Yuba City City Council
December 17, 2024

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
DECEMBER 17, 2024

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

CITY COUNCIL

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

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

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

AGENDA

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 17, 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 Successor Agency to the Development Agency and City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_meEe49l7Qk-7YQT7bsIH1A. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the Successor Agency to the Redevelopment Agency and City Council prior to the meeting.

Please identify the Agenda item(s) addressed by the comments.

Public Comment:

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

Closed Session
A. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Ann Gillen, Community Services Director, Diona Pope, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW, Ian Sangster, Kronick Moskovitz Tiedemann & Girard
Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1 Unrepresented employees: Confidential Employees, Executive Services Employees Regular Meeting

Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
__ Councilmember Cole
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications
Ceremonial Presentations

1. Eric Ball Retirement Proclamation

2. Spencer Morrison Retirement Proclamation
Public Communication

3. 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.

4. Minutes of the November 19, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council; and Minutes of the December 10, 2024 Special Meeting of the City Council
Recommendation: Approve the Minutes of the November 19, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council; and the Minutes of the December 10, 2024 Special Meeting of the City Council

5. 2025 Minimum Wage Increase
Recommendation: Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2025

6. Business License Ordinance Update
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit

organizations by title only and waive the second reading

7. Purchase and Installation of Video Surveillance & Door Access Control at the Yuba City Police Department, Sutter Animal Services Authority, and Corporation Yard
Recommendation: Adopt a Resolution awarding the purchase of Verkada surveillance and access control systems to Monarch Connected of San Francisco, CA, in the amount of $134,317.69 utilizing CMAS contract number 3-23-01-1017 with the finding that it is in the best interest of the City

8. Annual Investment Policy Adoption
Recommendation: Approve Investment Policy as presented

9. Spiva Avenue Waterline Replacement Project - Award Construction Contract Recommendation: Adopt a Resolution with the following actions:

A. Awards a construction contract to Platinum General
Engineering LLC (d.b.a. Platinum Dirt Worx), of Modesto, CA in the amount of their total bid $199,400.00 and
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, and approves CEQA Class 1 and Class 2 exemptions
B. Authorizes the Finance Director to make supplemental appropriation of $279,170.00 to account 951093-65501 with an offsetting revenue budget adjustment to 517-43480 for the receipt of grant funds

10. Aquifer Storage and Recovery Well Project - Plans and Specifications Approval Recommendation: Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Aquifer Storage and Recovery Well (Well #3) Project at the Water Treatment Plant and authorizing advertisement for bids on the project

11. Submission of Recertification Application for Tree City USA Designation Recommendation: Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City to continue its designation as a Tree City USA community

12. Chima Ranch Subdivision Development Agreement Assignment Recommendation: Adopt a Resolution of the City Council of the City of Yuba City approving the assignment of responsibilities under the
Development Agreement associated with the Chima Ranch
Tentative Subdivision Map (SM 22-07) from Interwest Homes Corporation to LGI Homes, LLC, and authorize the Development Services Director to sign the Consent to Assignment

13. Henson Ranch Estates Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Henson Ranch Estates Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located north of North Colusa Frontage

Road, East of Hooper Road, and west of El Margarita Road]

14. SACOG Grant Agreement for City Welcome Sign Project (Gateway Signs Improvement Project)
Recommendation: Adopt a Resolution authorizing the City Manager of the City of Yuba City to execute a Memorandum of Understanding between Sacramento Area Council of Governments and the City of Yuba City, and all other necessary grant agreements for the
Community Design Funding Program: Gateway Signs
Improvement Project

15. Fourth Amendment to the Disposition and Development Agreement for the Feather River Mill and Associated Properties (Noyan Properties. L.P., and H-NYC, LLC)
Recommendation: A. Adopt a Resolution of the City Council approving the fourth amendment to the Disposition and Development
Agreement with H-NYC, LLC, and Noyan Properties, L.P.,
authorizing the sale and development of real property
located at the southeast corner of Bridge and Shasta
Streets (Current APNs: 52-324-028, -029, -030, -031, -
032, -033, & -034)
B. As the City Council, authorize the City Manager to
approve and sign on behalf of the City, Amendment No. 4 to the Disposition and Development Agreement with
Noyan Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52-
324-028, -029, -030, -031, -032, -033, & -034)
C. As the Board of Directors of the Successor Agency,
authorize the Executive Director to approve and sign on behalf of the Agency, Amendment No. 4 to the
Disposition and Development Agreement with Noyan
Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52-324-028, - 029, -030, -031, -032, -033, & -034)

16. Bogue Road Sewer Extension Project
Recommendation: Adopt a Resolution to:

A. Award a construction contract to Ranger Pipelines, Inc., of San Francisco, CA in the amount of their total bid for bid schedules A & B of $4,275,341.00 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 Inferrera Construction Management Group, Inc., of Shingle
Springs, CA for Inspection Services in the amount of
$188,219.00 and authorize the City Manager to execute
the contract on behalf of the City, subject to material

terms, subject to review and approval as to legal from by the City Attorney, and with the finding that it is in the best interest of the City
C. Award a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor Compliance Services in
the amount of $20,000.00, subject to material terms, with the finding that it is in the best interest of the City D. Authorize the Finance Director to make a budget transfer in the amount of $2,070,000 from CIP Account No. 1277
(Harter-Bridge Trunk Sewer) to CIP Account No. 1295
(Bogue Road Sewer Extension)
E. Authorize the Finance Director to appropriate a total of $4,000,000.00 in American Rescue Plan Act funds for
wastewater obligations outlined in the Newkom Ranch
Development Agreement

17. Terex Hi-Ranger XT PRO 56 Aerial Truck
Recommendation: Adopt a Resolution to approve an increase to the capital acquisition budget allocation for the Park's Department Terex HiRanger XT PRO 56 Aerial Truck in the amount of $6,507.73 for a total capital asset value of $280,369.73

18. City of Yuba City Advisory Board Appointment List
Recommendation: Note and File the 2024 Local Appointment List and Direct Staff to post on the City’s website

19.. Biennial Review of the City of Yuba City Conflict of Interest Code Recommendation: Adopt a Resolution Amending the City of Yuba City Conflict of Interest Code and list of Designated Positions

20. Lease of the Madden House for the Yuba-Sutter Chamber of Commerce Offices Recommendation: Adopt a Resolution approving a Lease Agreement with the YubaSutter Chamber of Commerce for the use of the Madden House (1300 Franklin Road), authorizing the City Manager to make nonmaterial modifications, subject to City Attorney approval

21. Parks and Recreation Commission Ordinance Update
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to repeal Chapter 1 (Parks and Recreation Commission) of Title 9 by title only and waive the second reading
Business Items

22. Annual Report from the Downtown Yuba City Business Improvement District and Proposed Levy of Annual Assessment for 2025
Recommendation: A. Adopt a Resolution Accepting and Approving the 2024-2025 Annual Report of the Downtown Yuba City Business
Improvement District
B. Adopt a Resolution of Intention to Levy and Collect 2025 Annual Assessments and set a Public Hearing for January 21,

2025

23. Downtown Yuba City Business Improvement District Ordinance Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City to amend Municipal Code Section 3-9.050 for the collection of delinquent assessments, by title only, and waive the first reading

24. Small Wireless Telecommunication Facilities within the City's Right of Way Recommendation: Adopt a Resolution that:

A. Amends the City’s Fee Schedule to include new fees for the processing of Wireless Telecommunication Facility Permits in the City’s Public Right-of-Way
B. Authorizes the City Manager to execute a Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for use of Municipal Facilities to install Small Wireless Facilities

25. Time extension for Development Plan 20-03, Richland Village Affordable Housing Development, and associated City funding commitment
Recommendation: Approve a two-year extension of time for Development Plan 20- 03 and the associated City funding commitment, pursuant to City Municipal Code Section 8-5.7106, resulting in a new expiration date of January 19, 2027

26. General Plan Amendment 24-02 and Rezone 24-04 for the Gary Smith project located at 2192 Live Oak Blvd.

Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment 24-09 by adopting a
Mitigated Negative Declaration, subject to the Mitigation Measures, and approve General Plan Amendment (GPA) 24-02 re-designating 0.43-acres from the Manufacturing, Processing, and Warehousing land use designation to the Community
Commercial designation, and;
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone (RZ) 24-04 rezoning 0.43 acres Light Industrial District (M-1) Zone District to Community Commercial (C-2) Zone District, for the Smith project, located at 2192 Live Oak Blvd (APN 51-490-028), and waive the first reading.

27. General Plan Amendment 24-03, Tentative Subdivision Map 24-04 and Planned Development 19: Brownstone Estates, located on the north side of North Colusa Frontage Road between Hooper Road and El Margarita Road Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution approving Environmental Assessment (EA) 24-10, by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approving General Plan Amendment (GPA) 24-03, and

Tentative Subdivision Map 24-04, Brownstone Estates, for 54- single family residential lots
C. Introduce an Ordinance of the City Council of the City of Yuba City approving Planned Development 19, on 7.84 acres located on the north side of North Colusa Frontage Road between Hooper Road and El Margarita Road (Assessor’s Parcel
Numbers 62-082-019, -020, -021) and waive the first reading

28. Update X19 Combining (Zoning) District
Recommendation: Initiate a Municipal Code amendment to revise the X19 Combining District to provide for future intersection
improvements at the State Highway 20 / El Margarita Road intersection

29. Planning Division Fee Schedule Update
Recommendation: Conduct a Public Hearing to receive comments on a proposed Planning Fee Schedule Update and provide staff direction on bringing the item forward

30. Planning Commission Representation
Recommendation: A. Receive staff information and presentation, then provide feedback and direction to staff; and

B. Initiate a Municipal Code amendment, changes to the
Planning Commission Bylaws, and other recommended changes to update the composition of the Planning Commission from seven to five members with appointments to be made by
individual City Council members coinciding with Council members’ individual districts
Future Agenda Items

31. 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

32. City Manager's Report

33. City Council Reports
Adjournment

Proclamation
of the City Council
Agenda Item 01

ERIC BALL
Code Enforcement Officer II
December 10, 2005, to December 30, 2024
WHEREAS, Eric Ball has dedicated 19 years of exceptional service to the City of Yuba City as a Community Service Officer with the Yuba City Police Department and as a Code Enforcement Officer with the Development Services Department demonstrating an unwavering commitment to the improvement of public safety, health and welfare, protection of property rights and property values, and improving the City’s aesthetics through the enforcement of the City’s Municipal Codes; and WHEREAS, through his extensive tenure, Eric Ball has played a vital role in addressing the impacts of blight, improving the City’s aesthetics and protection of the environment through his work to pursue grant funding that provided for California Conservation Corps teams working in our community to mitigate the impacts of the homeless both along the Feather River and within the City; and WHEREAS, his expertise, hard work, and attention to detail have contributed significantly to the quality of life for our community, earning him the respect and admiration of his colleagues, City leadership, and residents alike; and
WHEREAS, Eric Ball has consistently exemplified professionalism, reliability, and teamwork, serving as a valued and trusted member of both the Police Department and the Development Services Department and a role model for his peers; and
WHEREAS, as he retires, the City of Yuba City recognizes and celebrates his dedication, achievements, and the lasting impact he has made on the community he has served so diligently.

NOW, THEREFORE, BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City, and on behalf of the entire City Council, do hereby commend Eric for his outstanding and loyal service and sincerely urge all residents of the City of Yuba City to join with me in recognizing Mr. Eric Ball for all of his contributions to the Yuba City community for the past 19 years.

Done this 17th day of December 2024, at the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
Agenda Item 02

SPENCER MORRISON
Finance Director
Retirement Proclamation
To Be Presented by Mayor Shaw

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

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: Minutes of the November 19, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council; and Minutes of the December 10, 2024 Special Meeting of the City Council
Recommendation: Approve the Minutes of the November 19, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council; and the Minutes of the December 10, 2024 Special Meeting of the City Council Fiscal Impact: None
Attachments:

1. 11-19-2024 Regular Meeting Minutes (DRAFT)

2. 12-10-2024 Special Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

AMENDED AGENDA OF REGULAR MEETING OF THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

AND CITY COUNCIL - CITY OF YUBA CITY
NOVEMBER 19, 2024
6:00 P.M. REGULAR

MEETING COUNCIL

CHAMBERS/VIRTUAL
Call to Order
The Regular Meeting of the Successor Agency to the Redevelopment Agency and 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 Greg Mansur, Adventure Church of Yuba City
Pledge of Allegiance to the Flag
Members of Boy Scout Troop 389 and Cub Scout Pack 43 led the pledge of allegiance City Attorney's Report on Closed Session Items
No Closed Session
Agenda Modifications
Item 6 (Proclamation for the 10th Street Bridge as the POW/MIA Bridge), was moved immediately following Item 4. Item 5 (2025-2029 CDBG Consolidated Plan Process) became the last Ceremonial Presentation.

Mayor Harris recused himself from Item 12 (Lighting & Landscape Maintenance District No.5 Zone K Budget Allocation). This item was pulled from the Consent Calendar and voted on separately
Ceremonial Presentations

1. Recognition of Boy Scout Troop 389 and Cub Scout Pack 43 for Flag Posting along Veteran's Memorial Circle
Mayor Harris presented a proclamation to:
• Andrew Stockmal, Senior Patrol Leader

• Scott Bowden, Scoutmaster
• Members of Boy Scout Troop 389
• Devin Crosby, Cubmaster
• Members of Cub Scout Pack 43

2. Retirement Proclamation for Drew Crawford, Fire Apparatus Operator Mayor Harris presented a proclamation to Drew Crawford, Fire Apparatus Operator

3. Retirement Proclamation for Sam Escheman, Police Commander Mayor Harris presented a proclamation to Sam Escheman, Police Commander Laura Nicholson and Isabella Morgan presented a joint resolution on behalf of Senator Niello and Assemblyman Gallagher
David Morgan presented a certificate on behalf of Congressman LaMalfa

4. Homelessness Awareness Month Proclamation and Presentation Mayor Harris presented a proclamation to Johnny Burke, Executive Director, Sutter Yuba Homeless Consortium

6. Proclamation for the 10th Street Bridge as the POW/MIA Bridge Mayor Harris presented a proclamation to Brock Bowen, Veteran of Foreign Wars and Yuba City American Legion Post 705

5. 2025-2029 CDBG Consolidated Plan Process
Shannon Sardo, Administrative Analyst, gave a presentation Public Communication

7. Appearance of Interested Citizens
No public comment
Consent Calendar
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 8-11 & 13-19

8. Minutes of the November 5, 2024 Regular Meeting of the City Council Approve the Minutes of the November 5, 2024 Regular Meeting of the City Council

9. Purchase one (1) Ford Maverick Truck for the Police Volunteer (VIP) Program and five (5) Police Motorcycles for Patrol
Adopt Resolution 24-141 to:

A. Award the purchase of one (1) Ford Maverick truck to Larry Geweke Ford of Yuba City, CA., for the amount of $29,009.98, with the finding it is in the best interest of the City
B. Authorize the purchase of five (5) Harley-Davidson FLHTP motorcycles to Yuba City Harley-Davidson of Yuba City, CA, in the amount of $130,938.65 with the finding that it is in the best interest of the City C. Authorize the purchase and installation of equipment for Cop Shop Installations of Yuba City, CA, in the estimated amount of $4,444.77 with the finding that it is in the best interest of the City D. Authorize the Finance Director to transfer $131,986.40 from 225- Z69990 (Traffic and Safety) to 6610-Z69980 (vehicle replacement fund) to cover the remaining cost of the purchase. The accumulated replacement funds for the motorcycles in the amount of $32,407 is available in account 6610-69401 (vehicle replacement fund) E. Authorize the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the purchase of one (1) Ford Maverick Truck and Five (5) Police Motorcycles in the amount of $164,393.40

10. Engineering Inspector Vehicle Purchase
Approve an increase to the capital acquisition budget allocation for the VRF2501 Engineering Inspector Vehicle in the amount of $3,230.47, for a total capital asset value of $45,230.47

11. AB1600 Annual Report
A. Accept the AB1600 Annual Report
B. Adopt Resolution 24-142 finding that there is a reasonable relationship between current needs for the fees and the purposes for which they were originally collected

12. [Pulled from Consent – To be voted on separately]
Lighting & Landscape Maintenance District No.5 Zone K Budget Allocation Presented by: Tim Bybee, Parks & Grounds Superintendent Action: Adopt a Resolution authorizing the Finance Director to make supplemental appropriation for Lighting and
Landscape No. 5, Zone K (Fund 271) to Account No.
6190-63684 (Spec O&M Landscape) in the amount of
$28,600. There are sufficient reserves available.

13. Water and Wastewater Operators' Thanksgiving Holiday Side Letter Adopt Resolution 24-144 approving the Public Employees' Union, Local 1/AFSCME 57 (Local 1) Water and Wastewater Operators’ Thanksgiving Holiday side letter that amends Local 1's Memorandum of Understanding

14. 442 B Street Environmental Assessment - EKI Contract Contingency Authorization
Adopt Joint Resolution 24-145 authorizing a contingency of $157,500 to the existing contract with EKI for the 442 B Street Environmental Assessment, with the finding that it is in the best interest of the City

15. Water Treatment Plant Streaming Current Monitor
A. Approve a capital acquisition of a Streaming Current Monitor for the Water Treatment Plant
B. Adopt Resolution 24-146 awarding the purchase of one (1) Streaming Current Monitor and associated equipment in the amount of $22,000 to Ryan Process of Benicia, CA, with the finding that it is in the best interest of the City C. Authorize the Finance Director to make a supplemental appropriation and related transfers in the amount of $22,000 from Account No. 7120-61210 (WTP Salaries - Regular) to Account No. 7120-69201 (WTP Equipment)

16. Zoning Code Amendment (ZC) 24-01; Updating the development standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) for consistency with State law
Adopt Ordinance 010-24 of the City Council of the City of Yuba City repealing, replacing, and renaming Section 8-5005 to Accessory Dwelling Units and Junior Accessory Dwelling Units, adopt a CEQA finding under Public Resources Code Section 21080.17, and waive the second reading

17. Presentation of Investment Report – Quarter Ended September 30, 2024 Note & File Quarterly Investment Report

18. Purchase ProQA EMS Interface software
Adopt Resolution 24-147:

A. Authorize the Police Chief to execute sole source Professional Services Agreements totaling $18,951.06 with Motorola Solutions and Software One for the purchase of the maintenance and programming package for the Medical Priority Dispatch System (MPDS), ProQA, with the finding that it is in the best interest of the City
B Authorize the Finance Director to make a supplemental budget appropriation in the amount of $18,951.06 from account 2250- 62701 to cover the cost of the interface software from Motorola Solutions and additional server licenses from Software One for the Medical Priority Dispatch system, ProQA

19. Personnel Classification Changes - Fiscal Year 24/25 A. Adopt Resolution 24-148:

1. Approving side letters with the Mid-Managers and First Level

Managers bargaining units to modify their represented
classifications to accommodate two (2) classifications approved by Council in the Fiscal Year 24/25 operating budget for the Public Works Department

2. Approving a side letter with the Yuba City Police Officers’ Association bargaining unit to modify their represented classifications to accommodate two (2) requested classifications for the Police Department

3. Authorizing the Finance Director to amend the salary schedule to establish new classifications and alter existing classifications to reflect the personnel changes approved by Council

4. Reclassifying the incumbent Development Liaison, Public Works Administrative Analyst II, and Police Department employees impacted by the approved reclassifications
B. Authorize the Finance Director to make supplemental appropriations and related transfers in the amount of $4,443 from Account No. 2140-61210 to Account No. 2120-61210 and in the amount of $6,678 from Account No. 2140-61210 to Account No. 2155-61210 (Police Department Salary & Benefits) to fund the two (2) reclassifications
The motion was passed unanimously
Business Items

12. [Pulled from Consent – Mayor Harris to recused himself] Lighting & Landscape Maintenance District No.5 Zone K Budget Allocation Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 24-143 authorizing the Finance Director to make supplemental appropriation for Lighting and Landscape No. 5, Zone K (Fund 271) to Account No. 6190-63684 (Spec O&M Landscape) in the amount of $28,600. There are sufficient reserves available.

The motion was passed with 4 votes (Harris recused)

20. Parks and Recreation Commission
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City to repeal Chapter 1 (Parks and Recreation Commission) of Title 9 of the Yuba City Municipal Code, and waive the first reading
The motion was passed unanimously

21. Plumas Tower Plaza Mini Park Re-Naming
Mayor Harris opened a Public Hearing
Natalie Syverson spoke

Sandee Drown spoke
Mayor Harris closed the Public Hearing
Item tabled. No action taken

22. Certifying Need for CalPERS 180-Day Wait Period Exception for Spencer Morrison to be appointed as Extra Help Finance Director Councilmember Boomgaarden moved and Vice-Mayor Shaw seconded the motion to:

Adopt Resolution 24-150:

A. Certifying the need for an exception to the CalPERS 180- day wait period for Spencer Morrison to be appointed as Extra Help-Finance Director B. Approving the employment agreement and appointing Spencer Morrison as provided in the Resolution following approval by CalPERS C. Authorize Finance Director to make a supplemental appropriation of $40,000 to account 1510-61310 (extra help) for FY 2024/25 D. Authorize Finance Director to make a supplemental appropriation of $40,000 to transfer funds from Enterprise Resource Planning (ERP) project 941313-Z69990 to 100- 699980
The motion was passed unanimously

23. Business License Ordinance Update
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit organizations, and waive the first reading The motion was passed unanimously

24. Harter Estates North - Reimbursement Agreement
Councilmember Pasquale moved and Councilmember Kirchner seconded the motion to:

Adopt Resolution 24-151 approving the execution of a Reimbursement Agreement with D.R. Horton CA2, Inc., a California corporation, for public improvements associated with the Harter Estates North Subdivision
The motion was passed unanimously

25. Traffic Calming Pilot Project - Sanborn Road at McCune Drive Tony Kurlan spoke
Councilmember Pasquale moved and Councilmember Kirchner seconded the motion to:

Adopt Resolution 24-152 approving the design of the temporary roundabout on

Sanborn Road and McCune Drive in Yuba City as shown in the exhibit, approving the installation of a temporary roundabout on Sanborn Road and McCune Avenue in Yuba City including improvements to accommodate pedestrian access The motion was passed unanimously with a caveat that the Fire Department will be consulted prior to installation

26. 2025 City Council Meeting Calendar
Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to:

Cancel the January 7, 2025 Regular City Council Meeting, approve the 2025 City Council Meeting Calendar, and provide for Special Workshops to be scheduled as needed
The motion was passed unanimously
Future Agenda Items

27. Future Agenda Items
No suggestions were made
Reports and Communications

28. City Manager's Report

29. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned Regular Meeting of the Successor Agency to the Redevelopment Agency and the City Council at 8:18 PM

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL MEETING

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 10, 2024
6:00 P.M. SPECIAL MEETING

COUNCIL CHAMBERS/VIRTUAL
Special Meeting
Call to Order
The Special Meeting of the City Council 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 Alan Hearl, Bayside Church
Posting of the Colors
Joint YCPD & YCFD Color Guard
Pledge of Allegiance to the Flag
Pastor Alan Hearl, Bayside Church
Agenda Modifications/Approval of Agenda
No changes were made
Public Communication

1. Appearance of Interested Citizens
No public comment
Presentations

2. Comments from Outgoing Mayor Shon Harris
Mayor Harris spoke

3. Presentations to Outgoing Mayor Harris
Vice-Mayor Shaw presented Mayor Harris with a proclamation, a ceremonial gavel, and a gift Laura Nicholson and Isabella Morgan presented a joint proclamation from Senator Niello & Assemblyman Gallagher

David Morgan presented a Congressional Certificate from Congressman LaMalfa

4. Proclamation for Outgoing City Clerk Jackie Sillman
Mayor Harris presented Jackie Sillman with a proclamation Laura Nicholson and Isabella Morgan presented a joint Certificate of Recognition from Senator Niello & Assemblyman Gallagher
David Morgan presented a Congressional Certificate from Congressman LaMalfa

5. Comments from Outgoing City Clerk Jackie Sillman
Jackie Sillman spoke
Election Results

6. Declaration of 2024 Election Results
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 24-153 declaring the results of the November 5, 2024 General Municipal Election
The motion was passed with a unanimous vote

7. Administer Oaths of Office
Toni Cole, Council-elect (District 5) was sworn in by her father, Rick Cole Wade Kirchner, City Council (District 4) was sworn in by his son, Jack Kirchner Ciara Wakefield, City Clerk was sworn in by Jackie Sillman Diona Pope, City Treasurer was sworn in by Spencer Morrison Ciara Wakefield spoke
Diona Pope spoke
Business from the City Council

8. Presentation to Toni Cole, Councilmember (District 5) Vice-Mayor Shaw presented Councilmember Cole with a City Council pin

9. Comments from new Councilmembers
Councilmember Cole spoke
Councilmember Kirchner spoke

10. Appointment of Mayor and Vice-Mayor
Shannon Chaffin, City Attorney, outlined the process for Mayor/Vice-Mayor appointments Dave Shaw, as the Councilmember for District 1, accepted the nomination as Mayor of the City of Yuba City

Councilmember Boomgaarden, as the Councilmember for District 2, accepted the nomination as Vice-Mayor of the City of Yuba City
Councilmember Boomgaarden moved to nominate and appoint Dave Shaw as the Mayor of the City of Yuba City, Councilmember Kirchner seconded the motion The motion was passed with a unanimous vote
Councilmember Pasquale moved to nominate and appoint Marc Boomgaarden as the ViceMayor of the City of Yuba City, Councilmember Kirchner seconded the motion The motion was passed with a unanimous vote

11. Comments from City Council
- Councilmember Pasquale
- Vice-Mayor Boomgaarden
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Special Meeting of the City Council at 7:46 PM _____________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, City Clerk

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Reyna Jimenez, Administrative Analyst I Summary
Subject: 2025 Minimum Wage Increase
Recommendation: Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2025
Fiscal Impact: Hourly rate increase of $0.50 per classification affected. The overall estimated impact in 2025 is $1,700 affecting two (2) job classifications and six (6) subclassifications.

Purpose:

To comply with California minimum wage requirements.

Council's Strategic Goal:

Complying with the California minimum wage requirement addresses the City Council's Strategic Goal of Fiscal Responsibility.

Background:

The California minimum wage increase is effective January 1, 2025, and will increase from $16.00 to $16.50 per hour. To be in compliance, an increase in salary to two classifications in the Part-Time, Extra Help, Limited Term, and At-Will Contract Employees is required. Specifically, the Police Officer Trainee classification and the Recreation Worker classification, including its subclassifications, will be affected. Finally, any future Limited Term employees will also have to be paid at least at the new minimum wage level, although currently no Limited Term classification is affected.

Additionally, on the November election ballot there was a ballot measure known as Proposition 32 to increase the State of California’s minimum wage. For employers with 26 or more employees, the minimum wage would increase to $17.00 per hour effective immediately and $18.00 per hour beginning January 1, 2025. The Proposition is pending the certification of the November election results, but based upon the unofficial November election results, the Proposition 32 measure did not pass. The official certification of the November election results will be certified on December 13, 2024.

If these results are certified, the California minimum wage would only increase to $16.50.

Analysis:

The minimum wage increase to $16.50 per hour will affect the Police Officer Trainee classification and the Recreation Worker classification, including some subclassifications. The following job classifications and subclassifications will be affected:

1. Police Trainee

2. Recreation Worker - subclassifications

1. Recreation Leader I

2. Recreation Leader II

3. Recreation Leader III

4. Recreation Specialist I

5. Lifeguard/Instructor I

6. Lifeguard/Instructor II
Fiscal Impact:

Hourly rate increase of $0.50 per classification affected. The overall estimated impact in 2025 is $1,700 affecting two (2) job classifications and six (6) subclassifications.

Alternatives:

If not adopted, the City will be in violation of California state law.

Recommendation:

Adopt a Resolution to adjust the City's salary schedule to comply with the new California wage requirements effective January 1, 2025.

Attachments:

1. Resolution

2. Salary Schedule Minimum Wage Increase effective 1-1-2025 Prepared By: Submitted By:

Reyna Jimenez
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE ADJUSTMENT OF THE SALARY SCHEDULE TO IMPLEMENT

THE NEW CALIFORNIA MINIMUM WAGE REQUIREMENT
WHEREAS, it is the City’s responsibility to provide fair wages; WHEREAS, the City complies with all mandatory Federal and State wage requirements; and
WHEREAS, the California minimum wage will increase on January 1, 2025 to $16.50 per hour;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

Approve the adjustment to the City’s salary schedule to implement the new California minimum wage requirement of $16.50 hourly effective January 1, 2025.

Additionally,
The Director of Finance is hereby authorized to modify the publicly available compensation schedule and to make the necessary budget adjustments to implement the provisions of this resolution.

The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 17 th
day of December 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Ian Sangster
Kronick, Special Counsel

ATTACHMENT 2

11/6/20248:40 AM
Bargaining
JCN CLASSIFICATION Group 1 2 3 4 50110* Intern Worker 18.68 19.61 20.59 21.62 22.704002 Park Maintenance Worker (Temp) 22.23 23.35 24.51 25.74 27.024000 Public Works Maintenance Worker (Temp) 22.23 23.35 24.51 25.74 27.024125 Water/Wastewater Operator-in-Training 22.23 23.35 24.51 25.74 27.022030* Reserve Police Officer (Level I) - see notes 1 & 2 20.83 _ _ _ _ Reserve Police Officer (Level Ia) - see notes 1,2&3 32.05 _ _ _ _ 2020* Reserve Police Officer (Level II) - see notes 1 & 2 16.67 _ _ _ _300 Police Officer Trainee 16.50 _ _ _ _0200* Recreation Worker 16.50 TO 50.00 (Sub Classifications) * Recreation Leader I 16.50 16.98 17.83 * Recreation Leader II 17.83 18.72 19.66 * Recreation Leader III 19.66 20.64 21.67 * Recreation Specialist I 16.50 TO 25.00 * Recreation Specialist II 25.00 TO 50.00 * Lifeguard/Instructor I 17.83 18.72 19.66 20.64 21.67 * Lifeguard/Instructor II 21.67 22.75 23.89 25.08 26.334116 Veterinary Assistant 20.60 21.62 22.70 23.84 25.033410** Fire Recruit 20.40 _ _ _ _3310 Fire Recruit - 40 hour work week 28.56 _ _ _ _

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 1, 2025
Part-Time, Extra Help, Limited Term, and At-Will Contract Employees

SALARY STEPS

5. 010125 Salary Schedule Minimum Wage Increase

11/6/20248:40 AM

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 1, 2025
Part-Time, Extra Help, Limited Term, and At-Will Contract Employees 1/ Reserves must serve a minimum of 16 hours per month reserve service.2/ City purchases safety equipment and uniforms (except for regular employees who receive a uniform allowance). Shirts, ties, hats, and badge only are purchased.3/ The Reserve Police Officer would only receive the higher pay after he/she has completed the Field Training Program, has already worked his/her mandatory sixteen hours per month, and is covering a shift or partial shift for a regular full-time Officer. * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).** Indicates classifications whose hourly rates are computed on the basis of an average 56 hour duty week.Effective date for minimum wage increases are based on the work date, not the pay date.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 PFLM - Police First Level Manager

5. 010125 Salary Schedule Minimum Wage Increase

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Business License Ordinance Update
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit organizations by title only and waive the second reading
Fiscal Impact: The City will experience a revenue reduction of $60 per non-profit application with an impact of less than $4,000 per year
Purpose:

To remove the non-profit business license application language from the Municipal Code.

Council's Strategic Goal:

This item supports the City Council priority of business friendly.

Background:

In 1993, the City of Yuba City adopted a business license tax Ordinance to help offset the impacts commerce has on local resources that go beyond that which is covered by other taxes and to raise awareness of businesses operating within city limits. The Ordinance includes language specific to nonprofit organizations which are revenue-generating enterprises operating within the city limits. While no license taxes are collected from non-profit enterprises, they are required to file an application with the intention of a better understanding of who is operating in Yuba City.

City staff have received complaints from the non-profit enterprise community about the City’s Ordinance, collection of applications, and the related $60 processing fee. Fees, unlike fines, are in place to cover costs for tasks that are benefiting individuals and are therefore not funded through taxes collected, e.g., staff time for processing license fees, permits, recreation classes, abatement responses, and other individualized services. Taxes pay for services that benefit many residents at one time, like police and fire services, parks maintenance, and City support divisions like human resources, custodians, and accounting staff.

On November 19, 2024, the City Council introduced the proposed ordinance after first conducting a

public hearing.

Analysis:

Staff has evaluated the value of requiring non-profit business license applications and determined that the administrative convenience for non-profit enterprises outweighs the City's desire to know about the business this segment is conducting.

Fiscal Impact:

The City will experience a revenue reduction of $60 per non-profit application with an impact of less than $4,000 per year.

Alternatives:

1. Do not remove the non-profit application language from the ordinance; or

2. Provide staff with different language to alter the Ordinance pertaining to nonprofit enterprise applications.

Recommendation:

Adopt an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit organizations by title only and waive the second reading.

Attachments:

1. Proposed Ordinance Update

2. Municipal Code Subsection (b)(2) of Section 3-4.24
Prepared By: Submitted By:

Diona Pope
Finance Director
Diana Langley
City Manager

ATTACHMENT 1

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO REPEAL MUNICIPAL CODE SUBSECTION (B)(2) SECTION 3-4.24 TO EXCLUDE

THE NON-PROFIT APPLICATION REQUIREMENT
WHEREAS, the City of Yuba City has a business license ordinance last updated on April 15, 2019, requiring all businesses based in Yuba City or engaged in commerce within city limits to apply for a business license annually and pay a tax calculated on gross revenues; and WHEREAS, non-profit organizations as covered under Revenue and Taxation Code Section 23701 are required to submit a business license application but are not required to pay a license tax; and
WHEREAS, City staff have received complaints from the non-profit enterprise community about the City’s Ordinance, collection of applications, and the related $60 processing fee; and WHEREAS, Staff have evaluated the value of requiring non-profit business license applications and determined that the administrative convenience for non-profit enterprises outweighs the City's desire to know about the business this segment is conducting; and WHEREAS, the City Council now desires to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 by adopting an ordinance to exclude the license application requirement for non-profit organizations; and
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

Section 1. The above recitals are incorporated by reference.

Section 2. Subsection (b)(2) of Section 3-4.24 of the Yuba City Municipal Code shall be removed in its entirety:
(2) Business license required; exceptions. Any person, institution or organization claiming exemption from the payment of a business license tax shall, nevertheless, apply to the Collector for a business license in the same manner, and at the same time as is required in this chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein.

SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper

of general circulation.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 19th day of November 2024, and adopted at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:
____________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST:
___________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBACITY
__________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Created: 2024-09-16 15:24:40 [EST]
(Supp. No. 9)

Sec. 3-4.24. Tax-exempt status.
(a) Disabled veterans. Every person who has been honorably discharged from military service of the United States and who is exempted from the payment of business license tax by statute of the State may distribute circulars, hawk, peddle, and vend any goods, wares or merchandise owned by him or her, except spirituous, malt, vinous or other intoxicating liquor, without payment of this license tax; subject however to the restrictions, limitations, regulations and conditions hereinafter set forth. (1) Every applicant must furnish a certificate of physical disability executed by a qualified physician or submit equivalent evidence of disability.
(2) A license, when issued, is subject to the following conditions:
(i) Said license shall not be defaced, mutilated, disfigured or otherwise altered subsequent to its issuance, and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter. (ii) It is nontransferable and for the exclusive use of the licensee named. (iii) Should a license be found in the possession of one other than the licensee named, it shall be surrendered to the Collector and revoked. Neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. (iv) The licensee named must identify himself or herself whenever required to do so by any City police officer, or any authorized agent of the Collector. (v) It shall be unlawful for any person other than the licensee named to use or have in his or her possession any license issued pursuant to the provisions of this section. (vi) It shall be unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section or for any person to transfer or convey the certificates mentioned in this section to any other person for the purpose of securing a license as herein provided. (b) Nonprofit organizations.
(1) Nonprofit organizations in general. The provisions of this chapter shall not be construed to require the payment of a license tax to conduct any business, occupation or activity or require the payment of any license tax from any institution or organization which currently has or is eligible for an exemption from the payment of federal income taxes under Section 501 of the Federal Internal Revenue Code as amended from time to time and/or exemption from the payment of State income taxes under Revenue and Taxation Code § 23701 et seq. as amended from time to time. An institution or organization claiming a license fee exemption under this section has the burden of furnishing to the Collector such information as the Collector may require to support the claim or eligibility for exemption.

Nothing in this section shall be construed to relieve an institution or organization which is eligible for or claims to be eligible for exemption from payment of a business license tax from the requirement to obtain a business license as provided in this Code.
(2) Business license required; exceptions. Any person, institution or organization claiming exemption from the payment of a business license tax shall, nevertheless, apply to the Collector for a business license in the same manner, and at the same time as is required in this chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein.
(c) Special events; community promotion. The provisions of this chapter shall not be construed to require the payment of a license tax to conduct any business, occupation or activity that in the opinion of the City shall provide community promotion activities such as but not limited to: festivals, farmer's markets.

Created: 2024-09-16 15:24:40 [EST]
(Supp. No. 9)

(d) Tax-exempt licenses; limitations.
(1) Every license issued without payment of the usual tax shall be stamped "Tax-Exempt" upon its face. (2) Any license issued as tax-exempt shall be subject to suspension and revocation by the Collector in the event that it is determined by the Collector that the applicant is not entitled to exemption. All such suspensions and revocations shall be made after notice and right to a hearing pursuant to this chapter. (3) Any license issued as tax-exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in the application, statement of facts or any other document or representation made to the Collector in claiming the exemption is false or fraudulent. (4) No tax-exempt license may be transferred or loaned. (5) Upon uncertainty, for lack of information or otherwise, as to the entitlement of any organization or activity to a tax-exempt license, the Collector may require the filing of a verified report of all funds received and disbursed by any licensee. Upon demand such licensee shall file said report in the form and detail as required by the Collector.
(§ 1, Ord. 01-93, eff. April 15, 1993)

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Michael Castaneda, Senior IT Analyst
Summary
Subject: Purchase and Installation of Video Surveillance & Door Access Control at the Yuba City Police Department, Sutter Animal Services Authority, and Corporation Yard
Recommendation: Adopt a Resolution awarding the purchase of Verkada surveillance and access control systems to Monarch Connected of San Francisco, CA, in the amount of $134,317.69 utilizing CMAS contract number 3-23-01-1017 with the finding that it is in the best interest of the City
Fiscal Impact: $134,317.69 funds available in account number 6630-69201 (Technology Replacement-ISF, Equipment)
Purpose:

To update both video surveillance and door access control systems to the Yuba City Police Department, Sutter Animal Services Authority (SASA), and Corporation Yard facilities to help protect and secure the assets and infrastructure of the City as well as the well-being and safety of City staff and the public.

Council's Strategic Goal:

This item addresses City Council's Strategic Goal of public safety and infrastructure by modernizing the City's video surveillance and access control. In the long term, this new video surveillance and access control system will be more cost effective than the existing systems while adding more functionality.

Background:

Ensuring the safety and well-being of staff, facilities and the public is a top priority for the City. It’s important for the City to create a safe environment for employees and the public and to have a system in place to secure, track and document access to city facilities. Access control systems were installed in the Police Department in 2019 and the Corporation Yard Facility in 2019. This equipment is now obsolete and finding replacement parts is becoming increasingly difficult. The video surveillance hardware at SASA was installed in 2019, this equipment is outdated and the City would benefit from newer technology at the facility. The City has seen an increase in vandalism/theft, being able to add both video surveillance and door access control systems to these facilities will aid to better secure, track and document access to city facilities.

Analysis:

Over the last couple of years, staff has identified the benefit in standardizing on a single door access and camera platform. Some of the benefits include the ease of management and training as well as being able to provide access to multiple locations within a single application. The City has standardized on the Verkada platform for both video surveillance and access control. Monarch Connected has proven to be a valuable partner in implementing these systems and have gone out of their way to make sure they are providing excellent service in the design, installation and support of these systems.

Monarch Connected has been awarded the contract under the California Multiple Award Schedule (CMAS) for the sale and installation of Verkada security and access control systems. Their CMAS contract number is 3-23-01-1017 and is valid through December 31, 2025.

Fiscal Impact:

Sufficient budget funds are currently available as requested as part of FY 2024/2025 adopted budget.

Costs will come out of account 6630-69201, Technology Replacement ISF, Equipment.

Alternatives:
1: Advise staff to submit the project for formal bids and bring back to council with bid results. 2: Do not purchase and discontinue Avigilon door access control at these locations and revert back to standard locks at an undetermined cost.

Recommendation:

Adopt a Resolution awarding the purchase of Verkada surveillance and access control systems to Monarch Connected of San Francisco, CA, in the amount of $134,317.69 utilizing CMAS contract number 3-23-01-1017 with the finding that it is in the best interest of the City.

Attachments:

1. Monarch Connected Resolution
Prepared By: Submitted By:

Michael Castaneda
Senior IT Analyst
Diana Langley
City Manager

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AWARDING THE PURCHASE TO MONARCH CONNECTED FOR THE PROCUREMENT OF

VERKADA VIDEO SURVEILLANCE & ACCESS CONTROL SYSTEMS IN THE AMOUNT OF $134,317.69 FOR THE PURCHASE OF VIDEO SURVEILLANCE, ACCESS CONTROL HARDWARE & SOFTWARE UTILIZING THE CMAS CONTRACT NUMBER 3-23-01-1017 FOR A TOTAL PROJECT COST OF $134,317.69
WHEREAS, the City of Yuba City desires to purchase and install Verkada surveillance & access control hardware for the Yuba City Police Department, Animal Control and Corporation Yard; and WHEREAS, the existing surveillance and access control systems are aging and lack the features the new systems will provide; and
WHEREAS, the City desires to piggyback off of California Multiple Award Schedule (CMAS) contract number is 3-23-01-1017 for the sale and installation of Verkada security and access control systems; and

WHEREAS, Monarch Connected has provided a proposal for the purchase and installation of Verkada surveillance and access control systems; and
WHEREAS, the city desires to award the purchase to Monarch Connected for the procurement of Verkada video surveillance & access control systems in the amount of $134,317.69 for the purchase of video surveillance, access control hardware & software utilizing the CMAS contract number 3-23-01-1017 for a total project cost of $134,317.69 with the finding that it is in the best interest of the City.

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

1. The City Council hereby awards, in the amount of $134,317.69, to Monarch Connected of San Francisco, CA for the purchase and installation of Verkada video surveillance and access control and finds that the award is in the best interest of the City. In addition, the City Council authorizes, in the amount of $134,317.69, the purchase of video surveillance and access control hardware utilizing the CMAS contract number 3-23-01-1017. The City Council further authorizes the City Manager, or designee, to enter into an agreement with Monarch Connected for the purchase and installation of Verkada surveillance and access control consistent with the terms of this Resolution and the material terms of the proposal attached hereto, and subject to approval of the agreement as to legal form by the City Attorney.

2. This Resolution shall become effective immediately.

The foregoing Resolution was duly introduced, passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:
_________________________
Dave Shaw, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, Special Counsel
Aleshire & Wynder, LLP
Exhibit(s):

A. Proposal from Monarch Connected

Monarch
1819 Polk St,# 320
San Francisco, CA 94109
This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/
Please confirm acceptance of this quote by signing below:

Signature: ___________________________________
Print Name: __________________________________
Grand Total $26,146.80
Shipping and $191.00
Handling
Tax $974.20
Total Discount -$6,008.4
Subtotal $30,990.00
1201 Civic Center Boulevard
Yuba City, CA 95993
United States
Ship To
Customer Name Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
United States
Bill To
Bill To Name Yuba City
Created Date 10/17/2024
Term (Months) 60
Quote Number 00005692
Email [email protected]
Prepared By Anthony D'Ambrosio
Product Code Product Quantity MSRP Amount Final
AD34-HW AD34 Multi-format Card Reader 4.00 $349.00 $1,396.00 $977.20 TD53-HW TD53 Video Intercom Reader 2.00 $1,799.00 $3,598.00 $2,518.60 ACC-INT-SURF Verkada Intercom Surface Mount 1.00 $199.00 $199.00 $139.30 ACC-INT-HOOD-1 Intercom Rain Hood 1.00 $49.00 $49.00 $34.30 ACC-INT-ANGLE-2 TD53 Angle Mount 1.00 $399.00 $399.00 $279.30 AC62-HW Verkada AC62 16 Door Controller 1.00 $5,299.00 $5,299.00 $3,709.30 ACC-BAT-18AH Verkada 18AH Backup Battery for AC62 1.00 $699.00 $699.00 $489.30 AD34-HW AD34 Multi-format Card Reader 4.00 $349.00 $1,396.00 $977.20 LIC-AC-5Y Verkada 5 Year Door License 5.00 $999.00 $4,995.00 $3,496.50 LIC-TD-5Y Verkada 5-Year Intercom License 2.00 $999.00 $1,998.00 $1,398.60 ProSer Professional Services 1.00 $10,962.00 $10,962.00 $10,962.00

Monarch
1819 Polk St,# 320
San Francisco, CA 94109
This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/
Date: _______________________________________

Suite 130-203
16321 Main St Suite 130
Chino, CA 91708
This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/
1201 Civic Center Boulevard
Yuba City, CA 95993
United States
Ship To
Customer Name CA-Municipality-Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
United States
Bill To
Bill To Name CA-Municipality-Yuba City
Created Date 10/28/2024
Term (Months) 60
Quote Number 00005693
Email [email protected]
Prepared By Anthony D'Ambrosio
Product Code Product Quantity MSRP Amount Final
CF83-1TBE-HW CF83-E Outdoor Fisheye Camera, 1TB, 60 Days Max 10.00 $2,599.00 $25,990.00 $18,193.00 AC62-HW Verkada AC62 16 Door Controller 1.00 $5,299.00 $5,299.00 $3,709.30 AC42-HW Verkada AC42 4 Door Controller 1.00 $1,799.00 $1,799.00 $1,259.30 AD34-HW AD34 Multi-format Card Reader 18.00 $349.00 $6,282.00 $4,397.40 CD62-60-HW Verkada CD62 Indoor Dome Camera, 4K, Zoom Lens, 60 Days of Storage 1.00 $2,399.00 $2,399.00 $1,679.30
CD62-60-HW Verkada CD62 Outdoor Dome Camera, 4K, Zoom Lens, 60 Days of Storage 5.00 $2,599.00 $12,995.00 $9,096.50
CD42-512-HW Verkada CD42 Indoor Dome Camera, 5MP, Fixed Lens, 512GB of Storage, Maximum 60 Days of Retention 1.00 $1,399.00 $1,399.00 $979.30 Verkada CB62-E Outdoor Bullet Camera, 4K, Zoom Lens, 1TB of Storage, Maximum 60 Days of Retention 2.00 $2,599.00 $5,198.00 $3,638.60 CD52-512E-HW CD52-60 Day Outdoor 5MP 1.00 $1,799.00 $1,799.00 $1,259.30 ACC-MNT-7 Verkada Angle Mount 1.00 $149.00 $149.00 $104.30 ACC-MNT-SJBOX-1 Square Junction Mount Box 1.00 $89.00 $89.00 $62.30 ACC-MNT-3 Verkada L-Bracket Mount 1.00 $129.00 $129.00 $90.30 ACC-BAT-18AH Verkada 18AH Backup Battery for AC62 1.00 $699.00 $699.00 $489.30 CF83-1TBE-HW CF83-E Outdoor Fisheye Camera, 1TB, 60 Days Max 2.00 $2,599.00 $5,198.00 $3,638.60 ACC-MNT-7 Verkada Angle Mount 2.00 $149.00 $298.00 $208.60 AC42-HW Verkada AC42 4 Door Controller 1.00 $1,799.00 $1,799.00 $1,259.30 AD34-HW AD34 Multi-format Card Reader 2.00 $349.00 $698.00 $488.60 ACC-BAT-4AH Verkada 4AH Backup Battery for AC41 1.00 $129.00 $129.00 $90.30 LIC-AC-5Y Verkada 5 Year Door License 20.00 $999.00 $19,980.00 $13,986.00 LIC-5Y Verkada 5 Year Camera License 22.00 $899.00 $19,778.00 $13,844.60

Suite 130-203
16321 Main St Suite 130
Chino, CA 91708
This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/
Please confirm acceptance of this quote by signing below:

Signature: ___________________________________
Print Name: __________________________________
Date: _______________________________________
Grand Total $108,170.89
Shipping and $841.00
Handling
Tax $3,671.69
Total Discount -$33,631.8
Subtotal $137,290.00
ProSer Professional Services 1.00 $25,184.00 $25,184.00 $25,184.00

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Annual Investment Policy Adoption
Recommendation: Approve Investment Policy as presented
Fiscal Impact: None
Purpose:

To review the City’s Investment Policy to ensure that it continues to meet statutory requirements and reflects treasury best practices.

Council's Strategic Goal:

This item addresses the City Council Strategic Goal of fiscal responsibility.

Background:

In accordance with the City’s Investment Policy (“Policy”) and Government Code Section 53646 (a) (1), the Policy is submitted annually to the City Council for review and approval. Each year, the City Treasurer and the City’s investment advisors review the policy for updates to present to City Council.

Analysis:

Upon completion of this year’s review, the City Treasurer is recommending minor language changes to the policy as it pertains to suitable and allowable investments. Both of the City’s investment advisors, PFMAM and Insight Investments, have reviewed the document. The final policy draft will be posted to the City’s website.

Staff is suggesting these edits:
• US Treasury Notes - add, "There is no limit to that amount of the City's portfolio that may be invested in United States Treasuries" to be consistent with current government code • Bankers' Acceptances - add, "...and no more than 30% of the City's money may be invested with any one commercial bank" to clarify compliance with current government code • Commercial Paper and Medium-term Notes - add to both categories, "The City may invest no more than 10% of its total investment assets in the commercial paper and medium-term notes

of any single user" to be consistent with current government code • Asset Backed Securities- update to comply with SB 882, Code Section 53601(o) effective on January 1, 2024, "For securities eligible for investment under this subdivision not issued or guaranteed by the United States, a federal agency, or U.S. government-sponsored enterprise, the following limitations apply:
o The security shall be rated in rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. o Purchases of securities authorized by this paragraph shall not exceed 20% of the City’s total investment portfolio.

These changes will not significantly impact the City’s pooled treasury portfolio as market conditions have pushed trade decisions to adequate diversification across all investment types.

Fiscal Impact:

None
Alternatives:

1. Reject some or all recommended changes; or

2. Provide staff with changes needed to satisfy the City Council Recommendation:

Approve the Investment Policy as presented.

Attachments:

1. Investment Policy 2024 Final - Redlined
Prepared By: Submitted By:

Diona Pope
City Treasurer
Diana Langley
City Manager

ATTACHMENT 1

City of Yuba
City
Investment
Policy
January 1, 2025

TABLE OF CONTENTS
Page
I. PURPOSE………………..…………………………………………………………………. 1
II. SCOPE……………………………………………………………………………………… 1
III. OBJECTIVES…………………………..…………………………………………….…… 1
IV. STANDARD OF CARE……………………………..……..……………………………… 1
Prudence
V. INVESTMENT AUTHORITY AND RESPONSIBILITIES……………………….………. 2 Delegation of Authority
Internal Controls
Investment Procedures
Ethics and Conflicts of Interest
VI. PROVIDERS OF FINANCIAL SERVICES……………………………….……………. 3 Authorized Brokers/Dealers
Contracted Investment Advisor Services
Safekeeping and Custody
VII. SUITABLE AND AUTHORIZED INVESTMENTS………………………..………….. 4 Investment Types
Due Diligence Requirement
Legislative Changes
VIII. INVESTMENT PARAMETERS………………………….………….…………………… 8
Diversification
Maximum Maturities
Sale of Investments Prior to Maturity
IX. EVALUATION OF INVESTMENT PERFORMANCE……….………………………… 9 X. REPORTING.……………………………………..………………………….…………....... 9
XI. POLICY REVIEW AND ADOPTION……….……………..………………….………….. 9 GLOSSARY.………………………………………..………………………………………………… 10

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I. PURPOSE
It is the policy of the City of Yuba City to invest public funds in a prudent manner which will provide maximum security while meeting daily cash flow demands and conforming to all statutes governing the investment of public funds. Within these parameters, funds will be invested to optimize investment return.

II. SCOPE
This Investment Policy (“the Policy”) shall apply to all financial assets, other than proceeds of debt issues, of the City of Yuba City and the Successor Agency to the Redevelopment Agency of Yuba City (collectively “the City”). These funds are accounted for in the City’s comprehensive annual financial report and include:
• General Fund
• Special Revenue Funds
• Capital Project Funds
• Enterprise Funds
• Internal Service Funds
• Trust and Agency Funds
• Any new fund created by the governing body, unless specifically exempted by the governing body
This Policy applies to all transactions involving the financial assets and related activity of all the foregoing funds, with the exception of the proceeds of debt issuance. Investment of bond proceeds will be governed by the permitted investment section of bond documents.

III. OBJECTIVES
The City’s funds shall be invested in accordance with all applicable City policies, ordinances, and codes, State statutes, and Federal regulations, and in the manner designed to accomplish the following primary objectives, in priority order:
• Preservation of capital and protection of investment principal • Maintenance of sufficient liquidity to meet anticipated cash flows • Diversification to avoid incurring unreasonable market risks • Attainment of a market rate of return
• Conformance with all applicable City ordinances, State statutes and Federal regulations IV. STANDARD OF CARE
Prudence. The standard of prudence to be used by investment officials shall be the “prudent investor standard” which states:
“When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the

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conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
Investment officers acting in accordance with written procedures and this Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this Policy.

V. INVESTMENT AUTHORITY AND RESPONSIBILITIES
Delegation of Authority. Authority to manage the investment program is granted to the City Treasurer and derived from the California Government Code Section 53607 and the City of Yuba City Municipal Code Section 3-7.201. The City Treasurer serves as the Chief Investment Officer for the City and the Successor Agency to the Redevelopment Agency of Yuba City, and is authorized to invest or deposit the City’s funds in accordance with this Policy, California Government Code Sections 53600 and 53630 et seq., and all other related federal and State laws.

The City Finance Director is responsible for the day-to-day administration and implementation of the Investment Policy.

Internal Controls. An internal control structure shall be established and maintained to ensure that the financial assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met.

The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management.

Internal controls shall be subject to an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
• Control of collusion
• Separation of transaction authority from accounting and record keeping • Custodial safekeeping
• Avoidance of physical delivery securities
• Clear delegation of authority to subordinate staff members • Written confirmation of transactions for investments and wire transfers • Development of a wire transfer agreement with the lead bank and third-party custodian Investment Procedures. Written investment procedures for the operation of the investment program shall be established that are consistent with this Policy. The procedures should include reference to:
• Safekeeping
• Master repurchase agreements
• Wire transfer agreements
• Banking service contracts

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• Collateral/depository agreements
Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Policy and the established procedures set forth.

Ethics and Conflicts of Interest. City employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees shall disclose to the City Manager any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio, and they shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City.

VI. PROVIDERS OF FINANCIAL SERVICES
Authorized Broker/Dealers. A list of broker/dealers from which the City purchases investments directly shall be maintained. It shall be the policy of the City to purchase securities only from those authorized firms. To be eligible, a firm must have minimum capital of $10,000,000 and at least five years of operation. These may include “primary” dealers, financial firms that have a primary dealer within their holding company structure, or regional dealers. All must qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).

All approved broker/dealers must supply the following annually:
(1) Audited financial statements
(2) Proof of Financial Industry Regulatory Authority (FINRA) registration (3) Proof of State registration
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria for commercial paper in the Suitable and Authorized Investments section of this Policy.

An annual review of the minimum capital requirement and registration of qualified financial institutions and broker/dealers will be conducted.

From time to time, the City Treasurer may choose to invest in instruments offered by minority and community financial institutions. In such situations, a waiver to the criteria above may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with State or local law.

These types of investment purchases should be approved by the City Council in advance.

Contracted Investment Advisor Services. The City Treasurer may engage the services of registered external investment advisors in regard to the City’s investment program. The City Treasurer may, by written agreement with investment advisors, delegate the day-to-day placement of investments. Investment advisors shall make all investment decisions and transactions in strict accordance with State law and this Investment Policy.

If the City has granted to an outside investment advisor authority to buy or sell securities, the

Reviewed November 2024 4
investment advisor may place orders for the execution of such transactions with the broker/dealers of its choice.

Safekeeping and Custody. One or more banks shall be selected to provide safekeeping and custodial services for the City. A Safekeeping Agreement approved by the City shall be executed with each custodian bank prior to utilizing the bank’s safekeeping services. Custodian banks will be selected on the basis of their ability to provide services for the City’s account and the competitive pricing of their safekeeping-related services.

The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. All securities, except non-negotiable Certificates of Deposit, Money Market Funds, LAIF and CAMP will be delivered by book entry to be held by the City’s custodian bank or its Depository Trust Company (DTC) participant account.

VII. SUITABLE AND AUTHORIZED INVESTMENTS
All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686. Percentage limits and credit criteria, where listed, are applied at the time of purchase. Credit ratings, where shown, specify the minimum credit rating category required at purchase without regard to +/- or 1, 2, 3 modifiers, if any. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the City Treasurer will review the security with the course of action to be determined on a case-by-case basis, considering such factors as the reason for the credit rating change, prognosis for recovery or further rate drops, and the market price of the security. The City has further restricted authorized investments to the following:

Government Obligations.

United States Treasury bills, notes, bonds, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest, with a final maturity not exceeding five years from the date of trade settlement. There is no limit to that amount of the City’s portfolio that may be invested in United States Treasuries.

Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government sponsored enterprises securities, with a final maturity not exceeding five years from the date of trade settlement. There is no limit to that amount of the City’s portfolio that may be invested in Federal Agency or GSE securities.

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State and Local Agency Obligations.

1. California Obligations.
a. State Obligations. Registered State warrants or treasury notes or bonds of this State, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the State or by a department, board, agency, or authority of the State. Such obligations must have a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of “A-1”, or the equivalent or higher short-term; or “A”, or the equivalent or higher long-term by a Nationally Recognized Statistical Rating Organization (NRSRO) at the time of trade settlement.
b. Local Agency Obligations. (1) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this State, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency with a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of “A-1”, or the equivalent or higher short-term; or “A” or the equivalent or higher long-term by a NRSRO at the time of trade settlement; and (2) Obligations of the City of Yuba City and the Successor Agency to the Redevelopment Agency of the City of Yuba City, including RDA tax allocation bonds.

2. Other 49 state Obligations. Registered treasury notes or bonds of any of the other 49 states, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. Such obligations must have a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of “A1”, or the equivalent or higher short-term; or “A”, or the equivalent or higher long-term by a NRSRO at the time of trade settlement.

Supranationals. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated in a rating category of “AA” or the equivalent or higher by a NRSRO at the time of purchase. The aggregate investment in supranationals shall not exceed 30% of the City’s total portfolio.

Special Assessment District Obligations. Limited Obligation Improvement Bonds issued by the City of Yuba City related to special assessment districts. Investment in such obligations requires the approval of the City Council and maturities may extend to 30 years from the date of trade settlement.

Bankers’ Acceptances. Eligible Banker’s Acceptances with a maturity not exceeding 180 days from the date of trade settlement, rated in a rating category of “A-1” or the equivalent or higher by a NRSRO, drawn on or accepted by a commercial bank with combined capital and surplus of at least $250 million, whose deposits are insured by the FDIC, and whose senior long-term debt is rated in a rating category of “A” or the equivalent or higher by a NRSRO at the time of trade settlement. The aggregate investment in banker’s acceptances shall not exceed 40% of the

Reviewed November 2024 6
City’s total portfolio and no more than 30% of the City’s money may be invested with any one commercial bank.

Commercial Paper. Prime Commercial Paper with a maturity not exceeding 270 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either sub-paragraph A. or sub-paragraph B. below:

A. The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of five hundred million dollars ($500,000,000) and (3) have debt other than commercial paper, if any, that is rated in a rating category of “A” or higher by a NRSRO.

B. The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program-wide credit enhancements, including, but not limited to, overcollateralization, letters of credit or a surety bond and (3) have commercial paper that is rated in a rating category of “A-1” or higher, or the equivalent, by a NRSRO.

The aggregate investment in commercial paper shall not exceed 40% of the City’s total portfolio.

The City may invest no more than 10% of its total investment assets in the commercial paper and the medium-term notes of any single issuer.

Negotiable Certificates of Deposit. Negotiable Certificates of Deposit with a maturity not exceeding five years from the date of trade settlement, issued by a nationally or Statechartered bank, a savings association or a federal association, a State or federal credit union, or by a federally licensed or State licensed branch of a foreign bank. Purchases are limited to institutions which have long-term debt rating in a rating category of “A” or the equivalent or higher by a NRSRO. The aggregate investment in Negotiable Certificates of Deposit shall not exceed 30% of the City’s total portfolio.

Bank Deposits. Deposits in FDIC insured financial institutions located in California including, but not limited to, demand deposit accounts, savings accounts, market rate accounts, negotiable order of withdrawal accounts, and non-negotiable certificates of deposits are required to be collateralized as specified under Government Code. Collateral may be waived for any portion that is covered by federal deposit insurance. The amount on deposit shall not exceed the shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. In addition, the financial institution must have received a minimum overall satisfactory rating for meeting the needs of California Communities in its most recent evaluation under the Community Reinvestment Act. For non-negotiable certificates of deposit, the maximum maturity is five years from the date of trade settlement and the maximum allocation is 30% of the City’s total portfolio.

Placement Service Certificates of Deposit. The City may invest in Placement Service Certificates of Deposit with a “Selected Depository Institution” in accordance with California Government Code Section 53601.8. The aggregate investment in Placement Service Certificates of Deposit shall not exceed 30% of the City’s total portfolio.

Repurchase Agreements. Repurchase Agreements with a final termination date not exceeding 30 days and collateralized by U.S. Treasury obligations, Federal Agency securities, or Federal

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Instrumentality securities listed above with the maturity of the collateral not exceeding five years. For the purpose of this section, the term collateral shall mean purchased securities under the terms of the City’s Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% of the dollar value of the funds borrowed. The market value of the collateral securities shall be marked-to-the-market daily. All collateral securing Repurchase Agreement must be delivered to the City’s custodian bank, or be handled under a tri-party repurchase agreement. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement.

Repurchase Agreements shall be entered into only with broker/dealers who are recognized as Primary Dealers with the Federal Reserve Bank of New York, or with financial firms that have a primary dealer within their holding company structure. A copy of the City's Master Repurchase Agreement shall be maintained along with a list of the broker/dealers who have executed the same.

Medium-Term Notes. Medium-Term Notes (“Corporate Notes”) issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the trade settlement, and rated in a rating category of “A” or the equivalent or higher by a NRSRO at the time of purchase. The aggregate investment in medium term notes shall not exceed 30% of the City’s total portfolio. The City may invest no more than 10% of its total investment assets in the commercial paper and the medium-term notes of any single issuer.

Asset Backed Securities. A mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum remaining maturity of five years. For securities eligible for investment under this subdivision not issued or guaranteed by the United States, a federal agency, or U.S. government-sponsored enterprise, the following limitations apply:
a) The security shall be rated in rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. b) Purchases of securities authorized by this paragraph shall not exceed 20% of the City’s total investment portfolio.

Money Market Funds. Money Market Funds registered under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant daily net asset value per share of $1.00; (3) invest only in the securities and obligations authorized in this Policy and (4) have a rating of “AAAm” or the equivalent by at least two NRSROs. The aggregate investment in money market funds shall not exceed 20% of the City’s total portfolio and no more than 10% may be invested in any one Money Market Fund.

Local Government Investment Pools. State of California’s Local Agency Investment Fund (LAIF) and shares of beneficial interest issued by a joint powers authority such as the California Asset Management Program (CAMP), as authorized respectively in Government Code Sections 16429.1 and 53601 (p), up to the maximum allowed by the pools.

Reviewed November 2024 8
Due Diligence Requirement. A thorough investigation of an investment pool is required prior to investing and on a continual basis. At a minimum, the following information shall be required for each pool:
• A description of eligible investment securities, and a written statement of investment policy and objectives
• A description of interest calculations, how interest is distributed, and how gains and losses are treated
• A description of how these securities are safeguarded (including the settlement process), and how often these securities are priced and the program audited • A description of who may invest in the program, how often, and the size of deposits and withdrawals
• A schedule for receiving statements and portfolio listings • Whether reserves, retained earnings, etc. are utilized by the pool/fund • A fee schedule, and when and how fees are assessed
• Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds Legislative Changes. Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into this Policy and supersede any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment until the maturity date to avoid an unnecessary loss.

VIII. INVESTMENT PARAMETERS
Diversification. The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should be flexible depending upon the outlook for the economy, the securities markets, and the City’s anticipated cash flow needs.

Notwithstanding anything herein to the contrary, no more than 5% of the City’s total portfolio may be deposited with or invested in securities issued by one corporate, financial, or municipal issuer with the exception of the U.S. Treasury, federal agency institutions, government sponsored enterprises, and investment pools.

Maximum Maturities. To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements and known future liabilities. The City will invest in securities maturing within five years from the date of trade settlement. A security purchased in accordance with this Policy shall not have a forward settlement date exceeding 45 days from the time of investment. Notwithstanding the five- year maturity limitation, the City Council grants its express authority per Government Code Section 53601, to invest in Special Assessment District obligations and obligations of the City of Yuba City and the Successor Agency to the Redevelopment Agency of the City of Yuba City with maturities extending beyond five years.

Sale of Investments Prior to Maturity. The City recognizes that investments occasionally may be sold prior to maturity and measured losses may be desirable in a diversified portfolio as long as such sales are consistent with the overall objectives of the City and the guidelines established by this Policy. Such sales shall be considered within the context of the overall

Reviewed November 2024 9
portfolio’s return, provided that the sale of a security is in the best long term interest of the City.

IX. EVALUATION OF INVESTMENT PERFORMANCE
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. An appropriate performance benchmark shall be established against which portfolio performance shall be compared on a regular basis. The selected performance shall be representative of the City’s overall investment objectives and liquidity requirements.

X. REPORTING
The City Treasurer shall prepare and present a quarterly investment report to the City Council within 45 days of quarter-end. This report will include the following elements relative to the investments held at quarter-end:
• Type of Investment
• Issuer of Investment
• Maturity date
• Coupon rate
• Yield to maturity
• Face value
• Market value
• A list of monthly transactions
• A description of investments that are under the management of contracted parties • A statement of compliance of the City’s portfolio with this Policy • A statement of the City’s ability to meet expenditure requirements for the following six months, or an explanation of why sufficient funds may not be available • Other information regarding the City’s portfolio as appropriate XI. POLICY REVIEW AND ADOPTION
This Investment Policy shall be submitted annually to the City Council for adoption. The Policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council.

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GLOSSARY OF SELECTED TERMS*
Benchmark
A passive index used to compare the performance, relative to risk and return, of an investor’s portfolio.

Cash Flow
A comparison of cash receipts (revenues) to required payments (debt service, operating expenses, etc.).

CDARS
The Certificate of Deposit Account Registry Service: a convenient way for safety-conscious investors to earn interest and access FDIC insurance on certificates of deposit larger than the $250,000 FDIC limit.

Credit Rating
Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness.

Standard & Poor’s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services use pluses (+), minuses (-), or numerical modifiers to indicate steps within each category. The top four letter categories are considered investment grade ratings.

Credit Risk
The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market’s perception of a corporation’s credit will cause the market value of a security to fall, even if default is not expected.

Duration
A measure of the timing of cash flows to be received from a security that provides the foundation for a measure of the interest rate sensitivity of a bond. Duration is an elasticity measure and represents the percentage change in price divided by the percentage change in interest rates. A high duration measure indicates that for a given level of movement in interest rates, prices of securities will vary considerably.

FDIC
The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system by insuring deposits, examining and supervising financial institutions for safety and soundness and consumer protection, and managing receiverships.

Fiduciary
An individual who holds something in trust for another and bears liability for its safekeeping.

Liquidity
The ease with which an investment may be converted to cash, either by selling it in the secondary market or by demanding its repurchase pursuant to a put or other prearranged agreement with the issuer or another party.

Liquidity Risk
The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.

Market Risk
The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall,

Reviewed November 2024 11
prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly.

Maturity
The stated date on which all or a stated portion of the principal amount of a security becomes due and payable.

Net Present Value
An amount that equates future cash flows with their value in present terms.

Par Amount or Par Value
The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the “face amount” of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.

Pooled Investment
A market institution authorized under various sections of state law that represents the combined deposits of more than one local agency and pays returns based upon each local agency’s share of investment in the pool.

Portfolio
The combined holdings of all investment assets held by an investor.

Principal Amount
The face amount or par amount of a bond or issue of bonds payable on stated dates of maturity.

Put
The ability of a holder of an investment security to sell at a specified time and for a specified price the security back to the issuer or prior holder.

Return
The principal plus interest on an investment or portfolio of investments. In certain unfavorable market environments or due to risk factors, income derived from principal and interest may be less than the original amount invested.

Risk
The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.

Yield
For the purposes of this publication, return and yield are synonymous. *Excerpted from Understanding Public Investment Reporting - A Handbook For Local Elected Officials, California Debt and Investment Advisory Commission, 2003.

Reviewed November 2024 12
GLOSSARY OF INVESTMENT INSTRUMENTS*
Asset-Backed Securities
Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset-backed securities are structured as trusts in order to perfect a security interest in the underlying assets.

Bank Note
A senior, unsecured, direct obligation of a bank or U.S. branch of a foreign bank.

Banker’s Acceptance
Normally, a short-term bill of exchange that is accepted as payment by banks engaged in financing trade of physical assets or merchandise.

Bond
A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal.

Callable Security
An investment security that contains an option allowing the issuer to retire the security prior to its final maturity date.

Certificate of Deposit
A short-term, secured deposit in a financial institution that usually returns principal and interest to the lender at the end of the loan period. Certificates of Deposit (CDs) differ in terms of collateralization and marketability. Those appropriate to public agency investing include:

Negotiable Certificates of Deposit
Generally, short term debt instruments that usually pay interest and are issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. The majority of negotiable CDs mature within six months while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

Non-Negotiable Certificates of Deposit
CDs that carry a penalty if redeemed prior to maturity. A secondary market does exist for these nonnegotiable CDs, but include a transaction cost that reduces returns to the investor. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest. Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer.

Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.

Commercial Paper
A short-term, unsecured promissory note issued by a large corporation.

Corporate Notes and Bonds
Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than ten years.

Federal Agency and Instrumentality Obligations
Obligations issued by a government-sponsored entity or a federally regulated institution.

Reviewed November 2024 13
Mortgage Pass-Through Obligations
Securities that are created when residential mortgages (or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.

Municipal Notes, Bonds, and Other Obligations
Obligations issued by state and local governments to finance capital and operating expenses.

Notes
Debt obligations of a firm or public entity, usually maturing in less than ten years.

Repurchase Agreements
From the perspective of a local agency, the short term, often overnight, purchase of securities with an agreement to resell the securities at an agreed upon price.

Reverse Repurchase Agreements
Differs from a repurchase agreement in the sense that a reverse repurchase agreement is an agreement to sell securities in return for cash with an agreement to repurchase the securities at an agreed upon price.

State and Local Investment Pools
The combined deposits of state and local agencies organized and operated by a state treasurer or a local official. These pools operate much like a mutual fund, with local agencies investing money together in order to increase efficiency and reduce costs.

State Notes, Bonds, and Warrants
Obligations of the State of California or another state government with different maturity lengths.

Supranationals
International financial institutions that are generally established by agreements among nations, with member nations contributing capital and participating in management. Supranational bonds finance economic and infrastructure development and support environmental protection, poverty reduction, and renewable energy around the globe.

Zero-Interest Bond
A bond on which interest is not payable until maturity (or earlier redemption), but compounds periodically to accumulate to a stated maturity amount. Zero-interest bonds are typically issued at a discount and repaid at par upon maturity.
*Excerpted from Understanding Public Investment Reporting - A Handbook For Local Elected Officials, California Debt and Investment Advisory Commission, 2003.

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Spiva Avenue Waterline Replacement Project - Award Construction Contract Recommendation: Adopt a Resolution with the following actions:

A. Awards a construction contract to Platinum General Engineering LLC (d.b.a.

Platinum Dirt Worx), of Modesto, CA in the amount of their total bid $199,400.00 and 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, and approves CEQA Class 1 and Class 2 exemptions B. Authorizes the Finance Director to make supplemental appropriation of $279,170.00 to account 951093-65501 with an offsetting revenue budget adjustment to 517-43480 for the receipt of grant funds
Fiscal Impact: $279,170.00 – Total Project Cost
$199,400.00- Contract Award Amount
$49,860 - Construction Contingency (20%)
$29,915 – Construction Management & Inspection (15%)
Purpose:

To facilitate the construction of the Spiva Avenue Waterline Replacement Project to provide reliable water service to Yuba City residents.

Council's Strategic Goal:

This project addresses City Council’s Strategic Goals of improving the City’s infrastructure and operating our City government in a fiscally responsible manner.

Background:

The existing water distribution system in Yuba City is aging. In some cases, pipelines are beyond their service life, at or near failure, undersized, and/or located in backyard easements (backlot). In an ongoing effort to replace failing and undersized water distribution pipelines (watermains), a list of priority locations has been developed. This list combines pipeline segments highlighted in the 2020 Water Master Plan and pipeline segments actively monitored by the City’s maintenance crews.

Public Works maintenance crews respond to multiple water leaks throughout the City and make repairs by

installing repair clamps. A repair clamp consists of a metal band that wraps around the pipe and, when tightened, creates a seal around the leak. The 100-year old watermain on Spiva Avenue, between Clark Avenue and Cooper Avenue, has had numerous repair clamps installed and requires full replacement. This project proposes to replace approximately 485 linear feet of 4-inch Cast Iron Pipe with a larger 6-inch Ductile Iron Pipe and reestablish all of the active water services on Spiva Avenue.

On March 4, 2024, this project was awarded funding in the amount of $375,000 through the Northern Sacramento Valley Integrated Regional Water Management Proposition 1 Round 2 grant program. On April 16, 2024, City Council authorized the City Manager to enter into an agreement with Sutter County, who is managing the Round 2 grant program, and authorized the Finance Director to receive the grant funds.

Analysis:

The Spiva Avenue Waterline Replacement Project was advertised for bids beginning October 24, 2024. Plans and specifications were posted on publicpurchase.com and provided to local/builder contract exchanges. On November 14, 2024, eighteen (18) bids were received and opened by the City Clerk. A list of the three lowest bids received, and the Engineer’s Estimate are shown below:

Company Total Bid
Platinum General Engineering LLC $199,400.00
C.E. Cox Engineering, Inc. $231,352.00
LaFleur Engineering, Inc. $242,968.00
Engineer’s Estimate $300,000.00
Platinum General Engineering LLC (d.b.a. Platinum Dirt Worx) is the low responsive, responsible bidder.

Contract administration, including construction management and inspection, will be performed by the Public Works Department. Project construction is expected to begin in early Spring 2025, weather permitting, and continue through early Summer 2025.

Fiscal Impact:

The estimated total project cost is approximately $279,170.00, which consists of the following components:

Construction Contract: $199,400.00
Construction Contingency (20%): $ 49,860.00
CM & Inspection (15%): $ 29,910.00
Total Cost: $279,170.00
The Project will be 100% funded through Round 2 of the Proposition 1 Integrated Regional Water Management (IRWM) grant funding program using CIP Account No. 951093 (Replacement and Major Waterline Maintenance). There is approximately $375,000 in grant funding available.

Environmental:

Staff has determined that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 and Class 2 Categorical Exemption set forth in Section 15302, as the replacement of existing water pipeline is defined as a repair, maintenance, or minor alteration of the existing utility system involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

Recommendation:

Adopt a Resolution with the following actions:

A. Awards a construction contract to Platinum General Engineering LLC (d.b.a. Platinum Dirt Worx), of Modesto, CA in the amount of their total bid $199,400.00 and 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, and approves CEQA Class 1 and Class 2 exemptions B. Authorizes the Finance Director to make supplemental appropriation of $279,170.00 to account 951093-65501 with an offsetting revenue budget adjustment to 517-43480 for the receipt of grant funds.

Alternatives:

A. Reject the bids and delay/cancel the project.

B. Continue to spot repair the waterline using City personnel and facilities.

Attachments:

1. Resolution - Spiva Ave Waterline Replacement Project (24-03) Award Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AWARDING A CONSTRUCTION CONTRACT TO PLATINUM GENERAL
ENGINEERING (D.B.A. PLATINUM GENERAL ENGINEERING, LLC (D.B.A

PLATINUM DIRT WORX), LLC) IN THE AMOUNT OF THEIR TOTAL BID OF $199,400.00
(SPIVA AVENUE WATERLINE REPLACEMENT PROJECT
CONTRACT NO. 24-03)
WHEREAS, the City of Yuba City (City) advertised for bids for construction of the Spiva Avenue Waterline Replacement Project (24-03) (Project).

WHERAS, in response to the advertisement, the City received eighteen (18) bids for the Project in the following bid amounts:

Platinum General Engineering LLC $199,400.00
CE Cox Engineering, Inc $231,352.00
La Fleur Engineering $242,968.00
Walberg, Inc $246,836.00
Newland Entities $251,098.00
ARB, Inc $267,000.00
West Valley Construction $267,092.40
TAK Broadband CA, LLC $278,007.07
Western Engineering $278,724.00
BRCO Constructors, Inc $289,750.00
RCI General Engineering $299,940.00
MJ Shelton General Engineering $315,412.00
Castillon Company $325,690.00
NorthStar Construction $328,380.00
R&R Pacific Construction $349,349.00
Lund Construction Company $349,358.00
Giles Excavating & Paving $361,379.38
Zara Construction $499,860.00
WHEREAS, the City Public Works Department reviewed the eighteen (18) bids, and examined the apparent low bidder, Platinum General Engineering, LLC (d.b.a Platinum Dirt Worx), LLC, and its bid response, and found it to be both the lowest qualified responsive and responsible bidder; and WHEREAS, the City desires to award the bid to Platinum General Engineering, LLC (d.b.a Platinum Dirt Worx), LLC of Modesto, CA and enter into an agreement with Platinum General Engineering, LLC (d.b.a Platinum Dirt Worx), LLC to construct the Spiva Avenue Waterline Replacement Project
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:

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

2. The City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 and Class 2 Categorical Exemption set forth in Section 15302, as the replacement of existing water pipeline is defined as a repair, maintenance, or minor alteration of existing utility system involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

3. The City Council of the City of Yuba City does hereby accept the eighteen (18) bids received as noted above, finds that Platinum Dirt Work, LLC is the lowest, responsive and responsible bidder, and awards the construction contract to Platinum General Engineering, LLC (d.b.a Platinum Dirt Worx) LLC in their total amount bid of $199,400.00 for the Spiva Avenue Waterline Replacement Project. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.

4. The City Council of the City of Yuba City does hereby authorize the Finance Director to make the necessary budget adjustments and supplemental appropriations to allocate State grant funds previously received for the Spiva Avenue Waterline Replacement Project to Capital Improvement Program Account No. 1093.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:
________________________________

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

EXHIBIT A

CITY OF YUBA CITY

DEPARTMENT OF PUBLIC WORKS

DRAFT CONTRACT AGREEMENT

SPIVA AVE WATERLINE REPLACEMENT PROJECT
CONTRACT NO. 24-03
THIS AGREEMENT, made and concluded this ____ day of _________________ 20___, between the City of Yuba City, party of the first part, and Platinum General Engineering, LLC (d.b.a Platinum Dirt Worx), LLC, Contractor, party of the second part.

ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Department of Public Works, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the State of California Department of Transportation dated 2018, the Standard Plans dated 2018, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The Special Provisions and the project plans for the work to be done are entitled:

SPIVA AVE WATERLINE REPLACEMENT PROJECT
Which are hereby made part of this contract.

ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.

ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and

to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE VI. – The City of Yuba City hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.

ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Yuba City shall exercise general supervision.

ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract.

It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

SPIVA AVE WATERLINE REPLACEMENT PROJECT
CONTRACT NO. 24-03
Item
No. Item Description Est. Qty.

Unit of
Measure
Unit Price Total Amount
1 Mobilization and Demobilization 1 LS
$15,000.00 $15,000.00
2 Jobsite Photos/Videos 1 LS
$3,000.00 $3,000.00
3 Construction Area Signs/Traffic
Control 1 LS
$19,800.00 $19,800.00
4 Trench Shoring/Bracing 1 LS
$2,000.00 $2,000.00

5 6-inch Class 350 Ductile Iron
Pipe Furnish & Install) 514 LF
$124.90 $64,200.00
6 Connect to Existing 6-inch Gate
Valves 1 LS
$24,000.00 $24,000.00
7 1-inch Copper Water Service
Lateral (808, 804, 800, 760,
708) (Includes Install &
Reconnecting to Existing Meter)
5 EA
$4,760.00 $23,800.00
8 Trench Restoration (Type A) 516 LF
$20.62 $10,600.00
9 Misc. Thermo Pavement
Markings 1 LS
$3,500.00 $3,500.00
10 Testing Block(s) and Bypass(s)
(Includes Install) 1 LS
$9,500.00 $9,500.00
11 Abandon Existing 4-inch Water
Main Service Connection 4 EA
$2,000.00 $8,000.00
12 Misc. Site Restoration (Includes
Concrete & Landscaping) 1 LS
$16,000.00 $16,000.00
Total Bid: $199,400.00
City Attorney, City of Yuba City

CITY OF YUBA CITY CONTRACTOR
Diana Langley Company Name
City Manager
Date By and Title (signature)
Date
By and Title (printed)

Address
Telephone Number

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Aquifer Storage and Recovery Well Project - Plans and Specifications Approval Recommendation: Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Aquifer Storage and Recovery Well (Well #3) Project at the Water Treatment Plant and authorizing advertisement for bids on the project
Fiscal Impact: Engineer’s Estimate $1,415,810 – CIP Account No. 951320-65501 (Aquifer Storage and Recovery Well Project)
Purpose:

To provide additional water resources by securing access to groundwater and store treated water in the groundwater aquifer at the Water Treatment Plant.

Council’s Strategic Goals:

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

Background:

The California Department of Water Resources (DWR) has awarded the City a $6,325,000 grant for the construction of a new municipal well with Aquifer Storage and Recovery (ASR) capabilities through the Urban and Multibenefit Drought Relief Grant program. ASR wells are two-way systems that allow water to be injected from the surface into a groundwater aquifer and also extracted from the groundwater aquifer to the surface.

On July 18, 2023 Council Meeting, City Council approved the City Manager to authorize a Professional Services Agreement with Carollo Engineers to develop environmental documents, permits, plans and specifications, and other engineering services for the ASR Well Project.

In order to correctly design the above-ground facilities for the well, construction is planned to be broken down into two phases, above-ground and below-ground, similar to the recently constructed Second Groundwater Well project. The first phase is construction of the below-ground facilities, which involves drilling approximately 500 feet below the surface. At predetermined depths, samples will be taken where preliminary data has suggested there is a suitable groundwater aquifer for both injection and extraction. The data from the samples will help determine the yield of the well so equipment can be

appropriately designed based on that yield. The anticipated yield from previous studies is approximately

3.6 to 4.3 million gallons per day.

The second phase is construction of the above-ground facilities, including a shade structure, pump related equipment, electrical equipment and conduits, and plumbing.

Analysis:

Carollo and its subconsultants have prepared the plans, specifications, and estimate for construction of Phase 1, the below-ground facilities, for the ASR Well project. With Council approval of the plans and specifications and authorization to advertise for bids, staff anticipates the following Phase 1 schedule:

Advertise for Bid: December 19, 2024
Award Contract: February 4, 2025
Start of Construction: March 2025
Completion: June 2025
The plans and specifications for the project are on file in the Public Works Department at City Hall and at https://www.yubacity.net/public_works_plans/index.php for review.

Fiscal Impact:

The total estimated Phase 1 project cost for the well drilling is $1,415,810. This includes a 10% construction contingency and 12% construction management and inspection fees.

The project will be funded through CIP Account No. 951320-65501 (Aquifer Storage Recovery Well).

Currently, this account has approximately $3,981,646 of available grant funds for construction. Staff plans to utilize the grant funds awarded by DWR for the project. Detailed fiscal impacts will be presented to Council at the time of award based on actual bid amounts.

Recently, Carollo completed a Basis of Design Report for the project. The total estimated cost for Phase 2, the above-ground facilities, is approximately $6.8 million. Staff will make funding recommendations for Phase 2 through the Fiscal Year 2025-26 budget process.

Environmental:

An Initial Study / Mitigated Negative Declaration (IS/MND) was prepared for the ASR Well project which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA). Staff is currently working on submitting the IS/MND to the State Clearing House in December and beginning the 30-day public comment period before the end of December. Staff plans to present the IS/MND to Council for adoption at the time of award of a construction contract.

Alternatives:

Instruct staff to direct Carollo to modify the plans and specifications. The project’s schedule will be delayed resulting in potentially not meeting grant deadlines.

Recommendations:

Adopt a Resolution approving the plans and specifications for construction of the below-ground facilities of the Aquifer Storage and Recovery Well (Well #3) Project at the Water Treatment Plant and authorizing advertisement for bids on the project

Attachments:

1. 22-09 Attachment 1 - Resolution Acceptance Final
Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE BELOWGROUND FACILITIES OF THE AQUIFER STORAGE AND RECOVERY WELL

PROJECT AT THE WATER TREATMENT PLANT AND AUTHORIZING

ADVERTISEMENT FOR BIDS ON THE PROJECT
WHEREAS, it is in the best interest for the City to construct a Aquifer Storage and Recovery Well in order to ensure the City has accessible water resources during times when the City’s surface water rights are curtailed; and WHEREAS, the Californian Department of Water Resources has awarded $6,325,000 through the Drought Resiliency Grant Program to construct a Aquifer Storage and Recovery Well; and
WHEREAS, the City has entered into a professional services agreement with Carollo Engineers of Sacramento, CA to develop plans and specifications for drilling the new well and constructing the above-ground facilities, pump, and other related equipment and Carollo Engineers have finished the plans and specifications for the below-ground facilities of the Aquifer Storage and Recovery well; and WHEREAS, the Public Works Department intends to solicit bids for the drilling of a Aquifer Storage and Recovery Well at the Water Treatment Plant; and WHEREAS, it has been determined by the City Council that such infrastructure is in the public interest,
NOW, THEREFORE, be it resolved and ordered by the City Council of Yuba City as follows:

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

2. The plans and specifications for the Project are approved.

3. The Public Works Department is hereby authorized and directed to advertise for bids for the Project.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December, 2024.

AYES:

NOES:

ABSENT:

ATTEST:

Dave Shaw, Mayor
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Tim Bybee, Parks and Grounds Superintendent Summary
Subject: Submission of Recertification Application for Tree City USA Designation Recommendation: Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City to continue its designation as a Tree City USA community
Fiscal Impact: No cost to the City for recertification application. Designation is based in part on the City’s community forestry expenditures
Purpose:

To recognize the City’s ongoing efforts to expand and maintain the City’s urban forest.

Council's Strategic Goal:

This item supports Council's Goal to maintain and enhance the quality of life.

Background:

For the past twenty-five (25) years, the City of Yuba City has earned the designation of a Tree City USA community by meeting the following criteria: 1) Conducting an annual Arbor Day observance; 2) Spending at least $2.00 per capita on tree-related programs; 3) Having a tree ordinance, and; 4) Having a tree advisory board, which is the Parks Department. The Tree City USA designation recognizes the City’s long-term dedication to improving the quality of life for the residents through its planning and maintenance standards.

Analysis:

The City’s efforts to expand and maintain its urban forest remain ongoing and staff would like to ensure that the organization’s efforts continue to be recognized. The Parks Division maintains approximately 1,228 trees in our parks and facilities and 10,750 City street trees. Staff is requesting authorization from Council to adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation in Nebraska City, Nebraska, for consideration of the City continuing its designation as a Tree City USA community. Communities who have received the designation must apply for recertification on an annual basis to maintain their Tree City USA designation.

Fiscal Impact:

There is no cost to the City to submit the recertification request. Selection as a Tree City USA community is based on the annual expenditure for tree-related programs and services within a community, which includes labor costs, tree purchases and tree maintenance throughout our City parks and Landscape Maintenance Districts. In 2024, Yuba City spent a total of $578,000.00 on community forestry expenditures.

Alternatives:

Do not request recertification.

Recommendation:

Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City continuing its designation as a Tree City USA community.

Attachments:

1. Resolution
Prepared By: Submitted By:

Maddy Laffond
Community Services Administrative Assistant
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _____________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE

NATIONAL ARBOR DAY FOUNDATION FOR CONSIDERATION OF

YUBA CITY BEING DESIGNATED A TREE CITY USA COMMUNITY
WHEREAS, trees play an important role in the quality of life of a community in providing needed shade and cooling, aesthetic beauty, and increased property values; and WHEREAS, the planting of trees today allows us to pass along a legacy of community and environmental awareness to future generations; and
WHEREAS, the City of Yuba City has made a significant policy statement regarding the important role trees play in the development and redevelopment of public and private property within the City, as exhibited by the Town Center project, the requirement for landscape maintenance districts, 50% shade requirement on all parking lots, including access areas within 15 years of the tree being planted, and the continued introduction of upcoming residential developments; and
WHEREAS, the City of Yuba City was designated a Tree City USA community for 1999 through 2023 by the National Arbor Day Foundation; and
WHEREAS, Tree City USA communities must apply for re-certification on an annual basis to maintain their designation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City does hereby authorize the City staff to apply for re-certification to the National Arbor Day Foundation for their consideration of Yuba City continuing to be designated as a Tree City USA community for the year 2024.

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 17th day of December, 2024.

AYES:

NOES:

ABSENT:

ATTEST: _____________________________
Dave Shaw, Mayor
____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Chima Ranch Subdivision Development Agreement Assignment Recommendation: Adopt a Resolution of the City Council of the City of Yuba City approving the assignment of responsibilities under the Development Agreement associated with the Chima Ranch Tentative Subdivision Map (SM 22-07) from Interwest Homes Corporation to LGI Homes, LLC, and authorize the Development Services Director to sign the Consent to Assignment
Fiscal Impact: None
Purpose:

To reassign responsibilities under the development agreement associated with the Chima Ranch Tentative Subdivision Map (SM 22-07) from Interwest Home Corporation to LGI Homes, LLC.

Council’s Strategic Goal:

This item meets the City Council’s strategic goal of business friendly.

Background:

On February 7, 2023, the City Council adopted an uncodified Ordinance approving a development agreement associated with the Chima Ranch Subdivision and related entitlements, SM 22-07 and Planned Development (PD) No. 15. This subdivision provides for 82 single-family residential lots located immediately west of the intersection of Pebble Beach Drive and Sanborn Road. Assessor’s Parcel Numbers (APN) 65-020-009 and 65-020-010. The development agreement was recorded March 30, 2023, as Instrument No. 2023-0002731.

Analysis:

Section 14 of the Chima Ranch Subdivision Development Agreement (DA) discusses the landowner’s right to transfer or assign developer responsibilities under the Agreement. DA Section 14.3 requires the developer to obtain the City’s consent in writing to the transfer responsibilities and this section states the City’s consent shall not be unreasonably withheld.

Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed transferee to comply with all the terms of the Agreement and the history, if any

of compliance of transferee, its principals, officers or owners with the provisions of federal or state law, the Yuba City Municipal Code or agreements with the City relating to development of projects within the City.

LGI Homes has not previously developed in Yuba City. The company was founded in 2003 in Texas and today develops communities in 20 states. They are a publicly traded homebuilder on the NASDAQ.

According to their website, the Company has developed over 50,000 homes.

As a national homebuilder, staff believe LGI Homes has the financial ability to construct the project consistent with the Municipal Code, the adopted conditions of approval and applicable State and Federal law.

Environmental Considerations
A Mitigated Negative Declaration was recorded as part of approving the Chima Ranch Tentative Subdivision Map (SM 22-07), related entitlements including the Chima Ranch Development Agreement.

The developer’s request to assign responsibilities and obligations will not alter the approved tentative subdivision map, conditions of approval or any circumstances associated with the project. As a result, no additional environmental review is required.

Fiscal Impact:

No direct fiscal impact will result from the requested action.

Alternatives:

The City Council may decide not to approve the requested transfer of DA responsibilities from Interwest Homes Corporation to LGI Homes, LLC; however, should the City Council desire to take this alternative action, it is recommended this matter be continued to a future meeting and the City Council provide direction on which factors in Section 14.3 the City Council believes that LGI Homes does not meet.

Recommendations:

Adopt a Resolution of the City Council of the City of Yuba City approving the assignment of responsibilities under the Development Agreement associated with the Chima Ranch Tentative Subdivision Map (SM 22-07) from Interwest Homes Corporation to LGI Homes, LLC, and authorize the Development Services Director to sign the Consent to Assignment.

Attachments:

1. Chima Ranch Recored Development Agreement

2. Proposed Resolution
Prepared By: Submitted By:

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

Attachment 1

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Henson Ranch Estates Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Henson Ranch Estates Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road]
Fiscal Impact: City will become responsible for maintenance costs of the public improvements Purpose:

To accept the infrastructure improvements associated with the Henson Ranch Estates Development for public use and initiate the one (1) year warranty period.

Council’s Strategic Goal:

Acceptance of these improvements coordinates with the Council Strategic Goal related to Infrastructure.

The action is necessary to comply with the Development Subdivision Agreement and transfer the private development to the City as public infrastructure.

Background:

On April 18, 2023, Council authorized Resolution No. 23-045 to execute a Subdivision Agreement with the Subdivider, YC Hooper Ventures, LLC, A California Limited Liability Company, regarding the development of the Henson Ranch Estates Subdivision (SM 21-01) (Attachment 2). Per the agreement, the Subdivider was to construct the determined improvements and, upon completion, dedicate and offer the improvements to the City to constitute public improvements.

Analysis:

The Henson Ranch Estates Subdivision street and related improvements have been constructed to the satisfaction of the City. At this time, the Subdivider is requesting acceptance of the improvements so that the one (1) year warranty period can begin. All the required improvements within the subdivision have been constructed in conformance with the approved plans and specifications. With the acceptance, the Subdivider will provide security for the guarantee and warranty of the work in the amount of 10% of the cost of the improvements, which equates to $369,059.90.

Fiscal Impact:

With the acceptance of the improvements, the City will become responsible for the ongoing maintenance of the public improvements, including the water, sewer, storm-drain lines, streets, streetlights, and landscaping.

Residents within the subdivision will participate in Lighting and Landscape Maintenance District No. 5C_10, which will pay for the proportional share of the maintenance of the streetlights and landscaping.

Maintenance costs for the water and sewer lines will come from the Water Enterprise and Sewer Enterprise funds, respectively, and maintenance of the streets and storm drains will be funded with road funds and the established Community Facilities District for the subdivision.

Alternatives:

Do not accept the improvements.

Recommendation:

Adopt a Resolution accepting certain street and related improvements pursuant to the Henson Ranch Estates Subdivision Map Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road].

Attachments:

1. Resolution accepting Henson Ranch Estates Subdivision Improvements

2. Henson Ranch Map
Prepared By: Submitted By:

Kevin Bradford
Deputy PW Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ACCEPTING CERTAIN STREET AND RELATED IMPROVEMENTS

PURSUANT TO THE HENSON RANCH ESTATES SUBDIVISION
AGREEMENT DATED APRIL 18, 2023 BETWEEN THE CITY OF YUBA CITY

AND YC HOOPER VENTURES, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY, AND AUTHORIZING THE SUBDIVIDER TO FILE THE NOTICE OF COMPLETION.

WHEREAS, the City of Yuba City (City) has heretofore contracted with YC Hooper Ventures, LLC, A California Limited Liability Company for certain work pursuant to that Henson Ranch Estates Subdivision Agreement dated April 18th, 2023, between the City of Yuba City and YC Hooper Ventures, LLC, a California Limited Liability Company as a condition of approval for Subdivision Map No. 21-01; and
WHEREAS, said work of improvements called for by said Agreement for street and related improvements was completed to the satisfaction of the City, and a maintenance bond insuring the work of improvements from a maintenance standpoint for a period of one (1) year from and after completion has been provided.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Yuba City hereby accepts the work performed on those certain improvements, the subject of the Subdivision Agreement between the City of Yuba City and YC Hooper Ventures, LLC, a California Limited Liability Company, and authorizes and directs the Subdivider to execute and record a Notice of Completion in connection with said work of improvement.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December, 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

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20 COLUSA FRONTAGE RD
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Location Map: Henson Ranch Estates
Tentative Subdivision Map 21-01
Project Site
1 inch = 300 feet

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ashley Potocnik, Development Manager
Summary
Subject: SACOG Grant Agreement for City Welcome Sign Project (Gateway Signs Improvement Project)
Recommendation: Adopt a Resolution authorizing the City Manager of the City of Yuba City to execute a Memorandum of Understanding between Sacramento Area Council of Governments and the City of Yuba City, and all other necessary grant agreements for the Community Design Funding Program: Gateway Signs Improvement Project
Fiscal Impact: $100,000 Community Design Grant
Purpose:

To finalize the grant funding agreement to replace the City Welcome Signs located on South Highway 99 and West State Route 20.

Council Strategic Goal:

The Gateway Signs Improvement Project aligns with the City's strategic goals of enhancing the quality of life by revitalizing key entry points into Yuba City.

Background:

Yuba City has two welcome signs, one located at the southwest intersection of Township Road / State Route 20 and the other at approximately 1,100 feet southeast of the Bogue Road / State Route 99 intersection. Due to disrepair, the current signage was removed from their base foundations.

In 2023, Yuba City obtained a Community Design Grant from the Sacramento Area Council of Governments (SACOG) to enhance the signs in the amount of $100,000.

Based on direction from City Council, a two-part design process was implemented.

1. Design Concept Competition (Call for Artists)

2. Request for Proposals (final design, fabrication, and installation) On December 4, 2023, the Call for Artists was distributed in coordination with the Yuba Sutter Arts

Council, Yuba Sutter Chamber of Commerce, and Yuba City Unified School District. The Call for Artists outlined the design competition process and submission details. On February 2, 2024, the competition was closed with ten (10) design concept submissions received.

On February 20, 2024, the City Council established an Ad Hoc Committee to review the submissions and select finalists. The Ad Hoc Committee was steered by Councilmember Kirchner and Councilmember Pasquale with representatives from the Planning Commission (Justine Gill), Senior Commission (Michael McFarlane), Parks & Recreation Commission (Staci Howell), and the Youth Commission (Maya Sangha).

On April 1, 2024, the Ad Hoc Committee met to review the submissions and select three finalists to move forward in the selection process. The Ad Hoc Committee reviewed and scored each submission based on creativity, alignment with City branding and guidelines, aesthetic appeal, relevance to the community, feasibility of implementation, and overall impression.

On May 21, 2024, the City Council selected a winning design concept. The winner, Raveena Sroya, was recognized at the July 2, 2024, City Council meeting.

The City issued a Request for Proposal for Final Design, Fabrication, and Installation of the City Welcome Signs on August 16, 2024, with a deadline for submittals of September 13, 2024.

On November 5, 2024, the City Council awarded the contract to Square Signs LLC, dba Front Signs of Burbank, CA for the City Welcome Sign final design, fabrication, and installation project.

Analysis:

The Gateway Signs Improvement Project aligns with the City's strategic goals of enhancing the quality of life by revitalizing key entry points into Yuba City. The $100,000 grant from SACOG provides essential funding to complete the design, fabrication, and installation of the new City Welcome Signs.

The project has gone through a comprehensive design selection process, involving public and community engagement, and has resulted in a strong partnership with a qualified contractor.

Authorization of the Resolution will allow the City to finalize the grant agreement and move forward with implementation and fund reimbursement.

Fiscal Impact:

The grant amount is $100,000.

Alternatives:

Do not authorize the City Manager to sign the agreement and notify SACOG that the City is not interested in receiving the Community Design Grant funds.

Recommendation:

Adopt a Resolution authorizing the City Manager of the City of Yuba City to execute a Memorandum of Understanding between Sacramento Area Council of Governments and the City of Yuba City, and all other necessary grant agreements for the Community Design Funding Program: Gateway Signs Improvement Project.

Attachments:

1. Resolution

2. Exhibit A. Memorandum of Understanding between SACOG and City of Yuba City

Prepared By: Submitted By:

Ashley Potočnik
Development Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER OF THE CITY OF YUBA CITY TO EXECUTE A

MEMORANDUM OF UNDERSTANDING BETWEEN SACRAMENTO AREA COUNCIL

OF GOVERNMENTS AND THE CITY OF YUBA CITY, AND ALL OTHER

NECESSARY GRANT AGREEMENTS FOR THE COMMUNITY DESIGN FUNDING PROGRAM: GATEWAY SIGNS IMPROVEMENT PROJECT.

WHEREAS, the Sacramento Area Council of Governments has allocated funding in the amount of $100,000 for the City Welcome Sign Project (Project); and WHEREAS, the City of Yuba City has gone through a competitive process, including a Call for Artists and Request for Proposals, to select the design and contractor for the Gateway Signs Improvement Project; and
WHEREAS, on November 5, 2024, the City Council of the City of Yuba City awarded the final design, fabrication, and installation contract for the Project to Square Signs LLC, dba Front Signs, for their qualifications and responsiveness; and WHEREAS, it is necessary to authorize the City Manager to execute the Memorandum of Understanding (MOU) and all other necessary agreements with SACOG to receive the grant funds and proceed with the implementation of the Project; and WHEREAS, it has been determined by the City Council that entering into this MOU and related agreements is in the public interest and supports the City’s strategic goal of enhancing the quality of life for the residents of Yuba City.

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

Section 1. The City Manager of the City of Yuba City is hereby authorized to execute the Memorandum of Understanding (Exhibit A) between the Sacramento Area Council of Governments and the City of Yuba City, and all other necessary grant agreements for the Community Design Funding Program: Gateway Signs Improvement Project.

Section 2. The City Manager is authorized to take all necessary steps to implement and administer the grant agreement and to execute any further documents or agreements as may be necessary for the successful completion of the Project.

Section 3. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit:

A. Memorandum of Understanding between SACOG and City of Yuba City

EXHIBIT A

Contract #: CT250017
Funding Source: SACOG Managed Funds
Account Set: SAC400-SMF COSTS
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

SACRAMENTO AREA COUNCIL OF GOVERNMENTS
AND

CITY OF YUBA CITY
For the
2023 Programming Round Funding (Round 10)
Community Design Funding Program: Gateway Signs Improvement Project This Memorandum of Understanding (“MOU”) is entered into on _________________, by and between the SACRAMENTO AREA COUNCIL OF GOVERNMENTS (“SACOG”) and CITY OF YUBA CITY (“Recipient”).

1. Introduction: Project Description and Scope of Work
A. Program Description:

The SACOG Community Design Funding Program (the “Program”) is intended to provide financial assistance to local governmental agencies that are planning or constructing projects that are consistent with SACOG identified guidelines and principles. Local agencies submit project applications to SACOG and SACOG awards funding through a regional selection process. The project (the “Project”) was awarded funding through the Program and is more particularly described in Section E, Project Description, below.

The Project is receiving local funds from SACOG-managed local funding sources.

Accordingly, the Project is not subject to administrative review by the California Department of Transportation (“Caltrans”), but rather solely by SACOG. SACOG will review any delay in the Project, as noted in Section 4.B, Extensions, below. SACOG must approve of the Project Scope of Work, milestones, deliverables and timelines, and shall review and approve all invoices before the Recipient is reimbursed by SACOG.

The Program is a reimbursement-based program. Recipient will be reimbursed for eligible project costs after SACOG receives, reviews, and approves invoices covering those expenditures. By signing this MOU, Recipient certifies that it can fund the Project on its own until it seeks reimbursement from SACOG. The Recipient shall carry the expenses until it invoices SACOG for expenditures and SACOG reviews and approves such expenditures.

B. Recipient Project Manager and SACOG Program Manager:

The following persons shall be the contact for all communications unless mutually agreed in writing that another person may represent the Recipient or SACOG.

The Recipient’s officially designated Project Manager is:

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
2 Ashley Potocnik, Development Liaison
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
[email protected]
Phone: 530-822-5196
SACOG’s Program Manager is:

Greg Chew, Senior Planner
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
Email: [email protected]
Phone: (916) 340-6227
C. Scope of Work, Deliverables, Milestones and Timeline:

Exhibit A attached hereto and incorporated herein, describes the Scope of Work to be performed by Recipient as well as milestones, deliverables, and timeline for the Project (the “Scope of Work”). SACOG will review invoices and verify the work completed and deliverables comply with the Scope of Work prior to reimbursement.

D. Project Application and Amount:

Recipient submitted an application to SACOG for funding under the Program (the “Application”). The Application was evaluated through a competitive regional selection process and has been awarded One Hundred Thousand Dollars ($100,000.00), to be provided under the terms and conditions of this MOU. In no instance shall SACOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs. Recipient is responsible for any and all costs and expenses exceeding the awarded amount.

E. Project Description:

The Project is dedicated to enhancing the visual appeal of the city's main entry points through the creation and installation of new "Welcome Signs" based on the winning concept design by local artist, Raveena Sroya. This initiative aims to provide an inviting and lasting welcome for both residents and visitors alike, showcasing the city’s natural beauty, cultural diversity, and historical heritage.

F. Payment:

As the work is satisfactorily performed and funds are available, SACOG will reimburse Recipient for project costs approved by SACOG. Recipient will not be paid in advance of work completed. Reimbursement shall be in accordance with Section 3 herein.

2. Performance
A. Notice to Proceed:

The Recipient may not start reimbursable project activities until this Agreement is fully executed and formal Notice to Proceed is issued by SACOG’s Procurement Officer In no event will SACOG pay Recipient for work performed prior to the effective date of

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
3 this Agreement, as stated in the formal Notice to Proceed and entered on Page 1 of this Agreement.

B. Recipient Accountability Duties:

Recipient shall comply with duties in this Section. Recipient acknowledges that a failure to perform these duties may result in the disqualification of Recipient from receiving future funding through SACOG as further specified below. It is incumbent upon Recipient, particularly the Recipient’s Project Manager, to understand these accountability duties and perform them throughout the term of this MOU or until the Scope of Work is completed, whichever comes first. SACOG will not remind Recipient to perform these duties.
(1) Staff Requirements. Recipient shall assign a staff person who is familiar with the contents of Recipient’s Scope of Work to oversee the delivery of this Project.

Recipient acknowledges that if it does not maintain an assigned, qualified staff person or consultant to manage the delivery of the Project pursuant to this Agreement, SACOG may, in its sole discretion, withdraw funding for the Project. (2) Funding Cycle Deadline. The Project as set forth in the Application, including the scope, timeline and deliverables, must be delivered no later than the current funding round cycle deadline of May 31, 2026. Recipient will not be reimbursed for any costs or expenses incurred after May 31, 2026. Recipient acknowledges that, if it does not deliver the specified Project on the agreed to timeline and prior to the funding cycle deadline, Recipient may be penalized in future funding cycles of SACOG’s four regional funding programs.
(3) Status Reports. All Round 10 Community Design recipients are required to submit status reports with any invoices sent to SACOG for reimbursement. Following issuance of the Notice to Proceed, Recipient shall provide the SACOG Program Manager with a brief status report in writing. This status report may be as brief as one or two paragraphs, depending upon the complexity and status of the Project. If Recipient’s designated Project Manager changes during the Project, it is the responsibility of Recipient to notify SACOG of the change in Project Manager and convey all requirements of this MOU, including the requirement to submit status reports, to the new Project Manager.

C. Overall Performance:

Recipient recognizes that SACOG considers Recipient’s performance on this Project a factor in qualifying Recipient for proposed future projects for any other current or future SACOG funding programs (e.g., Community Design, Maintenance and Modernization and Transformative programs).

D. Recipient Responsibilities:

After the Notice to Proceed has been issued, the Recipient is required to perform the accountability requirements in Section 2.B., including, submission of a brief Project status reports. Recipient shall complete the Project, in accordance with Exhibit A, no later than the expiration date of this Agreement.

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
4 E. SACOG Responsibilities:

SACOG shall:
(1) Review progress reports and invoices promptly and contact Recipient in a timely manner to discuss any issues. Invoices will not be approved until issues have been resolved to SACOG’s satisfaction.
(2) Remit invoice for payment promptly after approving invoices. (3) Verify final Project completion as appropriate to close out final completion and payment.

3. Reimbursement
A. Invoices and Payments:

Recipient shall submit regular Project invoices to SACOG for reimbursement no more frequently than once a month and no less frequently than once a quarter. Each invoice shall contain a one-page progress report narrative (bullet format acceptable) of work completed to date along with reference to the scope of work, timeline, milestones, and deliverables in Exhibit A. Recipient shall clearly identify which of the activities have been performed in the period for which reimbursement is being requested. Recipient may include copies of any deliverables or photographs of physical construction, as applicable, to provide documentation of work completed.

All invoices must comply with the requirements provided for in SACOG’s Required Supporting Documentation for Invoices form, attached hereto and incorporated herein as Exhibit B.

All invoices for all worked completed under this Agreement must be submitted to SACOG by July 31, 2026.

B. Travel Reimbursement:

Recipient shall comply with, and shall require its subcontractors to comply with, the requirements for non-state employee travel and subsistence (per diem) expenses found in the California Department of Transportation (“Caltrans”) Travel Guide, NonState Employee Travel (referencing the current California Department of Personnel Administration rules) at the following link:
https://travelpocketguide.dot.ca.gov/
Lodging rates shall not exceed rates authorized to be paid non-state employees unless written verification is supplied that such rates are not commercially available to Recipient and/or its subcontractors at the time and location required as specified in the Caltrans Travel Guide Exception Process.

C. Evaluation of Invoices:

SACOG will review invoices in the order received from all Program projects. Upon the review of each invoice received, SACOG will evaluate the degree of progress being made in comparison to the Scope of Work and may ask Recipient to provide additional information to support an invoice. SACOG may withhold payment of a full or partial

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
5 invoice amount if it believes insufficient evidence has been provided to justify the amount requested.

Contractor shall be notified within fifteen (15) working days following receipt of its invoice by SACOG of any circumstances or data identified by SACOG in Contractor’s written billing which would cause withholding of approval and subsequent payment.

D. Methods of Payment:

Contractor shall be paid by check, unless ACH payments have been arranged, within thirty (30) days after SACOG approval of each invoice.

4. Completion; Termination
A. Agreement Expiration Date:

All work shall be completed, and this Agreement shall expire on May 31, 2026, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties.

B. Extensions:

This MOU may be extended by written agreement of the parties, but such written agreement by SACOG may only occur by one of two ways. First, SACOG may agree to an extension in the event that a delay is caused by SACOG, Caltrans or state or federal agencies regarding the funding, programming or regulatory review of this project and such delay is deemed unusual by SACOG. Second, SACOG may agree to an extension for any other reason only by direct approval of the SACOG Board of Directors, but the Recipient’s governing body must take a formal action to approve the request for an extension before a request can be made to the SACOG Board of Directors.

C. Termination by Recipient:

The Recipient may terminate this Agreement upon 30 days’ written notice to SACOG identifying the reason for termination. Within 10 working days of the notice, Recipient shall submit an invoice which shall be paid according to the terms set forth in Section 3 of this MOU.

D. Termination by SACOG:

Recipient’s failure to perform any material obligation hereunder is a material breach of this MOU. SACOG shall provide Recipient with written notice of any such failure and specify a reasonable opportunity to cure. If Recipient fails to cure a material breach after SACOG provides written notice thereof and a reasonable opportunity to cure, SACOG may terminate this Agreement upon 10 days’ written notice to the Recipient identifying the reason for termination. Upon receipt of the notice of termination, Recipient shall immediately cease its own reimbursable activities on the Project and shall give notice to any third party working on the Project to immediately cease its reimbursable activities on the Project. Within 30 working days of receipt of the notice of termination, Recipient shall submit an invoice for work done through the date of termination. Reasons for termination may include, but are not limited to:

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
6 (1) Failure by the Recipient to submit a progress report or invoices for two consecutive quarters after the Notice to Proceed;
(2) The Project falls more than 6 months behind the timeline in Exhibit “A” and the Recipient fails to timely inform the SACOG Program Manager; or (3) The Recipient does not respond in a timely manner to requests by SACOG’s Project Manager for information.

Reimbursable funding for the Project shall cease upon the effective date of the termination notice.

5. General Provisions
A. Amendments:

No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

B. Indemnity:

Recipient and SACOG are each responsible for its own acts and omissions. Further, each party agrees to indemnify, defend, and hold harmless the other party, its governing body, officers, agents, and employees from and against any and all actions, claims, demands, losses, expenses, including reasonable attorney’s fees and costs, damages, and liabilities, resulting from the negligent acts or omissions or willful misconduct of the indemnifying party. The provisions of this Section shall survive the expiration or termination of this MOU.

C. Audit, Records:

SACOG shall have the right to audit, or have audited by a representative agent, Recipient’s use of Project funds. Recipient shall maintain books, records, documents and other evidence (collectively “Records”) pertinent to Project work performed under this Agreement in accordance with generally accepted accounting principles and practices for a minimum of three years following completion of the Project. Recipient shall make the Records available to SACOG or its agents upon request.

D. Notices:

All notices required or provided for under this Agreement shall be in writing and delivered in person or by first class U.S. mail, postage prepaid, to the Project Managers identified in Section 1.B.

E. Integration:

This Agreement represents the entire understanding of SACOG and Recipient as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 5.A.

F. Headings:

The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement.

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
7 G. Severability:

If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable.

H. Counterparts:

This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument. Documents executed, scanned, and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures.

I. Dispute Resolution:

Each party hereto will notify the other party promptly of any matters that may cause disputes arising out of their respective rights and obligations under this Agreement and will make every reasonable effort to settle such disputes by prompt and diligent negotiations. If the parties are unable to resolve the dispute through negotiation, the dispute will be sent to mediation administered by a mediator acceptable to both parties prior to the initiation of legal action, unless delay in initiating legal action would irrevocably prejudice one of the parties. All expenses of the mediation will be borne by the parties equally; however, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. (Signature Page to Follow)

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
8 IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS MOU AS OF THE DATE HEREIN ABOVE APPEARING:

SACRAMENTO AREA COUNCIL OF

GOVERNMENTS

CITY OF YUBA CITY

JAMES CORLESS
Executive Director

DIANA LANGLEY
City Manager

Date Date

APPROVED AS TO FORM

SLOAN SAKAI YEUNG & WONG LLP
Legal Counsel to SACOG

RECOMMENDED BY

GREG CHEW
Senior Planner

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
9 Exhibit “A”

SCOPE OF WORK

1. Request for Proposals (RFP) Development and Release
City will draft and release an RFP to invite qualified sign design firms to submit proposals for the design, fabrication, and installation of the new Welcome signs. The RFP will outline the project scope, design requirements, and evaluation criteria.

Deliverable: Released RFP
Timeline: October – November 2024
Reimbursable: $5,000

2. Award Contract
City will evaluate all submitted proposals based on the criteria outlined in the RFP. The evaluation process will involve scoring proposals on aesthetics, quality, delivery schedule, experience, and cost. The City will then award the contract to the most qualified firm.

Deliverable: Awarded Contract
Timeline: December 2024 – January 2025
Reimbursable: $5,000

3. Design Approval and Material Palette
City will work with the selected firm to finalize and approve the detailed design and materials palette for the new signs, ensuring conformance to City branding, design standards and durability requirements.

Deliverable: Approved Designs and Material Palette
Timeline: January – March 2025
Reimbursable: $10,000

4. Fabrication and Installation
City will oversee the fabrication and installation of the new "Welcome Signs" at the designated locations. The City will coordinate with contractors to ensure the signs are installed per specifications and in compliance with all California Building Codes, safety standards, and City requirements.

Deliverable: Photographs of installed signs
Timeline: March – May 2025
Reimbursable: $80,000
TOTAL BUDGET AMOUNT: $100,000
SACOG Grant = $100,000
Matching Funds = $0

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
10 Project timeline cannot exceed May 31, 2026
The City of Yuba City assumes all costs for the project above $100,000.

Contract #: CT250017
Funding Source: SACOG Managed Funds (SMF)
Account Set: SAC400-SMF FUNDS
11 Exhibit B
SACOG Required Supporting Documentation

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ashley Potocnik, Development Manager
Summary
Subject: Fourth Amendment to the Disposition and Development Agreement for the Feather River Mill and Associated Properties (Noyan Properties. L.P., and HNYC, LLC) Recommendation: A. Adopt a Resolution of the City Council approving the fourth amendment to the Disposition and Development Agreement with H-NYC, LLC, and Noyan Properties, L.P., authorizing the sale and development of real property located at the southeast corner of Bridge and Shasta Streets (Current APNs: 52-324-028, -029, -030, -031, -032, -033, & -034) B. As the City Council, authorize the City Manager to approve and sign on behalf of the City, Amendment No. 4 to the Disposition and Development Agreement with Noyan Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52-324-028, -029, -030, -031, -032, -033, & -034)
C. As the Board of Directors of the Successor Agency, authorize the Executive Director to approve and sign on behalf of the Agency, Amendment No. 4 to the Disposition and Development Agreement with Noyan Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52-324-028, -029, -030, -031, -032, -033, & -034)
Fiscal Impact: Minimal staff time associated with processing the amendment.

Purpose:

To advance development of the Feather River Mill property located at the southeast corner of Bridge Street and Shasta Street.

Council Strategic Goal:

The Feather River Mills Disposition and Development Agreement aligns with the City's strategic goals of enhancing the quality of life by developing underutilized infill properties in Yuba City.

Background:

December 21, 2010 - City Redevelopment Agency (“Agency”) enters into an Exclusive Negotiating Agreement (ENA) with the Mehmet Noyan Company for the sale and development of approximately 7.5 acres of Redevelopment Agency property located at the southeast corner of Bridge and Shasta Streets to be used for the future development of a mixed-use project.

June 29, 2011 - Governor signs Assembly Bill 1X 26 and Assembly Bill 1X 27 which effectively abolishes Redevelopment and establishes a “winding down” process for the dissolution of all redevelopment agencies. An Oversight Board is created to oversee all aspects of the dissolution process. AB 1X26 directs the Successor Agency (City of Yuba City) to dispose of all assets and properties of the former RDA “expeditiously and in a manner aimed at maximizing value.” June 7, 2012 – Oversight Board directs staff to finalize the terms and conditions of a Purchase and Sale Agreement with the Mehmet Noyan Company for the subject property that complies with Assembly Bill 1X 26 and Assembly Bill 1X 27.

June 27, 2012 – Governor approves AB 1484 which makes technical and substantive amendments to the (Redevelopment) Dissolution Act (aka AB 1X26). AB 1484 requires Successor Agencies to prepare a Long-Range Property Management Plan (LRPMP) which must address how all former RDA property will be disposed and include current appraisals and qualifications for highest and best use. The LRPMP supersedes the prior action of the Oversight Board relating to the disposition of former RDA property.

November 14, 2013 - Agency/City enters into an updated Memorandum of Understanding (MOU) with the developer. Developer action is effectively held in abeyance until State approval of the Long-Range Property Management Plan (LRPMP).

September 8, 2015 - State Department of Finance approves proposed LRPMP. Agency/City staff and developer proceed with determining the necessary work and estimated cost of environmental cleanup for the Feather Rill Mill site that is needed before any development can occur on the site.

June 2016 – State Central Valley Regional Water Quality Control Board approves Remediation Action Plan (RAP) for the site thereby allowing for environmental clean-up to occur.

October 2016 – City Council extends ENA with Noyan Properties to allow time for Staff and developer to negotiate a Development and Disposition Agreement (DDA) June 2017– City Council approves a DDA with Noyan Properties that includes the following key components:
• Property to be purchased for $1 as determined by an appraisal competed by Seevers Jordan Ziegenmeyer and as approved in our Long-Range Property Management Plan • Developer will have 180 days to close escrow on the property • Noyan Properties must maintain a majority interest in the project until such time that the developer is relieved of the requirements contained in the DDA • Developer will provide a performance bond in the amount of $1,000,000 as collateral that will be released upon the property being clean to the satisfaction of the Central Valley Regional Water Quality Control Board
• Clean up on the property must commence within 120 days from the close of escrow • The Developer will ensure the projects meet the City’s Design Guidelines and Central City Specific Plan requirements

January 2018 – City Council approves Amendment No. 1 to the DDA which changed the date for closing on the property from January 26, 2018 to July 20, 2018.

April 2018 – State Central Valley Regional Water Quality Control Board concurs with Remedial Design/Remedial Action Work Plan
November 2019 – City Council approves Amendment No. 2 to the DDA which changed the date for closing on the property from July 20, 2018 to November 5, 2020.

April 2020– City Council approves Amendment No. 3 to the DDA which includes the following amendments:
• Assigned the DDA to a Successor Developer
• Changed the Title Company from First American Titel Company to Placer Title Company • Removed the bonding requirement in Section 213
• Addressed the deed configuration
• Granted the City Manager authority to approve any extensions, approvals, waivers or other nonmaterial amendments on behalf of the City • Updated the schedule of performance (Attachment 3 to the DDA) May 2020 – The City of Yuba City executed a Quitclaim Deed (Recorded No. 2020-0007842) conveying the property to H-NYC, LLC.

February 2021 – H-NYC, LLC completed all remediation efforts on the property and a No Further Action Determination was made by the California Water Board.

October 2023 – The Certificate of Occupancy was issued for the Holiday Inn Express Hotel located at 531 Shasta Street.
2024 – Sutter County Assessor’s Office issued new APNs for the property. The original APNs included in the DDA are 52-342-023 & 52-502-008. The new APNs are 52-324-028, -029, -030, -031, -032, -033, & -034.

Analysis:

Mr. Mehmet Noyan of Noyan Properties has been a long-time partner with the City on this project and has made significant progress since the execution of Amendment No. 3, including the complete remediation of the site.

The first phase of development was completed in 2023 (Holiday Inn Express), and Mr. Noyan’s team and partners recently submitted entitlement applications for a Circle K fuel station, two (2) quick serve restaurants with drive throughs, and a commercial shell building located north of Holiday Inn Express.

In discussions with Mr. Noyan over the past few weeks, a request has been made to remove the reversionary clause that allows for the seller (City/Successor Agency) to claim the parcels back if certain thresholds have not been met. Based on Mr. Noyan’s activity at the site, staff is supportive of the proposed DDA Amendment No. 4 to remove the reversion clause in its entirety from the DDA. The specific amendments are outlined below:
• Removal of Section 504 (Repurchase, Reenter and Repossess) in its entirety • Removal of Section 505 (Power of Termination) in its entirety • Amendment to Section 611 (Authority of City Manager)

o To add flexibility and expedite minor changes to the DDA and associated documents, staff is recommending adding the following sentence to Section 611, “The City Manager is authorized to execute or amend any Deed necessary to effectuate the purpose of this Amendment, including modification of an existing Quitclaim Deed to reflect the successful completion of all remediation efforts, the elimination of all rights of repurchase and termination rights in such Quitclaim Deed, etc.”
Fiscal Impact:

Minimal staff time associated with processing the amendment.

Alternatives:

Do not approve Amendment No. 4 of the Disposition and Development Agreement with Noyan Properties L.P. and H-NYC, LLC.

Recommendation:

A. Adopt a Resolution of the City Council approving the fourth amendment to the Disposition and Development Agreement with H-NYC, LLC, and Noyan Properties, L.P., authorizing the sale and development of real property located at the southeast corner of Bridge and Shasta Streets (Current APNs: 52-324-028, -029, -030, -031, -032, -033, & -034) B. As the City Council, authorize the City Manager to approve and sign on behalf of the City, Amendment No. 4 to the Disposition and Development Agreement with Noyan Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52-324-028, -029, -030, -031, -032, -033, & - 034)
C. As the Board of Directors of the Successor Agency, authorize the Executive Director to approve and sign on behalf of the Agency, Amendment No. 4 to the Disposition and Development Agreement with Noyan Properties, L.P. with regard to the property located at the southeast corner of Bridge and Shasta Streets to be used for the future development (Current APNs: 52- 324-028, -029, -030, -031, -032, -033, & -034)
Attachments:

1. Resolution

2. Exhibit A. Fourth Amendment to Disposition and Development Agreement Prepared By: Submitted By:

Ashley Potočnik
Development Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH H-NYC, LLC, (“SUCCESSOR DEVELOPER”) AND NOYAN PROPERTIES, L.P., (“ORIGINAL DEVELOPER”) AUTHORIZING THE SALE AND

DEVELOPMENT OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BRIDGE AND SHASTA STREETS (APN 52-324-023 & 52-502-008) WHEREAS, the City and Original Developer entered into a Disposition and Development Agreement dated July 26, 2017, with the consent and approval of the Successor Agency to the Yuba City Redevelopment Agency (Successor Agency), which established the terms for the sale and development of real property as described therein; and WHEREAS, the Disposition and Development Agreement dated July 26, 2017 was subsequently amended by the parties on January 16, 2018, and again on November 5, 2019, and again on April 21, 2020, which original documents and amendments are collectively referred to herein as “Original DDA;” and
WHEREAS, the Successor Agency consented and agreed to the Original DDA pursuant to that certain Consent and Agreement of Successor Agency attached to the Original DDA (“Consent Agreement”).

WHEREAS, pursuant to provisions of the Original DDA, the Original Developer has assigned the Original DDA to Successor Developer which has assumed same; and WHEREAS, all parties desire to enter into the fourth amendment to the Original DDA, and the City Council desires to approve the same.

NOW, THEREFORE, the City Council of Yuba City resolves as follows:

1. The City Council of Yuba City approves the “Fourth Amendment To Disposition And Development Agreement” to the Original DDA, and authorizes the City Manager to execute and take all steps necessary to carry out and effectuate the same.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Fourth Amendment to the DDA

1 EXHIBIT A

2 FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (“Amendment”) is entered into this day of _ _ _ _ _ _ _ _ _ , 2024 by and between the CITY OF YUBA CITY, a municipal corporation (“City”), H-NYC, LLC, a California limited liability company (“Successor Developer”), NOYAN PROPERTIES, L.P., a California limited partnership (“Original Developer”) and to which SUCCESSOR AGENCY TO THE YUBA CITY REDEVELOPMENT AGENCY, a public agency (“Successor Agency”) consents and agrees.

RECITALS:

A. City and Original Developer entered into that certain Disposition and Development Agreement dated July 26, 2017 to which SA consented and approved which was amended by that First Amendment dated January 16, 2018 and that certain Second Amendment dated November 5, 2019 and that certain Third Amendment dated April 21, 2020 (not recorded but attached here to as Exhibit A) (collectively “Original DDA”), regarding the sale of certain unimproved (but contaminated) real property located at south east corner of Bridge and Shasta Streets in the City of Yuba (APNs 52-324-023 and 52-502-008) as legally described in the Original DDA.

B. Successor Agency consented and agreed to the Original DDA pursuant to that certain Consent and Agreement of Successor Agency attached to the Original DDA (“Consent Agreement”).

C. Pursuant to provisions of the Original DDA, Original Developer has assigned the Original DDA to Successor Developer which has assumed same.

D. The Successor Developer has successfully completed all remediation efforts associated with the DDA, fulfilling the environmental and construction requirements set forth in the agreement.

E. The hotel portion of the site has been fully developed and operational (Holiday Inn and Suites, Certificate of Occupancy issued October 2023), thereby achieving the primary objectives of the DDA and enhancing the local economy and community.

F. The removal of Sections 504 and 505 of the Original DDA, which provides the City with rights of repurchase and termination, is now warranted as the circumstances that necessitated these provisions have been completely addressed, and ongoing inclusion of these Sections create impediments to use of the property by commercial development as contemplated by the Original DDA.

G. The Successor Developer has demonstrated commitment to the project and compliance with all contractual obligations, negating the need for the City to retain these provisions as safeguards and eliminating these sections will facilitate the Successor Developer's ability to further invest in and improve the site, thereby benefiting the community and aligning with the City’s long-term development goals.

H. The parties desire to amend the Original DDA as set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the Parties agree as follows:

3 AGREEMENT

1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.

2. Defined Terms. All terms not specifically defined in this Amendment shall have the meaning in the Original DDA.

3. Amendment Effective Date. This Amendment shall be effective upon the last to occur of: (i) approval of the City Council and execution by City; (ii) approval by the Agency Board and execution by the Successor Agency; and (iii) delivery of an executed copy to Original Developer and Successor Developer (“Amendment Effective Date”). A copy of the executed copy of this Amendment shall be delivered to Escrow.

4. Removal of Section 504 of the Original DDA (Repurchase, Reenter and Repossess).

Section 504 of the Original DDA is deleted in its entirety. This deletion is warranted given the completion of all required remediation efforts associated with the site, thereby rendering the repurchase option unnecessary. The City acknowledges that the successful completion of the project meets the intended objectives of the Original DDA, and thus, the removal of this section is in the best interest of the community. The Parties agree that they will not exercise the same rights encompassed by Section 504 that may be reflected or otherwise incorporated in any Quitclaim Deed recorded on the property to date, and that any power to repurchase, reenter, and repossess under the same may no longer be exercised.

5. Removal to Section 505 of the DDA (Power of Termination). Section 505 of the Original DDA is deleted in its entirety. This is warranted based on the successful completion of all remediation efforts and the development of the site, which eliminate the need for termination rights. The City recognizes that the fulfillment of the project’s goals under the Disposition and Development Agreement negates the necessity of this provision, and therefore, its removal is in the best interest of the community. The Parties agree that they will not exercise the same rights encompassed by Section 505 that may be reflected or otherwise incorporated in any Quitclaim Deed on the property to date, and that any power of termination under the same may no longer be exercised.

6.Amendment to Section 611 (Authority of City Manager). Section 611 of the Original DDA is amended to add the following sentence: “The City Manager is authorized to execute or amend any Deed necessary to effectuate the purpose of this Amendment, including modification of an existing Quitclaim Deed to reflect the successful completion of all remediation efforts, the elimination of all rights of repurchase and termination rights in such Quitclaim Deed, etc.”

7. Reaffirmation of Original DDA. Except as amended by this Amendment, or the past three Amendments, the Original DDA shall remain unchanged and is hereby reaffirmed, ratified and confirmed in its entirety. If there is any conflict, inconsistency or ambiguity between the Original DDA and this Amendment, then this Amendment shall govern and control.

8. Successor Agency.

A. Consent Agreement. Successor Agency reaffirms its obligations under the Consent Agreement with respect to the Original DDA as hereby amended.

B. Authority of Executive Director. The Executive Director, or his/her designee, shall in their sole discretion, have the authority to approval any extensions, approvals,

4 waivers or other non-material amendments on behalf of Successor Agency. Any such extensions, approvals, waivers or non- material amendments must be in writing executed by the Executive Director or his/her designee.

9. Recording. The Parties consent to the recording of this document.

10. Entire Agreement. This Amendment constitutes the entire agreement and supersedes any prior written or oral agreements among the Parties with respect to the specific matters addressed herein.

11. Authorization. Each individual executing this Amendment on behalf of Original Developer and Successor Developer represents and warrants that he has been duly authorized to do so by Developer on whose behalf he executes this Amendment and Developer is hereby obligated to perform the terms of this Amendment.

12. Execution in Counterpart. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original. [SIGNATURES ON THE FOLLOWING PAGE]

5 IN WITNESS WHEREOF, this Amendment has been executed by City, Developer and Successor Agency as of the dates below.

CITY:

CITY OF YUBA CITY, a Municipal Corporation
By:

Diana Langley, City Manager
, 2024
ATTEST:

Ciara Wakefield, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER
By:

Shannon Chaffin, City Attorney
ORIGINAL DEVELOPER:

NOYAN PROPERTIES, L.P., a California
Limited Partnership
By: The Mehmet Noyan Corporation, a
California corporation
General Partner
By:

Mehmet Noyan, President
, 2024
SUCCESSOR DEVELOPER:

H-NYC, LLC, a California Limited Liability
Company
By: NOYAN PROPERTIES, L.P., a
California limited partnership
By: The Mehmet Noyan Corporation, a
California corporation
General Partner
By:

Mehmet Noyan, President
, 2024
SUCCESSOR AGENCY:

SUCCESSOR AGENCY TO THE YUBA CITY
REDEVELOPMENT AGENCY, a
Public Agency
By:

Diana Langley, Executive Director
, 2024
ATTEST:

Ciara Wakefield, Agency Secretary
APPROVED AS TO FORM:

ALESHIRE & WYNDER
By:

Shannon Chaffin, Agency Counsel
Exhibit A: Third Amendment to Disposition and Development Agreement, dated April 21, 2020

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Bogue Road Sewer Extension Project
Recommendation: Adopt a Resolution to:

A. Award a construction contract to Ranger Pipelines, Inc., of San Francisco, CA in the amount of their total bid for bid schedules A & B of $4,275,341.00 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 Inferrera Construction Management Group, Inc., of Shingle Springs, CA for Inspection Services in the amount of $188,219.00 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, subject to review and approval as to legal from by the City Attorney, and with the finding that it is in the best interest of the City
C. Award a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor Compliance Services in the amount of $20,000.00, subject to material terms, with the finding that it is in the best interest of the City
D. Authorize the Finance Director to make a budget transfer in the amount of $2,070,000 from CIP Account No. 1277 (Harter-Bridge Trunk Sewer) to CIP Account No. 1295 (Bogue Road Sewer Extension)
E. Authorize the Finance Director to appropriate a total of $4,000,000.00 in American Rescue Plan Act funds for wastewater obligations outlined in the Newkom Ranch Development Agreement
Fiscal Impact: $5,430,991.17 - Total Project Cost
$4,275,341.00 - Contract Award Amount
$ 855,068.20 - Construction Contingency (20%)
$ 216,451.85 - Construction Inspection (5%)
$ 20,000.00 - Labor Compliance (0.47%)
$ 64,130.12 - City Administration (1.5%)

Purpose:

Construct the Bogue Road Sewer Extension Project in accordance with the Newkom Ranch Development Agreement and City’s Wastewater Master Plan, facilitating future sewer connections within the Bogue Steward Master Plan area, and the City’s Sphere of Influence.

Council’s Strategic Goal:

This project addresses multiple City Council Strategic Goals: maintaining the financial stability and sustainability of the City, enhancing the business-friendly environment for the City, and developing the City’s infrastructure.

Background:

The Bogue Stewart Master Plan (BSMP) guides the orderly development of 741.5 acres located along the southerly edge of Yuba City and provides for a mix of residential and commercial uses, parks and recreational sites, and public facilities. On February 20, 2024, City Council approved an amended Newkom Ranch Development Agreement (19-01) for the development of approximately 161-acres east of State Route (SR) 99, south of Bogue Road. The amended development agreement requires the City to front the costs of improving Bogue Road from SR99 to Railroad Avenue, with the first phase of this improvement consisting of new sewer facilities.

The Bogue Road Sewer Extension portion (Project) proposes to extend critical sewer infrastructure along Bogue Road, west of Railroad Avenue, consistent with the BSMP, the Newkom Ranch Development Agreement, and the City Wastewater Master Plan.

The Project scope, as bid, includes the following Bid Schedules:

Bid Schedule Description
A Pump station and related appurtenances.

B Gravity sewer from Newkom Ranch to new Pump Station and discharge line from new Pump Station to existing City collection system.

C Dual 18-inch diameter force mains for full build-out of Wastewater Master Plan collection system in Bogue Road.

D Collection system for future connection of southern "keyhole" area and properties fronting Bogue Road.

Analysis:

The Bogue Road Sewer Extension Project was advertised for bids beginning October 21, 2024. Plans and specifications were posted on publicpurchase.com and provided to local builder/contractor exchanges. On November 19, 2024, three (3) bids were received and opened by the City Clerk. A list of the bids received for all bid schedules, along with the Engineer’s Estimate, are shown below:

Company Total Bid (Bid Schedules A-D)
Ranger Pipelines, Inc. $8,081,141.00
RCI General Engineering $8,777,825.00
Steve P. Rados, Inc. $9,906,000.00
Engineer’s Estimate $4,752,158.50
Ranger Pipelines, Inc. is the low, responsive, and responsible bidder.

The Engineer’s Estimate for this project was $4,752,158.50. The lowest responsive bid of

$8,081,141.00 exceeded the engineer’s estimate by approximately 70%. Bid analysis reveals continued cost increases in all areas of construction work with no indication of normalization in the near future.

Contractors indicate increases in valves, asphalt, concrete, pumps, pipe, lift station components, and raw materials prices are due to supply and demand shortages, labor shortages, and persistent inflation.

Award Options
The options to move the project forward are either to reject all bids and rebid the project with a modified (reduced) scope of work, provide additional funding to award all bid schedules, or award a combination of bid schedules that fits within the existing budget. Staff recommends awarding Bid Schedules A & B to Ranger Pipelines, Inc. in the amount of its total bid for these two bid schedules, as follows:
• Bid Schedule A: Sewer Lift Station $1,903,401.00
• Bid Schedule B: Gravity Sewer Main Improvements $2,371,940.00 Total: $4,275,341.00
Upon award, staff will further analyze options to also provide partial capacity for future developments west of SR 99 and will return to Council for any necessary authorizations. Provisions for accommodating full Wastewater Master Plan build-out capacity, future "keyhole" connections, or connections for properties fronting Bogue Road cannot be funded at this time.

Project construction is expected to begin in Spring 2025 and continue through the end of 2025.

Construction Management and Inspection:

Construction of thousands of feet of various sized sewer mainlines and laterals, manholes, and a lift station require time sensitive and complex construction activities that will require full-time inspection to minimize construction delays and represent the City against potential construction claims. The inspection needs of this project exceed City staffing levels, especially considering all of the other planned capital improvement, development projects, and encroachment permits.

On October 24, 2024, staff requested a proposal from Inferrera Construction Management Group, Inc. (ICM) to provide inspection and testing services for the Bogue Road Sewer Extension Project. On December 3, 2024, ICM submitted their proposal for review. ICM is highly qualified and has a proven track record of providing inspection services on large and complex wastewater projects, including the City’s WWTF Improvements Project, Lift Station 2 Improvements Project, and the Garden Highway Trunk Line Rehabilitation Project. Additionally, ICM is extremely familiar with the City’s wastewater infrastructure, has been the selected consultant through traditional requests for proposals in the past, and its billing rates are competitive with the industry.

Staff recommends entering into a Professional Services Agreement with ICM in the amount of $216,451.85 which includes a 15% contingency ($188,219.00 + $28,232.85) to account for potential extra work due to time-sensitive work requiring overtime. The City will be billed for actual costs.

Construction management and contract administration will be performed by Public Works Department staff. Staff recommends contracting with the City’s approved professional labor compliance consultant, The Solis Group, for labor compliance services in order to comply with ARPA funding terms, in the amount of $20,000.00, including contingency to cover additional contract extensions as required during construction.

Fiscal Impact:

The estimated total project cost is approximately $5,430,991.17, which consists of the following components:

Construction Contract $4,275,341.00
Construction Contingency (20%) $ 855,068.20
Construction Inspection & Testing (5%) $ 216,451.85
Labor Compliance (0.47%) $ 20,000.00
City Administration (1.5%) $ 64,130.12
Total $5,430,991.17
Staff is proposing an $855,068.20 construction contingency, which equates to approximately 20% in contingency funds due to the complicated nature of installing deep sewer mains and a deep lift station, both of which present the risk of unforeseen construction conditions.

American Rescue Plan Act (ARPA) Funding:

Council authorized a total of $4 million in ARPA funds for two sewer projects, the Bogue Road Sewer Extension and the Harter-Bridge Sewer Extension. The ARPA funds must be obligated by December 31, 2024. Since the Harter-Bridge Sewer Extension project still requires right-of-way acquisition, the funds cannot be under contract by this deadline. Staff is requesting authorization to transfer $2 million in ARPA funds from the Harter-Bridge Sewer Extension to the Bogue Road Sewer Extension to allow the ARPA funds to be fully under contract by the deadline. The Harter-Bridge Sewer Extension will then be completed using a combination of development impact fees and wastewater funds. Staff is also requesting Council appropriate the $4 million in ARPA funds specifically to the City’s wastewater obligations outlined in the Development Agreement to further assure obligation requirements are met by the December 31 deadline.

The Bogue Road Sewer Extension project will be funded through CIP Account No. 1295 (Bogue Road Sewer Extension), as follows:

Fund Source Amount
Current
ARPA $1,877,000
Wastewater $1,484,000
Budget Transfers from CIP Account No. 1277 (Harter-Bridge Trunk Sewer) ARPA $2,000,000
Wastewater $ 70,000
Total $5,431,000
Currently, CIP Account No. 1295 has approximately $3.361 million in wastewater funding, consisting of approximately $1.877 million in American Rescue Plan Act of 2021 (ARPA) funds and approximately $1.484 million in wastewater funds. In order to fund the project, staff recommends transferring $2 million in ARPA funds and $70,000 in Wastewater Funds from CIP Account No. 1277 (Harter-Bridge Trunk Sewer). Staff is requesting authorization for the City Finance Director to make the necessary budget transfers to fund CIP Account No. 1295 (Bogue Road Sewer Extension).

Environmental:

On December 17, 2019, City Council adopted a Resolution certifying the Environmental Impact Report (EIR) (SCH#201712009) prepared for the Bogue Stewart Master Plan and the Newkom Ranch Large and Small Lot subdivisions, as required by the California Environmental Quality Act (CEQA).

On February 20, 2024, City Council adopted a Resolution certifying that the amendments to the Newkom Ranch Development Agreement 19-01 did not propose environmental impacts that were not

previously analyzed by the certified EIR.

The proposed sewer infrastructure improvements on Bogue Road between State Route 99 and Railroad Avenue falls within the Bogue Stewart Master Plan and Newkom Ranch areas, and are consistent with the existing adopted BSMP and certified EIR. Additionally, all the adopted mitigation measures as part of the certified EIR, will be implemented on this Project. Therefore, no additional environmental review is required for this Project.

Alternatives:

1. Reject the bids and delay/cancel the project.

2. Delaying/canceling the project will jeopardize ARPA funding.

Recommendations:

Adopt a Resolution to:

A. Award a construction contract to Ranger Pipelines, Inc., of San Francisco, CA in the amount of their total bid for bid schedules A & B of $4,275,341.00 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 Inferrera Construction Management Group, Inc. of Shingle Springs, CA for Inspection Services in the amount of $188,219.00 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, subject to review and approval as to legal from by the City Attorney, and with the finding that it is in the best interest of the City
C. Award a Professional Services Agreement to The Solis Group of Pasadena, CA for Labor Compliance Services in the amount of $20,000.00, subject to material terms, with the finding that it is in the best interest of the City
D. Authorize the Finance Director to make a budget transfer in the amount of $2,070,000 from CIP Account No. 1277 (Harter-Bridge Trunk Sewer) to CIP Account No. 1295 (Bogue Road Sewer Extension)
E. Authorize the Finance Director to appropriate a total of $4,000,000.00 in American Rescue Plan Act funds for wastewater obligations outlined in the Newkom Ranch Development Agreement Attachments:

1. Resolution - Bogue Road Sewer Extension Project

2. Exhibit A - (Draft) Ageement Contract No. 24-05

3. Exhibit B - (Draft) Professional Services Agreement - ICM

4. Exhibit C - (Draft) Professional Services Agreement - Solis Group Prepared By: Submitted By:

Nick Menezes
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY A CONSTRUCTION CONTRACT TO RANGER PIPELINES INC. IN THE AMOUNT OF $4,275,341.00, AWARDING

A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION INSPECTION

SERVICES TO INFERRERA CONSTRUCTION MANAGEMENT GROUP INC THE AMOUNT OF $188,219.00, AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR LABOR COMPLIANCE SERVICES TO THE SOLIS GROUP IN THE AMOUNT OF $20,000.00, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND

AGREEMENTS ON BEHALF OF THE CITY, SUBJECT TO REVIEW AND APPROVAL AS TO

LEGAL FORM BY THE CITY ATTORNEY FOR THE BOGUE ROAD SEWER EXTENSION PROJECT CONTRACT NO. 24-05
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Bogue Road Sewer Extension Project (Project); and,
WHEREAS, in response to the advertisement, the City received three (3) bids for the Project in the following bid amounts:

Ranger Pipelines, Inc. $8,081,141.00
RCI General Engineering $8,777,825.00
Steve P. Rados, Inc. $9,906,000.00; and
WHEREAS, the City Public Works Department reviewed the three (3) bids, and examined Ranger Pipelines, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder; and
WHEREAS, the City desires to award the bid to Ranger Pipelines, Inc. of San Francisco, CA and enter into an agreement with Ranger Pipelines, Inc. to construct Bid Schedules A & B of the Bogue Road Sewer Extension Project; and
WHEREAS, the City desires to award a contract for construction inspection services to Inferrera Construction Management Group, Inc. of Shingle Springs, Ca in the amount of $188,219.00 to ensure construction complies with funding requirements and project specifications; and
WHEREAS, the City desires to award a contract for labor compliance services to The Solis Group of Pasadena, CA in the amount of $20,000.00 to ensure compliance with funding requirements; and
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

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

2. The City Council of the City of Yuba City does hereby accept the three (3) bids received as noted above, finds that Ranger Pipelines, Inc., is the lowest responsive and responsible bidder, and awards the construction contract to Ranger Pipelines, Inc. in the amount of their total bid schedules A & B of $4,275,341.00 for the Bogue Road Sewer

Extension Project. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.

3. The City Council of the City of Yuba City awards a professional services agreement for construction and inspection services to Inferrera Construction Management Group, Inc. of Shingle Springs, CA in the amount of $188,219.00. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City subject to Caltrans Internal Office of Audits and Investigations approval.

4. The City Council of the City of Yuba City awards a professional services agreement for labor compliance services to The Solis Group of Pasadena, CA in the amount of $20,000.00, with a finding that it is in the City’s best interest.

5. The City Council of the City of Yuba City does hereby authorize the Finance Director to make a budget transfer in the amount of $2,070,000 from CIP Account No. 1277 (HarterBridge Trunk Sewer) to CIP Account No. 1295 (Bogue Road Sewer Extension).

6. The City Council of the City of Yuba City does hereby authorize the Finance Director to appropriate a total of $4,000,000.00 in American Rescue Plan Act funds to wastewater obligations outlined in the Newkom Ranch Development Agreement.

7. On February 20, 2024, City Council adopted a Resolution certifying that the amendments to the Newkom Ranch Development Agreement 19-01 did not propose environmental impacts that were not previously analyzed by the certified EIR. The proposed sewer infrastructure improvements on Bogue Road between State Route 99 and Railroad Avenue fall within the Bogue Stewert Master Plan and Newkom Ranch areas, are consistent with the certified Environmental Impact Report, and all the adopted mitigation measures as part of the certified EIR will be implemented on this Project.

Therefore, no additional environmental review is required for this Project.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December, 2024.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

A. Exhibit A – (Draft) Agreement – Contract 24-05
B. Exhibit B – (Draft) ICM Group Professional Services Agreement C. Exhibit C – (Draft) The Solis Group Professional Service Agreement

EXHIBIT A

CITY OF YUBA CITY

DEPARTMENT OF PUBLIC WORKS
DRAFT

CONTRACT AGREEMENT

BOGUE ROAD SEWER EXTENSION
CONTRACT NO. 24-05
THIS AGREEMENT, made and concluded this ____ day of _________________ 20___, between the City of Yuba City, party of the first part, and ________________, Contractor, party of the second part.

ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Department of Public Works, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated 2022, the Standard Plans dated 2022, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The Special Provisions and the project plans for the work to be done are entitled:

BOGUE ROAD SEWER EXTENSION
Which are hereby made part of this contract.

ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions

which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.

ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE VI. – The City of Yuba City hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.

ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Yuba City shall exercise general supervision.

ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract.

It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

BOGUE ROAD SEWER EXTENSION
CONTRACT NO. 24-05
Item
No. Item Description Est. Qty.

Unit of
Measure Item Price Total Amount
Bid Schedule A Sewer Lift Station Improvements
1 Mobilization/Demobilization 1 LS $80,000.00 $80,000.00 2 Class 2 Aggregate Base (0.50 -
feet)
88 (F)
TON $100.00 $8,800.00
3 Structural Concrete (Motor Control
Pad - 8 inches thick with #4 rebar
@ 12 Inch oc each way)
72 SF
$60.00 $4,320.00
4 Structural Concrete (Washdown
Pad- 8 inches thick with #4 rebar
@ 12 Inch oc each way)
100 SF
$60.00 $6,000.00
5 Structural Concrete (Generator
Pad - 9 inches thick with #4 rebar
@ 12 Inch oc each way)
24 SF
$120.00 $2,880.00
6 Minor Concrete (Area Around
Pump Station)
2,340 SF $20.00 $46,800.00
7 Pipe Bollards 8 EA $800.00 $6,400.00
8 8 Foot Solid Wall (includes
foundation)
185 LF $800.00 $148,000.00
9 20 Foot Wrought Iron Roll Gate 1 EA $15,000.00 $15,000.00 10 Slide Gate Operator Assembly
(Liftmaster 24VDC High-Traffic
Commercial Slide Gate Operator
or approved equal)
1 JOB
$5,000.00 $5,000.00
11 Class 2 Aggregate Base (0.67 -
feet)
62 (F)
TON $100.00 $6,200.00
12 1 Inch Water Service 1 EA $15,000.00 $15,000.00
13 Type W11 - 4 Inch Reduced
Pressure Backflow Preventer
1 EA $15,000.00 $15,000.00
14 8 Inch Sewer Wet Well Air Vent
Assembly
1 JOB $1,000.00 $1,000.00
15 Type SS1 - Sanitary Sewer
Manhole
2 EA $10,000.00 $20,000.00
16 8 Inch Epoxy Ductile Iron Pipe 100 LF $800.00 $8,000.00 17 12 Inch ASTM D3034 SDR 26
PVC Pipe
25 LF $900.00 $22,500.00

18 8 Inch Restrained Dismantling
Couplers (Romac Industries, Inc.

Style DJ400 with tie rods or equal)
2 EA
$2,500.00 $5,000.00
19 8 Inch Gate Valve 3 EA $2,500.00 $7,500.00
20 8 Inch Swing Check Valve (APCO
Model 6008A, APCO Model
6008CLW or an approved equal)
2 EA
$15,000.00 $30,000.00
21 Pump and Motor Assembly (Flygt
Pump N3153 MT or approved
equal - work includes pump,
bracket, supports, motor, wiring,
floats, lifting chain, soft start, VFD
and other improvement for pump
and motor)
2 JOB
$125,000.00 $250,000.00
22 Concrete Wet Well - 120 Inch
(Precast Polymer Concrete or
Lined Concrete Wet Well w/ Xypex
Lining or Equal)
1 EA
$670,000.00 $670,000.00
23 Valve Utility Box (8.0'x8.0') and Lid
Assembly (48"x72") (box and lid
shall meet H-20 and HL-93
loading)
1 EA
$20,000.00 $20,000.00
24 Valve Utility Box (8.0'x6.0') and Lid
Assembly (36"x60") (box and lid
shall meet H-20 and HL-93
loading)
1 EA
$20,000.00 $20,000.00
25 Motor Control, PLC, and Electrical
Panel (Includes PG&E service,
programming, conduit, concrete
pad, bollards, etc.)
1 JOB
$250,000.00 $250,000.00
26 80 kW/1000 kVA Diesel Generator
(Includes fuel tank,
FRAQMD/State air quality permit,
and enclosure)
1 EA
$60,000.00 $60,000.00
27 PG&E Service Pole, Transfer
Work, and Meter Panel
Coordination (Includes all
coordination work with PG&E for
point of connection)
1 JOB
$8,000.00 $8,000.00

28 All Other Work (items not
addressed in Items A.1 through
A.27)
1 JOB
$1.00 $1.00
29 Trench Sheeting, Shoring, and
Bracing, as required by Section
6707 of the California Labor Code)
1 LS
$100,000.00 $100,000.00
Total Bid Schedule ‘A’ =
Item
No. Item Description Est. Qty.

Unit of
Measure Item Price Total Amount
Bid Schedule B – Gravity Sewer Main Improvements
1 Mobilization/Demobilization 1 LS $100,000.00 $100,000.00 2 Traffic Control 1 LS $85,500.00 $85,500.00
3 Construction Area Signs 1 LS $5,000.00 $5,000.00
4 Asphalt Concrete (Type A)
(0.33 - feet) 90 TON $570.00 $51,300.00
5 Class 2 Aggregate Base (1.83 -
feet) 520 TON $65.00 $33,800.00
6 8 Inch ASTM D3034 SDR 26
PVC Pipe 151 LF $400.00 $60,400.00
7 8 Inch AWWA C-900 PVC 235
PSI DR 18 PVC Pipe - Green or
8 Inch Epoxy Ductile Iron Pipe
37 LF $425.00 $15,725.00
8 10 Inch ASTM D3034 SDR 26
PVC Pipe 937 LF $400.00 $374,800.000
9 10 Inch AWWA C-900 PVC 235
PSI DR 18 PVC Pipe - Green or
10 Inch Epoxy Ductile Iron Pipe
306 LF $425.00 $130,050.00
10 12 Inch ASTM D3034 SDR 26
PVC Pipe 761 LF $850.00 $646,850.00
11 18 Inch ASTM F679 PS115
PVC Pipe 119 LF $525.00 $62,475.00
12 10 Inch Stainless Steel Ball
Valve 1 EA $30,000.00 $30,000.00
13 10 Inch Resilient Wedge Type
Gate Valve 1 EA $6,000.00 $6,000.00
14 Type SS1 - Sanitary Sewer
Manhole 8 EA $20,000.00 $160,000.00
15 Type SS3 - Sanitary Sewer
Service 11 EA $7,000.00 $77,000.00

16 Type SS4 - Sanitary Sewer
Cleanout 2 EA $5,000.00 $10,000.00
17 Connect to Existing Sewer 1 EA $10,000.00 $10,000.00 18 Dewatering and Non-Storm
Water Discharge Control 1 JOB $10,000.00 $10,000.00
19 Type A Trench Restoration
(Import Backfill and Bedding
Per TR1 and TR3 to new road
section)
2,311 LF $140.00 $323,540.00
20 SWPPP - Construction Waste
Management 1 LS $1,000.00 $1,000.00
21 SWPPP - Temporary Silt Fence 150 LF $10.00 $1,500.00 22 SWPPP - Temporary Stabilized
Construction Site Access 1 EA $2,000.00 $2,000.00
23 Trench Sheeting, Shoring, and
Bracing, as required by Section
6707 of the California Labor
Code)
1 LS $175,000.00 $175,000.00
Total Bid Schedule ‘B’ =
Item
No. Item Description Est. Qty.

Unit of
Measure
Item
Price
Total
Amount
Bid Schedule C – 18-Inch Sewer Force Main Improvements
1 Mobilization/Demobilization 1 LS
2 Traffic Control 1 LS
3 Construction Area Signs 1 LS
4 Asphalt Concrete (Type A) (0.33
- feet)
520 TON
5 Class 2 Aggregate Base (1.83 -
feet)
2,850 TON
6 18 Inch AWWA C-900 PVC 235
PSI DR 18 PVC Pipe - Green or
18 Inch Epoxy Ductile Iron Pipe
5,120 LF
7 18 Inch Resilient Wedge Type
Gate Valve
5 EA
8 18 Inch Stainless Steel Ball
Valve
1 EA

9 Type V750 Sewage Air and
Vacuum Valve
4 LF
10 Type A Trench Restoration
(Import Backfill and Bedding Per
TR1 and TR3 to new road
section)
5,120 LF
11 Trench Sheeting, Shoring, and
Bracing, as required by Section
6707 of the California Labor
Code)
1 LS
Total Bid Schedule ‘C’ =
Item
No. Item Description Est. Qty.

Unit of
Measure
Item
Price
Total
Amount
Bid Schedule D – 6-Inch Gravity Sewer Improvements for Existing Homes 1 Mobilization/Demobilization 1 JOB
2 Traffic Control 1 LS
3 Construction Area Signs 1 LS
4 Asphalt Concrete (Type A) (0.33
- feet)
220 TON
5 Class 2 Aggregate Base (1.83 -
feet)
1,230 TON
6 6 Inch ASTM D3034 SDR 26
PVC Pipe
1,140 LF
7 Type SS1 - Sanitary Sewer
Manhole
3 EA
8 Type SS3 - Sanitary Sewer
Service
10 EA
9 Type SS4 - Sanitary Sewer
Cleanout
1 EA
10 Type A Trench Restoration
(Import Backfill and Bedding Per
TR1 and TR3 to new road
section)
1,140 LF
11 Trench Sheeting, Shoring, and
Bracing, as required by Section
6707 of the California Labor
Code)
1 LS
Total Bid Schedule ‘D’ =
TOTAL AMOUNT BID (BID SCHEDULES A + B + C + D) =

City Attorney, City of Yuba City

CITY OF YUBA CITY CONTRACTOR
Diana Langley Company Name
City Manager
Date By and Title (signature)
Date
By and Title (printed)
Address
Telephone Number

EXHIBIT B

DRAFT

PROFESSIONAL SERVICES AGREEMENT
Bogue Road Sewer Extension Project – Construction Inspection & Testing Services
This Agreement is made and entered into as of , 2024, by and between the City of Yuba City, a municipal corporation (“City”) and Inferrera Construction Management Group, Inc. (ICM) (“Consultant”).

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

AGREEMENT

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

See Attached Scope of Services
(Exhibit A)

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

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred Eighty-Eight Thousand, Two-Hundred Nineteen Dollars ($188,219.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were

performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

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

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

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request. * Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

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

10.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.

Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

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

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

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

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

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

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

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

If to City Benjamin Moody
Public Works & Development Services Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4626
If to Consultant: Jeffrey Inferrera
Principal
Inferrera Construction Management Group, Inc.
7040 Settlers Trail
Shingle Springs, CA 95682
(916) 792-9871

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

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

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

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

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

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

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

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

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

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

26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

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

28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

CITY OF YUBA CITY: CONSULTANT:

By:_____________________________ By:_________________________ Diana Langley Jeffrey Inferrera
City Manager Principal
Inferrera Construction Management Group, Inc.

Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements

Exhibit A
Scope of Services

ICM
7040 Settlers Trail
Shingle Springs, CA 95682
www.icmgroupusa.com Phone 916-792-9871
December 3, 2024
Mr. Nicholas Menezes, PE
City of Yuba City
Public Works Department
1201 Civic Center Blvd.

Yuba City, CA 95993
RE: Proposal for Inspection Services for the Bogue Road Sewer Extension Project Dear Mr. Menezes,
Thank you for the opportunity to present this proposal for inspection services for the City’s Bogue Road Sewer Extension (Project). Inferrera Construction Management Group, Inc. (ICM) has worked on numerous City projects over the past several years. We have helped you successfully complete the Wastewater Treatment Plant Improvements Project, the Flow Meter Project, the Garden Highway CIPP Project, the Lift Station 2 Rehabilitation Project, and other projects. We are excited to have an opportunity to work on this important new Project.

Project Understanding and Approach
We have visited the project site, reviewed the plans and specifications and provided comments on the bid documents during bid time. ICM understands the primary objectives of this Project are:
• Installation of 3,000 linear feet of various sized gravity sewer pipe. • Installation of 5,500 linear feet of various sized sewer force main pipe and various valves and fittings associated with the sewer force main.
• A new wastewater lift station.
• Construction of 14 new sanitary sewer manholes.
• Installation of new sewer stub outs and lateral connections for future homes.

We recognize that the new sewer pipeline is within the roadway of Bogue Road and traffic control will be very important. Also important will be the proper coordination of the tie-in with the startup of the new sewer lift station.

Based on the specifications, the Project is to adhere to a specific order of work and fulfilment of milestones as follows:

Schedule A - Lift station construction needs to be completed within 120 working days of NTP.

Schedule B - The gravity pipeline construction needs to be completed within 45 working days of commencing trenching in Bogue Road for the gravity pipeline.

Schedule C - The 18-inch dual force main construction also needs to be completed within 45 working days of commencing trenching in Bogue Road for the force main.

Schedule D - The 6-inch gravity sewer construction needs to be completed within 30 working days of commencing trenching in Bogue Road for this bid schedule items.

Based on the given schedule and timeline, it is anticipated that the Contractor will mobilize two crews – one for the lift station work and one for the pipeline work. We believe, for this project, one inspector will be able to handle both crews. ICM inspectors are experienced handling multiple crews and splitting their time wisely between them.

Our inspectors are experienced with ProCore, familiar with City staff, City facilities, and City procedures. Youngdahl Consulting Group, Inc. is part of our team and will perform material testing.

The design was completed by MHM Engineers and the estimated cost is $5,000,000. The lowest bidder is Ranger Pipeline at $8,081,141. The Contract Time for Completion is 120 working days.

We anticipate the Notice To Proceed (NTP) to be issued on February 3rd and the contractor will mobilize on April 1st to allow sufficient time for material procurement.

Inspection Staff
Construction Inspector
We propose Paul Lopez as your inspector. Mr. Lopez has been the primary ICM inspector on many projects with the City of Yuba City. His familiarity with the City and understanding of the City’s expectations will be an invaluable asset for a successful completion of this Project. He has 30 years of industry experience including VCP pipeline construction, road work and traffic control, lift station construction with experience in all related electrical, mechanical, plumbing, HVAC and structural components. In the field, Mr. Lopez works well alongside contractors, evaluating their plan for executing the project, addressing issues ahead of time, coordinating inspections, and keeping detailed daily reports. He is mindful of keeping the owner abreast of issues that arise in the field and working with owner and contractor to find a proper solution. We are confident that Mr. Lopez will be a great fit for this Project.

Electrical Inspector
We propose Akil Barris as your electrical inspector. Mr. Barris has 15 years of experience in the wastewater industry, is ICC Electrical certified and experienced with lift stations. He is very detail oriented and will be a valuable asset to the Project Team.

Backup Inspector
Keith DeLapp will be our backup inspector. Mr. DeLapp has worked with Mr. Lopez on the City's Garden Highway CIPP Project. He has extensive experience in sanitary sewer pipelines and lift stations. He has worked on roadways, understands traffic control, and works well with contractors.

Material Testing
Youngdahl Consulting Group, Inc. will provide compaction and material testing services for the Project. Youngdahl is a full-service geotechnical engineering and materials testing firm. They have a fully certified laboratory, and a large staff of inspectors certified in compaction, concrete and asphalt testing.
2

Project Experience
ICM has completed numerous projects similar to the City’s Project, involving VCP pipelines, road work, and lift station construction including a pipeline and pump station for Sacramento County, five Delta Diablo lift stations, two El Dorado Irrigation District lift stations, and eight sewer pipeline replacement projects with Central San. We have completed numerous other projects involving new lift stations, VCP pipelines and road work. The following are reference projects:
• Lift Station 2 Rehabilitation – City of Yuba City
• Van Maren Pumping Station – Sacramento County
• Church Street and Pump Station 26 Collection System Project – City of Roseville • Pump Station Facility Rehabilitation – Delta Diablo Sanitation District • Carson Creek 1 Lift Station Project – El Dorado Irrigation District • Bridlewood Lift Station Project – El Dorado Irrigation District • Oak Avenue Pump Station Phase II – City of Folsom
• Lake Forest Pump Station – City of Folsom
• Eight Sanitary Sewer Pipeline Replacements – Central Contra Costa Sanitary District Central San New Sewer Manhole
Central San Sewer Pipeline in Road
Lake Forest Pump Station Wet Wells
Delta Diablo Pump Station Piping
3

Scope of Services
Our Scope of Work will consist of the following Tasks:

Task 1. Project Startup
Project Startup, ICM will perform the following:
a) Attend pre-construction meeting.
b) Photographic documentation of pre-construction conditions.

Task 2. Construction Inspection
ICM's inspector will provide as needed inspection. Inspector will provide the following services:
a) Inspect the work and enforce the contract requirements as well as codes and regulations. b) Take daily photographs.
c) Provide a daily report.
d) Coordinate with City and Operations staff.
e) Coordinate with City for material testing.

Task 3. Material Testing
Youngdahl will provide the following services:
a) Concrete testing
b) Compaction testing
Task 4. Project Closeout
Project Closeout activities consist of the following:
a) Develop and maintain the punchlist.
b) ICM will transfer inspection files to the City.

Exclusions
a) Surveying and survey stakeout.
b) ICM does not guarantee that our inspector will review all components of the work. c) ICM is not responsible for Contractor's safety or safety program. d) ICM is not responsible for Contractor's schedule.
e) Engineering services during construction such as RFI and submittal review. f) Inspector apprentice, if required by State DIR or other entity. 4

Our Estimated Budget Table, developed specifically for this Project based on the specified schedule and timeline, is attached as well as a Fee Schedule. Since the NTP will be issued months earlier than contractor mobilization, we assume that when work commences, full-time inspection will be needed. We also anticipate, given the time constraints for completion of all Schedules, that full-time inspection will be required for the entire duration of the Project. Please note that we assume an 8-hour work day and have not budgeted for overtime.

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

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

Sincerely,
Inferrera Construction Management Group, Inc.

Jeffrey Inferrera, PE, RCI
President
Attachments:

Budget Estimate
ICM Fee Schedule
Youngdahl Fee Schedule
5

City of Yuba City
Bogue Road Sewer Extension
ICM's Estimated Budget for Inspection Services
April May June July August September Total Total
Role Team Member Hours Hours Hours Hours Hours Hours Hours Rate Budget Construction Inspector Paul Lopez 176 168 160 176 168 112 960 $ 170 $ 163,200 Electrical Inspector Akil Barris 0 0 0 8 8 8 24 $ 180 $ 4,320 Administration 8 4 4 4 4 8 32 $ 85 $ 2,720
Compaction & Material Testing* Youngdahl $ 12,897
Subconsultant Markup 5% $ 645
Vehicle $ 3,000
Field Computer, Monthly 1 1 1 1 1 0.75 5.75 $ 100 $ 575 Field Phone/Internet, Monthly 1 1 1 1 1 0.75 5.75 $ 150 $ 863 Grand Total Budget $ 188,219
2-Dec-23 ICM
Year 2025
*Assumed ten, 8-hour site visits for soil compaction testing, three CLSM samples, additional time for report preparation. Charge for travel to site included in total 6

Inferrera Construction Management Group, Inc.

Fee Schedule
For City of Yuba City
Bogue Road Sewer Extension Project
Labor Hourly Rates by Position
Construction Inspector $170
Electrical Inspector $180
Administrator $85
Expense Rates
Vehicle Note 3
Field Computer, Monthly $100
Field Phone/Internet, Monthly $150
Other ODCs billed separately
Administrative Fees
Expenses 0%
Subconsultants 5%
Notes:

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

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

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

4. This Rate Schedule is valid until December 31, 2025. After December 31, 2025, rates subject to 5% adjustment per year.
7

PREVAILING WAGE FEE SCHEDULE FOR PROFESSIONAL SERVICES (2024-2026)

PERSONNEL STANDARD RATE
Principal Engineer
Senior Engineer/Geologist/Scientist
Project Engineer/Geologist/Environmental Scientist
Staff Engineer/Geologist/Scientist
Field Supervisor
ICC/AWS/CWI/NDT Certified Special Inspector – Group 2
For Non-Prevailing Wage Tasks
Soils Engineering Technician ; ACI Groups 3 & 4
For Non-Prevailing Wage Tasks
Environmental Technician
QSD-Qualified SWPPP Developer
QSP-Qualified SWPPP Practitioner
Laboratory Manager
Senior Laboratory Technician
Laboratory Technician
Draftsperson
Clerical
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
228.00
185.00
172.00
162.00
162.00
152.00
131.00
136.00
107.00
116.00
156.00
116.00
162.00
126.00
102.00
112.00
106.00
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr
/hr

BASIS OF CHARGES
Equipment Charges:

All of the above rates are inclusive of routine test equipment.

Exceptions:
• Coring Machine
• Generator
• High Precision GPS Receiver
• Photo-Ionization Detector
• Skidmore
• Fireproofing Adhesion
- $200/day
- $75/day
- $150/day
- $100/day
- $100/day
- $25/test
Hours are billed portal to portal in accordance with the following minimum charges:
• Times are rounded up to the nearest ½ hour.
• 2-hour minimum on-site charge for each site visit.
• 4-hour minimum on-site charge for weekend work.
• 2-hour minimum charge for work scheduled that was not cancelled by 5pm the day before.

Overtime:
• Over eight (8) hours a day
• Saturdays
• Over eight (8) hours on Saturdays
• Sundays and Holidays
• Over twelve (12) hours a day
• Night Work 5:00 pm – 5:00 am
- 1.5 x hourly rate
- 1.5 x hourly rate
- 2.0 x hourly rate
- 2.0 x hourly rate
- 2.0 x hourly rate
- $10+ hourly rate
Mobilization Charge:

A mobilization charge of $ 80.00/site visit will be added for all projects requiring site visits within 40 miles of our corporate yard. For projects beyond 40 miles, a mileage fee will be assessed at $0.95/mile portal to portal per visit from our corporate headquarters address to the project site. Distance will be determined by Google Maps quickest calculated distance.
8

BASIS OF CHARGES (Cont.)
Expert Witness Services:

Mediation, arbitration, deposition, expert witness testimony and public hearing attendance will be billed at 2 times normal hourly rates in 4-hour incremental blocks.

Rush Charges:

Field:

An additional 1 hour of field time at the appropriate personnel rate may be charged to expedite work which requires dispatching after 4:30 pm of the previous day, or the same day, as requested by the contractor or client.

Large Format Plotting:
• Color or Black & White - $12 minimum setup + 0.65 per sq. foot Miscellaneous Charges:
• Supplies and outside services are billed at cost +15% • Airfare, rental vehicles, lodging, and meals for authorized out-of-town travel, will be charged per person per day using the current IRS per diem rate applicable to the area. • Subcontracted work will be billed at cost +15%
• Projects with specialized accounting protocol required to be filled out for the client will be charged an additional 4% of the project budget
• Copying and distribution for project reporting includes 4 reports. If additional report copying is necessary, a $25.00 charge will be billed for each additional report • Projects requiring Level C PPE will be charged at 1.5 x normal hourly rate • $10.00 surcharge may be applied to normal rates for projects where naturally occurring asbestos (NOA) is present.

TERMS AND CONDITIONS:

Youngdahl Consulting Group, Inc. shall perform professional services in accordance with the generally accepted professional practice of its profession within the area where the work is performed on behalf of the client. Upon entering into this agreement many risks potentially affect Youngdahl Consulting Group, Inc. The principal risk is the potential for human error by Youngdahl Consulting Group, Inc. Client agrees to limit our liability to Client and to all other parties for damages arising from any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert-witness fees and costs shall be limited to $25,000.00 and Client further agrees to indemnify and hold harmless Youngdahl Consulting Group, Inc. from and against all liabilities in excess of monetary limit established above.
(Prevailing Wage Fee Schedule for Professional Services on Front of Sheet) 9

FEE SCHEDULE FOR LABORATORY SERVICES (2024-2026)
The following contains the soils and material testing prices for services rendered by Youngdahl Consulting Group, Inc. Prices are valid for 2024-2026. Unless noted, test prices include routine sample preparation, test set-up, performance of test, calculations, and reporting of results. Please call us at (916) 933-0633 for further information.

TEST TEST METHOD(S)1 UNIT PRICE ($)

SOILS TESTS
Classification and Index Properties
Sieve Analysis, Fine with No. 200 Wash
Sieve Analysis, Coarse and Fine Combined
Percent Passing No. 200 Sieve, Soil
Percent Passing No. 200 Sieve, Rocky Sample
D422, D6913, CTM 202, T88
D422, D6913, CTM 202, T88
D1140
D1140
$
$
$
$
145.00
230.00
105.00
200.00
Each
Each
Each
Each
Hydrometer Analysis
Atterberg Limits
Moisture Content
Moisture Content & Dry Density
Specific Gravity
Soil pH
Pinhole Dispersion
Organic Content
Soil Corrosion Properties*
(*Includes Soil pH, Minimum Resistivity, Chlorides, and Sulfates) D422, D7928
D4318, T89, T90
D2216, D4643
D7263
D854
D4972
D4647
D2974
CTM 417, 422, 643
$
$
$
$
$
$
$
$
$
260.00
230.00

25.00 50.00
260.00

50.00 775.00
155.00
225.00
Each
Each
Each
Each
Each
Each
Each
Each
Each
Moisture Density Relations-Compaction
Proctor – 4”
Proctor – 6”
California Impact
Check Point
D698, D1557, T99, T180
D698, D1557, T99, T180
CTM 216
$
$
$
$
325.00
325.00
325.00
205.00
Each
Each
Each
Each
Strength
Unconfined Compression
Unconfined Compression, Chemically-Treated
Quicklime Saturation (Eades and Grim)
Direct Shear, 3 Points
Triaxial Shear, UU
Triaxial Shear, CU (3 Points)
Resistance “R-Value”
Sample Preparation
D2166
D1633 (Mod), CTM373 (Mod)
C977, D6276
D3080
D2850
D4767
CTM 301, D2844
$
$
$
$
$
$
$
$
165.00
620.00
205.00
515.00
205.00
1,700.00
360.00
100.00
Each
Each
Each
Each
Each
Set
Each
Hour
Hydraulic Conductivity
Flexible Wall Permeability
Permeability (>10-3)
D5084
D2434
$
$
385.00
385.00
Each
Each
Consolidation/Swell
Consolidation
One-Dimension Swell or Collapse
One-Dimension Swell or Collapse
One-Dimension Swell or Collapse
Expansion Index
D2435
D4546, Method A
D4546, Method B
D4546, Method C
D4829
$
$
$
$
$
600.00
500.00
200.00
600.00
230.00
Each
Each
Each
Each
Each
NOTES
1 Test methods listed are as follows:
• Those beginning with a C, D, or E are ASTM International methods • CTM – California Test Method, California Department of Transportation • Those beginning with a T are AASHTO methods
• Those beginning with an MS are Asphalt Institute methods 2 Any testing where lime or cement is required to be added, cost of test may be increased by 20% 3 Rush Fee: 150% of standard unit price
10

TEST TEST METHOD(S)1 UNIT PRICE ($)

AGGREGATE TESTS
Sieve Analysis – Coarse (without wash)
Sieve Analysis – Fine (including wash)
Sieve Analysis – Coarse and Fine Combined
Percent Passing No. 200 Sieve
Specific Gravity and Absorption, Coarse
Specific Gravity and Absorption, Fine
Organic Impurities in Sand
Unit Weight, Loose or Rodded
Sand Equivalent
Crushed Particles (fractured faces) (per sieve size)
Flat and Elongated Particles (per sieve size)
Clay Lumps and Friable Particles
Los Angeles Abrasion Test
Durability Index
Durability, Coarse or Fine
Cleanness Value
Mortar Sand Strength
C136, CTM 202, T27
C136, CTM 202, T27
C136, CTM 202, T27
C117, T11
C127
C128
C40
C29
CTM 217, D2419
CTM 205, D5821
D4791
C142
C131, C535
CTM 229, D3744
CTM 229, D3744
CTM 227
CTM 515, C87
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
125.00
145.00
230.00
105.00
105.00
155.00

50.00 95.00
180.00
105.00
105.00
200.00
260.00
290.00
145.00
145.00
775.00
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each

CONCRETE/MASONRY TESTS
Concrete Compression (including mold)
Mortar Compression (including mold)
Grout Compression (including mold)
CLSM Compression (including mold)
Concrete Core Compression
Shotcrete Core Compression (including coring)
Core Height (Length/Thickness)
Modulus of Elasticity
Flexural Strength, Beam
Laboratory Trial Batch (incl. 9 compression tests)
Concrete Drying Shrinkage (set of 3)
Sample Cutting and Trimming (1/4 hour minimum)
CMU Dimension Verification
CMU Moisture Absorption/Unit Weight/Moisture
CMU Block Compression
CMU Composite Prism Compression
CMU Core Shear
C39
C780
C1019
D4832
C42
C1604
C1542
C469
C78
C192
C157 (Mod)
C140
C140
C140
C1314
CBC 2105A.4/5
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

50.00 50.00
100.00

50.00 70.00
105.00

15.00 350.00
105.00
2,060.00
515.00
100.00

75.00 75.00
105.00
180.00

60.00 Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Hour
Each
Each
Each
Each
Each

ASPHALT CONCRETE TESTS
Solvent Extraction, % Asphalt
Gradation of Extracted Aggregate
Unit Weight of Core or Briquette
Thickness of Core
Theoretical Maximum Specific Gravity (Rice Method)
AC Moisture Content
AC Air Void Determination
AC VFA Determination
AC VMA Determination
D2172, T164
D5444, T30
CTM 308, D2726,
D1188, T166, T275
D3549
D2041, CTM 309, T209
CTM 370, T329
D3203, T269
MS-2
MS-2
$
$
$
$
$
$
$
$
$
300.00
180.00

75.00 15.00
180.00

55.00 55.00

55.00 55.00
Each
Each
Each
Each
Each
Each
Each
Each
Each

MISCELLANEOUS
Fireproofing Density Test
Non-Masonry Mortar/Grout Compression Test
E605
C579
$
$
105.00

50.00 Each
Each
Bend and Tensile Test (up to #11 bar) $ 200.00 Each
11

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

DRAFT PROFESSIONAL SERVICES AGREEMENT
Bogue Road Sewer Extension Project – Labor Compliance Services This Agreement is made and entered into as of , 2024, by and between the City of Yuba City, a municipal corporation (“City”) and The Solis Group (“Consultant”).

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

AGREEMENT

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

See Attached Scope of Services
(Exhibit A)

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

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Fourteen Thousand, One Hundred-Six Dollars ($14,106.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request. * Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held