Agenda packet — Yuba City City Council, May 21, 2024 (part 1 of 2)

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
MAY 21, 2024

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

AND CITY COUNCIL

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

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AGENDA

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

AND CITY COUNCIL

CITY COUNCIL - CITY OF YUBA CITY
MAY 21, 2024
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 and Successor Agency to the Redevelopment Agency 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://yubacity-net.zoom.us/webinar/register/WN_QdqmGZ9RQtmNs-AfcjD32A Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council and Successor Agency to the Redevelopment Agency 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 to closed session.

Closed Session
Public Employee Performance Evaluation (Pursuant to Government Code §54957(b)(1).) Position: City Manager
Regular Meeting
Call to Order
Roll Call
__ Mayor Harris
__ Vice Mayor Shaw
__ Councilmember Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale

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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. National Public Works Week Proclamation

2. Tuberous Sclerosis Complex Awareness Proclamation

3. Sutter Co Children and Families Commission - 25th Year Proclamation

4. Adventist Health and Rideout - Project Hope Update

5. Greater Sacramento Economic Council (GSEC) Presentation

6. Regional Waste Management Authority - SB 1383 Compliance Update Public Communication

7. 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.

8. Minutes for the May 7, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council
Recommendation: Approve the Minutes from the May 7, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council

9. First Level Managers and Mid-Managers Side Letters
Recommendation: Adopt a Resolution:

A. Approving the side letter for certification pay and short-term disability for First Level Managers
B. Approving the side letter for certification pay for MidManagers C. Authorizing the Finance Director to amend the salary schedule to include certification pay at the rate of 1.5% percent of base salary for qualifying employees for First Level Managers and Mid Managers

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10. Community Sponsorship Requests
Recommendation: Consider the sponsorship requests from the Beale Military Liaison Council, Inc., and 93Q Radio, and if approved:

11. Harter Estates North (Annexation #5 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Harter Estates North, 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 Fifth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

12. Boat, Trailer, RV Parking Ordinance Update
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City amending regulations for the parking of boats, trailers, and recreational vehicles in one and two family residential districts by title only, waive the second reading, and approve exemptions pursuant to CEQA Guidelines Section 15061(b)(3) and 15301 (Existing Facilities)

13. AB 481 Annual Military Equipment Report
Recommendation: Adopt a Resolution that the 2023 Annual Report as required by AB 481 has been reviewed, the current Ordinance has been reviewed, and continue to allow YCPD to use the existing equipment that falls under the military equipment use policy (YCPD policy 707) that complies with the requirement of AB 481

14. Executive Management Resolution - Terms of Employment Recommendation: A. Adopt a Resolution authorizing the unrepresented Executive Management employees Resolution effective June 1, 2024
B. Adopt a Resolution authorizing the City Manager authority to negotiate any non-monetary matters with the Department Heads C. Adopt a Resolution authorizing a one-time, non-PERSable stipend payment to the Chief of Police.

15. Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, and Yuba City Lighting and Landscape Maintenance District No. 2, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972

16. Yuba City Lighting and Landscape District Nos. 3-4 - Annual Levy Initiation

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

17. Yuba City Lighting and Landscape District Nos. 5-6 - Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972

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

19. Plumas Street Trees - Highway 20 to Bridge Street
Recommendation: Receive options for Plumas Street trees between Highway 20 and Bridge Street and provide direction to staff

20. Fire Station No. 2 Dorm Room Expansion Project Award Recommendation: Adopt a Resolution with the following actions:

A. Award a construction contract to United Building Contractors, Inc. of Chico, CA in the amount of their total bid of $916,702.00 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Award a Professional Services Agreement to MatriScope Engineering Laboratories, Inc. of Sacramento, CA for Special Inspection and Testing Services in the amount of $26,716.80 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, and subject to review and approval as to legal form by the City Attorney, with a finding that it is in the best interest of the City
C. Authorize the Finance Director to make a supplemental appropriation in the amount of $122,412.85 from unallocated General Funds to CIP Account No. 1236 (Fire Station 2
Expansion), to fund the Fire Station No. 2 Dorm Room
Expansion Project

21. MOU with Sutter County for FLOCK Cameras, Agreement with FLOCK Recommendation: Adopt a Resolution to:

A. Accept the funding from the Community Corrections
Partnership (CCP) in the amount of $256,250.00

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B. Authorize the purchase and installation of 25 Flock
Cameras, with the finding that it is in the best interest of the City
Adopt a Resolution to:

A. Authorize the execution of a Memorandum of
Understanding (MOU) with Sutter County for the use of Flock Cameras, authorize the City Manager to execute the MOU on behalf of the City of Yuba City, and authorize the Chief of Police to enter into a Master Service Agreement with Flock Safety

22. City Welcome Sign – Ad Hoc Committee Follow Up
Recommendation: Receive follow up presentation on the City Welcome Sign Ad Hoc Committee, discuss, and provide staff with direction Future Agenda Items

23. Future Agenda Items
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

24. City Manager's Report

25. City Council Reports
Adjournment

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Proclamation
of the City Council
National Public Works Week
May 19-25, 2024
“Advancing Quality of Life for All”
WHEREAS, the City of Yuba City Public Works Department is proud to create and maintain the vital infrastructure of the City, including construction and maintenance of transportation facilities, water treatment and supply, wastewater treatment and collection, and public facility development and stewardship; and
WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, engineers, managers, and employees at all levels of government and the private sector, who are federally mandated first responders responsible for rebuilding, improving, and protecting our nation’s infrastructure essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Yuba City to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their community; and WHEREAS, the 2024 APWA theme of “Advancing Quality of Life for All” recognizes the way public works professionals advance our quality of life by providing essential services that lead to healthier, happier, more vibrant communities; and
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association.

NOW, THEREFORE, BE IT RESOLVED, that I, Shon Harris, Mayor of the City of Yuba City, and on behalf of the entire Council, do hereby proclaim the week of May 19 - 25, 2024, as Public Works Week, and ask that citizens and civic organizations alike acquaint themselves with the issues involved in providing public works services and recognize the contributions that the men and women of Public Works make in our daily lives.

Done this 21st day of May, 2024, at the City of Yuba City, County of Sutter, State of California

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Proclamation
of the City Council

TUBEROUS SCLEROSIS COMPLEX

AWARENESS DAY
WHEREAS, an estimated 50,000 Americans and 1 million people worldwide have been diagnosed with Tuberous Sclerosis Complex (TSC), a genetic disease with no cure; and WHEREAS, Tuberous Sclerosis Complex is often a devastating disorder that causes tumors to form in vital organs, including the brain, heart, kidneys, skin, liver and lungs; and WHEREAS, the disease is also the leading genetic cause of both epilepsy and autism; and WHEREAS, Tuberous Sclerosis Complex affects some people severely, and others so mildly it often goes undiagnosed; and
WHEREAS, the incidences of TSC are as common as Lou Gehrig’s disease (ALS) or cystic fibrosis, making increased awareness of TSC vitally important; and WHEREAS, the Tuberous Sclerosis Alliance and other groups around the world have joined together to promote awareness of the disorder to ensure people with TSC get the best possible treatment and proper diagnosis.

NOW, THEREFORE, BE IT RESOLVED, that I, Shon Harris, Mayor of the city of Yuba City, and on behalf of the entire Council do hereby proclaim May 15, 2024 as TUBEROUS SCLEROSIS COMPLEX AWARENESS DAY and urge all of our citizens to support the search for a cure and assist those individuals and families who deal with this challenging disease on a daily basis.

Done on this 21st day of May 2024 in the City of Yuba City, County of Sutter, State of California

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Proclamation
of the City Council

SUTTER COUNTY CHILDREN & FAMILIES COMMISSION
25 Years of Service
WHEREAS, the Sutter County Children & Families Commission, also known as First 5 Sutter, was established in 1999 by the Sutter County Board of Supervisors after California affirmed its support for a revenue stream dedicated to the state’s youngest children and passed Proposition 10, the California Children and Families Act to support efforts aimed at improving the early development of children, from the prenatal stage to five years of age; and

WHEREAS, recognizing since its inception that all children are our children, the Sutter County Children & Families Commission has worked to create an equitable environment that supports children and their families in reaching their full potential. Sutter County Children & Families Commission focuses on efforts that bring together diverse resources and perspectives to create family-centered approaches to improving childhood development; and
WHEREAS, in partnership with the community, Sutter County Children & Families Commission supports a countywide prevention system that promotes optimal health and development, increases opportunities, and enhances the lives of children and their families, with a commitment to equity and inclusiveness; and WHERES, Sutter County Children & Families Commission affirms that strong, positive relationships with parents and caregivers are most important to children's resilience, that parents are the child's first teacher, and that all caregivers should have access to support and information that enables children to thrive; and WHEREAS, Sutter County Children & Families Commission has worked to ensure that people whose careers include supporting families and young children have access to professional development opportunities that allow them to increase their knowledge and skills in child development, social-emotional learning, and family support, with a focus on equitable practices and cultural competence; and WHEREAS, over the past twenty-five years Sutter County Children & Families Commission has been at the forefront of providing early childhood services, advocating for policy change, and helping to build capacity for service providers. Sutter County Children & Families Commission has served more than 425,000 children, families and providers and invested more than $26 million into the community.

NOW, THEREFORE, BE IT RESOLVED, that I, Shon Harris, Mayor of the City of Yuba City, and on behalf of the entire Council, do hereby recognize and commend the Sutter County Children and Families Commission for their unwavering commitment to the wellbeing of all children and congratulates the Commission on their 25th Anniversary.

Done this 21st day of May, 2024, at the City of Yuba City, County of Sutter, State of California

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Presentation by Barry Broome, President and CEO
Greater Sacramento Economic Council (GSEC)

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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]

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Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes for the May 7, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council
Recommendation: Approve the Minutes from the May 7, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council Fiscal Impact:

Attachments:

1. 5-7-2024 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

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ATTACHMENT 1

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MINUTES (DRAFT)

REGULAR MEETING OF THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
MAY 7, 2024
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Harris at 6:00 PM Roll Call

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

Absent: None
Invocation/Inspiration
Pastor Robert Fischetti
Pledge of Allegiance to the Flag
Councilmember Wade Kirchner
Agenda Modifications/Approval of Agenda
Scott Scholz, RWMA Executive Director was unable to attend. Item to be rescheduled for a later date.

Due to anticipated recusals, Items 13 & 14 were pulled from the Consent Calendar and voted on separately.

Staff provided a memo to clarify Consent Calendar Item 7 (Benefit Agreements Staff Report).

Hard copies of the memo were distributed to Council and were made available for the public in the foyer. The Clerk read the memo aloud for the record.

Ceremonial Presentations

1. Housing Infill Analysis Project
Ashley Potocnik, Development Liaison, gave a presentation

2. Regional Waste Management Authority - SB 1383 Compliance Update [Item to be rescheduled for a later date]

3. Sutter Animal Services Presentation
Megan Anderson, Animal Services Manager, gave a presentation

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4. Potential November 2024 Revenue Measure Update
Diana Langley, City Manager, gave a presentation
Public Communication

5. Appearance of Interested Citizens
Keith Kaneko spoke
Consent Calendar
Due to anticipated recusals, items 13 & 14 were pulled from the Consent Calendar to be voted on separately.

Councilmember Boomgaarden moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 6-12 & 15-20

6. Minutes from the April 16, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council
Approve the Minutes from the April 16, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council

7. Benefit Agreements
Adopt Resolution 24-038 to authorize continued use of benefit agreements previously approved under City Manager authority (Including clarification provided by staff)

8. Compliance Report for State Mandated Annual Fire Inspections Adopt Resolution 24-039 acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4

9. Presentation of Investment Report – Quarter Ended March 31, 2024 Note & File Quarterly Investment Report

10. Agreement for Purchase and Sale of Real Property located at 454 Stevens Avenue (APN 052-401-014) to Sukhvinder Bassi and Brett Scheidel Adopt Resolution 24-040 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at 454 Stevens Avenue (APN 052-401-014), and all other necessary documents, in the amount of $40,000 to Sukhvinder Bassi and Brett Scheidel, and authorize the Finance Director to remit the proceeds to the Sutter County AuditorController for distribution to the taxing entities per the Long Range Property Management Plan

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11. Agreement for Purchase and Sale of 356 Wilbur Avenue (APN 052-401- 009) to Sukhvinder Bassi and Brett Scheidel
Adopt Resolution 24-041 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 356 Wilbur Avenue (APN 052-401-009), and all other necessary documents, in the amount of $40,000 to Sukhvinder Bassi and Brett Scheidel, and authorize the Finance Director to place sale proceeds in the General Fund

12. Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194- 013) to Gursharan Mann
Adopt Resolution 24-042 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $67,500 to Gursharan Mann, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
[Items 13 & 14 were pulled from the Consent Calendar to be voted on separately]

13. Agreement for Purchase and Sale of 265 Percy Avenue (APN 053-220-030) to Gursharan Mann
Adopt a Resolution authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053- 220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund

14. Agreement for Purchase and Sale of Real Property located at the southwest corner of C Street and Wilbur Avenue (APN 052-380-017) to Sutter Valley Medical Foundation
Adopt a Resolution authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of C Street and Wilbur Avenue (APN 052-380-017), and all other necessary documents, in the amount of $335,000 to Sutter Valley Medical Foundation, dba Sutter Medical Foundation, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan

15. Sutter County 2023 CDBG - Pathway to Work Program - Extension Adopt Resolution 24-045 amending the Agreement between the City of Yuba City and Sutter County for the Pathway to Work Program, to allow for an extension to expend the 2023 CDBG funding allocation

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16. Fleet Maintenance Budget Adjustments
Authorize the Finance Director to make a supplemental appropriation and related transfers of $200,000 from various City divisions to the Fleet Maintenance Division operating budget (Account No. 6605) for vehicle and equipment services for the remainder of Fiscal Year 23/24

17. First Amended Improvement Agreement Final Map of Harter Marketplace Adopt Resolution 24-046 authorizing the City Manager to approve the execution of the First Amended Improvement Agreement Final Map of Harter Marketplace with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company [Development is located on the west side of the Harter Parkway and north of State Route 20]

18. Sutter Bike Path Extension - Grant of Easement Deed Adopt Resolution 24-047 authorizing the Mayor to execute an Easement Deed granting an easement to PG&E for operations and maintenance of their facilities and associated equipment on City-owned property

19. Sutter County Planning Commissioner Appointment
Reappoint Karri Campbell to the Yuba City Planning Commission for a third term

20. Code Enforcement Officer Safety Guidelines
Adopt Resolution 24-048 of the City Council of the City of Yuba City establishing Code Enforcement Officer Safety Guidelines pursuant to State Senate Bill 296
The motion was passed unanimously
Business Items
[Items 13 & 14 were pulled from the Consent Calendar to be voted on separately]

13. Agreement for Purchase and Sale of 265 Percy Avenue (APN 053-220-030) to Gursharan Mann
Vice-Mayor Shaw recused himself
Councilmember Kirchner moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 24-043 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053- 220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund

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The motion was passed with 4 votes [Shaw Recused]

14. Agreement for Purchase and Sale of Real Property located at the southwest corner of C Street and Wilbur Avenue (APN 052-380-017) to Sutter Valley Medical Foundation
Vice-Mayor Shaw recused himself
Councilmember Kirchner moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 24-044 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of C Street and Wilbur Avenue (APN 052-380-017), and all other necessary documents, in the amount of $335,000 to Sutter Valley Medical Foundation, dba Sutter Medical Foundation, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
The motion was passed with 4 votes [Shaw Recused]

21. Tierra Buena Community – Traffic Ad Hoc Committee
Vice-Mayor Shaw and Councilmember Boomgaarden were designated to steer the Tierra Buena Community Ad Hoc Committee for a period not to exceed one (1) year, unless additional action is taken by Council

22. Recycling Industries – Amendment to Use Permit (UP 17-05) and Development Plan (DP 17-03)
Mayor Harris opened the hearing of appeal to a decision of the Planning Commission The Clerk confirmed that staff reports and other written materials included in the agenda packet were received and filed. No additional documents were received after the agenda packet was distributed.

Applicant (Recycling Industries) Representative: Scott Miller, spoke Opposition (Stop the Dump) Representative: Bridget Barnes spoke Jeff Stephens spoke
Scott Khunen spoke
Rico Diaz spoke
Applicant (Recycling Industries) Representative: Scott Miller, provided a rebuttal Mayor Harris closed the hearing of appeal to a decision of the Planning Commission Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 24-049 of the City Council of the City of Yuba City denying an amendment to Use Permit 17-05 and Development Plan 17-03 based on the findings contained in the Resolution; Recycling Industries; located at 140 Epley Drive, Assessor’s Parcel 54-083-026

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The motion was passed unanimously

23. Boat, Trailer, RV Parking Ordinance Update
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Councilmember Kirchner moved and Vice-Mayor Shaw seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City amending regulations for the parking of boats, trailers, and recreational vehicles in one and two family residential districts by title only and waive the first reading, and approve exemptions pursuant to CEQA Guidelines Section 15061(b)(3) and 15301 (Existing Facilities)
The motion was passed unanimously

24. City-County Cooperative Agreement - FY 2023-24 Sutter County Road Overlay Project
Councilmember Boomgaarden moved and Mayor Harris seconded the motion to:

Adopt Resolution 24-050 authorizing the execution of a Cooperative Agreement with the County of Sutter for the roadway and roadway component improvements associated with the FY 2023- 24 Sutter County Road Overlay Project
The motion was passed unanimously

25. Police Department Evidence Storage Building (1545 Poole Blvd, Yuba City, CA 95993) - Contract Award
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 24-051 which takes the following actions:

A. Awards a construction contract to Frank Webb Construction of Wheatland, CA in the amount of their total base bid of $797,110.89, and adopts a CEQA Class 3 Categorical Exemption
B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney C. Authorize the Finance Director to make a supplemental appropriation in the amount of $155,000.00 from unallocated General Funds to CIP Account No. 901278 (Police Department Evidence Storage Building)
Future Agenda Items

26. Future Agenda Items

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Councilmember Pasquale requested that staff follow-up with an updated Ordinance related to electrified fencing
Reports and Communications

27. City Manager's Report

28. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned the Regular Meeting of the City Council at 8:45 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

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Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: First Level Managers and Mid-Managers Side Letters Recommendation: Adopt a Resolution:

A. Approving the side letter for certification pay and short-term disability for First Level Managers
B. Approving the side letter for certification pay for Mid-Managers C. Authorizing the Finance Director to amend the salary schedule to include certification pay at the rate of 1.5% percent of base salary for qualifying employees for First Level Managers and Mid Managers
Fiscal Impact: The estimated increase for Fiscal Year 2023-24 is $4,000 for the general fund, $1,100 each for the water and wastewater funds, and $1,300 for the vehicle maintenance fund. The estimated increase for Fiscal Year 2024-25 is up to $9,300 for the general fund, $3,000 each for the water and wastewater funds, and $1,300 for the vehicle maintenance fund. The fiscal impact broken down by bargaining unit going forward is estimated at up to $3,800 per year for the MidManager group and $12,700 for the First Level Managers group Purpose:

To approve the First Level Managers (FLM) side letter for certification pay and short term disability and the Mid-Managers (MM) side letter for certification pay for qualifying employees.

Council's Strategic Goal:

These Side Letters address the City Council's Strategic Goal of being business friendly and infrastructure because the employees who are in these bargaining units provide services to the public and maintain and oversee the City's infrastructure.

Background:

On February 6, 2024, City Council approved the Public Employees' Union, Local 1/AFSCME 57 (Local 1) Memorandum of Understanding which included new certification pay as well as updating to base rate of pay for certificates for qualifying employees to receive:

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1) 1.5% base rate of pay for Qualified Pesticide Applicator's License 2) 1.5% base rate of pay for Pool Operations Certificate 3) 1.5% base rate of pay for Certified Playground Safety Inspector 4) 1.5% base rate of pay for Special Class Drivers' License Pay

Various members of the First Level Managers Unit and the Mid-Managers Unit also maintain similar certifications the City has determined to be beneficial. As a result, the City met and conferred with First Level Managers and Mid-Managers bargaining units to discuss similar certificate pay. Employees who are represented by the bargaining unit MOUs are qualifying employees.

Additionally, the City Council has approved the transition of First Level Managers to State Disability Insurance (SDI), effective July 1, 2024. The City currently employs one permanent employee who remotely works out-of-state. During the implementation phase, staff became aware that out-of-state residency prevents an employee’s eligibility for SDI coverage. The City met with First Level Managers to discuss an alternative short term disability coverage option for employees with out-of-state status.

Analysis:

The First Level Managers have agreed to the side letter:
• Employees in the Parks Division who possess a Qualified Pesticide Applicator’s Certificate receive one and a half percent (1.5%) of their base rate of pay. • Employees in the Parks Division who possess a Pool Operations Certificate receive one and a half percent (1.5%) of their base rate of pay.
• Employees in the Community Services Department who possess a Certified Playground Safety Inspector (CPSI) Certificate receive one and a half percent (1.5%) of their base rate of pay. • Employees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay.

First Level Manager employees who do not qualify for State Disability Insurance due to out-of-state residency will be permitted to participate, at their own expense, in a third-party provider program, which currently is UNUM. The transition to UNUM will occur when SDI is effective for the other FLM members. The City recently transitioned the Confidential, Mid-Managers, Civilian Department Heads and City Manager to UNUM for short-term disability benefits as of April 1, 2024.

The Mid-Managers have agreed to the side letter:
• Employees in the Parks Division who possess a Pool Operations Certificate receive one and a half percent (1.5%) of their base rate of pay.
• Employees in the Community Services Department who possess a Certified Playground Safety Inspector (CPSI) Certificate receive one and a half percent (1.5%) of their base rate of pay. • Employees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay.

Fiscal Impact:

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The estimated increase for Fiscal Year 2023-24 is $4,000 for the general fund, $1,100 each for the water and wastewater funds, and $1,300 for the vehicle maintenance fund. The estimated increase for Fiscal Year 2024-25 is up to $9,300 for the general fund, $3,000 each for the water and wastewater funds, and $1,300 for the vehicle maintenance fund. The fiscal impact broken down by bargaining unit going forward is estimated at up to $3,800 per year for the Mid-Manager group and $12,700 for the First Level Managers group.

Alternatives:

Do not approve the side letters for First Level Managers and Mid-Managers and provide staff direction.

If not approved, First Level Managers and Mid-Managers will not be compensated for these operationally valuable certifications including driving the bus.

Recommendation:

Adopt a Resolution:

A. Approving the side letter for certification pay and short term disability for First Level Managers.

B. Approving the side letter for certification pay for Mid-Managers.

C. Authorizing the Finance Director to amend the salary schedule to include certification pay at the rate of 1.5% percent of base salary for qualifying employees for First Level Managers and Mid Managers.

Attachments:

1. FLM Resolution

2. FLM Side Letter

3. MM Resolution

4. MM Side Letter

5. FLM Certification Pay - Costing

6. MM Certification Pay - Costing

7. Salary Schedule
Prepared By: Submitted By:

Reyna Jimenez
Administrative Analyst
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE SIDE LETTER FOR FIRST LEVEL MANAGERS (FLM)

CERTIFICATION PAY & SHORT TERM DISABILITY
WHEREAS, the City recognizes the First Level Managers’ (FLM) 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 side letter to discuss certification pay and short term disability;

WHEREAS, the First Level Managers bargaining units have agreed to the side letter for certification pay and short term disability.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:
1) Approve the attached, First Level Managers side letter (Attachment 2), which adds certification pay and optional short term disability program to the existing MOU.

2) Authorize the Finance Director to amend the salary schedule to include certification pay at the rate of 1.5% percent of base salary for qualifying employees for First Level Managers.

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 21st day of May 2024.

AYES:

NOES:

ABSENT:
________________________
Shon Harris, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

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

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ATTACHMENT 2

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ATTACHMENT 3

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RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE SIDE LETTER FOR MID MANAGERS (MM)

CERTIFICATION PAY
WHEREAS, the City recognizes the Mid Managers’ (MM) commitment to the City and its citizens while providing outstanding and dedicated service to all and;

WHEREAS, City staff and Mid Managers met and conferred over the side letter to discuss certification pay;

WHEREAS, the Mid Managers bargaining units have agreed to the side letter for certification pay.

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

1) Approve the attached, Mid Manager side letter (Attachment 4) which adds the specified certificate pay to the existing MOU.

2) Authorize the Finance Director to amend the salary schedule to include certification pay at the rate of 1.5% percent of base salary for qualifying employees for Mid Managers.

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 21st day of May 2024.

AYES:

NOES:

ABSENT:
________________________
Shon Harris, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

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

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ATTACHMENT 4

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ATTACHMENT 5

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On-going One-time Total GF Water WW SASA VMF
FY 2023-24
-
Pesticide Certificate - 1.5% of Base Salary $ - 1,318 1,318 1,318 - - - - Pool Operations Certificate - 1.5% of Base Salary $ - 1,318 1,318 1,318 - - - - Certified Playground Safety Inspector - 1.5% of Base Salary $ - 1,318 1,318 1,318 - - - - Special Class Drivers License Pay - 1.5% of Base Salary $ - 1,324 1,324 - - - - 1,324 Total Cost $ - $ 5,278 $ 5,278 $ 3,954 $ - $ - $ - $ 1,324 FY 2024-25
-
Pesticide Certificate - 1.5% of Base Salary $ - 1,318 1,318 1,318 - - - - Pool Operations Certificate - 1.5% of Base Salary $ - 1,318 1,318 1,318 - - - - Certified Playground Safety Inspector - 1.5% of Base Salary $ - 5,035 5,035 5,035 - - - - Special Class Drivers License Pay - 1.5% of Base Salary $ - 5,041 5,041 - 1,858 1,858 - 1,324 Total Cost $ - $ 12,711 $ 12,711 $ 7,671 $ 1,858 $ 1,858 $ - $ 1,324 General Fund $ 11,624 $ 11,624
Water $ 1,858 $ 1,858
Wastewater $ 1,858 $ 1,858
SASA $ - $ -
VMF $ 2,648 $ 2,648
City of Yuba City
First Level Managers Side Letter - May 21, 2024

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ATTACHMENT 6

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On-going One-time Total GF Water WW SASA VMF
FY 2023-24
Pesticide Certificate - 1.5% of Base Salary $ - - - - - - - - Pool Operations Certificate - 1.5% of Base Salary $ - - - - - - - - Certified Playground Safety Inspector - 1.5% of Base Salary $ - - - - - - - - Special Class Drivers License Pay - 1.5% of Base Salary $ - 2,186 2,186 - 1,100 1,100 - - Total Cost $ - $ 2,186 $ 2,186 $ - $ 1,100 $ 1,100 $ - $ - FY 2024-25
Pesticide Certificate - 1.5% of Base Salary $ - - - - - - - - Pool Operations Certificate - 1.5% of Base Salary $ - - - - - - - - Certified Playground Safety Inspector - 1.5% of Base Salary $ - 1,626 1,626 1,626 - - - - Special Class Drivers License Pay - 1.5% of Base Salary $ - 2,186 2,186 1,093 1,093 - - Total Cost $ - $ 3,811 $ 3,811 $ 1,626 $ 1,093 $ 1,093 $ - $ - General Fund $ 1,626 $ 1,626
Water $ 2,193 $ 2,193
Wastewater $ 2,193 $ 2,193
SASA $ - $ -
VMF $ - $ -
City of Yuba City
Mid-Managers Side Letter - May 21, 2024

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ATTACHMENT 7

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5/9/20249:34 AM
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
6064* INFORMATION TECHNOLOGY ANALYST FLM 7,150 7,508 7,883 8,277 8,689 Monthly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JULY 1, 2023

SALARY STEPS

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:34 AM

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

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:34 AM
Pensionable Compensation for New Members (PEPRA)
MOU Article 1.4 - Bilingual Pay - effective November 18, 2023 Employees who are proficient in speaking a foreign language, as determined by the City receive bilingual pay in the amount of 1.4% of the base rate of pay MOU Article 14.7 - Shift Differential
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.

MOU Article 14.1 - Water Certificate Pay
Non-Water FLM employees possessing a D-1, D-2 or D-3 certificate will receive an additional $50, non cumulative (cap) Certificate Pay
Employees in the Parks Division who possess a Qualified Pesticide Applicator's Certificate will receive 1.5% of their base rate of pay.

Employees in the Parks Division who possess a Pool Operations Certificate will receive 1.5% of their base rate of pay Employees in the Community Services Department who possess a Certified Playground Safety Inspector Certificate will receive 1.5% of their base rate of pay
Employees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay * 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

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:35 AM
First Level Management - EMPLOYEES HIRED ON OR AFTER NOVEMBER 25, 2017 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6 7 8 9
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

11. 5-21-24 Salary Schedule MM, FLM

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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

11. 5-21-24 Salary Schedule MM, FLM

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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)
MOU Article 1.4 - Bilingual Pay - effective November 18, 2023 Employees who are proficient in speaking a foreign language, as determined by the City receive bilingual pay in the amount of 1.4% of the base rate of pay MOU Article 14.7 - Shift Differential
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.

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:35 AM
Mid Managers - EMPLOYEES HIRED PRIOR TO APRIL 28, 2018
JCN CLASSIFICATION Group 1 2 3 4 5
7165* ACCOUNTING MANAGER MM 10,041 10,543 11,070 11,624 12,205 Monthly

57.93 60.83 63.87 67.06 70.42 Hourly
7070* ADMINISTRATIVE ANALYST III MM 7,761 8,149 8,556 8,984 9,433 Monthly

44.78 47.01 49.36 51.83 54.42 Hourly
7125* ANIMAL SERVICES MANAGER MM 8,600 9,030 9,481 9,955 10,452 Monthly

49.62 52.10 54.70 57.43 60.30 Hourly
7112* CHIEF BUILDING OFFICIAL MM 9,857 10,350 10,868 11,411 11,981 Monthly

56.87 59.71 62.70 65.83 69.12 Hourly
7418* CITY CLERK ADMINISTRATOR MM 9,434 9,906 10,401 10,921 11,467 Monthly

54.43 57.15 60.01 63.01 66.16 Hourly
7185 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,468 12,041 12,643 13,275 13,939 Monthly

66.16 69.47 72.94 76.59 80.42 Hourly
7175* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,863 12,456 13,079 13,733 Monthly

65.18 68.44 71.86 75.46 79.23 Hourly
7195* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,388 9,857 10,350 10,867 11,411 Monthly

54.16 56.87 59.71 62.69 65.83 Hourly
7160* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,989 10,488 11,012 11,563 12,141 Monthly

57.63 60.51 63.53 66.71 70.05 Hourly
7110* DIVISION FIRE CHIEF MM 11,720 12,306 12,921 13,567 14,245 Monthly

67.62 71.00 74.54 78.27 82.18 Hourly
7120* ENGINEER - SENIOR MM 9,350 9,818 10,309 10,824 11,366 Monthly

53.94 56.64 59.48 62.45 65.57 Hourly
7200* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,534 10,011 10,512 11,037 Monthly

52.38 55.00 57.76 60.65 63.68 Hourly
7205* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,495 9,970 10,469 10,992 Monthly

52.17 54.78 57.52 60.40 63.42 Hourly
7105* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,519 11,045 11,597 12,177 Monthly

57.80 60.69 63.72 66.91 70.25 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 27, 2024

SALARY STEPS

11. 5-21-24 Salary Schedule MM, FLM

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7043* PARK MAINTENANCE MANAGER MM 6,928 7,274 7,638 8,020 8,421 Monthly

39.97 41.97 44.07 46.27 48.58 Hourly
7044* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 9,030 9,481 9,955 10,452 Monthly

49.62 52.10 54.70 57.43 60.30 Hourly
7065* PLANNER-SENIOR MM 7,611 7,992 8,392 8,812 9,253 Monthly

43.91 46.11 48.42 50.84 53.38 Hourly
7060* PLANNING MANAGER MM 9,556 10,034 10,536 11,063 11,616 Monthly

55.13 57.89 60.78 63.83 67.01 Hourly
7085* PROJECT MANAGER MM 7,879 8,273 8,687 9,121 9,578 Monthly

45.46 47.73 50.12 52.62 55.26 Hourly
7090* PUBLIC WORKS MAINTENANCE SUPERINTENDENT MM 9,071 9,525 10,001 10,501 11,026 Monthly

52.33 54.95 57.70 60.58 63.61 Hourly
7046* RECREATION MANAGER MM 8,062 8,465 8,888 9,332 9,799 Monthly

46.51 48.84 51.28 53.84 56.53 Hourly
MOU Article 1.5 - Bilingual Pay - effective November 18, 2023 Employees who are proficient in speaking a foreign language, as determined by the City - - - receive bilingual pay in the amount of 1.4% of the base rate of pay Certificate Pay
Employees in the Parks Division who possess a Pool Operations Certificate will receive 1.5% of their base rate of pay Employees in the Community Services Department who
possess a Certified Playground Safety Inspector Certificate will receive 1.5% of their base rate of pay
Employees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets,
Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:36 AM
Mid Managers - EMPLOYEES HIRED ON OR AFTER APRIL 28, 2018 JCN CLASSIFICATION Group 1 2 3 4 5 6 7 8 9
7565* ACCOUNTING MANAGER MM 10,041 10,292 10,543 10,807 11,070 11,347 11,624 11,915 12,205 Monthly

57.93 59.38 60.83 62.35 63.87 65.46 67.06 68.74 70.42 Hourly 7470* ADMINISTRATIVE ANALYST III MM 7,761 7,955 8,149 8,353 8,556 8,770 8,984 9,209 9,433 Monthly

44.78 45.89 47.01 48.19 49.36 50.60 51.83 53.13 54.42 Hourly 7525* ANIMAL SERVICES MANAGER MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly

49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7512* CHIEF BUILDING OFFICIAL MM 9,857 10,104 10,350 10,609 10,868 11,140 11,411 11,696 11,981 Monthly

56.87 58.29 59.71 61.21 62.70 64.27 65.83 67.48 69.12 Hourly 7419* CITY CLERK ADMINISTRATOR MM 9,434 9,670 9,906 10,154 10,401 10,661 10,921 11,194 11,467 Monthly

54.43 55.79 57.15 58.58 60.01 61.51 63.01 64.58 66.16 Hourly 7585 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,468 11,755 12,041 12,342 12,643 12,959 13,275 13,607 13,939 Monthly

66.16 67.82 69.47 71.20 72.94 74.76 76.59 78.50 80.42 Hourly 7575* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,581 11,863 12,160 12,456 12,768 13,079 13,406 13,733 Monthly

65.18 66.81 68.44 70.15 71.86 73.66 75.46 77.34 79.23 Hourly 7595* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,388 9,623 9,857 10,104 10,350 10,609 10,867 11,139 11,411 Monthly

54.16 55.52 56.87 58.29 59.71 61.21 62.69 64.26 65.83 Hourly 7560* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,989 10,239 10,488 10,750 11,012 11,288 11,563 11,852 12,141 Monthly

57.63 59.07 60.51 62.02 63.53 65.12 66.71 68.38 70.05 Hourly 7510* DIVISION FIRE CHIEF MM 11,720 12,013 12,306 12,614 12,921 13,244 13,567 13,906 14,245 Monthly

67.62 69.31 71.00 72.77 74.54 76.41 78.27 80.23 82.18 Hourly 7520* ENGINEER - SENIOR MM 9,350 9,584 9,818 10,064 10,309 10,567 10,824 11,095 11,366 Monthly

53.94 55.29 56.64 58.06 59.48 60.96 62.45 64.01 65.57 Hourly 7600* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,307 9,534 9,773 10,011 10,262 10,512 10,775 11,037 Monthly

52.38 53.69 55.00 56.38 57.76 59.20 60.65 62.16 63.68 Hourly 7605* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,269 9,495 9,733 9,970 10,220 10,469 10,731 10,992 Monthly

52.17 53.48 54.78 56.15 57.52 58.96 60.40 61.91 63.42 Hourly 7505* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,269 10,519 10,782 11,045 11,321 11,597 11,887 12,177 Monthly

57.80 59.24 60.69 62.20 63.72 65.31 66.91 68.58 70.25 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 27, 2024

SALARY STEPS

11. 5-21-24 Salary Schedule MM, FLM

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5/9/20249:36 AM
7443* PARK MAINTENANCE MANAGER MM 6,928 7,101 7,274 7,456 7,638 7,829 8,020 8,220 8,421 Monthly

39.97 40.97 41.97 43.02 44.07 45.17 46.27 47.42 48.58 Hourly 7444* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly

49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7465* PLANNER-SENIOR MM 7,611 7,802 7,992 8,192 8,392 8,602 8,812 9,032 9,253 Monthly

43.91 45.01 46.11 47.26 48.42 49.63 50.84 52.11 53.38 Hourly 7460* PLANNING MANAGER MM 9,556 9,795 10,034 10,285 10,536 10,800 11,063 11,339 11,616 Monthly

55.13 56.51 57.89 59.34 60.78 62.31 63.83 65.42 67.01 Hourly 7485* PROJECT MANAGER MM 7,879 8,076 8,273 8,480 8,687 8,904 9,121 9,349 9,578 Monthly

45.46 46.59 47.73 48.92 50.12 51.37 52.62 53.94 55.26 Hourly 7490* PUBLIC WORKS MAINTENANCE SUPERINTENT MM 9,071 9,298 9,525 9,763 10,001 10,251 10,501 10,764 11,026 Monthly

52.33 53.64 54.95 56.33 57.70 59.14 60.58 62.10 63.61 Hourly 7446* RECREATION MANAGER MM 8,062 8,264 8,465 8,677 8,888 9,110 9,332 9,565 9,799 Monthly

46.51 47.68 48.84 50.06 51.28 52.56 53.84 55.18 56.53 Hourly MOU Article 1.5 - Bilingual Pay - effective November 18, 2023 - Employees who are proficient in speaking a foreign language, as determined by the City receive bilingual pay in the amount of 1.4% of the base rate of pay Certificate Pay
Employees in the Parks Division who possess a Pool Operations Certificate will receive 1.5% of their base rate of pay Employees in the Community Services Department who
possess a Certified Playground Safety Inspector Certificate will receive 1.5% of their base rate of pay
Employees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets,
Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay of one and a half percent (1.5%) of their base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).

11. 5-21-24 Salary Schedule MM, FLM

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Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Community Sponsorship Requests
Recommendation: Consider the sponsorship requests from the Beale Military Liaison Council, Inc., and 93Q Radio, and if approved:

A. Adopt a Resolution to approve a monetary sponsorship request from the Beale Military Liaison Council, Inc., in the amount of $2,500.00 B. Adopt a Resolution to approve a monetary sponsorship request from 93Q Radio in the amount of $3,750.00
Fiscal Impact: Monetary sponsorship in the amount of $6,250.00 - Community Contributions - Account No. 4220-66010
Purpose:

City sponsorships reflect support of specific programs or events by an organization. The intent is that the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program or event.

Council's Strategic Goal:

The overarching strategic goal of "Quality of Life."
Background:

Founded in 1985, the Beale Military Liaison Council, Inc. (BMLC) is a non-profit organization whose purpose is to advocate for, educate about, and partner with Beale Air Force Base (Beale) to raise funds and awareness for programs that support Beale. Through their efforts, the BMLC, with assistance from the local community and corporate partners, has invested more than $1.5 million in Quality of Life projects and more than $1 million in advocacy for Beale.

Founded in 2015, 93Q Radio (93Q) is a non-profit radio station that services the Yuba-Sutter community and produces income through membership, pledge drives and underwriters of programming. One of the goals of 93Q is to unite the community through their own voices, and they have done so through broadcasting over 3,000 interviews with local government, law enforcement,

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non-profits, service clubs, businesses, events, fundraisers, education, and more.

Analysis:

In late April and early May, staff received Community Sponsorship Application Forms from the BMLC in the amount of $2,500, and 93Q Radio in the amount of $3,750, respectively.

The Amended Community Sponsorship Policy states, "The budget for the Community Sponsorship Program shall be established by City Council each year during the annual budget process," and "applications will be presented to Council quarterly on a first-come, first-serve basis." Through the FY 23/24 Budget, Council established the following.

Account Number Description Funding Budgeted Funding
Available
4220-66010 Community
Contributions
$20,000 $12,000
4220-66015 Community Events $10,000 $5,500
The budgeted funds are to be considered and allocated quarterly, which provides $3,750 quarterly for Community Contributions and $2,500 quarterly for Community Events. The community sponsorship requests submitted by the BMLC and 93Q Radio total $6,250 and, if approved, will be funded from Account 4220-66010, Community Contributions, of which there is $12,000 available. Even though the amount exceeds the normal quarterly allocation of $3,750, the fiscal year ends June 30th and there are sufficient funds to cover both requests.

Fiscal Impact:

There are sufficient funds in Account No. 4220-66010, Community Contributions, to cover the $2,500 request from the BMLC and $3,750 request from 93Q Radio.

Alternatives:

1. Do not authorize the contribution to the BMLC or 93Q Radio.

2. Authorize a different contribution amount to the BMLC or 93Q Radio.

Recommendation:

Consider the sponsorship requests from the Beale Military Liaison Council, Inc., and 93Q Radio, and if approved:

A. Adopt a Resolution to approve a monetary sponsorship request from the Beale Military Liaison Council, Inc., in the amount of $2,500.00.

B. Adopt a Resolution to approve a monetary sponsorship request from 93Q Radio in the amount of $3,750.00.

Attachments:

1. Resolution - Community Sponsorship Request - BMLC

2. BMLC Community Sponsorship Application

3. Resolution - Community Sponsorship Request - 93Q Radio

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4. 93Q Community Sponsorship Application
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO._______

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

COMMUNITY SPONSORSHIP REQUEST FOR THE BEALE MILITARY LIAISON COUNCIL, INC.

WHEREAS, the Beale Military Liaison Council, Inc., (BMLC) a 501(c)(3) non-profit organization, is requesting community sponsorship funds to support their efforts to advocate for, educate about, and partner with Beale Air Force Base; and,
WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the BMLC serves an important public purpose to the community insofar as the public will receive benefits from their efforts to support Beale Air Force Base.

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

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that the BMLC’s efforts to support Beale Air Force Base benefits Yuba City residents. The requested sponsorship is for a qualified non-profit organization that primarily serves Yuba Sutter residents and will contribute positively to the recognition and image of the city. Accordingly, the City Council approves the sponsorship request of $2,500 for the BMLC.

Section 3. This Resolution shall take effect immediately and the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 21st day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Shon Harris, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

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ATTACHMENT 2

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ATTACHMENT 3

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RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A COMMUNITY SPONSORSHIP REQUEST FOR 93Q RADIO
WHEREAS, 93Q Radio (93Q), a 501(c)(3) non-profit organization, is requesting community sponsorship funds to support community radio and studio interviews that inform the public; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that 93Q serves an important public purpose to the community insofar as the public will receive community information and updates broadcast via 93Q.

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

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that 93Q’s efforts to provide community radio benefits Yuba City residents. The requested sponsorship is for a qualified non-profit organization that primarily serves Yuba Sutter residents and will contribute positively to the recognition and image of the city. Accordingly, the City Council approves the sponsorship request of $3,750 for 93Q.

Section 3. This Resolution shall take effect immediately and the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 21st day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Shon Harris, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

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ATTACHMENT 4

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Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Harter Estates North (Annexation #5 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Harter Estates North, 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 Fifth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
Fiscal Impact: This CFD annexation will provide $515.10 per single family unit annually, with provisions for inflation.

Purpose:

To include new residential development in a Community Facilities District (CFD) to pay for impacts to City Services.

Council’s Strategic Goals:

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

Background:

The City's adopted policy and Project Conditions of Approval for new residential development include a requirement that the development pay for its share of operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. On April 28, 2021, the Planning Commission approved Tentative Map SM 19-01, Harter Estates North, to subdivide a

14.53-acre parcel into 73 single family residential parcels located on the west side of the Harter Specific Plan Area, west of Harter Parkway, and south of Butte House Road. Planning Commission Condition of Approval No. 37 contains the requirement to pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.

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

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1. Police

2. Fire

3. Recreation and Library

4. Maintenance of parks, parkways and open space

5. Maintenance of Roadways

6. Flood and storm protection services

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

On July 6, 2021, Council voted the Initial Property (Dunn Ranch Estates – Unit 1 Subdivision [56 residential lots] at the southeast corner of Royo Ranchero Drive and Monroe Drive) to be part of CFD 2021-1 and subject to the special taxes therein. Council also voted to include a Future Annexation Area. The Future Annexation Area consists of several undeveloped, residential zoned properties generally in the western and southern Yuba City Urbanized Area. The Future Annexation Area allows new property owners to annex to the district by unanimous written consent, which streamlines the CFD annexation process.

Analysis:

The Developer of Harter Estates North has executed an Unanimous Approval of Annexation to a Community Facilities District (CFD 2021-1) to satisfy this condition. Harter Estates North will be the fifth property to annex to CFD 2021-1 (Annexation No. 5), and will be subject to the special taxes therein.

In Resolution 21-048, Council directed the preparation of the Report for CFD 2021-1 to show the services to be provided in CFD 2021-1. The Hearing Report for CFD 2021-1 follows the same methodology used in the formation of CFD 2017-1, which initially established a maximum levy of $425 annually per single family residential unit with an escalation factor equal to the percentage escalation of the City’s combined Police and Fire Department budgets, up to a maximum escalation of 4 percent. The current levy in fiscal year 2023/24 is $515.10 annually per single family residential unit and $375.72 annually per multi-family residential unit, which will be subject to future escalation in accordance with the rate and method of apportionment of the special tax.

A Notice of Special Tax Lien is to be recorded concurrently with the boundary map (Annexation No .5 – Harter Estates North) in the Office of the County Recorder for the County of Sutter, State of California. The lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax within the area of Annexation No. 5 (Harter Estates North).

Fiscal Impact:

A total of 73 residential parcels are contained in Harter Estates North resulting in a total current annual levy of $37,602.30, based on fiscal year 2023/24 rates.

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

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Alternatives:

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

Recommendation:

Adopt a Resolution annexing a certain area Harter Estates North, 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 Fifth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter.

Attachments:

1. Resolution approving Annexation No. 5 to Yuba City CFD 2021-1 and Exhibits

2. Fifth Amendment to Notice of Special Tax Lien and Exhibits Prepared By: Submitted By:

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

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01248.0008/729597.1 AL 1
ATTACHMENT 1

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2 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YUBA CITY IN ITS CAPACITY AS THE LEGISLATIVE BODY

OF THE CITY OF YUBA CITY COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) APPROVING
ANNEXATION NO. 5 (HARTER ESTATES NORTH) TO SAID

DISTRICT RELATING TO THE PROPERTY LOCATED ON THE

WEST SIDE OF THE HARTER SPECIFIC PLAN AREA, WEST

OF HARTER PARKWAY, AND SOUTH OF BUTTE HOUSE
ROAD.

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

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3 within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, following the close of the hearing, written protests with respect to the Future Annexation Area, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or Future Annexation Area or property owners of one-half (1/2) or more of the area of land within the CFD or Future Annexation Area and not exempt from the proposed special taxes; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-094, which is on file with the City Clerk and incorporated herein by this reference, that ordered the formation of the CFD and Future Annexation Area, defined the public services (the “Services”) to be provided by the CFD, authorized the levy of a special tax on property within the CFD, preliminarily established an appropriations limit for the CFD, and approved future qualifying projects the ability to voluntarily annex into the Future Annexation Area by unanimous approval of the property owners, all pursuant to the Act; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-095 that called a special election for July 6, 2021, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD were submitted to the qualified electors within the CFD; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-096, that declared the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were in favor of the issue presented, and such measure passed; and WHEREAS, on July 12, 2021 a notice of special tax lien was recorded with the Office of the County Recorder of the County of Sutter, as Document No. 2021-0012518 the “Notice of Special Tax Lien”), thereby giving notice that the lien to secure payment of the special tax was imposed on the land in the CFD; and
WHEREAS, the owner (the “Property Owner”) of the parcels listed in Exhibit A hereto and incorporated herein by this reference, located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for the Services financed by the CFD; and
WHEREAS, pursuant to the Act, the Property Owner has executed a unanimous approval, attached hereto as Exhibit B and incorporated herein by this reference (the “Unanimous Approval”), constituting the Property Owner’s unanimous approval and unanimous vote in favor of the annexation of the Property to the CFD and the levy of special taxes on the Property; and
WHEREAS, the City Council now wishes to approve this Annexation No. 5 of the Property pursuant to the simplified process for annexations under Sections 53328.1, 53339.7 and/or 53339.8 of the Act and add Annexation No. 5 (Harter Estates North) as part of the CFD.

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

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

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

2. Unanimous Approval. The City Council hereby receives and files the Unanimous Approval as Annexation No. 5 (Harter Estates North) to the CFD, and hereby further authorizes and directs the officers of the City to do any and all things to execute and delivery all documents they may deem necessary or advisable in order to consummate the transaction described herein and to effectuate the purpose of this Resolution.

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

4. Consolidation of Annexed Map. The City Council hereby determines that the territory described in Exhibit C hereto, and further defined in the map entitled “Annexation Map No. 5 (Harter Estates North) of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services), City of Yuba City, County of Sutter, State of California” which is on file with the City Clerk, is added to and part of the CFD with full effect. The City Clerk is hereby authorized and directed to endorse the certificates set forth on the map and to record the map in accordance with the provisions of Sections 3111, 3113 and 3113.5 of the Streets and Highways Code of the State of California.

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

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

7. Effective Date. The City Clerk shall certify the adoption of this Resolution. This Resolution shall take effect upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]

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5 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the ____ day of ______________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

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

A. Assessor parcel Numbers and Owners of Land
B. Unanimous Approval
a) Exhibit A – Description of Services
b) Exhibit B – Annexation No. 5, Rate and Method of Apportionment c) Exhibit C – Annexation Map No. 5 of Harter Estates North

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EXHIBIT A

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 5 (HARTER ESTATES NORTH)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor Parcel No(s) Name of Property Owner
62-310-017 D.R. Horton, CA2, Inc.,
A California corporation
That will become 73 lots with assessor parcel numbers
62-310-TBD D.R. Horton, CA2, Inc.,
A California corporation

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EXHIBIT B

CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 5 (HARTER ESTATES NORTH)

UNANIMOUS APPROVAL
[attached]

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Annexation No. 5 (Harter Estates North)

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District and Related Matters City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 5 (Harter Estates North)
To the Honorable City Council
City of Yuba City, as legislative body of
Community Facilities District No. 2021-1
(Municipal Services)
1201 Civic Center Boulevard,
Yuba City, California 95993
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of D.R. Horton CA2, Inc., a California corporation, the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Sections 53328.1 and/or 53339.3 et seq. of the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), to the annexation of the Property to the "City of Yuba City Community Facilities District No. 2021-1 (Municipal Services)” (the “CFD”) and approval of the special taxes to be levied against the Property, and the undersigned hereby states, certifies, agrees and declares under penalty of perjury, as follows:

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

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

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

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

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Annexation No. 5 (Harter Estates North)
established for the CFD. The Property Owner hereby approves, consents and agrees to the appropriations limit for the CFD of $1,700,000, pursuant to Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in the population.

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

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

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

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

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

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

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

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

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Annexation No. 5 (Harter Estates North)
Notice of Special Tax Lien. The Property is located in the Future Annexation Area of the CFD and the map is attached hereto as Exhibit C.

Assessor’s Parcel Number(s):

APN Acreage Anticipated Units Property Owner
62-310-017 14.53 73
D.R. Horton, CA2, Inc., a
California corporation
Acres: _14.53 _
By executing this Unanimous Approval, the Property Owner agrees, consents, declares and certifies to all of the above.

Annexation No. 5 (Harter Estates North)_
Property Owner
By: D.R. Horton, CA2, Inc., a California
corporation
By:

Name: Bonnie Chiu
Title: Vice President
Notice Address
Harter Estates Project Manager
3000 Lava Ridge Court, Suite 130
Roseville, CA 95661

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Annexation No. 5 (Harter Estates North)

EXHIBIT A
Yuba City
Community Facilities District No. 2021-1
(Municipal Services)

DESCRIPTION OF SERVICES
The Services to be funded by the CFD include the following services and all incidental expenses related to such services, all of which are authorized by the Act:

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

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

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

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

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Annexation No. 5 (Harter Estates North)

EXHIBIT B
City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)

RATE AND METHOD OF APPORTIONMENT
The Special Tax shall be levied in Annexation No. 5 (Harter Estates North) in accordance with the Rate and Method of Apportionment of Special Tax for City of Yuba City Community Facilities District No. 2021-1 (Municipal Services) pursuant to the rate set forth in the attachment hereto.

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01248.0008/694321.2 1 of 4

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

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

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

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

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01248.0008/694321.2 3 of 4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Annexation No. 5 (Harter Estates North)

EXHIBIT C
Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
ANNEXATION MAP NO. 5 (HARTER ESTATES NORTH) OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)], CITY OF YUBA CITY, STATE OF CALIFORNIA [see attached]

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Proposed Boundary Map of CFD No. 2021-1 Annexation No. 5 City of Yuba City, Sutter County, California

HARTER RD

ADAMS RD

BUTTE HOUSE RD

ORO GRANDE ST

ELMER AVE

RUTH AVE

VINE AVE

REDDING AVE

ROMERO ST
1 .
inch = 300 feet
Legend
Parcels subject to the CFD
Existing City Limit Boundaries
Harter Estates North

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1 ATTACHMENT 2

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2 FIFTH AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 5 (Harter Estates North)
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code and Government Code Section 53311, et seq., the undersigned City Clerk of the City of Yuba City, acting on behalf of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), HEREBY GIVES NOTICE that a lien is hereby imposed on taxable property within the property described herein Annexation No. 5 (Harter Estates North), which has been annexed to the CFD to secure payment of a special tax (“Special Tax”) which the City Council of the City of Yuba City (the “City”), County of Sutter (the “County”), State of California, is authorized to annually levy for the following purpose of financing the following services:
(a) Police protection services;
(b) Fire protection and suppression services, ambulance and paramedic services;
(c) maintenance of parks, parkways, streets, roads, and open space; (d) flood and storm protection services, including but not limited to the maintenance of storm drainage systems and sandstorm protection systems, (e) Services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment, subject to the limitations contained in Section 53313 of the Act; (f) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and
(g) costs incurred by the City and or County in formation of the district, annexation and annual contract administration.

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

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3 The Special Tax is authorized to be levied within the CFD that has now been officially formed and includes Annexation No. 5 (Harter Estates North) and the lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax and which shall continue in force and effect until the special tax obligation is prepaid, if applicable, permanently satisfied, and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of Special Tax is recorded in accordance with Section 53330.5 of the Government Code.

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

Notice is further given that upon the recording of this notice in the Office of the County Recorder of Sutter County, the obligation to pay the Special Tax levy shall become a lien upon all non-exempt real property within the area of Annexation No. 5 (Harter Estates North) in accordance with Sections 3114.5, 3115.5 and 3117.5 of the Streets and Highways Code.

The (a) names of the owner(s) of the real property included within the annexed property to the CFD as they appear on the last secured assessment roll as of the date of recording of this Notice and (b) the Assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included within Annexation No. 5 (Harter Estates North) to the CFD and not exempt from the special tax, are as set forth on the attached, referenced and incorporated Exhibit B.

Reference is made to the boundary map of the Annexation No. 5 (Harter Estates North) to the CFD recorded concurrently herewith in the Book ___ at Page_______of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sutter, State of California, which map is now the final boundary map of Annexation No. 5 (Harter Estates North) to the CFD. The Boundary Map of the original district is Recorded as Document No. 2021-0012517 in Book 3 of Assessment and Community Facilities Districts at Pages 93 through 96, in the Office of the County Recorder of the County of Sutter, State of California.

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

For further information concerning the current and estimated tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Yuba City, City Hall, Finance Director, 1201 Civic Center Boulevard Yuba City, California 95993, telephone number 530/822-4618 Dated: As of _________________, 2024
By: _________________________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City

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A-1

EXHIBIT A
See Rate and Method of Apportionment Attached
(Insert RMA)

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01248.0008/694321.2 1 of 4

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

Page 105 of 305 ends

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01248.0008/694321.2 3 of 4

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

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

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

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

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

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

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B-1

EXHIBIT B

APN OWNER
62-310-017 D.R. Horton, CA2, Inc., a California corporation

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Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Boat, Trailer, RV Parking Ordinance Update
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City amending regulations for the parking of boats, trailers, and recreational vehicles in one and two family residential districts by title only, waive the second reading, and approve exemptions pursuant to CEQA Guidelines Section 15061(b)(3) and 15301 (Existing Facilities)
Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:

To adopt an Ordinance updating Section 8-5.6104 of the Yuba City Municipal Code to establish alternative parking standards for boats, utility trailers and recreational vehicles in one and two-family (R-1 and R-2) Zone Districts.

Council’s Strategic Goal:

This item is consistent with the Council’s Public Safety Strategic Goal because establishing the proposed standards will not jeopardize public safety in the community.

This item could also be considered consistent with the Council’s Fiscal Responsibility Strategic Goal.

Establishing clear standards for citizens and code enforcement regarding the parking of boats, trailers and RVs will make code enforcement more efficient, effective and assist in operating the City in a more fiscally responsible and responsive manner.

Background:

Staff periodically brings forward recommended code revisions to incorporate statutory changes and other miscellaneous revisions for consideration to keep the Zoning Code contemporary for the City’s needs.

Due to comments made by citizens to individual Council members and feedback to Code Enforcement, the parking of boats, trailers, and RVs was discussed at City Council workshops on January 26, 2023, and September 7, 2023. As a result of Council feedback, staff prepared draft Municipal Code revisions to generally allow the parking of a single boat, trailer, or recreational vehicle (RVs) within front yard

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areas of one and two-family residentially zoned areas when in compliance with specific standards.

It's important to note the standards proposed apply to the keeping of boats, trailers, and RVs on private property only and do not apply to one of these items being located within a public right-of-way. The City Police Department utilizes Ordinance 911, effective October 7, 1982 and Ordinance 09-95, effective October 19, 1995 for its enforcement efforts within a public right of way that apply to the removal of certain vehicles from a street, non-motorized vehicle parking and the keeping of oversized vehicles. If a person is camping within a public right-of-way, the Police Department utilizes Municipal Code Section 5-23050 (a) (7) to remove them.

On October 3, 2023, the City Council unanimously initiated a Municipal Code Amendment to revise the standards associated with the parking of boats, trailers and RVs within residential front yard areas.

On December 13, 2023, the Planning Commission considered the proposed amendment at a noticed public hearing. Notice was advertised in the newspaper and was separately provided to citizens known to code enforcement who could have an interest in this matter. No member of the public was present or spoke at the public hearing. At the conclusion of the public hearing, the Planning Commission recommended an additional standard be added requiring boats, utility trailers, or RVs exceeding 8 feet in height be set back a minimum of 5 feet from adjoining property lines in front yard areas. This recommendation has been incorporated into the proposed ordinance.

On May 7, 2024, the City Council introduced an ordinance of the City of Yuba City finding the project is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b)(3) to revise Section 8-5.6104 of the Yuba City Municipal Code regarding the parking standards for boats, utility trailers and recreational vehicles in residential areas by title only, and waived the first reading.

Analysis:

The parking of boats, utility trailers and RVs within front yard areas within one and two-family (R-1 and R-2) zoning districts is not an uncommon sight within the city limits.

Municipal Code Section 8-5.6104 currently requires these items be parked behind the front wall of the residence or, in the case of a corner lot, behind the wall of the residence facing each street right-ofway. Screening to a height of 6-feet from view of the public right-of-way is required. An exception is provided that recreational vehicles used as daily transportation may be parked overnight on recognized parking areas.

The question of “where” to allow parking for these items can be controversial as there are citizens passionate on both sides of this issue. Some citizens want the ability to keep a unit at home to reduce storage costs and have ready access to it. Others are equally passionate that units stored in front of homes within one and two-family residential areas result in a cluttered aesthetic look that can reduce property values.

The proposed Ordinance will establish alternate standards in addition to today’s requriements:
• Establish new definitions for Recreational Vehicle and Utility Trailer. • Establish standards providing for the parking of a single boat, trailer, or RV in a front yard area when in conformance with specific criteria. Additionally, there is a provision to park a second item on lots larger than 0.5 acre.

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• If a property owner is unable to comply with the proposed standards, they must comply with the City’s existing standards of parking an item behind the front wall of a residence and providing screening to a height of 6-feet from view of the public right-of-way. • Citizens having two items (i.e. a boat and an RV) would be allowed to park one in the front yard consistent with the new alternate standards and a second item behind the front wall of a residence that is screened to a height of 6-feet from view of the public right-of-way, as they are allowed today.

It is important to recognize the proposed revisions will not, under most circumstances, allow the parking of a large utility trailer, boat or RV in a driveways. Most homes constructed within the last 30-years or more have a 20± foot-deep front yard setback from the back of sidewalk to a home’s attached garage.

In this situation, the largest RV that could likely be parked in front of a residential garage is a unit that is approximately 15-16 feet in length. The remaining area will be occupied by the trailer frame, rear bumper, and hitch/tongue of the unit.

Large units will still be required to park within an adequately sized side yard/rear yard and be screened to existing City standards or stored offsite at an approved location.

Providing an opportunity for the parking of a boat, utility trailer, or RV within residential front yard areas, when compliant with specific criteria that does not compromise public safety, could result in code enforcement being more effective because they will spend less time on this issue.

If this ordinance is introduced at this meeting and adopted at a future City Council meeting, the ordinance will become effective 30 days after adoption.

As part of bringing this matter forward, a public hearing notice was advertised in the Appeal Democrat newspaper and mailed notice was provided to known persons who may have filed code enforcement complaints, as well as property owners who may be or have been in violation of the current ordinance requirements.

Environmental Considerations:

After reviewing the California Environmental Quality Act (CEQA) and the Guidelines, staff believes this project is covered by the general rule specified at CEQA Guidelines Section 15061(b)(3) and has determined with certainty that there is no possibility the proposed update to the Municipal Code would cause a significant, adverse, effect on the environment. This is because the proposed revisions merely provide for refinements to existing allowed uses and for additional clarity regarding the standards for the parking of boats, utility trailers and recreational vehicles on residential property.

Additionally, this project can also be considered exempt from environmental review pursuant to CEQA Guidelines Section 15301, Existing Facilities. The proposed amendments to the standards for the parking of boats, trailers and RVs could potentially result in minor alterations to existing residences involving negligible or no expansion of the residential use at these existing residences. Additionally, none of the exceptions to this exemption as set forth in CEQA Guideline Section 15300.2 apply and the project does not present an “unusual circumstance.”
Fiscal Impact:

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No direct fiscal impact will result from amending the Municipal Code to revise the standards regulating the parking of boats, trailers, and RVs. Existing budgeted monies are paying for staff’s time to address this item.

Alternatives:

The City Council may decide not to amend the standards regulating the parking of boats, utility trailers, and RVs or may provide alternative guidance to staff concerning this issue.

Recommendations:

Adopt an Ordinance of the City Council of the City of Yuba City amending regulations for the parking of boats, trailers, and recreational vehicles in one and two family residential districts by title only, waive the second reading, and approve exemptions pursuant to CEQA Guidelines Section 15061(b)(3) and 15301 (Existing Facilities).

Attachments:

1. Proposed Ordinance
Prepared By: Submitted By:

Doug Libby, AICP
Deputy Development Services Director
Diana Langley
City Manager

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ATTACHMENT 1

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AMENDING REGULATIONS FOR THE PARKING OF BOATS, TRAILERS AND

RECREATIONAL VEHICLES IN ONE AND TWO FAMILY RESIDENTIAL

DISTRICTS
WHEREAS, the City of Yuba City has adopted standards in its Municipal Code for the parking of recreational vehicles in residential areas of the City; and WHEREAS, the City of Yuba City desires to update these standards to better reflect the desires of the community and to assist code enforcement by having clear standards; and WHEREAS, the City Council of the City of Yuba City discussed the parking of boats, utility trailers and recreational vehicles at public workshops on January 26, 2023 and September 7, 2023; and
WHEREAS, on October 3, 2023, the City Council of the City of Yuba City unanimously initiated an update to the Municipal Code to revise the standards applicable to the parking of boats, utility trailers and recreational vehicles within one and two-family residential districts; WHEREAS, the City on December 2, 2023, published a legal notice in compliance with State law concerning the Planning Commission’s consideration on December 13, 2023; and WHEREAS, the Planning Commission considered this ordinance at its meeting on December 13, 2023, and made a recommendation to the City Council.

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

SECTION 1. Recitals. The above recitals are incorporated by reference.

SECTION 2. CEQA. The City Council finds this project is covered by the general rule of California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), and has determined with certainty that there is no possibility that the proposed update to the Municipal Code would cause a significant, adverse, effect on the environment. This is because the proposed update merely provides for refinements to existing allowed uses and for additional clarity regarding the standards for the parking of boats, utility trailers and recreational vehicles on residential property.

Additionally, none of the exceptions to this exemption as set forth in CEQA Guideline Section 15300.2 apply and the project does not present an “unusual circumstance.” SECTION 3. Subsection (c) of Section 8-5.6104 of the Yuba City Municipal Code is amended to read in its entirety as follows:
(c) One- and two-family residential standards.

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(1) Parking in yards. The parking of any vehicles is prohibited in any portion of a required front or street side yard, except on a driveway leading to required parking or to an improved parking space (see Section 8-5.6104(7)). Any driveway leading to a garage, carport or required parking space shall not be less than 20 ft. in length measured from the back of an existing or planned sidewalk.
(2) Boat, utility trailer and recreational vehicle parking. A boat, utility trailer and recreational vehicle may only be parked on the portions of a lot behind the front wall of the residence facing each street or right-of-way. The recreational vehicle shall be screened to a height of 6 ft. from view from any public right-of-way. A recreational vehicle used as daily transportation may be parked overnight on recognized parking areas.
(3) Alternative standards. As an alternative to the requirement of Section 8-

5.6104(c)(2), a single trailered boat, utility trailer or recreational vehicle may be parked in the front yard of the residence only when in conformance with all of the following standards:
(i) The parking area shall be developed to a similar standard as the existing established driveway (i.e. concrete, asphalt concrete, pavers, or gravel). Strip driveways utilizing concrete, asphalt or pavers may be installed under each wheel from the edge of right-of-way to a designated parking area.
(ii) The parking area shall connect with the public right-of-way consistent with City standards under approval of an encroachment permit, if applicable.
(iii) New parking areas shall not result in stormwater runoff onto neighboring properties.
(iv) Parking areas shall not be located in front of an existing residence’s living area and shall occur in front of an existing garage or front side yard area. The parking area shall be approximately perpendicular to the existing street and shall not be angled.
(v) A parked recreational vehicle, utility trailer or boat shall be setback a minimum of twelve (12) inches from the back of side walk or edge of the public right-of-way and shall not be artificially raised or angled in order to meet this requirement.
(vi) A parked recreational vehicle, utility trailer or boat shall not exceed twelve (12) feet in height.
(vii) A recreational vehicle, utility trailer or boat exceeding 8 feet in height shall be setback a minimum of 5 feet from an adjoining side yard property line.

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(viii) Utility connections (electricity, water, wastewater) shall be temporary for servicing only (up to 7-days).
(iv) Covers shall be fitted and in good order and untorn; tarps are prohibited.
(x) Parking areas shall be kept free of accumulation of leaves, cobwebs, weeds, or miscellaneous debris.
(xi) Parking areas shall not create a site distance hazard to neighboring property owners or users of streets or sidewalks.
(xii) Parking areas shall be maintained so as not to create a public nuisance as defined by this Code.
(xiii) On lots greater than 0.3 of an acre, alternative parking locations and surfacing may be approved by the Planning Director. (xiv) On lots greater than 0.5 of an acre, a second recreational vehicle, utility trailer or boat may be stored within a front yard area and alternative parking locations and surfacing may be approved by the Planning Director.
(xv) A front fence screening a side or rear yard shall not be removed in order to accommodate a larger boat, utility trailer or recreational vehicle.

SECTION 4. Section 8-5.8046.5 of Article 80 of Chapter 5 of Title 8 of the Yuba City Municipal Code is added to read in its entirety as follows:

Sec. 8-5.8046.5. Recreational Vehicle (RV).

A motor home, converted bus, travel trailer, truck camper or camping trailer, designed for temporary human habitation for recreation or emergency occupancy, which, when transported upon a public roadway, measures 8 feet or less in width and 40 feet or less in length and which is either self-propelled, truck-mounted or permanently towable on the highway without a permit. A recreational vehicle does not include utility trailers.

SECTION 5. Section 8-5.8063.5 of Article 80 of Chapter 5 of Title 8 of the Yuba City Municipal Code is added to read in its entirety as follows:

Sec. 8-5.8063.5. Trailer, Utility. A trailer used for the transportation of the user’s personal property, commerce, or designed to be used for transportation of livestock, and does not exceed a gross weight of 10,000 pounds or a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds.

SECTION 6. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council

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hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.

This Ordinance was introduced on May 7, 2024, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting on May 21, 2024, by the following vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
______________________________
Shon Harris, Mayor
City of Yuba City
Attest:
___________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City

APPROVED AS TO FORM

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

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Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: James Runyen, Police Commander
Summary
Subject: AB 481 Annual Military Equipment Report
Recommendation: Adopt a Resolution that the 2023 Annual Report as required by AB 481 has been reviewed, the current Ordinance has been reviewed, and continue to allow YCPD to use the existing equipment that falls under the military equipment use policy (YCPD policy 707) that complies with the requirement of AB 481 Fiscal Impact: There are no new fiscal impacts at this time Council's Strategic Goal:

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

Purpose:

Adopt a Resolution accepting the annual military equipment use report and review of the ordinance as required by Assembly Bill 481 (AB 481). The emergency ordinance for YCPD policy 707, military equipment use, was adopted on April 19, 2022 by City of Yuba City City Council. An annual report was completed in 2023 for the year prior. This annual report covers 2023 and any additional items to be added in 2024.

Background:

California Governor Gavin Newsom signed AB 481 into law on September 30th, 2021. Law enforcement agencies are required to obtain local government approval of all military equipment currently in use as well as any equipment sought for use that falls under the guidelines of AB 481. A review of the existing ordinance for approval or modification is required by the current governing body.

As part of the bill, agencies are required to report annually:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The current urgency Ordinance (4-23.030) was adopted by City of Yuba City Council on April 19, 2022.

Analysis:

No modifications are being sought to the existing Ordinance. An annual report of the required information has been completed and posted to the Yuba City Police Department website. Exhibit B is the annual report required by AB 481. Exhibit C is YCPD policy 707.

Fiscal Impact:

There are no new fiscal impacts at this time.

Alternatives:

Modify the existing Ordinance that was adopted in 2022.

Recommendation:

Adopt a Resolution that the 2023 annual report as required by AB 481 has been reviewed, the current ordinance has been reviewed, and continue to allow YCPD to use the existing equipment that falls under the military equipment use policy (YCPD policy 707) that complies with the requirement of AB 481.

Attachments:

1. Exhibit A 2024 Resolution Military Equipment Policy YCPD

2. Exhibit B ANNUAL MILITARY EQUIPMENT REPORT 2024 REPORT FINAL VERSION

3. Exhibit C Military Equipment Policy 707 2024
Prepared By: Submitted By:

Jim Runyen
Police Commander
Diana Langley
City Manager

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Exhibit A

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PAGE 2
01107.0014/745393.1 EQG
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY, CALIFORNIA, APPROVING POLICY 707 RELATING TO THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN ACCORDANCE
WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”) to address the funding, acquisition, and use of military equipment by law enforcement agencies in California; and
WHEREAS, AB 481, codified as Government Code Sections 7070 through 7075, required that Yuba City Police Department (“YCPD”) begin the process of obtaining approval from City Council of its military equipment use policy by ordinance prior to May 1, 2022; and WHEREAS, accordingly, on April 19, 2022, the City Council adopted Policy 707, City of Yuba City Police Department Military Equipment Use Procedure Policy (“Policy 707”) attached hereto as Exhibit C and incorporated by reference; and
WHEREAS, the Approved Policy was made available to the public on YCPD’s internet website on May 13th, 2024, which was within thirty (30) days prior to the public hearing held on May 21st, 2024, concerning the approved Policy 707, in accordance with Government Code section 7071(b); and
WHEREAS, the Approved Policy was reviewed by the City of Yuba City legal counsel; and
WHEREAS, the City Council finds that the Approved Policy meets the requirements of AB 481.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Approved Policy, attached hereto as Exhibit C and incorporated by reference, is hereby adopted.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance, including the provisions of the Approved Policy, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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PAGE 3
01107.0014/745393.1 EQG
SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Resolution and to give notice thereof by causing copies of this Resolution to be posted in three public places throughout the City, or published in a county newspaper that is circulated in the City, within 15 days after its passage, there being no newspaper of general circulation printed and published within the City.

PASSED and ADOPTED this 21st day of May, 2024.

Shon Harris, Mayor
ATTEST:
________________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM:
_____________________________
Shannon Chaffin, City Attorney

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5/21/2024 AB 481 EQUIPMENT
REPORT

Prepared by Commander Jim Runyen

CITY OF YUBA CITY

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- 1 -
Updated 5/21/24
“The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.” Ca. Gov. Code § 7072

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- 2 -
Table of Contents
Page Subject
3 Current Equipment List
4 Unmanned Aircraft System (UAS)
5 Robots
6 Armored Vehicles
7-8 40 MM Launchers and Rounds
9 Less Lethal Shotgun
10 Combined Systems LC5 40MM Launching Cup
11 Distraction Devices
12-13 Rifles
14-15 Chemical Agent and Smoke Canisters
16-17 Explosive Breaching Tools
18-19 PepperBall Launcher

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- 3 -
Current Equipment
Unmanned Aircraft System (UAS) Robots
Armored Vehicles 40 MM Launchers and Rounds
Less Lethal Shotgun Combined Systems LC5 40MM Launching Cup Distraction Devices Rifles
Chemical Agent and Smoke Canisters Explosive Breaching Tools PepperBall Launcher

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Unmanned Aircraft System (UAS)
An unmanned aircraft along with the associated equipment necessary to control it remotely.

Description, quantity, capabilities, and purchase cost of current UAS:

1. DJI MAVIC MINI 2, cost: $630 each, quantity: 4. Small UAS that weighs approximately 249 grams and is able to record video and audio with approximately 32 minutes of flight time. The department intends to purchase 2 additional drones during 2024 for a total of 6.

2. DJI AIR 2, cost: $1200 each, quantity: 1. UAS that weighs approx. 595 grams, has video recording capabilities, with approximately 31 minutes of flight time.

3. Autel Robotics EVO II Duel 640T, cost: $8,500, quantity: 1. UAS that weighs approx..1150 grams and is able to record video, thermal video, audio, and is able to project audio, with approximately 38 minutes of flight time.

Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Missing Persons

2. Any rapidly evolving or developing emergency situation

3. SWAT deployments/tactical situations

4. Crime scene investigations
Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span
All UAS equipment, 3-5 years.

Fiscal Impact
Annual maintenance and battery replacement cost is approximately $5,000. Training cost is $400. We replaced a damaged drone with new drone Autel EVOII Dual 640T S/N#1748CHL7823251189. This had no fiscal impact as it was an even trade. We are planning on purchasing two additional DJI Mavic Mini 2 drones at $650.00 each.

Budgeted departmental equipment and training funds are used for these items.

Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must maintain a minimum of 1 hour of flight time per month as well as quarterly trainings. (2) There have been no complaints of concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.
(6) Two additional DJI MAVIC MINI 2 drones are being sought in 2024 for an estimated cost of $1,300.

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Robots
A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Description, quantity, capabilities, and purchase cost

1. Avatar II Tactical Robot, Robotx Technology Solutions, cost: $12,389 each, quantity: 1. The Avatar II Tactical Robot is a rugged, easy to use, tactical robot which enhances the capabilities of law enforcement and first responders by allowing them to safely and quickly inspect dangerous situations. The Avatar II has the ability to navigate rugged terrain, climb stairs, and is equipped with a microphone and speaker to communicate with dangerous suspects.

Purpose
To be used to remotely gain visual/audio data, open doors, communicate with barricaded subjects and clear buildings.

Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots identified.

Use is established by the SWAT Team Leader, Tactical Commander and or Incident Commander.

Expected Life Span
All robots, 10-15 years.

Fiscal Impact
Annual maintenance and battery replacement cost is approximately $500. Budgeted department equipment funds are used for this item.

Training
Robot operator training is conducted annually during SWAT trainings. Training cost is $200 (2) There have been no complaints or concerns received concerning the military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no equipment being sought.

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Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Description, quantity, capabilities, and purchase cost

1. CADILLAC GAGE RANGER (PEACEKEEPER), cost: free (Military 1033 program), quantity: 0 (used during 2023 but returned to the 1033 program in late 2023). The Cadillac Peacekeeper is an armored vehicle that seats approximately 6 personnel. The exterior and floor of the cabin are protected by hardened steel plate, which can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This item will be removed on the next annual report for 2024.

2. LENCO BEARCAT, G2, cost: $315,518.65, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

3. Mine-Resistant Ambush Protected (MRAP), cost: Free (Military 1033 program), quantity: 0 (used during 2023 but returned to the 1033 program in late 2023). The MRAP is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This item will be removed on the next annual report for 2024.

Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Lifespan
Lenco Bearcat models G2 and G3, 25 years.

Fiscal Impact
Annual maintenance cost of approximately $10,000. There has been no training cost associated with these vehicles.

Maintenance for the vehicles is funded by budgeted Public Works funds for vehicle maintenance.

Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
(2) There have been no complaints or concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.

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40 MM Launchers and Rounds
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and as a method to deploy chemical agents from a safe distance.

Description, quantity, capabilities, and purchase cost

1. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, LMT #1425, cost: $1098, quantity: 7.

The 40MM Single Launcher is a tactical single shot launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles.

2. PENN ARMS, 40MM LAUNCHER, #GL1-40, cost: $1003, quantity: 8. The 40MM Single Launcher is a tactical single shot launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles.

3. CTS PENN ARMS, 40 MM LAUNCHER, Single Laucher fixed stock , fixed rail L140-1, cost: $1288, quantity: 4. The 40mm Single Laucher is a tactical single shot launcher. It will launch a 40mm less lethal projectiles and 40mm chemical agent projectiles. These are being purchased in 2024.

4. PENN ARMS, 40MM MULTI-LAUNCHER, #GL65-40, cost: $3146, quantity: 1. The 40MM MultiLauncher is a tactical platform capable of holding six projectiles in the launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles. This platform is more suitable for deploying multi projectiles in a shorter amount of time. This is effective during less lethal and or chemical agent deployments.

5. COMBINED TACTICAL SYSTEMS 40MM SPONGE SPIN STABILIZED FOAM BATON . #4557, cost $21.33, quantity: (Up to 300). A less lethal 40mm lightweight plastic and foam projectile fired from a single or multiround purpose built 40mm launcher with a rifled barrel at 260 FPS. The 60-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 150 feet from the target
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
f. Barricaded subjects
Training
Sworn members utilizing 40MM less lethal, chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agent instructors.

Lifespan

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1. Defense Technology LMT #1425- 25 years.

2. Penn Arms #GL1-40- 15 years.

3. CTS Penn Arms L140-1- 15 years

4. Penn Arms GL65-50-15 years.

5. Federal labs 37MM Multi-launcher-10 years.

6. Model 6325 Exact Impact Sponge- 5 years.

FISCAL IMPACT
Annual maintenance is approximately $50 for each launcher. Training cost is 2 rounds per year per officer, totaling approximately $2,772. During 2023, a re-supply of 40mm baton rounds was purchased for $2,432. Budgeted police funds are used for the training costs of this equipment. $5,152 will be spent to purchase 4 new Penn Arms L140-1, 40MM single launchers. Funding for these new launchers and ammunition is from budgeted department funds for equipment.
(2) There have been no complaints of concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. In 2024, 4 new Penn Arms L140-1 single 40MM launchers are being purchased for an estimated cost of $5,152. Additionally ammunition needed for training or deployment will be purchased.

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Less Lethal Shotgun
Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.

Description, quantity, capabilities, and purchase cost

1. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 13. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet.

The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12-GAUGE SUPER-SOCK BEANBAG ROUND, #2581 cost: $6, quantity: (up to 1000). A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Lifespan

1. Remington 870 Less Lethal Shotgun- 25 years.

2. Super Sock Round- No listed expiration date.

Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. Training cost is 5 rounds per year per officer, totaling approximately $1,950. During 2023, a re-supply of less lethal 12 gauge rounds was purchased for $1,989.

Budgeted police funds are used for the training costs of this equipment.

Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. (2) There have been no complaints of concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.

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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional ammunition needed for training or deployment.

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Combined Systems LC5 40MM Launching Cup
Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.

Description, quantity, capabilities, and purchase cost
COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $150, quantity: 1. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge.

Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Allows chemical agents to be deployed from a distance, behind cover and concealment.

Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
Fiscal Impact
No annual maintenance. There is no additional training costs for this.

Training
Officers utilizing the launching cups are trained by POST certified chemical agent instructors. (2) There have been no complaints of concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.

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Distraction Devices
A device used to distract dangerous persons.

Description, quantity, capabilities, and purchase cost

1. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG, cost: $62, quantity: (up to 60). A nonbursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light.

Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

2. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $45, quantity: (up to 150). The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. 8 of these devices were used on real-world incidents and 3 were used during training

3. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost: $139, quantity: (Up to 50). A nonbursting, non-fragmenting multi (9)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. One of these devices was used in training and one was used during a real-world incident Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use
Diversionary Devices shall only be used:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers. d. During other high-risk situations where their use would enhance officer safety. e. During training exercises.

Lifespan
Until used.

Fiscal Impact
No annual maintenance. There is no training cost outside of normal scheduled SWAT training. The cost of training devices is approximately $1,080 (approximately 2 devices deployed in training per year, per operator). During 2023, $1645.68 was spent on replenishing the inventory of distraction devices. Budgeted police funds are used for the replacement costs of this equipment.

Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. (2) There have been no complaints of concerns regarding the department military equipment. (3) The results of any internal audits has revealed no violations of the military equipment use policy, and any actions taken in response.

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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional devices needed to re-supply inventory due to training or deployments.

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Rifles
Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, quantity, capabilities, and purchase cost

1. GA Precision (AR-10) .308 CALIBER RIFLE, MODEL GAP-10, cost: $3,580.00, quantity: 1. The GAP10 with 18” Barrel, AR-10, is a precision style rifle. This firearm is chambered in .308 Winchester/7.62 NATO and has an 18” barrel. This rifle is primarily used in an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response. The GAP-10 is no longer being produced. The 2nd Generation GAP-10 retails for $3,724.00.

2. FNH SCAR-17 .308 caliber rifle, cost: $1800 each Quantity: 2. The SCAR with 18” barrel is a precisionstyle rifle that is more powerful than a standard rifle. The firearm is chambered in a .308 Winchester/7.62 NATO. This rifle is primarily used in an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response.

3. Hornady .308 Winchester 168 gr ELD-M Tap rifle round cost, $250 per case of 200. Quantity: (Up to 40 cases).

Purpose
To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use
Only members that are POST certified are authorized to use a rifle.

Lifespan

1. GA Precision GAP-10 .308 rifle – 15 years

2. (SCAR INCLUSION) FNH SCAR-17 .308 caliber rifle -15 years

3. (.308 AMMO INCLUSION) Hornady .308 Winchester 168 gr ELD-M Tap rifle round – No expiration Fiscal Impact
Annual maintenance is approximately $50 for each rifle. The associated training cost is for the .308 ammunition.

During 2023, $2,100 was spent on .308 ammunition for training. Funds for maintenance and ammunition is from budgeted police equipment funding.

Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

Audit
(2) There have been no complaints or concerns regarding the military equipment in 2023. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.

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Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.

Description, quantity, capabilities, and purchase cost

1. COMBINED TACTICAL SYSTEMS (CTS), Baffled Riot CS Smoke Grenade, #5230B, cost: $39.81, quantity: (Up to 60). This pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The munition is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.2 in. by 2.6 in. and holds an approximately 25 gm. of active agent payload. It has an approximate burn time of 20-40 seconds. 9 of these were used in real-world scenarios

2. COMBINED TACTICAL SYSTEMS (CTS), 40mm CS Liquid Barricade Projectile, #4330, cost: $26.97, quantity: (Up to 75) . The 40mm CS Liquid Barricade Projectile is designed specifically for penetrating intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors, and deliver irritant agents into an adjacent room(s).

This launchable munition is 4.1 in. long and 40mm in diameter and holds approximately 10 gm of active agent.

3. COMBINED TACTICAL SYSTEMS (CTS), Outdoor Tactical Grenade CS, #8230, cost $25.37, quantity:
(Up to 30) . The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use or in a “Fire safe deployment canister” and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. This grenade will deliver approximately 30 gm. of agent during its 20-40 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections.

4. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210, cost: $31.72, quantity: (Up to 20). White indoor/outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits grey-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.

5. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210HC, cost: $35.50, quantity: (Up to 35). White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits grey-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.

6. COMBINED TACTICAL SYSTEMS (CTS), OC-CS Vapor Grenade, #6343, cost: $43, quantity: (Up to 10). The OC-CS Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) and compound 2-chlorobenzalmalononitrile (CS) in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OCCS Vapor on the subject is dramatic and requires no personal decontamination. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC-CS Vapor Aerosol Grenade is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder or liquid devices is not practical or desired. The munitions contain 30 gm of active OC-CS chemical agents.

7. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 6 OUNCE, #56854, cost:
$24.90, quantity: (Up to 20). The 6 oz. OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements.

8. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 1 OUNCE, #56814, cost:
$18.65, quantity: (Up to 20). The 1 oz. OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. It is ideal for situations where the use of pyrotechnic, powder, or liquid devices are not practical or desired. The 1.3% Major Capsaicinoids provides sufficient effects in confined areas of up to

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6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms. The Aerosol Grenade Fogger was designed as an operator controlled instantaneous initiated aerosol grenade. It is a non-pyrotechnic that contains no CFCs, is not a fire hazard and requires minimal decontamination.

9. DEFENSE TECHNOLOGY, MUZZLE BANG LAUNCHING CARTRIDGE, 12 gauge. #1210, cost $8.50, quantity (Up to 30). This munition incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when using the 1370 Launching Cup.

Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.

Lifespan
5 years from manufacturing date. Budgeted police funds are used for the training costs of this equipment.

Fiscal Impact
No annual maintenance. Training cost is the replacement of training and gas used during actual deployments.

During 2023, a re-supply of chemical agents cost the following: $754.56 on 40mm CS ferret rounds. (2) There have been no complaints or concerns regarding the military equipment in 2023. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.

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Explosive Breaching Tools
Tools that are used to conduct an explosive breach.

Description, quantity, capabilities, and purchase cost

1. ROYAL REMINGTON 870 EXPRESS BREACHING SHOTGUN, Cost: $500, quantity: 3. This weapon allows for Breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

2. ROYAL ARMS TESAR-1 ORANGE CAP 275 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy solid wood doors, locks and hinges.

3. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 200). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

4. ROYAL ARMS TESCR#3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, Cost: $5 per round, quantity (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

5. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, Cost:
$6.50 per round, quantity: (Up to 30). The rounds are fired from a breaching shotgun and is used as a diversionary round and can be used to break glass and shot at a velocity of 270-290 feet per second (FPS).

6. ROYAL ARMS MB-70S 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $6.50 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

7. ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $9 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass.

Items intended to be purchased during 2024
The following list of items would need to be purchased as an initial start-up for an explosive breaching program.

Annual costs would just replace items as they run out. Total annual cost of maintenance is listed in the fiscal impact below. The equipment would be purchased utilizing budgeted funds for police equipment.

Energetic Compositions (5-year shelf life)
1) 18 gr Det Cord 200’ (Up to)(est. $200)
a. Can be used to create precision-based charges
b. Can create up to 33 linear charges
2) 25 gr Det Cord 200’ (Up to)(est. $200)
a. Used to +/- N.E.W (net explosive weight) with moderate adjustments b. Can create up to 33 linear charges
3) 50 gr Det Cord 200’ (Up to )(est. $200)
a. The standard composition for Law Enforcement programs b. Can create up to 33 linear charges
4) 100 gr Det Cord 200’ (Up to)(est. $200)
a. Most suitable for commercial and/or security screen doors b. Can create up to 33 linear charges
5) 14 gr Blasting caps (qt 25) with 30’ leads (est. $15ea/ $375 total) Non-consumable Components:

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1) CGS Pandora Firing system x2 (est. $2,200)
2) Coyote Gordita Energetics equipment bag x2 (est. $200) 3) Measuring tape x2 (est. $20)
4) Razor knives x2 (est. $20)
5) Storage Type 2 Magazine (already possessed)
6) Storage Type 3 Magazine (1 day box) (est. $1000)
7) Shock tube cutters (PTFE) x4 (est. $40)
8) Soileater shocktube container (2) (est. $50)
Consumable Components:
1) 209 primers (50-100) (est. $20)
2) Breachers tape (2 50” rolls 60mil) (est. $114)
3) Hydrogel tape (1 300’ roll) (already possessed)
4) Duct Tape (5 rolls) (est. $40)
5) Electrical Tape (5 rolls) (est. $25)
6) Gaffers Tape ( 5 rolls) (est. $50)
7) Double-sided Tape (generic 2 rolls) (est. $25)
8) K-Clips (50 pack) (est. $250)
9) Delivery Hose (free through YCFD/LFD)
10) 330B 8” rubber plates x4 (est. $50)
11) Water bags/IV bags (free)
12) Gel powder ($20)
13) FRP Trim ¼” x 1-3/8”x96” (8) (est. $40)
14) Miscellaneous: rubber strips, food containers, pipe insulation, rubber bands, otter pops, hot glue gun, etc. (est. $75)
Purpose
To safely gain entry into a structure. The following items would be purchased in 2024 and are intended to give the SWAT Team the capability to utilize explosive breaching. Explosive breaching is a fast, effective, and safe way to gain quick entry into a dwelling or structure during high-risk situations.

Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Use of explosive breaching equipment requires officers to be trained in the application of equipment.

Lifespan

1. Breaching Shotgun- 25 years

2. Royal Arms Tesar-1 orange cap 275 grain copper breaching round- 5 years

3. Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years

4. Royal Arms Tesar-3 green cap 375 grain clayvon frangible breaching round- 5 years

5. Royal Arms FB-82H 12-gauge 82 grain flash bang hard core breaching round- 5

6. Royal Arms MB-70S 12-gauge muzzle blast flash bang soft breaching round- 5 years

7. Royal Arms Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years **(Initially excluded lifespan information)**

8. Energetic Compositions- 5 years

9. Non-Consumable Components- Varies an excess of 5 years

10. Consumable Components- 2-3 years depending on the product Fiscal Impact

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Annual maintenance is approximately $500 for 12-gauge shotgun rounds. The initial startup for the explosive breaching program is $5,414, which is a shared cost with the Yuba County Sheriff’s Department ($2,707 is the YCPD portion). Estimated replacement cost of items associated with explosive charge breaching is up to $950.

This is a split cost with the Yuba County Sheriff’s Department. Training cost is the actual cost of any replacement rounds for shotgun breaching. Training costs for explosive breaching is an average of $2,000 per year. This is based on a total of 4 trained operators attending a course every 3 years to stay current on breaching. There were no additional replacement 12 gauge rounds during 2023. Budgeted police funds are used for the replacement costs of this equipment.

Training
Shotgun breaching shall be limited to SWAT personnel who have attended a Shotgun Breaching course or received documented training. Explosive breaching will be limited to only operators who are trained and certified explosive breaching.
(2) There have been no complaints or concerns regarding the military equipment in 2023. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) Replacement rounds for 12-gauge breaching rounds may be sought if needed. The above listed items are being sought for purchase during 2024.

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PepperBall Launcher
A device that discharges irritant projectiles.

Description, quantity, capabilities, and purchase cost

1. PepperBall VKS CARBINE, cost: $1300, quantity 4. The Variable Kinetic System (VKS) is a compressedair powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that offers the ability to quickly switch between Hopper mode and Magazine mode for optimum versatility.

2. PepperBall LIVE PROJECTILE, cost: $3 per projectile, quantity (up to 500). The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.

3. PepperBall LIVE-X PROJECTILE, cost: $4 per projectile, quantity (up to 200). The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

4. PepperBall INERT PROJECTILE, cost: $.80 per projectile, quantity 1 (up to 1500). The VXR Inert Projectile is a non-lethal round. The projectile contains approximately no PAVA powder. This projectile is best for direct impact with no PAVA powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.0% PAVA powder.
a. This projectile also comes in a shaped version that is not a sphere. This shaped version is called the PepperBall VXR INERT PROJECTILE. This shaped round is the similar to the sphere round in every category mentioned above. The only difference for this projectile is the standoff distance for direct impact is 5 feet to 140 feet. This projectile cost $3 a round, quantity 283 (up to 300).

Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.

Training
Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agents instructors.

Lifespan

1. PepperBall VKS Carbine- 20 years

2. PepperBall Live Projectile- 3 years

3. PepperBall Live-X Projectile- 3 years

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4. PepperBall Inert Projectile- 3 years

5. PepperBall VXR Inert projectile- 3 years
Fiscal impact
Annual maintenance is approximately $50 for each PepperBall launcher. During 2023, $642 in Pepperall rounds was purchased to re-supply rounds used during training and deployments. Budgeted police funds are used for the replacement costs of this equipment.
(2 There have been no complaints or concerns regarding the military equipment in 2023. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.

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Published with permission by Yuba City Police Department Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local governmentofficials, as well· as a right to participate in any governmentagency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

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Published with permission by Yuba City Police Department Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Yuba City Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.It is the policy of the Yuba City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Yuba City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
1 .Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description. quantity. capabilities. and purchase cost of current UAS:
i. DJI MAVIC MINI 2, cost: $630 each, quantity: 4.Small UAS that weighs approximately 249 grams and is able to record video and audio with approximately

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32 minutes of flight time. The department intends to purchase 2 additional drones during 2024 for a total of 6.
ii. DJI AIR 2, cost: $1200 each, quantity: 1. UAS THAT weighs approx. 595 grams, has video recording capabilities, with approximately 31 minutes of flight time. iii. Autel Robotics EVO II Duel 640T, cost: $8,500, quantity: 1. UAS that weighs approx.1150 grams and is able to record video, thermal video, audio, and is able to project audio, with approximately 38 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Missing Persons
(b) Any rapidly evolving or developing emergency situation (c) SWAT deployments/tactical situations
(d) Crime scene investigations
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Ficscal Impact
Annual maintenance and battery replacement cost is approximately $5,000. Training cost is $400.

We replaced the damaged drone with a new Autel EVOII Dual 640T S/N#1748CHL7823251189 drone. This had no fiscal impact as it was an even trade. We are planning on purchasing two additional DJI Mavic Mini 2 drones at $650.00 each. Budgeted departmental equipment and training funds are used for these items.
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must maintain a minimum of 1 hour of flight time per month as well as quarterly training.

2. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description. quantity. capabilities. and purchase cost i. Avatar II Tactical Robot, Robotx Technology Solutions, cost: $12,389 each, quantity: 1. The Avatar II Tactical Robot is a rugged, easy to use, tactical robot which enhances the capabilities of

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law enforcement and first- responders by allowing them to safely and quickly inspect dangerous situations. The Avatar II has the ability to navigate rugged terrain, climb stairs, and is equipped with a microphone and speaker to communicate with dangerous suspects. b. Purpose
To be used to remotely gain visual/audio data, open doors, communicate with barricaded subjects and clear buildings.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots identified at sections 2. Use is established by the SWAT Team Leader, Tactical Commander and or Incident Commander.
d. Expected Life Span
All robots, 10-15 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $500. Budgeted department equipment funds are used for this item.
f. Training
Robot operator training is conducted annually during SWAT trainings. g. Legal and Procedural Rules
It is the policy of the Yuba City Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Armored Vehicles : Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description. quantity. capabilities. and purchase cost i. CADILLAC GAGE RANGER (PEACEKEEPER), cost: free {Military 1033 program), quantity:
0The Cadillac Peacekeeper is an armored vehicle that seats approximately 6 personnel.The exterior and floor of the cabin are protected by hardened steel plate, which can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This item will be removed in the next annual report for 2024. ii. LENCO BEARCAT, G2, cost: $315,518.65, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel.It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
iii.Mine-Resistant Ambush Protected (MRAP), cost: Free (Military 103 program), quantity: 0..The MRAP is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for

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rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This item will be removed in the next annual report for 2024.
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training
d. Lifespan
Lenco Bearcat models G2 and G3, 25 years.
e. Fiscal Impact
Annual maintenance cost of approximately $10,000.
f. Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules
Use is established under General Order 580.18. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and as a method to deploy chemical agents from a safe distance.
a. Description. quantity. capabilities. and purchase cost i.DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, LMT #1425, cost:
$1090, quantity: 7. The 40MM Single Launcher is a tactical single shot launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles. ii. PENN ARMS, 40MM LAUNCHER, #GL1-40, cost: $1003, quantity: 8. The 40MM Single Launcher is a tactical single shot launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles.
iii. PENN ARMS, 40MM MULTI-LAUNCHER, #GL65-40, cost: $3146, quantity: 1. The 40MM Multi-Launcher is a tactical platform capable of holding six projectiles in the launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles. This platform is

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more suitable for deploying multi projectiles in a shorter amount of time. This is effective during less lethal and or chemical agent deployments.
iv. Combined Tactical Systems, 40MM Sponge Spin Stabilized Foam Baton, #4557, cost: $21.33, quantity: (Up to 300) A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 260 FPS. The 60-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 150 feet from the target.
vi.. CTS PENN ARMS, 40 MM LAUNCHER, Single Laucher fixed stock, fixed rail L140-1, cost:
$1288, quantity: 4. The 40mm Single Laucher is a tactical single shot launcher. It will launch 40mm less lethal projectiles and 40mm chemical agent projectiles. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations. vi. Barricaded subjects d. Training ·
Sworn members utilizing 40MM less lethal, chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agent instructors. e. Lifespan
Defense Technology LMT #1425- 25 years. Penn Arms #GL1-40- 15 years. Penn Arms GL65-50-15 years.. Model 6325 Exact Impact Sponge- 5 years. f. FISCAL IMPACT
Annual maintenance is approximately $50 for each launcher.Training cost is 2 rounds per year per officer, totaling approximately $2,772. During 2023, a re-supply of 40mm baton rounds was purchased for $2,432. Budgeted police funds are used for the training costs of this equipment. g. LEGAL AND PROCEDURAL RULES
It is the policy of the Yuba City Police Department to utilize the 40mm

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for official law enforcement purposes pursuant to State and Federal law, including those regarding the use of force.

5. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge SuperSock Beanbag Round. a. Description. quantity. capabilities. and purchase cost i.REMINGTON870 LESS LETHAL SHOTGUN, cost: $946, quantity: 13. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, #2581 cost: $6, quantity: (up to 1000). A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model2581 Super- Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold or "stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal Shotgun- 25 years. Super Sock Round- No listed expiration date. e. Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. Training cost is 5 rounds per year per officer, totaling approximately $1,950. During 2023, a re-supply of less lethal 12-gauge

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rounds was purchased for $1,989. Budgeted police funds are used for the training costs of this equipment.
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. g. Legal and Procedural Rules
It is the policy of the YCPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. Combined Systems LC5 40MM Launching Cup:Cups that attaches to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a.Description. quantity. capabilities. and purchase cost i. COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $150, quantity: 1.

The LC5 Launching Cups are designed for the 5200 series grenades.The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.Allows chemical agents to be deployed from a distance, behind cover and concealment.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1.Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.

4. Training exercises or approved demonstrations.
d. Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance.
f. Training
Officers utilizing the launching cups are trained by POST certified chemical agent instructors. g. Legal and Procedural Rules

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Use is established under the Standard Operating Procedure and Policy 707. It is the policy of the Yuba City Police Department to utilize the 40mm Launching Cup only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

7. Distraction Devices: A device used to distract dangerous people. a. Description. quantity. capabilities. and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG, cost: $62 ea., quantity: (up to 60).A non-bursting, non-fragmenting multi (2)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
ii. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost: $139 ea., quantity:(up to 50).

A non-bursting, non-fragmenting multi (9)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. One of these devices was used in training and one was used during a real-world incident
iii. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $45 ea.,quantity: (up to 150). The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. 8 of these devices were used on real-world incidents and 3 were used during training.
b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults,hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use
Diversionary Devices shall only be used:

1.By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3.In high risk warrant (search/arrest)services where there may be extreme hazards to officers.

4.During other high-risk situations where their use would enhance officer safety.

5. During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact

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No annual maintenance. There is no training cost outside of normal scheduled SWAT training. The cost of training devices is approximately $1,080 (approximately 2 devices deployed in training per year, per operator). During 2023, $1645.68 was spent on replenishing the inventory of distraction devices. Budgeted police funds are used for the replacement costs of this equipment. f. Training
Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
g. Legal and Procedural Rules
Use is established under General Order 580.16. It is the policy ofthe YCPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. Rifles: Guns ·that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description. quantity. capabilities. and purchase cost i. GA Precision (AR-10).308 CALIBER RIFLE, MODEL GAP-10, cost: $3,580.00, quantity: 1.

The GAP-10 with 18"8arrel, AR-10, is a precision style rifle.This firearm is chambered in.308 Winchester/7.62 NATO and has an 18" barrel.This rifle is primarily used in an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response.The GAP-10 is no longer being produced.The 2nd Generation GAP-10 retails for $3,724.00.
ii. FNH SCAR-17.308 caliber rifle, cost: $1800 each Quantity: 2. The SCAR with 18" barrel a precession-stylerifle that is more powerful than a standard rifle. The firearm is chambered in a.308 Winchester/7.62 NATO. This rifle is primarily used an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response. iii. Hornady.308 Winchester 168 gr ELD-M Tap rifle round cost, $250 per case of 200. Quantity:
(up to 40 cases).
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
GA Precision GAP-10.308 rifle -15 years
(SCAR INCLUSION) FNH SCAR-17.308 caliber rifle -15 years (.308 AMMO INCLUSION) Hornady.308 Winchester 168 gr ELD-M Tap rifle round – No expiration

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e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. The associated training cost is for the.308 ammunition. During 2023, $2,100 was spent on.308 ammunition for training. Funds for maintenance and ammunition is from budgeted police equipment funding. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
Use is established under the Standard Operating Procedure. It is the policy of the Yuba City Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

9. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description. quantity. capabilities. and purchase cost i. COMBINED TACTICAL SYSTEMS (CTS), Baffled Riot CS Smoke Grenade,#5230B, cost:
$39.81, quantity: (Up to 60). This pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The munition is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent or dangerous subjects. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.2 in. by 2.6 in. and holds an approximately 25 gm. of active agent payload. It has an approximate burn time of 20-40 seconds. ii. COMBINED TACTICAL SYSTEMS (CTS), 40mm CS Liquid Barricade Projectile,#4330, cost:
$26.97, quantity: (Up to 75). The 40mm CS Liquid Barricade Projectile is designed specifically for penetrating intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors, and deliver irritant agents into an adjacent room(s). This launchable munition is 4.1 in. long and 40mm in diameter and holds approximately 10 gm of active agent.
iii. COMBINED TACTICAL SYSTEMS (CTS), Outdoor Tactical Grenade CS, #8230, cost $25.37, quantity: (Up to 30). The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use or in a "Fire safe deployment canister" and it should not be deployed on rooftops, in crawl spaces

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or indoors due to fire producing capability. Can be hand thrown or launched. This grenade will deliver approximately 30 gm. of agent during its 20-40 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections.
iv. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210. cost:
$35.50, quantity: (Up to 35). White indoor/outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits gray-white smoke only for approximately 20 to 40 seconds.It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
v. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade,#6210HC. cost:
$35.50, quantity: (Up to 35). White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits gray-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
vi. COMBINED TACTICAL SYSTEMS (CTS), OC-CS Vapor Grenade, #6343, cost:$43., quantity: (Up to 10). The OC-CS Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) and compound 2- chlorobenzalmalononitrile (CS} in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC-CS Vapor on the subject is dramatic and requires no personal decontamination. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC-CS Vapor Aerosol Grenade is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder ·or liquid devices is not practical or desired. ·The munitions contain 30 gm of active OC-CS chemical agents. vii. DEFENSE TECHNOLOGY,OC AEROSOL GRENADE 1.3°-k FOGGER, 6 OUNCE, #56854, cost: $24.90, quantity: (Up to 20). The 6 oz. OC Aerosol Grenade will deliver its payload of 1.3% MCo/o OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3°-k OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements. viii. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 1 OUNCE, #56814, cost: $18.65, quantity: (Up to 20). The 1 oz. OC Aerosol Grenade will deliver its payload of 1.3°-k MC% OC in 20-25 seconds. It is ideal for situations where the use of pyrotechnic, powder, or liquid devices are not practical or desired. The 1.3% Major Capsaicinoids provides sufficient effects in confined areas of up to 6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms.

The Aerosol Grenade Fogger was designed as an operator controlled instantaneous initiated aerosol grenade. It is a non- pyrotechnic that contains no CFCs, is not a fire hazard and requires minimal decontamination.

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ix. DEFENSE TECHNOLOGY, MUZZLE BANG LAUNCHING CARTRIDGE, 12 gauge. #1210, cost $8.50, quantity (Up to 30). This munition incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when using the 1370 Launching Cup. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to: Selfdestructive individuals and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing date. Budgeted police funds are used for the training costs of this equipment.
f. Fiscal Impact
No annual maintenance. Training cost is the replacement of training and gas used during actual deployments. During 2023, a re-supply of chemical agents cost the following:
$754.56 on 40mm CS ferret rounds.
g. Legal and Procedural Rules
Use is established under the Yuba City Police Department Chemical Agent Manual 580."07. It is the policy of the Yuba City Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

10. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description. quantity. capabilities. and purchase cost i. ROYAL REMINGTON 870 EXPRESS BREACHING SHOTGUN, Cost: $500, quantity: 3.

This weapon allows for Breachers to safely utilize shotgun breaching rounds in order to destroy

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deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.

This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
ii. ROYAL ARMS TESAR-1 ORANGE CAP 275 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy solid wood doors, locks and hinges iii. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 200). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
iv. ROYAL ARMS TESCR#3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, Cost: $5 per round, quantity (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
v. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, Cost: $6.50 per round, quantity: (Up to 30)The rounds are fired from a breaching shotgun and is used as a diversionary round and can be used to break glass and shot at a velocity of 270-290 feet per second (FPS).
vi. ROYAL ARMS MB-70S 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $6.50 per round, quantity: (Up to 30)The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
vii. ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $9 per round, quantity: 1 (Up to 30)The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass. b. Items intended to be purchased during 2024
The following list of items would need to be purchased as an initial start-up for an explosive breaching program. Annual costs would just replace items as they run out. Total annual cost of maintenance is listed in the fiscal impact below. The equipment would be purchased utilizing budgeted funds for police equipment.

Energetic Compositions (5 year shelf life)
(a) 18 gr Det Cord 200' (Up to)(est. $200)

1. Can be used to create precision-based charges

2. Can create up to 33 linear charges
(b) 25 gr Det Cord 200' (Up to)(est. $200)

1. Used to +/- N.E.W (net explosive weight) with moderate adjustments

2. Can create up to 33 linear charges

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(c) 50 gr Det Cord 200' (Up to )(est. $200)

1. The standard composition for Law Enforcement programs

2. Can create up to 33 linear charges
(d) 100 gr Det Cord 200' (Up to)(est. $200)

1. Most suitable for commercial and/or security screen doors

2. Can create up to 33 linear charges
(e) 14 gr Blasting caps (qt 25) with 30' leads (est. $15ea/ $375 total) Non-consumable Components:
(a) CGS Pandora Firing system x2 (est. $2,200)
(b) Coyote Gordita Energetics equipment bag x2 (est. $200) (c) Measuring tape x2 (est. $20)
(d) Razor knives x2 (est. $20)
(e) Storage Type 2 Magazine (already possessed)
(f) Storage Type 3 Magazine (1 day box) (est. $1000)
(g) Shock tube cutters (PTFE) x4 (est. $40)
(h) Soileater shocktube container (2) (est. $50)
Consumable Components:
(a) 209 primers (50-100) (est. $20)
(b) Breachers tape (2 50" rolls 60mil) (est. $114)
(c) Hydrogel tape (1 300' roll) (already possessed)
(d) Duct Tape (5 rolls) (est. $40)
(e) Electrical Tape (5 rolls) (est. $25)
(f) Gaffers Tape ( 5 rolls) (est. $50)
(g) Double-sided Tape (generic 2 rolls) (est. $25)
(h) K-Clips (50 pack) (est. $250)
(i) Delivery Hose (free through YCFD/LFD)
(j) 330B 8" rubber plates x4 (est. $50)
(k) Water bags/IV bags (free)
(l) Gel powder ($20)
(m) FRP Trim ¼" x 1-3/8"x96" (8) (est. $40)
(n) Miscellaneous: rubber strips, food containers, pipe insulation, rubber bands, otter pops, hot glue gun, etc. (est. $75)
c. Purpose

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To safely gain entry into a structure. The following items would be purchased in 2024 and are intended to give the SWAT Team the capability to utilize explosive breaching. Explosive breaching is a fast, effective, and safe way to gain quick entry into a dwelling or structure during high-risk situations.
d. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Use of explosive breaching equipment requires officers to be trained in the application of equipment. e. Lifespan
(a) Breaching Shotgun- 25 years
(b) Royal Arms Tesar-1 orange cap 275 grain copper breaching round- 5 years (c) Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years (d) Royal Arms Tesar-3 green cap 375 grain clayvon frangible breaching round- 5 years (e) Royal Arms FB-82H 12-gauge 82 grain flash bang hard core breaching round- 5 (f) Royal Arms MB-70S 12-gauge muzzle blast flash bang soft breaching round- 5 years (g) Royal Arms Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years **(Initially excluded lifespan information)**
(h) Energetic Compositions- 5 years
(i) Non-Consumable Components- Varies an excess of 5 years (j) Consumable Components- 2-3 years depending on the product f. Fiscal Impact
Annual maintenance is approximately $500 for 12 gauge shotgun rounds. The initial startup for the explosive breaching program is $5,414, which is a shared cost with the Yuba County Sheriff's Department ($2,707 is the YCPD portion). Estimated replacement cost of items associated with explosive charge breaching is up to $950. This is a split cost with the Yuba County Sheriff's Department.Training cost is the actual cost of any replacement rounds for shotgun breaching.

Training costs for explosive breaching is an average of $2,000 per year. This is based on a total of 4 trained operators attending a course every 3 years to stay current on breaching. There were

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no additional replacement 12 gauge rounds during 2023. Budgeted police funds are used for the replacement costs of this equipment.
f. Training
Shotgun breaching or explosive breaching shall be limited to SWAT personnel who have attended a Shotgun Breaching or explosive breaching course or received documented training. g. Legal and Procedural Rules
It is the policy of the Yuba City Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

11. PepperBall Launcher: A device that discharges irritant projectiles. a. Description. quantity. capabilities. and purchase cost i. PepperBall VKS CARBINE, cost: $1300, quantity 4. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that offers the ability to quickly switch between Hopper mode and Magazine mode for optimum versatility. ii. PepperBall LIVE PROJECTILE, cost: $3 per projectile, quantity (up to 500). The basic PepperBall projectile contains 2o/o PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. iii. PepperBall LIVE-X PROJECTILE, cost: $4 per projectile, quantity (up to 200) The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. iv. PepperBall VXR INERT PROJECTILE, cost: $.80 per projectile, quantity (up to 1500). The VXR Inert Projectile is a non-lethal round. The projectile contains approximately no PAVA powder. This projectile is best for direct impact with no PAVA powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.0% PAVA powder. i. This projectile also comes in a shaped version that is not a sphere. This shaped version is called the PepperBall VXR INERT PROJECTILE. This shaped round is the like the sphere round in every category mentioned above. The only difference for this projectile is the standoff distance for direct impact is 5 feet to 140 feet. This projectile cost $3 a round, quantity 283 (up to 300).
b. Purpose

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To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive,· dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d. Training
Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agents instructors.
e. Lifespan
i. PepperBall VKS Carbine- 20 years
ii. PepperBall Live Projectile- 3 years
iii. PepperBall Live-X Projectile- 3 years
iv. PepperBall Inert Projectile- 3 years
v. PepperBall VXR Inert projectiles - 3 years
f. Fiscal impact
Annual maintenance is approximately $50 for each PepperBall launcher. During 2023, $642 in Pepperball rounds was purchased to re-supply rounds used during training and deployments.

Budgeted police funds are used for the replacement costs of this equipment. g. Legal and Procedural Rules
Use is established under Yuba City Police Department policy 303. It is the policy of the Yuba City Police Department to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

I. MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs. Yuba City Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalCES in the event of an emergency when approved by the COP or designee.

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707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy.Military equipmentused by other jurisdictions that are providing mutual aid or law enforcement related services to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid and/or assistance.

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707.7 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department.

The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a.A summary of how the military equipment was used and the purpose of its use. b.A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If YCPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
g. Within 30 days of submitting and publicly releasing an annual military equipment report, YCPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and YCPD's funding, acquisition, or use of military equipment.This shall occur as a part of YCPD's presentation to the governing body.

CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Yuba City Police Department shall be cataloged in a way which addresses each of the following requirements:

1.The manufacturer's description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on-going maintenance.

6. The quantity of the equipment, whether maintained or sought.

COMPLIANCE

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1.The Field Operations Division Commander will ensure that all Department members comply with this policy. The Commander will conduct an annual audit with the assistance of Patrol Division Lieutenants. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Investigation Division Commander and handled in accordance with YCPD policy. All instances of non-compliance will be reported to City Council via the annual military equipment report.

2.Any member of the public can register a question or concern regarding military use equipment by contacting the Yuba City Police Department's Records Unit via email at [email protected]. A response to the question or concern shall be completed by the Department in a timely manner.

3.Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Patrol Division Commander.

FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

1.The Department has authority to apply for funding prior to obtaining council approval and utilizing newly acquired equipment in the case of exigent circumstances.The Department shall obtain council approval as soon as practicable.
707.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.10 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which

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the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Executive Management Resolution - Terms of Employment Recommendation: A. Adopt a Resolution authorizing the unrepresented Executive Management employees Resolution effective June 1, 2024
B. Adopt a Resolution authorizing the City Manager authority to negotiate any non-monetary matters with the Department Heads
C. Adopt a Resolution authorizing a one-time, non-PERSable stipend payment to the Chief of Police.

Fiscal Impact: The one-time stipend payment is $13,419.

Purpose:

To authorize the unrepresented Executive Management employees' Resolution for terms of employment, authorize the City Manager to negotiate any non-monetary terms with the Department Heads, and to authorize a one-time stipend payment for Chief Baker.

Council’s Strategic Goal:

The Resolution address the City Council's overarching Strategic Goals of Quality of Life as the City Manager and Department Heads oversee City operations.

Background:

The Executive Team is comprised of the City Manager and the Department Heads. "Executive Team" has been a common way to refer to this unrepresented group of employees. As a reminder, the Department Head classifications are: 1) Police Chief, 2) Fire Chief, 3) Public Works & Development Services Director, 4) Finance Director, 5) Community Services Director, and 6) Human Resources Director. While reporting directly to the City Manager, the Department Heads oversee the day-to-day and strategic issues of the City including issues impacting the organizational operations, community, and employees.

The City Manager and Department Heads serve in “at will” positions. Department Heads have individual employment contracts executed by the City Manager based on delegated authority and approved parameters from the City Council; the current employment contracts originated in 2020 and

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were implemented in 2020 or when the employee was appointed. The City Manager's individual employment contract was effective December 10, 2021.

The Department Head employment contracts are tied to various bargaining unit Memorandum of Understandings (MOUs). The individual employment contracts overlapping with the MOUs have created ambiguity, resulting in administrative issues when implementing the employment contract along with the applicable MOU. Additionally, the terms of employment for unrepresented employees is being driven in part by negotiated MOUs for bargaining units that do not represent the Executive Team.

Effective September 25, 2021, Brian Baker was promoted to Chief of Police. When Chief Baker was a Police Commander he received education incentive pay as part of the Police Sworn Mid-Manager (now Police Mid-Manager) Memorandum of Understanding (MOU). When he was appointed to Police Chief, the education incentive pay was not defined as part of his terms of employment (approved by the City Manager, but not by the City Council) however his employment agreement was linked to the Police Sworn Mid-Manager MOU.

Analysis:

It is being proposed that the Executive Team have their own Resolution that defines terms and conditions of employment, particularly for compensation matters. This will make the administration of the Resolution more intentional and accurate than the overlapping agreements and various MOUs, and will avoid confusion or potentially conflicting provisions when one or more MOUs are revised. Also, the Resolution will prevent the Executive Teams' terms and conditions of employment being defined by a bargaining unit that does not represent them. The City Manager's employment agreement will not be impacted by this Resolution.

Please note that the City Manager compensation is set by contract and the Resolution will not affect the City Manager's holidays at this time. It is anticipated that Staff will return to update the contract consistent with the proposed Resolution if approved by City Council this evening.

A one-time stipend payment for Chief Baker's education incentive pay is being recommended from September 25, 2021 to May 31, 2024. This one-time stipend payment will resolve the past ambiguity that was created by the overlapping individual employment agreement and PSMM MOU. Going forward, education incentive pay, longevity pay, or specialty pay will not be provided to the Chief of Police unless authorized by Resolution.

Fiscal Impact:

The one-time stipend payment is $13,419.

Alternatives:

Do not approve the unrepresented Executive Management employees Resolution or the one-time stipend payment with Chief Baker. As to the Resolution, if this occurs, Staff will require direction to address next steps with the unrepresented Executive Management employees.

Recommendation:

A. Adopt a Resolution authorizing the unrepresented Executive Management employees Resolution effective June 1, 2024
B. Adopt a Resolution authorizing the City Manager authority to negotiate any non-monetary matters with the Department Heads

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C. Adopt a Resolution authorizing a one-time, non-PERSable stipend payment to Chief Baker Attachments:

1. Unrepresented Executive Management Employees Resolution

2. Police Chief Resolution
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING WAGES AND BENEFITS OF UNREPRESENTED

EXECUTIVE MANAGEMENT EMPLOYEES
WHEREAS, the “Executive Management” employees are listed in the City’s approved Salary Schedule, and currently include the “at will” miscellaneous positions of City Manager, Community Services Director, Finance Director, Human Resources Director, and Public Works and Development Services Director, and the “at will” safety positions of Fire Chief and Police Chief; and
WHEREAS, the terms, conditions and benefits for the Executive Management employees are updated from time to time by the City Council; and WHEREAS, the City contracts with the California Public Employees Retirement System (“CalPERS”) and obtains medical benefits through the Public Employees’ Medical and Hospital Care Act (PEMHCA) or PRISM Health Program; and
WHEREAS, in part, to more clearly and consistently comply with CalPERS and PEMHCA requirements, the City is adopting this Resolution specifically outlining the benefits and special compensation provided to unrepresented Executive Management employees;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. Employment Agreements Authorized.

The City Council hereby re-affirms and renews its approval of the City Manager’s authority to negotiate employment terms with the other Executive Management employees covered under this Resolution, including but not limited to the appropriate pay step into which to hire new staff (from within the City’s Salary Schedule and to enter into individual employment agreements for such Executive Management positions on the City’s behalf. Any such employment agreement terms which conflict with the specified benefits provided under this Resolution must be approved by the City Council.

Section 2. At Will Status.

Executive Management employees other than the City Manager continue to serve as “at will” employees, serving at the will and pleasure of the City Manager. The City Manager continues to serve at the will and pleasure of the City Council.

Section 3. Compensation.

A. Salary. Salaries for Executive Management employees shall be determined based on the salary range for the classifications as shown in the approved City Salary Schedule, as it may be amended from time to time. Movement between the pay steps shall be based on performance and at the City Manager’s discretion. Market adjustments may be recommended, at the City Manager’s discretion, based on operational need, market evaluation, or other related factors, but will require approval by the City Council in order to take effect.

B. Special Compensation. Special compensation (as defined by CalPERS) is available as set forth below, which are declarative of existing benefits and terms. i) Bilingual Pay. Employees who are sufficient in speaking a foreign

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language, as determined by the City, receive bilingual pay in the amount of one-point-four percent (1.4%) of their base rate of pay.
ii) Uniforms. Consistent with uniform pay provided to other sworn police employees, the Police Chief shall receive a uniform allowance in the amount of thirty-four dollars and sixty-two cents ($34.62) per pay period. Consistent with uniform benefits for other fire safety employees, rather than an allowance, the City will provide and pay for the Fire Chief’s uniform, including a Class “A” dress uniform meeting Department specifications.

C. Compensation for Extra Safety Chief Work at Events for which the City is Reimbursed. For work performed by the Police Chief or Fire Chief at an outside event or engagement for which the City receives specific reimbursement for their time, the City will pay such compensation to the applicable chief. Such payment will be taxable income subject to typical payroll taxes and withholdings, but will not qualify as special compensation for CalPERS purposes.

Section 4. Retirement.

A. Program Enrollment. Executive Management employees receive retirement benefits from the California Public Employees Retirement System (CalPERS), in accordance with applicable law and the City’s CalPERS contracts. City will enroll each Executive Management employee into the appropriate program (i.e. safety/miscellaneous, classic or PEPRA/”new” member, etc.). These include:
i. For miscellaneous employees hired between August 2, 1991 and July 1, 2012, the 2.7% at 55 formula (highest three-year average). The City pays 100% of the employee’s contribution to CalPERS and reports the employer payment of the member contributions as additional compensation for retirement purposes only. These members pay eight percent (8%) of the employer’s contribution on a pre-tax basis. ii. For miscellaneous employees hired after June 30, 2012, and who are not classified as CalPERS “new members,” the 2% at 55 formula (highest three-year average). The City pays 100% of the employee’s contribution to CalPERS and reports the employer payment of the member contributions as additional compensation for retirement purposes only. These members pay seven percent (7%) of the employer’s contribution on a pre-tax basis. iii. For miscellaneous employees hired after December 31, 2012, and who are classified as CalPERS “new members,” the 2% at 62 formula (highest three year average).

These employees pay one half the total normal cost, as determined annually by CalPERS, on a pre-tax basis.
iv. 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
v. For the Fire Chief and Police Chief positions (consistent with other safety management employees:
a. For safety employees hired before July 1, 2012, the 3% at 50 formula (highest three-year average). The City pays 100% of the employee’s contribution to

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CalPERS and reports the employer payment of the member contributions as additional compensation for retirement purposes only. These members pay nine percent (9%) of the employer’s contribution on a pre-tax basis.
b. For safety employees hired after June 30, 2012, and who are not classified as CalPERS “new members,” the 3% at 55 formula (highest three-year average). The City pays 100% of the employee’s contribution to CalPERS and reports the employer payment of the member contributions as additional compensation for retirement purposes only. These members pay nine percent (9%) of the employer’s contribution on a pre-tax basis. c. For safety employees hired after December 31, 2012, who are classified as CalPERS “new members,” the 2.7% at 55 formula (highest three-year average).

The City pays 100% of the employee’s contribution to CalPERS and reports the employer payment of the member contributions as additional compensation for retirement purposes only.

These employees pay one half the total normal cost, as determined annually by CalPERS, on a pre-tax basis.
d. All such safety retirement plans include 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
B. Employee Contributions. Except as may otherwise be limited or prohibited by law, the City Manager is authorized to contract for the City to pay all the appropriate contributions on an employee’s behalf (EPMC), and to report 100% of the employer payment of member contributions (EPMC) as additional compensation for retirement purposes only.

PEPRA members’ contributions shall be made and reported as provided by law.

C. All retirement terms shall be in accordance with state law, which includes required cost sharing provisions.

D. Retiree Health Benefit. If an Executive Management employee retires from the City, has at least five years of City service, and is of eligible service retirement age applicable to the employee’s CalPERS status, the Employee shall have the “Employee Only” medical premium paid by the City (at the value based on the lowest cost health plan available to an employee in the classification the retiree retired from) until such time as the employee is eligible to receive Medicare. If the Employee receives a disability retirement, this benefit is not available. The retiree will be responsible for paying the balance of the applicable premium requirement that exceeds the City’s contribution.

The retiree health care plan is separate from the employee health care plan which will result in a difference in premiums between the two plans. The cost of health care, if any, beyond the normal single employee health care contribution by the City will be the responsibility of the Employee. If the retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received

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one month in advance and it is the responsibility of the retiree to ensure that the City receives the payment. Failure to pay the retiree’s contribution in a timely manner may result in the loss of the benefit.

Section 5. Insurance and Related Benefits
A. Heath Benefits.

1. For non-safety Executive Management and for the Fire Chief, programs for City-sponsored medical insurance shall be provided for Executive Management employees and their dependents commensurate with the programs provided to the majority of miscellaneous City employees. The split for medical premium costs shall be 80% (City)/20% (employee). The City shall contribute to an employee’s cafeteria plan an amount equal to a 80% of the premium cost, based on the lowest cost health plan available to a majority of the City’s miscellaneous employees. Employee contributions are on a pre-tax basis.

2. For the Police Chief, programs for City-sponsored medical insurance shall be provided for the Police Chief and dependents commensurate with the PORAC programs provided to the employees in the other police units. The split for medical premium costs shall be 80% (City)/20% (employee). The City shall contribute to an employee’s cafeteria plan an amount equal to 80% of the premium cost, based on the lowest cost health plan available to safety employees in the Police Mid-Manager unit, minus the MEC. Employee contributions are on a pre-tax basis.

B. Dental/Vision.

1. 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%, major coverage is 60%, and vision allowance is $800 in 24-month period.
2 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, that is not subject to bargaining requirements or the grievance process, and then communicate the determination in writing as to whether the City will pay for the enhanced dental/vision benefits set forth above 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.

3. Employees must participate in the City’s Dental and Vision Plan in a manner provided in the adopted Dental and Vision Plan Agreement.

C. Cash-in-Lieu Program. Cash in lieu of benefits is available to Executive Management employees who reduce the level of health care coverage, or elect to forego coverage, as follows:
i. 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

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entitled to Cash-in-Lieu benefit and 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 leave and the Cash-in-Lieu benefit for the lower level elected.
ii. Employees electing to forego City health insurance coverage entirely will receive a cash-in-lieu benefit based on the percentage of the current lowest cost health plan available to the majority of City employees (this amount is subject to change based on the City’s negotiations with bargaining units):

Employee only: 25%
Employee plus one dependent: 25%
Family coverage: 30%
D. Life insurance. Life insurance benefits in the amount of $150,000 shall be maintained for Executive Management employees at City cost.

E. Long- and Short-Term Disability.

1. A long-term disability plan shall be provided for Executive Management employees at City cost.

2. Short term disability benefits shall be available to miscellaneous Executive Employees, at their own cost, through a UNUM program (or subsequent equivalent) which is replacing the City’s former self-sponsored program (City Program).

The City Program will be available (at employee expense) until the UNUM program is operational, after which no further City Program claims will be accepted. The Fire Chief and Police Chief positions do not have access to City-affiliated short-term disability benefits, but may have access to programs available to other fire or police employees through California Association of Professional Firefighters (for the Fire Chief) and PORAC (for the Police Chief). The City has no role in administration of these outside provider benefits.

F. Employee Assistance Program (EAP). Employees have access to the City’s general EAP, which assists employees with issues that may impact their job performance, health, and/or mental and emotional well-being. The EAP offers free and confidential assessments, short-term counseling, referrals, and follow up services for employees and their household members. Details about the EAP program are available at Human Resources.

G. Flexible Spending Account (FSA). Employees may contribute to a Flexible Spending Account (FSA) on a pre-tax basis to assist with the cost of medical, dental, and vision deductibles, co-payments and other qualifying expenses.

H. Dependent Care Spending Program. Employees may contribute to a Dependent Care Plan on a pre-tax basis to assist with the cost of eligible child or elder care expenses.

I. Deferred Compensation. Executive Employees shall receive a monthly City contribution of $200 paid into a City of Yuba City deferred compensation plan. The City also maintains a 457 plan (or other similar equivalent provided by a third party) for employees’ participation subject to plan requirements and other legal limitations.

Section 6. Leaves and Related Benefits
A. Sick and Vacation Leave. Employees shall accrue sick leave pursuant to the City’s Personnel Rules. Vacation leave accrues at the following rates:

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Years of Service
0-Completion of 4 years
5-Completion of 10 years
11-Completion of 15 years
16 or more years
Bi-Weekly Rate

4.0 hours

5.5 hours

6.5 hours

7.1 hours
The City Manager has discretion to acknowledge up to 20 years a new Executive Employee’s previous years of service at another California local government agency as if they were years of City service, such that the new employee would begin accruing vacation leave at a faster rate upon beginning City employment. (For example, an employee who previously worked at the City of Marysville for 5 years could, if approved by the City Manager, begin accruing Yuba City vacation time at the rate of 5.5 hours biweekly.) Vacation leave accruals are subject to the limits in the Personnel Rules; sick leave may be accrued without limitation. At separation from City service, Executive Management employees shall be compensated for all accrued vacation and administrative leave. Accrued sick leave may be eligible for CalPERS conversion or sick leave compensation pursuant to the City’s then-current CalPERS contract and the City’s Personnel Rules.

B. Administrative Leave.

1. Executive Employees shall be credited with eighty (80) hours of administrative leave on the first non-payroll week of each January.

2. 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. The allotment of leave is at the full discretion of the City Manager.

3. In December of each year, Employee may annually make an irrevocable election to cash out a maximum of 40 hours of administrative leave that will be accrued in the following 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. Any unused balance up to 40 hours will be carried over to the next calendar year, subject to a maximum accrual of 160 hours.

C. Holidays
Employees are entitled to holidays with pay. Employees will have holidays off to the same proportion as to their regular scheduled work hours. If a holiday falls on a regular scheduled day off, the employee shall take an alternate day off within the current or following pay period. The City recognizes following holidays:
• New Year’s Day (the first day of January)
• Martin Luther King Day (the third Monday in January)
• Washington’s Birthday (the third Monday in February)
• Memorial Day (the last Monday in May)
• Independence Day (the fourth day of July)

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• Labor Day (the first Monday in September)
• Veterans Day (observed on the day established by the Yuba City Unified School District)
• The Week of Thanksgiving, effective 2024
• Christmas Day (the 25th day of December)
• One (1) regular scheduled day off to be used on either Christmas Eve or New Year’s Eve, or a combination on both days.

Whenever a holiday falls on Sunday, the following Monday is observed as a holiday, and whenever a holiday falls on a Saturday, the preceding Friday is observed as a holiday.

Employees are entitled to holiday with pay only if (i) the employee would have been regularly scheduled to work and (ii) the employee is in a paid status on the date immediately preceding or succeeding the holiday.

Employees required to work some hours during the week of Thanksgiving will be allowed to take corresponding holiday hours off during the months of October, November, or December.

D. Floating Holiday.

Effective July 1, 2024, employees receive one (1) floating holiday annually on July 1. If an employee does not use their floating holiday during the fiscal year the holiday will be cashed out on the final check of the fiscal year. Scheduling/approval of use of the floating holiday must be in accordance with the requirements of Rules.

Section 7. Professional Development.

A. Tuition Reimbursement. Employees are eligible for up to five thousand dollars ($5,000) per fiscal year for tuition reimbursement, subject to the rules and requirements of the tuition program.

B. Professional Growth. Subject to budget approval, the City will pay for reasonable professional dues and subscriptions for each Executive Employee’s participation in two professional organization deemed necessary and desirable, in the discretion of the City Manager, for the employee’s continued professional growth and advancement, and for the good of the City. In addition, and expressly subject to preapproval by the City Manager, the City will pay reasonable travel and subsistence expenses for Executive Employee’s participation in professional meetings and development activities.

Section 8. Severance.

The City Manager is authorized the discretion to include severance provisions in the Executive Management employment agreements that provide Executive Employees terminated without cause (or who resign in lieu of such termination) up to six months’ salary (at the thencurrent rate of pay) and value of up to six months of health insurance premiums (at then-existing coverage levels). Severance benefits are expressly conditioned upon the departing employee’s execution of completes waiver and releases of any and all claims, in a format drafted by or acceptable to the City Attorney or designee. No severance benefits are available to Executive Managers who voluntarily resign or are terminated for willful misconduct, malfeasance, dishonesty for personal gain, conviction of a misdemeanor involving moral turpitude or conviction of a felony.

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Section 9. Reduction in Salary or Benefits.

In the event the City implements cost-saving measures, such as work furloughs, salary reductions, changes to health or welfare benefits and allowances, or any other changes to the terms the applicable Management Employees MOUs, Executive Management employees will receive the same downward adjustment and change in terms as that applicable to the corresponding management unit. In the event that such cost-saving measures are subsequently eliminated (i.e. former salary or benefit levels are restored), Executive Management employees will receive same restoration of salary or terms as the corresponding management unit.

Section 10. Other Terms and Conditions of Employment
A. All Executive Employee employment agreements must reference the post-City employment “revolving door” limitations set forth in Ordinance No. 006-20.

B. This resolution does not authorize any auto allowance for Executive Employees.

However, the City Manager has discretion to approve making a City vehicle available for an Executive Employee’s use in accordance with the typical work requirements of their position or for unique work-related travel. City vehicles are not for personal (i.e. not work-related) use.

C. The City Manager may, by agreement with Executive Employees, establish any such other terms and conditions of employment, so long as such terms and conditions are not inconsistent with or in conflict with the provisions of this resolution, the Yuba City Municipal Code or any other law.

PASSED AND ADOPTED by the City Council of the City of Yuba City at a duly noticed meeting held on May 21, 2024 by the following vote:

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ATTACHMENT 2

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RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING AN ONE-TIME, NON-PERSABLE STIPEND PAYMENT FOR

THE POLICE CHIEF, BRIAN BAKER
WHEREAS, Brian Baker was appointed Chief of Police on September 25, 2021; and WHEREAS, prior to that appointment Chief Baker was a Police Commander in the Police Sworn Mid-Manager (now Police Mid-Manager) bargaining unit; and WHEREAS, the Police Sworn Mid-Manager Memorandum of Understanding (MOU) authorized education incentive pay for those unit employees who completed a master’s degree in a work-related field and/or completed the FBI National Academy; and WHEREAS, at the time his agreement as Chief of Police was negotiated, there was ambiguity about his ability to maintain eligibility for education incentive pay; and WHEREAS, Chief Baker has his master’s degree and later attended the FBI National Academy, but did not receive education incentive pay; and WHEREAS, the City has determined the existing salary for the Police Chief (including the recent 3.25% wage increase effective July 15, 2023) is sufficient; and WHEREAS, the City also wishes to clarify that another provision of the Police MidManager MOU approved after his appointment as Chief (specifically longevity pay) does not apply to Police Chief, who has not received such benefits and will not receive them going forward; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

A. The City Council authorizes a one-time, non-PERSable stipend payment to Chief Baker in the amount of $13,419 as the approximate value of the education incentive between September 25, 2021 and May 31, 2024. Such stipend is not reportable special compensation for CalPERS purposes, but is subject to all applicable payroll taxes and withholdings.

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 21st day of May 2024.

AYES:

NOES:

ABSENT:
________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel

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Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Annual Levy Initiation
Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, and Yuba City Lighting and Landscape Maintenance District No. 2, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972 Fiscal Impact: Receipt of assessments and expenditure of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

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

Council Strategic Goal:

Levying Yuba City Landscape Maintenance District No. 1 (LLMD 1) and Yuba City Lighting and Landscape Maintenance District No. 2 (LLMD 2) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD No. 1 and LLMD No. 2 will ensure that street lighting, landscaping, and other items included in the Districts are maintained and in operation.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in LLMD 1 and LLMD 2 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed.

LLMD 1 includes the Stabler Lane area (Zone of Benefit A) and Garden Highway Area (Zones of Benefit B, B_1, and B_2). Zones of Benefit A and B do not have provisions for a cost of living adjustment (COLA) and have historically been charged the maximum levy allowed in order to cover their annual expenses. Zones B_1 and B_2 are recently formed zones of benefit and do have provisions for a COLA which is based on the Consumer Price Index from January to January. LLMD 2 (Town Square Area) also has provisions for COLA.

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Analysis:

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

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the reports. The proposed assessments for Fiscal Year 2024-25 will be available for review and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

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

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, and Yuba City Lighting and Landscape Maintenance District No. 2, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972
Attachments:

1. Attachment 1 - Resolution LLMD 1-2 Initiation
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

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Yuba City City CouncilMay 21, 2024

Yuba City City Council
May 21, 2024