023
Increasing the size of the onsite building from 18,000 to 21,600 sq. ft.; Adding additional driveways for increased public access; Increasing onsite parking;
Adding planters and trees to provide shade; and
Improving and enhancing onsite landscaping.
Host Fees Assessed on Solid Waste Facilities
Host Fees are compensation payments to a community in return for the community’s willingness to host a solid waste facility, such as a transfer station. Facilities assessed Host Fees may include landfills, transfer stations, or material recovery facilities (MRFs). A Host Fee may be determined in a variety of ways; however, they are primarily designated to compensate for impacts related to the community associated with a facility’s operations. In some cases, Host Fees are calculated by allocating a proportional share of those costs to each ton of material that the facility receives.
In most cases, Host Fees are associated with the following categories:
Typical Host Fee Categories
Road Impacts Litter Abatement Signage
Air Quality Code Enforcement Beautification
Hosts fees may be assessed on any/all the following, or another basis:
All tons received;
Out of City/County tons;
A percentage of gate revenue;
A fixed amount per year; and/or
Comparative research of similar facilities.
Consistency of Host Fees with City’s Existing Programs
Host Fees may be authorized through various mechanisms, including through the City’s municipal code, Conditional Use Permits, Franchise Agreements, Memorandums of Understandings (MOU’s), or Business Permits. Host Fee requirements are typically listed as a clause in the contract between the host city and the facility operator, and/or the contract may reference the municipal code. For the City, new Host Fees could be imposed at the time that new solid waste or recycling facilities are developed, or existing solid waste or recycling facilities are expanded (as is the case with Recycling Industries).
Host Fees may be considered either unrestricted revenue or revenue to be used for a defined purpose.
Many cities consider Host Fee revenues as unrestricted revenues and Host Fees are often deposited into a city’s general fund.
July 18, 2023
Host Fee Survey
Comparative Review of Facilities and Associated Host Fees Host Fees at solid waste facilities vary significantly based on factors such as size, location, and impact to the community in which the facility operates. Table 1 represents a comparative overview of Host Fees (cost per ton) completed by R3 pertaining to solid waste facilities1 proximal to the Recycling Industries’ facility with similar Host Fee considerations as Yuba City2 (see Background section of this memorandum for typical Host Fee categories).
Table 1: Host Fee Comparison
R3’s survey of facilities indicates that fees range from $1.10 to $7.40 per ton, indicating a mean of $5.57 and an average fee of $5.44. Under the current Use Permit for RI, if the facility were operating at capacity, 100 tons per day would be subject to the Host Fee. At the identified average of $5.44 per ton, the revenue generated annually for the City would be $198,5603 per year.
However, given the City’s indication that tonnage received is substantially lower than the 100 tons per day currently permitted at the RI facility4, it is reasonable to consider a Host Fee lower than the average of the facilities indicated in Table 1. A Host Fee of $4.775 would yield an annual $174,105 at the current capacity of 100 tons per day. Should the City choose this approach, the inclusion of an escalator, whereby the Host Fee is increased based on a tonnage volume, should be considered. Additionally, an annual Consumer Price Index (CPI) adjustment, is warranted to keep pace with inflation. 1 Represents R3’s most recent data, cost subject to change. 2 R3’s initial analysis focused on a broader review of Host Fees featuring a diverse set of facilities; that survey data was further refined to a more geographically targeted subset of facilities for Table 1. 3 $544 per day multiplied by 365 working days (Monday through Sunday, including holidays). 4 Per Yuba City, March 3, 2022.
5 The interim Host Fee of $4.40 with first annual CPI adjustment applied. $1.10
$2.00
$4.40
$4.40
$5.13
$6.19
$6.00
$6.00
$7.40
$7.40
0 2 4 6 8
Alameda County Ind. (San Leandro)
Galt Transfer Station
Ostrom Road Landfill
Marysville Transfer Station
Yolo County Central Landfill
Hay Road Landfill
Altamount Transfer Station/Landfill
Vasco Rd. Landfill (Livermore)
Pine Grove Transfer Station
Western Amidor Transfer Station
Yuba City Host Fee Survey
July 18, 2023
Key Findings:
The highest identified Host Fee in the refined survey is $7.40 per ton.
The lowest identified Host Fee is $1.10 per ton.
The average of identified Host Fees in the refined survey is $5.44 per ton.
RI is receiving less than the current per day capacity of 100 tons.
Recommendations:
Set the Host Fee for the RI transfer facility at $4.77 per ton.
Include an annual CPI6 adjustment (effective January 1, 2024) based on the percentage change in the CPI, beginning with the base and the preceding 12-month period ending July 31.
The next annual CPI adjustment (effective January 1, 2024) should be based on the percentage change between the CPI for the base year, August 1, 2021 through July 31, 2022 (the prior preceding 12-month period), and the CPI for the period of August 1, 2022 through July 31, 2023 (the preceding 12-month period).
If the tonnage volume at RI increases to 50% or more of the current permitted capacity of 100 tons per day, the Host Fee assessment should be re-opened to ensure the fee charged is still viable.
6 West region CPI-U
Agenda Item 13
CITY OF YUBA CITY
STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: THIS ITEM IS TIME CERTAIN AT 6:50PM, FOR VERBAL COMMENT DIAL 1- 866-730-7514 PIN# 663320
Public Hearing No. 4 for Updating of City Councilmember District Boundaries for Annexed Property
Recommendation: Conduct a Public Hearing to receive public input on district boundaries to account for property annexed to the City
Fiscal Impact: None
Purpose:
To receive a report on the districting process for annexed property and permissible criteria to be considered to modify district boundaries; and conduct a Public Hearing to receive public input on district boundaries.
Council's Strategic Goal:
Including recently annexed areas into the City Council District Boundaries addresses the City Council's overarching goal of quality of life.
Background:
Prior to the November 2022 election, City Councilmembers were elected at-large in which every voter in the City voted for each member of Council, regardless of where the voter or the candidate is registered to vote in the City. Under a district-based system of elections, the City is divided into districts, candidates may only run for the seat representing the district in which they are registered to vote, and voters may only vote for a candidate from their district. One of the reasons for the transition is that district elections are consistent with the California Voting Rights Act (CVRA), which encourages district elections for communities with a significant population of minority groups.
Between September 21, 2021, and February 1, 2022, the City Council held five public hearings to establish a District-Based System of Elections for members of the City Council. On February 1, 2022, City Council adopted an Ordinance adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to establish a District-Based System of Elections for members of the City
Council. The Ordinance is based on the National Demographics Corporation (NDC) Green Map (NDC Green Map), which is based on data from the 2020 census, and includes election sequencing to transition to a District-Based System of Elections.
Since the adoption of the current boundary maps, there have been significant annexations in the southwest and southern portions of Yuba City, adjacent to Council Districts 4 and 5. The annexed areas are currently primarily vacant agricultural land. The Council District Boundary Maps need to be modified to incorporate the annexed areas and be adopted prior to April 2024.
On November 7, 2023, a Public Hearing was held to receive input from the community regarding updating the District Boundaries to include annexed properties. One member of the public spoke and recommended that the boundaries for Districts 4 and 5 be split at Highway 99. There was no public comment at the Public Hearings held on December 19, 2023, and January 16, 2024.
Analysis:
Process
The City Council typically chooses where the district lines will be drawn every 10 years based on the latest U.S. Census. Between these regular 10-year updates, changes to district boundaries are typically not allowed under the Elections Code. However, there is an exception for circumstance here, as new territory has been annexed into the City and the total annexed territory contains less than 25% of the City's population. In such cases, the City Council may update the district boundaries to allow for the new members of the community to vote in City elections, etc.
State laws set strict criteria for the updates of the district boundaries in such circumstances.
Specifically the City Council is required to add the new territory "to the nearest existing Council district without changing the boundaries of other Council district boundaries." Even though the criteria for setting the boundaries for annexed property is constrained by State law, the default procedures for redistricting boundaries still apply. Under these procedures the public will have the opportunity to draw and submit district maps for Council's consideration, and the City may develop its own maps for consideration. By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• One Public Hearing was held on November 7, 2023, to invite public input regarding the composition of the City's voting districts before any draft maps are drawn. • Two Public Hearings were held on December 19, 2023 and January 16, 2024, to invite public input regarding the composition of the City's proposed modifications to the voting districts based on the attached draft map.
• Two additional Public Hearings will be held to invite public input regarding the composition of the City's proposed modifications to the voting districts based on the attached draft map. These hearings are currently scheduled for February 6 and February 20, 2024. • After the Public Hearings, the City Council will introduce an ordinance establishing a map with the modified voting division boundaries, scheduled for February 20, 2024, and the ordinance will then be presented for final adoption on March 5, 2024.
Mandatory Criteria for Creating Districts
While public input concerning the composition of the City's voting divisions will be considered, as noted above there are several mandatory criteria that the City must comply with when the actual divisions are created:
1. Any annexed property must be added to the nearest existing Council district; and
2. No other changes to existing Council districts can occur.
Fiscal Impact:
There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.
Alternatives:
Decline to hold a Public Hearing at this time.
Recommendation:
Conduct a Public Hearing to receive public input on district boundaries.
Attachments:
1. Attachment 1 - Council Districts Map with Annexations
2. Attachment 2 - Council Districts Map with Proposed Boundary Modifications Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
ATTACHMENT 2
District 5
District 4
District 3
District 2
District 1
District 4
Proposed
District 4
Proposed
District 5
Proposed
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Council Districts
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Kevin Bradford, Deputy Public Works Director - Engineering Summary
Subject: Public Hearing - B Street Crosswalk Removal at Cooper Avenue Recommendation: A. Conduct a Public Hearing and;
B. Adopt a Resolution eliminating the east crosswalk on B Street at Cooper Avenue
Fiscal Impact: Staff time to remove the crosswalk, relocate the associated rectangular rapidly flashing beacon to B Street at University Avenue, and install temporary access ramp barricades. Permanent access ramp improvements will also be required Purpose:
To facilitate a request from Yuba City High School to modify City crosswalk markings with the intention of improving safety for pedestrians and improving the flow of vehicular traffic during school dropoff/pick-up times.
Council’s Strategic Goal:
This project addresses the City Council’s Strategic Goals of improving the City’s infrastructure and providing services that serve and protect its residents.
Background:
Yuba City High School has requested to remove the east crosswalk on B Street, at the intersection with Cooper Avenue. Refer to Attachment 1, Exhibit A. Both crosswalks on B Street and the crosswalk on Cooper Avenue date back several decades. There are curb ramps in all four quadrants of the intersection, none of which meet current ADA standards. Rectangular rapidly flashing beacons (RRFB’s) were installed for both B Street crosswalks in the summer of 2020 with funding provided by the Feather River Air Quality Management District through the Blue Sky grant program.
Section 21950.5 of the California Vehicle Code (CVC) states that an existing marked crosswalk may not be removed unless notice and opportunity to be heard is provided to the public not less than 30 days prior to scheduled removal. This section of the California Vehicle Code also indicates that notice of the proposed removal shall be posted at the crosswalk identified for removal.
On December 19, 2023 Council adopted Resolution 23-165 setting February 6, 2024 at the Yuba City
Council Chambers as the date and place for hearing all persons interested in the question of the proposed crosswalk removal and directing the Public Works Director to post Resolution 23-165 in accordance with CVC Section 21950.5. On January 5, 2024 Public Works staff posted Resolution 23- 165 at the crosswalk proposed for removal in accordance with CVC Section 21950.5.
Analysis:
Public Works staff reviewed the B Street at Cooper Avenue intersection operations during school dropoff/pick-up times. Drivers were observed proceeding into the intersection when the crosswalk closest to them cleared, only to find that the next crosswalk was occupied. The result is that vehicles were forced to wait in the middle of the intersection, disrupting the flow of traffic. The disruption in traffic flow appears to cause drivers to become impatient, which has a general effect of reducing pedestrian safety.
Staff recommends that Council consider eliminating the crosswalk, as requested by Yuba City High School. The primary basis for this recommendation is that having multiple crosswalks at this intersection presents a challenge for drivers during school drop-off/pickup times and the west crosswalk is the better location to direct students attending Yuba City High School.
Public Works has posted notice of the proposed crosswalk removal at the crosswalk location in accordance with CVC Section 21950.5. To date, Public Works and the City Clerk have not received any objections to the proposed crosswalk removal. Upon conducting a public hearing tonight, all requirements of the CVC pertaining to removal of existing crosswalks will have been met.
Fiscal Impact:
Public Works maintenance staff time will be required to remove the crosswalk, relocate the associated rectangular rapidly flashing beacon to B Street at University Avenue, and install temporary access ramp barricades.
Permanent access ramp improvements will also be required. Staff proposes that permanent access ramp improvements be incorporated into a future sidewalk improvements project, likely funded with CDBG funds.
Environmental:
Staff has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as this item is for the modifications of an existing roadway, sidewalk, and pedestrian/vehicular transportation system, which will not result in the expansion of capacity at this location or the roadway system. Furthermore, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project.
Alternatives:
Reject the request to remove the crosswalk.
Recommendation:
A. Conduct a Public Hearing and after consideration;
B. Adopt a Resolution eliminating the east crosswalk on B Street at Cooper Avenue pursuant to Section 21950.5 of the California Vehicle Code.
Attachments:
1. Resolution - B St at Cooper Ave Crosswalk Removal Public Hearing 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
ELIMINATING THE CROSSWALK ON B STREET AT THE EAST SIDE OF COOPER AVENUE
WHEREAS, Yuba City High School staff have presented a written request to remove the east crosswalk on B Street at the intersection with Cooper Avenue; and WHEREAS, after careful review of the B Street at Cooper Avenue intersection during school dropoff/pickup times, City staff determined that having multiple crosswalks at this intersection presents a challenge for drivers and that the west crosswalk is the preferred location to direct students attending Yuba City High School; and
WHEREAS, on December 19, 2023, the City Council of the City of Yuba City adopted Resolution 23-165 setting the 6th day of February 2024, at the Yuba City Council Chambers, Yuba City Hall, 1201 Civic Center Boulevard, Yuba City, California, as the time and place for hearing all persons interested in the question of the proposed removal of the said crosswalk, and WHEREAS, said Resolution 23-165 directed and instructed the Public Works Director to post Resolution 23-165 in accordance with Section 21950.5 of the California Vehicle Code sufficiently in advance of the said time and place set for hearing on the proposed crosswalk removal, and WHEREAS, on January 5, 2023, Resolution 23-165 was posted at the said crosswalk in accordance with Section 21950.5 of the California Vehicle Code, and WHEREAS, on February 6, 2024, at the Yuba City Council Chambers, Yuba City Hall, 1201 Civic Center Boulevard, Yuba City, California, the City Council of the City of Yuba City held a public hearing for hearing all persons interested in the question of the proposed removal of the said crosswalk.
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. Based on a preliminary environmental assessment of this project, the City Council determines that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 as this item is for the modifications of an existing roadway, sidewalk, and pedestrian/vehicular transportation system, which will not result in the expansion of capacity at this location or the roadway system. Furthermore, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project.
3. The east crosswalk on B Street at Cooper Avenue be and the same is hereby eliminated.
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 6th day of February, 2024.
AYES:
NOES:
ABSENT:
_____________________________
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Location Map
EXHIBIT “A”
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment