The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.
AGENDA
MAY 20, 2025
REGULAR MEETING
CITY COUNCIL
CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Marc Boomgaarden
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Toni Cole
CITY MANAGER ● Robert Bendorf
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
MAY 20, 2025
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_Sz0rLBfLQdaGCNRpG3jBJg. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda, if any, 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.
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. Retirement Proclamation - Jackie Lee, Yuba Sutter Chamber of Commerce
2. National Police Week Proclamation
3. Adventist Health and Rideout - Update on Project Hope Major Public Communication
4. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
5. Minutes of the April 15, 2025, Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council
Recommendation: Approve the Minutes of the April 15, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City
Council
6. Amend 2025 City Council Meeting Calendar
Recommendation: Approve the Amended 2025 City Council Meeting Calendar to include June 3 and June 17, 2025
7. Amendment with Kronick, Moskovitz, Tiedemann & Girard for Employment and Labor Attorney Services
Recommendation: Adopt a Resolution approving an amendment to the agreement with Kronick, Moskovitz, Tiedemann & Girard to increase the maximum compensation payable to $120,000 for Fiscal Year 2024-25
8. Compliance Report for State Mandated Annual Fire Inspections Recommendation: Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4
9. Renewal of School Resource Officer Contract with Yuba City Unified School District and the City of Yuba City
Recommendation: A. Adopt a Resolution of the City of Yuba City approving a School Resource Officer agreement with the Yuba City Unified School District
B. Authorize the Chief Financial Officer to make budget adjustments as necessary
10. AB 481 Annual Military Equipment Report
Recommendation: Adopt a Resolution accepting the 2024 Annual Report and continue to authorize the YCPD to use existing equipment that falls under the military equipment use policy (YCPD policy 707) which complies with the requirements of AB 481
11. 2024 Beverage Container Recycling Grant Recommended Expenditures Recommendation:
A. Adopt a Resolution authorizing receipt, allocation and expenditure of the 2024 Beverage Container Recycling
Grant
B. Authorize the Finance Director to make budget
adjustments as necessary
12. Active Transportation Plan - Contract Award
Recommendation: Adopt a Resolution which takes the following actions:
A. Awards a Professional Services Agreement to Fehr &
Peers, of Roseville, CA for the Active Transportation Plan in the amount of $313,500, subject to material terms, with the finding that it is in the best interest of the City B. Authorizes the Finance Director to make a supplemental appropriation in the amount of $30,000 from unallocated Transportation Development Act funds to CIP Account
No. 911338-65501
13. Richland Village Affordable Housing Funding - Supplemental Appropriation Recommendation: Adopt a Resolution to:
A. Authorize the Finance Director to make supplemental
appropriation of $1,000,000 to Fund 298 Account 6098-
65305 to fulfill the City’s commitment to Regional Housing Authority (RHA) for Richland Village Affordable Housing and;
B. Authorize the City Manager or designee to approve the necessary documents for processing the payment of the
capital funds grant to Regional Housing Authority
Business Items
14. AB 2561 - Status of Vacancies, Recruitment and Retention Efforts Recommendation: Receive a report from City staff on the status of vacancies and recruitment and retention efforts; and conduct a Public Hearing as required by Government Code Section 3502.3
15. Plumas Street Water Tower Plaza (Construction Contract Award) Recommendation: Adopt a Resolution which takes the following actions:
A. Awards a construction contract to North Star Construction of Yuba City, CA based on the base bid with a reduced
scope, plus Alternate Bid Schedule 1 with a reduced
scope, in the amount of $1,768,489, with a 5%
contingency, and rejection of bid if not accepted
B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
C. Authorizes the Finance Director to make necessary
budget transfers or supplemental appropriations to fund the Plumas Street Water Tower Plaza Project
16. Plumas Street Overlay District
Recommendation: Initiate a Municipal Code amendment to establish an Overlay District in downtown Yuba City from Colusa Avenue (State Hwy 20) to Bridge Street and along Center Street, to prohibit new tobacco and vape retailers as well as the sale of alcohol for offsite consumption to promote better health, entertainment, and a family friendly environment
17. Planning Division Fee Schedule Update
Recommendation:
A. Conduct a Public Hearing to receive comments on a
proposed Planning Fee Schedule Update and after
consideration;
B. Adopt a Resolution amending the Schedule of Fees and Charges for Planning Services beginning fiscal year
25/26
Future Agenda Items
18. 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
19. City Manager's Report
20. City Council Reports
Adjournment
PROJECT HOPE MAJOR
UPDATE
Presented by:
Chris Champlin, President
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:
Ciara Wakefield, City Clerk
[email protected]
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Kristi Morales , Administrative Analyst Summary
Subject: Minutes of the April 15, 2025, Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council
Recommendation: Approve the Minutes of the April 15, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council
Fiscal Impact: None
Attachments:
1. 04-15-2025 City Council Regular Meeting Agenda - DRAFT Prepared By: Submitted By:
Kristi Davis
Deputy City Clerk
Robert Bendorf
Interim City Manager
ATTACHMENT 1
MINUTES (DRAFT)
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
CITY COUNCIL - CITY OF YUBA
CITY APRIL 15, 2025
5:30 P.M. CLOSED
SESSION SUTTER
ROOM/VIRTUAL
6:00 P.M. REGULAR
MEETING COUNCIL
CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Shaw at 5:30 PM Roll Call:
Present: Mayor Shaw and Councilmembers Boomgaarden, Cole, Kirchner, and Pasquale
Absent: None
Closed Session
A. Confer with Real Property Negotiator (Government Code §54956.8) Property: 433 Plumas Boulevard, Yuba City, California 95991 (APN 052-380-025) Negotiator: Robert Bendorf, Interim City Manager
Negotiating parties: Sutter Health
Under negotiation: Price and terms of payment and development No public comment received
Regular Meeting
Call to Order
The Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council was called to order by Mayor Shaw at 6:03 PM
Roll Call:
Present: Mayor Shaw and Councilmembers Boomgaarden, Cole, Kirchner, and Pasquale
Absent: None
Invocation/Inspiration
Ron Forternberry YCPD Chaplin
Pledge of Allegiance to the Flag
Interim Police Chief Jim Runyen
City Attorney's Report on Closed Session Items
No reportable action
Ceremonial Presentations
1. National Public Safety Telecommunicators Week – Proclamation Mayor Shaw presented a proclamation to the Yuba City Police Telecommunication Unit Public Communication
2. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 3-12
3. Minutes of the March 18, 2025 Regular Meeting of the City Council and the March 18, 2025 Special Meeting of the Successor Agency to the Redevelopment Agency and City Council and Minutes of the April 1, 2025 Regular Meeting of the City Council
Approve the Minutes of the March 18, 2025, Regular Meeting of the City Council and the March 18, 2025, Special Meeting of the Successor Agency to the Redevelopment Agency and City Council and Minutes of the April 1, 2025 Regular Meeting of the City Council
[Item 4 moved to Business Items]
4. 2025 Resurfacing Project (Plans & Specifications)
Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2025 Resurfacing Project
5. Fiscal Year 25/26 Chemical Award
Adopt Resolution 25-041 which takes the following action:
A. Award bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 25/26 formal bid for the period of July 1, 2025 through June 30, 2026; and
B. Authorize the City Manager to negotiate and amend the awarded contracts as needed during the fiscal year, including to adjust unit prices, with the finding that it is in the best interest of the City
6. 2025 City Hall Holiday Closure
Adopt Resolution 25-042 authorizing the closure of City Hall from
November 24, 2025 through Friday, November 28, 2025,Monday, December 22, 2025 through Friday, December 26,2025, and Thursday, January 1, 2026 through Friday, January 2,2026
7. Public Works Fiscal Year 24/25 New Classifications
Adopt Resolution 25-043, which takes the following actions:
A. Approve a side letter with the Public Employees’ Union, Local 1/AFSCME 57 bargaining unit to modify their represented classifications to accommodate the new classifications approved by Council in the Fiscal Year 24/25 operating budget for the Public Works Department
B. Authorize the Finance Director to amend the salary schedule to establish new classifications reflecting the personnel changes approved by Council in the Fiscal Year 24/25 operating budget
C. Reclassify the incumbent Administrative Analyst III in the Public Works Department impacted by the new Public Works Administrative Manager classification adopted in the Fiscal Year 24/25 operating budget
8. Sutter County Liaison Appointment to the Yuba City Planning Commission Confirm the appointment of Karri Campbell to the Yuba City Planning Commission as a non-voting Liaison for 2025, in accordance with City Ordinance No. 006-25
9. Bogue Road Sewer Extension Project - Professional Services Contract Amendment & Change Order Authorization
Adopt Resolution 25-044 which takes the following actions:
A. Authorize Amendment No. 1 to the professional services agreement with MHM, Inc. of Marysville, CA for Engineering Services During Construction in the amount of $262,657.00, subject to material terms, review and approval as to legal form by the City Attorney, and with the finding that it is in the best interest of the City
B. Authorize the Finance Director to make a budget transfer in the amount of $262,657.00 from CIP Account No. 981104 to CIP Account No. 981295 C. Authorize the Public Works Director to negotiate and execute change orders to the Contract with Ranger Pipelines, Inc. for providing a single 18-Inch diameter sanitary sewer forcemain to ultimately serve properties west of State Route 99, utilizing the previously authorized construction contingency funds for the Bogue Road Sewer Extension Project
10. City Housing Loan Program Funds - Supplemental Appropriation Authorize the Finance Director to make a supplemental appropriation of $316,446 to Fund 205 Account 6390-65305, and $59,110 to Fund 203 Account 6031-65305
11. Purchase of Playground Equipment for Patriot Park
Adopt Resolution 25-045 which takes the following actions:
A. Adopts a CEQA Class 2 Categorial Exemption
B. Award the playground equipment purchase for Patriot Park to Miracle Playsystems in the amount of $151,637.78 through Sourcewell contract 010521-LTS, with the finding that it is in the best interest of the City C. 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
12. Cancelation of May 6, 2025 Regular Meeting of the City Council Cancel the May 6, 2025 Regular Meeting of the City Council The motion was passed unanimously
Business Items
[Item 4 pulled from Consent Calendar for separate discussion]
4. 2025 Resurfacing Project (Plans & Specifications)
Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications, and authorizing advertisement for bids for the 2025 Resurfacing Project
The motion was passed unanimously
13. Water System Consolidation – Oswald Tudor Fire Station #8 Councilmember Pasquale moved and Vice mayor Boomgaarden seconded the motion to:
Adopt Resolution 25-046 authorizing the Public Works Director to sign a letter of intent to serve the Oswald Tudor Fire Station #8 with City water and submit to the Sutter Local Agency Formation Commission
The motion was passed unanimously
14. Community Sponsorship Request- BMLC
Vice mayor Boomgaarden moved and Councilmember Pasquale seconded the motion to:
Adopt Resolution 25-047 to approve a monetary sponsorship request from the Beale Military Liaison Council, Inc., in the amount of $2,500.00 The motion was passed unanimously
Future Agenda Items
15. Future Agenda Items
Councilmember Pasquale inquired about the recent Police Department bust and how the resulting funds can be used. Interim Chief Runyen provided a response Reports and Communications
16. City Manager's Report
17. City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Boomgaarden
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council at 6:56 PM
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: Amend 2025 City Council Meeting Calendar
Recommendation: Approve the Amended 2025 City Council Meeting Calendar to include June 3 and June 17, 2025
Fiscal Impact: None
Purpose:
To amend the City Council Meeting Calendar for 2025.
Background:
The Yuba City Municipal Code Section 2-1.01 sets the Regular Meetings of the City Council to occur on the first and third Tuesday of each month at 6:00 p.m. (5:00 p.m. for any Closed Session items) in the Council Chambers. Special Meetings or Workshops may be called at any time by the Mayor or by a majority of the members of the Council.
In order to allow the City Council to determine their schedules in advance and to allow staff to prepare for meetings and workshops more efficiently, City Council typically approves the Regular Council Meeting Calendar before the new year starts. On November 19, 2024, City Council approved the 2025 City Council Meeting Calendar which included two erroneous meeting dates: June 10th and June 24h.
These dates were highlighted in error. Regular Meetings of the City Council should continue to occur on the first and third Tuesdays of each month at 6:00 p.m. The correct meeting dates for June 2025 are June 3rd and June 17th. The amended calendar is attached for reference.
Analysis:
Update the Regular Meeting Calendar of the City Council to reflect the correct meeting dates of June 3rd and June 17th, 2025.
Alternatives:
1. Keep the alternative schedule for June 2025
2. Suggest alternate meeting dates
Fiscal Impact:
No fiscal impact
Recommendation:
Approve the Amended 2025 City Council Meeting Calendar to include June 3 and June 17, 2025.
Attachments:
1. 2025 Calendar at a Glance (Amended)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk
Robert Bendorf
Interim City Manager
ATTACHMENT 1
Council Meeting
Special Meeting/Workshop
Holiday/City Hall Closure
2025 AT A GLANCE
City Council Meeting Calendar
JANUARY
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
FEBRUARY
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
MARCH
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
APRIL
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
MAY
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
JUNE
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
JULY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
AUGUST
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 SEPTEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
OCTOBER
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
NOVEMBER
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 DECEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Gina Rowland, Interim Human Resources Director Summary
Subject: Amendment with Kronick, Moskovitz, Tiedemann & Girard for Employment and Labor Attorney Services
Recommendation: Adopt a Resolution approving an amendment to the agreement with Kronick, Moskovitz, Tiedemann & Girard to increase the maximum compensation payable to $120,000 for Fiscal Year 2024-25
Fiscal Impact: This recommended action increases the maximum compensation payable in Fiscal Year 2024-25 by $25,000. This increased cost will be absorbed within the existing budgeted amounts in Fund 1210, Attorney Services, in the General Fund.
Purpose:
To ensure that Kronick, Moskovitz, Tiedemann & Girard can continue providing the City with legal representation in connection with two employee disciplinary actions appealed to the Yuba City Personnel Board.
Council's Strategic Goal:
This recommendation addresses the City Council's Strategic Goal of Fiscal Responsibility.
Background:
The City entered into an agreement with Kronick, Moskovitz, Tiedemann & Girard ("Kronick") on September 9, 2024 for employment and labor law attorney services. Specifically, the agreement provides representation, legal advice, and consultation to the City Manager, Department Heads and City staff as requested or required. The maximum compensation payable under the agreement is $95,000 per fiscal year. Due to extenuating circumstances this year, the City is already close to reaching the $95,000 compensation limit. With two months remaining in the fiscal year, it is necessary to increase the maximum compensation under the agreement to ensure that Kronick can continue providing the City with legal representation in connection with two employee disciplinary actions appealed to the Yuba City Personnel Board that are anticipated to be scheduled in May and June.
Analysis:
The City Manager has the authority under the City’s purchasing rules to enter into contracts that do not exceed $100,000 compensation in a fiscal year. Since the maximum compensation under this agreement is recommended to be increased to $120,000, the amendment requires City Council approval.
Fiscal Impact:
This recommended action increases the maximum compensation payable in Fiscal Year 2024-25 by $25,000. This increased cost will be absorbed within the existing budgeted amounts in Fund 1210, Attorney Services, in the General Fund.
Alternatives:
The Council could not approve the amendment to the agreement, and direct staff to find alternate representation before the Yuba City Personnel Board. This alternative is not recommended.
Recommendation:
Adopt a Resolution approving an amendment to the agreement with Kronick, Moskovitz, Tiedemann & Girard to increase the maximum compensation payable to $120,000 for Fiscal Year 2024-25.
Attachments:
1. Attachment 1 - Amendment to Kronick Agreement
2. Attachment 1A - Kronick Agreement
3. Attachment 2 - Resolution to Approve Amendment to Agreement with Kronick Prepared By: Submitted By:
Gina Rowland
Interim Human Resources Director
Robert Bendorf
Interim City Manager
ATTACHMENT 1
AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) is made and entered into this ____ day of May, 2025, by and between the CITY OF YUBA CITY, a public body, hereinafter referred to as “CITY,” and KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, hereinafter referred to as “CONSULTANT.”
RECITALS
A. CITY and CONSULTANT entered into an “Agreement for Professional Services” dated September 9, 2024 (“Agreement”).
B. Said Agreement identifies primary responsibilities of the CONSULTANT as the City’s Human Resources and Employment attorney in Exhibit A, attached hereto.
C. The Agreement provides that the compensation paid to CONSULTANT shall not exceed $95,000 per fiscal year without additional written authorization from the City.
D. For Fiscal Year 2024-2025, the CITY may require additional attorney services that exceed the compensation limit, and therefore, an amendment to the Agreement is necessary to ensure continuity of legal services and avoid undue prejudice to pending matters.
AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the CITY and CONSULTANT agree as follows:
Section 1. Paragraph 3 of the Agreement is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
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 $95,000 per fiscal year without additional written authority from the City, except that for Fiscal Year 2024-25, Consultant’s compensation shall not exceed $120,000. 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.
Section 4. Except as expressly provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. A copy of the Agreement is attached hereto as Exhibit A and, except as otherwise amended in this Amendment, is incorporated as though set forth in full herein.
IN WITNESS WHEREOF, the Parties have caused their authorized representatives to execute this Amendment as of the day and year first above-written.
CITY OF YUBA CITY
By:_________________________________
Robert Bendorf, Interim City Manager
CONSULTANT
By:______________________________
Ian Sangster, Sharerholder
KRONICK, MOSKOVITZ,
TIEDEMANN & GIRARD
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
ATTACHMENT 2
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING THE AGREEMENT WITH KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD FOR EMPLOYMENT AND LABOR LAW ATTORNEY SERVICES WHEREAS, THE City entered into an agreement with Kronick, Moskovitz, Tiedemann & Girard (“Kronick”) on September 9, 2024 for employment and labor law attorney services; and WHEREAS, the maximum compensation payable under the agreement is $95,000 per fiscal year; and
WHEREAS, with two months remaining in the fiscal year, the City is close to reaching the $95,000 compensation limit and it is necessary to increase the maximum compensation under the agreement to ensure that Kronick can continue providing legal services and avoid undue prejudice to pending matters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
The City Council approves an Amendment to Agreement for Professional Services, attached as Exhibit “A”, with Kronick, Moskovitz, Tiedemann & Girard to increase the maximum compensation payable to $120,000 for Fiscal Year 2024-25, and authorizes the City Manager to execute the same.
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 20th day of May 2025.
AYES:
NOES:
ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:
_______________________
Ciara Wakefield, City Clerk
__________________________
Ian Sangster
Kronick, Special Counsel
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: Compliance Report for State Mandated Annual Fire Inspections Recommendation: Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4 Fiscal Impact: None
Purpose:
Provide a review of the Fire Department’s efforts to meet its mandated annual Educational and Residential inspection obligations.
Council's Strategic Goal:
This report addresses the City Council’s Public Safety Strategic Goal, by performing life safety inspections by the Fire Department.
Background:
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire in December 2016 brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be delivered when the City Council discusses its annual budget or at another time determined by the City Council. City Council shall acknowledge receipt of the report made in a Resolution or a similar formal document.
State mandated inspections were enacted by California Health & Safety Code Sections 13146.2 and 13146.3 and requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards. California Health & Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with sections 13146.2 & 13146.3 Although there are no penalties identified in the law, adoption of this Resolution will establish Yuba
City’s intent to fulfill the requirements of SB 1205 by acknowledging the Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the statemandated inspections.
Analysis:
Annually, the Fire Department is required to conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings, in accordance with California Health and Safety Code Section 13146.2 and 13146.3. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community, and ensure reasonable compliance with the California Fire Code. The Fire Department has completed its initial annual inspection of all mandated buildings that are included within the mandate for fiscal year 2024-2025.
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all hotels, motels, and lodging houses once annually. The Fire Department has inspected (9) hotels/motels, which includes an additional (5) buildings associated with these facilities.
California Health and Safety Code Section 13146.2 also mandates that the local fire department inspect all apartment buildings. The California Building Code also specifies that condominiums should be considered apartments for building code application. An apartment shall consist of three or more attached units, and excludes all duplex-style buildings. The Fire Department has inspected (299) apartment complexes, which includes an additional (75) buildings associated with these facilities.
California Health and Safety Code Section 13146.3 mandates that the local Fire Department inspect all public, private and commercial day care schools once annually. The Fire Department has inspected (38) school facilities that total (235) buildings within these facilities.
In total, the Fire Department has conducted (346) mandated annual inspections during the 2024-2025 fiscal year, and has completed initial inspections of all known buildings and structures required to be inspected within the California Health and Safety Code mandate. Furthermore, the acceptance of this compliance report and the recommended resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, 13146.3, and 13146.4, as amended by SB 1205.
Fiscal Impact:
None
Alternatives:
1. Do not adopt the Resolution
2. Provide further direction to staff
Recommendation:
Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4.
Attachments:
1. SB 1205 Resolution 2025
2. Senate Bill 1205
3. Health & Safety Code Sec 13146.4
Prepared By: Submitted By:
Jesse Alexander
Fire Chief
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ACKNOWLEDGING THE YUBA CITY FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2, 13146.3, and 13146.4 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
WHEREAS, California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, California Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, and apartment house for compliance with building standards; and
WHEREAS, the City Council of Yuba City intends this Resolution to fulfill the requirements of the California Health and Safety Code regarding acknowledgment of the Yuba City Fire Department’s compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City expressly acknowledges the measure of compliance of the Yuba City Fire Department with the California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4, and accepts the annual report from the Fire Department.
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 20th day of May, 2025 AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
SHANNON CHAFFIN, CITY ATTORNEY
ALESHIRE & WYNDER, LLP
ATTACHMENT 2
ATTACHMENT 3
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: James Runyen, Interim Police Chief
Summary
Subject: Renewal of School Resource Officer Contract with Yuba City Unified School District and the City of Yuba City
Recommendation: A. Adopt a Resolution of the City of Yuba City approving a School Resource Officer agreement with the Yuba City Unified School District B. Authorize the Chief Financial Officer to make budget adjustments as necessary
Fiscal Impact: For the term of the proposed agreement, the shared cost by the City and District for two Police Officers to be assigned as School Resource Officers is estimated at $180,000 for each party on an annual basis. The funding received from the District will be placed into revenue account 100-44210
Purpose:
To renew agreement with the Yuba City Unified School District (District) for the services of two Police Officers assigned as School Resource Officers.
Council's Strategic Goal:
This addresses the City Council's Strategic Goal of Public Safety.
Background:
The City and District have maintained a long-term partnership for the services of School Resource Officers. In July of 2020, the City and District renewed a previous agreement for the services of two Police Officers to be assigned as School Resource Officers. This agreement has been in effect and unchanged to this point in time. At the request of the District, a new agreement has been authored and providing set terms of a new agreement to be effective from July 1, 2025 and terminating on June 30, 2028.
The Yuba City Unified School District Board approved the contract on 5/13/25.
Analysis:
Because our current agreement has been in effect since 2020, it is prudent to renew and update the terms. The new proposed agreement defines the scope of services, work schedules, and provides
language which will assist in protecting both parties entering into this agreement.
The proposed agreement also defines the fees to be collected by the City from the District for providing the services of two Police Officers. The formula to be used is consistent with past agreements. The district will pay 50% of the base salary of each officer, including employment benefits and a 15% administrative fee. The renewal of this agreement will secure this partial funding of two Police Officers through June of 2028.
Fiscal Impact:
For the term of the proposed agreement, the shared cost by the City and District for two Police Officers to be assigned as School Resource Officers is estimated at $180,000 for each party on an annual basis. The funding received from the District will be placed into revenue account 100-44210.
Alternatives:
Provide staff with alternative spending paths which will not supplant the cost of two Police Officers.
Provide staff with alternative recommendations in language of agreement.
Recommendation:
A. Adopt a Resolution of the City of Yuba City approving a School Resource Officer agreement with the Yuba City Unified School District
B. Authorize the Chief Financial Officer to make budget adjustments as necessary Attachments:
1. ATTACHMENT 1 - SRO Contract 2025 Resolution
2. EXHIBIT A - School Resource Officer Agreement July 2025 Prepared By: Submitted By:
Jim Runyen
Interim Chief of Police
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY,
APPROVING A SCHOOL RESOURCE OFFICER AGREEMENT WITH THE
YUBA CITY UNIFIED SCHOOL DISTRICT
WHEREAS, the City of Yuba City (“City”) previously entered into an Agreement with the Yuba City Unified School District (“District”) on July 1, 2020 for the assignment of Police Officers to serve as School Resource Officers (SROs) at Yuba City High School and River Valley High School; and
WHEREAS, due to the passage of time the Agreement is now dated, and the District has requested the parties refresh the obligations of the parties under an updated agreement; and WHEREAS, the SROs assist in providing for safe campuses, reduce the amount of criminal activity, assist the schools in investigating incidences of criminal activity; and WHEREAS, the District and the City desire to provide for a program to help ensure the physical safety and wellbeing of all students, staff and school facilities of the District (the “SRO Program”); and
WHEREAS, the City Council now desires to approve an updated agreement to replace and supersede the Agreement dated July 1, 2020.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
Section 1. The City Council finds that the foregoing recitals set forth above are true and correct, and incorporates the same herein as if set forth in full.
Section 2. The City Council of the City of Yuba City approves the “School Resource Officer Agreement” with Yuba City Unified School District, attached hereto as Exhibit 1.
Section 3. This resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 20th day of May, 2025:
AYES:
NOES:
ABSTAIN:
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
Attachments:
Exhibit A – School Resource Officer Agreement 2025
1 EXHIBIT A
2 School Resource Officer Agreement
This School Resource Officer Agreement (“Agreement”), effective dated July 1, 2025, is made by and between the City of Yuba City, a California municipal corporation ("SRO Provider") and Yuba City Unified School District ("District”) (collectively, the “Parties”) pertaining to the assignment of one or more school resource officer (each, a “SRO”, and collectively, “SROs”) by the SRO Provider to the District.
WHEREAS, the SRO Provider and District desire to provide for a program to help ensure the physical safety and wellbeing of all students, staff and school facilities of the District (the “SRO Program”); and
WHEREAS, in connection with the SRO Program, SROs in partnership with the District may act as role models to willing students; and
WHEREAS, in connection with the SRO Program, SROs focus on fostering relationship building, mentorship, coaching and personal connections to assist students in growing into responsible citizens; and
WHEREAS, in connection with the SRO Program, SROs and District shall take into consideration that some students may be negatively impacted by a law enforcement presence on campus; and
WHEREAS, in connection with the SRO Program, SROs strive to conduct themselves in their daily job duties utilizing procedural and restorative justice, equity, de-escalation, and community policing tactics to minimize the negative impact on affected students.
NOW, THEREFORE, the Parties hereto, in consideration of the mutual covenants, promises and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, do hereby agree as follows:
1. Term of Agreement: This Agreement shall be effective as of July 1, 2025, and shall terminate June 30, 2028, unless sooner terminated pursuant to the provisions of Paragraph
15. By mutual agreement of the Parties, this Agreement may be renewed twice for an additional one (1) year period for a total of two (2) years, and in such event the Parties shall confer in advance of such renewal to negotiate the terms applicable to such renewal.
2. Fee:
A. SRO Provider agrees to provide and pay the SROs’ salary and employment benefits in accordance with the applicable salary schedules and employment practices of the SRO Provider’s Police Department and Memorandum of Understanding negotiated with recognized Police employee organizations (“MOU”), including but not limited to: sick leave, vacation leave, compensatory time off, holiday in lieu, retirement
3 contribution, workers’ compensation, unemployment compensation, life insurance, dental insurance, and medical/hospitalization insurance.
B. In consideration of SRO Provider furnishing the SROs provided for in this Agreement, District shall pay SRO Provider based on the formula of 50% of base salary and fringe benefits of each SRO plus 15% administrative costs (“Compensation”) in equal quarterly installments due and payable upon the commencement of services for each quarter, each quarter commencing on July 1, October 1, January 1, and April 1 respectively. Should this Agreement be renewed by mutual agreement, this Compensation may be increased upon the written agreement of the Parties.
3. Scope of Service: During the term of this agreement, SRO Provider agrees to assign two officers as SROs serving the District with the following primary responsibilities (the “Services”):
A. To serve at the assigned school site(s) as qualified Peace Officers.
B. To build relationships with members of the community served by the District through mentoring, coaching, and acting as a liaison to community resources.
C. To provide information regarding safety to students, staff, the community served by the District, and the District.
D. To facilitate educational programs and activities that will increase students’ knowledge of current law enforcement practices, procedures, and foster personal safety (e.g., Student Internet Safety, Staff Tactical Safety Training, Staff Drug Recognition, etc.). SROs, at the invitation of the District, may participate in staff training, professional development, and student and faculty special group meetings (e.g. Equity Task Force, Climate 2.0, SEL Guiding Coalition, Student Unions, etc.).
E. To serve as a mentor and role model for students. SROs, in conjunction with District, may participate or facilitate open-listening or discussion groups with willing students in an effort to focus on social and emotional safety.
F. To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school such as: disorderly conduct, trespassers, the possession and/or use of weapons on campus, the illegal sale, use and distribution of controlled substances and alcohol, gang activity, and riots.
G. To act as an integral part of campus Crisis Response Team, and to review and give input regarding the School Safety Plan.
4 H. To report serious crimes that occur on school campus and to cooperate with other law enforcement officials in the investigation of crimes that occur on campus.
I. To cooperate with other law enforcement officials in the investigations of criminal offenses which occur off campus.
J. To work cooperatively at the request of District to reduce the incidence of truancy by students through education and acting as a liaison to connect students and families with support services.
K. To collaborate with District staff in problem solving and, when circumstances warrant intervention with students, to use positive and restorative approaches in accordance with Penal Code 13651. SROs shall use tactics such as de-escalation techniques to mitigate the use of force in an educational setting and shall strictly adhere to the policy on minimum use of force pursuant to Government Code 7286.
L. SROs are responsible for dealing with criminal law issues and shall leave to the certificated administrators of each school the responsibility for student discipline and decisions regarding the imposition of discipline for students enrolled at their campus. SROs understand that the District must undergo administrative investigations related to any disciplinary matter whether or not there is reasonable suspicion or probable cause that a crime has been committed. SROs will not interfere with District investigations for disciplinary purposes
The Services shall be performed with reasonable and professional care consistent with a public K-12 educational setting and the standard by which such services are performed under prevailing custom and under applicable law.
4. Hours of Work and Schedule:
4.1 SROs shall be assigned to the following school sites on the following schedule:
School Sites Schedule
Yuba City High School Mon-Fri from 7:30 a.m. to 3:30 p.m.
River Valley High School Mon-Fri from 7:30 a.m. to 3:30 p.m.
4.2 SROs will ordinarily work eight (8) continuous hours each day, including a paid lunch period of not less than thirty (30) minutes and not more than sixty (60) minutes. Summer school hours will be approximately five (5) hours per day.
5 4.3 The Parties will establish start and end times of the workday of each SRO through each SRO’s Supervisor and the representative of the District, but will be scheduled in accordance with established shifts of the SRO Provider’s Police Department.
4.4 Each SRO’s presence will not be required at school during school vacations, holidays, and other times when school is not in session.
4.5 The parties recognize that the SRO Provider schedules its officers to work in 8- hour shifts for 5 days per week per the SRO Provider’s Police Department employment Memorandum of Understanding with the SROs exclusive labor representative. The SRO position may, at the SRO Provider’s sole discretion, be staffed by more than one officer in order to accommodate the hours.
4.6 If the District’s governing board approved school schedule changes, SRO Provider and District agree to reasonably work together to accommodate changes to provide SRO coverage as practical.
5. Absences:
5.1 In the event of a SRO’s absence from work when school is in session, the SRO shall notify both his/her supervisor in the SRO Provider’s Police Department and the designated representative of the District for the particular school assigned.
5.2 SRO Provider, through the SRO Provider’s Police Department, will make reasonable efforts not to reassign an SRO when school is in session. District recognizes that there will be times when an SRO is required by temporary reassignment to be absent from campus at the sole discretion of the SRO Provider’s Police Department. Absences may include, but are not limited to: staffing shortages, emergencies, court appearances, union release time, and scheduled training.
5.3 For absences and reassignments of less than three (3) days duration, SRO Provider will not ordinarily reassign another officer to substitute for the assigned SRO. If the District determines, in its reasonable discretion, that such absences or reassignments are of a chronically unreasonable nature, SRO Provider shall also deduct a pro rata portion from the amount payable by the District at the next billing for such absences.
5.4 For absences and reassignments of greater than three (3) days duration, SRO Provider shall reassign another officer to substitute for the assigned SRO, and should SRO Provider neglect to reassign another officer to substitute for the assigned SRO under such circumstance, SRO Provider shall also deduct a pro rata portion from the amount payable by the District at the next billing for such absences.
6 5.5 If due to an emergency, disaster, staff shortage, job action, or other event beyond the control of the SRO Provider, the SRO Provider is unable to supply a substitute officer, SRO Provider shall deduct a pro rata portion from the amount payable by the District at the next billing. In return, if the District faces an emergency or other event beyond its reasonable control, District can direct a reduction in SROs Services assigned under this Agreement for the duration of such event, in which case SRO Provider shall also deduct a pro rata portion from the amount payable by the District at the next billing.
6. Additional Assignments:
6.1 For additional duties that fall outside of a SRO’s normal working hours but closely related to duties of the SROs, such as counseling sessions, truancy board meetings, and sweeps, the SROs may flex his/her hours beyond the normal working hours.
Alternately, the SROs Supervisor may authorize overtime compensation at the Supervisor’s discretion.
6.2 Should the District desire the SROs to attend functions outside of normal school hours which are not closely associated with SRO duties, such as dances or sporting events, the District can contract with the SRO Provider’s Police Department’s OffDuty Program. The SROs will be given right of first refusal for off-duty assignments at the school to which they are assigned. District retains sole authority to determine and fulfill school site security needs.
7. Employment: The SROs shall be exclusively employees of the SRO Provider as peace officers with the SRO Provider’s Police Department, and shall be subject to the administration, supervision, and control of the SRO Provider. The SROs shall be subject to all personnel policies and procedures of the SRO Provider and the SRO Provider’s Police Department. Notwithstanding the foregoing, while acting in the capacity of an SRO, the SROs shall take direction from the Superintendent or designee with the exception that, while in the performance of law enforcement duties, the SROs will follow protocols established by the SRO Provider.
8. Employment Practices: SRO Provider and District, by execution of this Agreement, each certify that they do not discriminate against any person upon the basis of race, color, creed, national origin, age, sex, disability, or marital status, or any other characteristic protected by applicable law including by way of illustration and not by limitation section 12940 of the Government Code, in their respective employment practices. SRO Provider shall hold District free, harmless, and indemnified from and against any and all claims, suits, or causes of action arising out of allegations of unfair or unlawful employment practices brought by SROs. District shall hold SRO Provider free, harmless, and indemnified from and against any and all claims, suits, or causes of action arising out of allegations of unfair or unlawful employment practices brought by District personnel.
7 9. Supervision and Control: SRO Provider, in its sole discretion, shall have the power and authority to hire, assign, discharge, and discipline SROs.
9.1 SRO Provider and the District will cooperate in the selection of SROs. The District will participate in the interview panel and give input and feedback on candidates.
9.2 As employees of the SRO Provider, the SROs shall follow the chain of command, reporting first to his/her assigned supervisor as prescribed by the SRO Provider’s Police Department.
9.3 In the performance of their duties, the SROs shall coordinate and communicate with the District’s principal or principal’s designee of the schools to which they were assigned.
9.4 District will notify a SRO’s supervisor within the SRO Provider’s Police Department of any complaints against SRO promptly upon receipt.
9.5 In the event that District believes that an SRO is not effectively or proficiently performing their duties, the Superintendent or designee(s) shall notify SRO Provider in writing with a description of the deficiencies. SRO Provider and the District may thereafter confer to determine whether the outlined deficiencies can be remedied to the reasonable satisfaction of the District. If the deficiencies cannot be resolved to the reasonable satisfaction of the District, then District may direct that SRO Provider remove the SRO from the SRO Program, and SRO Provider shall, to the furthest extent permitted by law, comply with such direction promptly and in no event later than thirty (30) days of receipt of such direction.
10. Qualifications and training of SROs: Prior to beginning their assignment, SROs shall complete specialized training in school policing, the unique experiences of the diverse populations within the school community, and the SRO Provider's use of force policy.
If an SRO is unable to complete the aforementioned training prior to the beginning of their assignment, the SRO must complete the training within sixty (60) days of assignment commencement.
11. Dress Code: It is a goal of the SRO Program that the SROs be readily identifiable as a police officer. During regular duty on campus, the SROs shall wear a uniform and appropriate safety equipment to include sidearm, as prescribed by the SRO Provider’s Police Department uniform manual. For activities and occasions for which a uniform would not be appropriate, the SROs may wear a modified uniform or other apparel as approved by his/her division commander in consultation with the designated representative of the District for the particular school assigned.
12. Equipment, Supplies & Work Space:
8 12.1 Motor Vehicles: The SRO Provider shall provide a patrol vehicle for use by the SROs when on duty. In addition, the SRO Provider agrees to maintain, repair, insure, and supply fuel for the SROs vehicle.
12.2 Weapons, Ammunition & Safety Equipment: The SRO Provider agrees to provide each SRO with standard issue sidearm, ammunition, body armor, and safety equipment consistent with requirements for all members of the SRO Provider’s Police Department as established by policy or Memorandum of Understanding.
12.3 Computers: The SRO Provider shall provide SRO access to law enforcement and SRO Provider computer networks and programs. The District agrees, to the furthest extent permitted by applicable law, to make available to each SRO any computer network program, email, student directory, or any other network program or database ordinarily accessible by District instructors, staff or administrators.
12.4 Telecommunications: SRO Provider agrees to supply the SRO with a cellular telephone and/or digital pager. District agrees to furnish a telephone instrument and private telephone line capable of analog data transmission on campus for each SRO. District agrees to furnish a facsimile machine or make a facsimile machine available on each campus for SRO use.
12.5 Radio Communications: SRO Provider agrees to supply the SRO with a SRO Provider’s Police Department portable transceiver. If District operates a radio network for staff or security, the District agrees to furnish the SRO with a transceiver with that capability or to authorize the SRO to operate the supplied transceiver on District frequencies if it has that capability.
12.6 Supplies: District agrees to provide the SRO with the usual and customary office supplies and forms required in the performance of their duties. SRO Provider agrees to supply the SRO with specialized law enforcement or SRO Provider forms.
12.7 Workspace: District agrees to provide the SRO with a work area accessible to the students on campus and equipped with suitable seating, work surface, and secure storage.
13. Student Records:
13.1 District shall, to the furthest extent permitted by applicable law, allow the SRO to inspect and copy any public records maintained by the school, including yearbooks and student directory information as defined in Education Code § 49061.
13.2 If information in a student’s cumulative or other confidential record is needed in an emergency to protect the health or safety of the student or other individuals, District shall, to the furthest extent permitted by applicable law, disclose to the SRO that
9 information which is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.
13.3 If confidential student record information is needed, but no emergency situation exists, the information may be used only upon the issuance of a lawfully issued court order or subpoena, consent of the authorized designee (parent, guardian, or adult student, as applicable), or as otherwise required by law.
13.4 SRO Provider and SRO will comply with policies of the District relative to release of student information and applicable law with respect to the same, including but not limited to Board Policy 3515.31 and Education Code § 234.7.
14. Applicable Laws: SRO Provider shall provide the services specified herein in accordance with any applicable Federal and State statutes, regulations, and directives.
SROs shall adhere to and obey all of the District's rules and regulations pertaining to the District's operations of its schools, unless otherwise authorized by the Superintendent or his/her designee or unless such compliance is not practicable due to exigent circumstances.
15. Indemnification:
15.1 Injury to employee while on duty
If any SRO Provider employee is injured while on duty as a result of or in association with any action undertaken pursuant to this MOU, the SRO Provider agrees to waive subrogation against the District and hold the District harmless from and against any claim for workers’ compensation arising out of any such injury.
If any District employee is injured while on duty as a result of or in association with any action undertaken pursuant to this MOU, the District agrees to waive subrogation against the SRO Provider and hold the SRO Provider harmless from and against any claim for workers’ compensation arising out of any such injury.
15.2 Injury to others
Except as otherwise stated in section 14.1, and to the furthest extent permitted by law, District shall indemnify, defend, and hold harmless SRO Provider, its officers, agents, employees, and representatives from and against any and all claims, losses, liabilities, damages, demands and actions, including payment of reasonable attorney’s fees, to the extent that they arise out of or result from the performance of this Agreement and are caused in whole or in part by any negligent or willful act or omission of the District, its officers, agents, employees, or anyone directly or indirectly acting on the behalf of the District, or any breach of this Agreement by the District or its officers, agents, employees, or anyone directly or indirectly acting
10 on behalf of the District.
Except as otherwise stated in section 14.1, and to the furthest extent permitted by law, SRO Provider shall indemnify, defend and hold harmless District, its officers, agents, employees, and representatives from and against any and all claims, losses, liabilities, or damages, demands and actions, including payment of reasonable attorney’s fees, to the extent that they arise out of or result from the performance of this Agreement and are caused in whole or in part by any negligent or willful act or omission of the SRO Provider, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the SRO Provider, or any breach of this Agreement by the SRO Provider or its officers, agents, employees, or anyone directly or indirectly acting on behalf of the SRO Provider.
16. Termination: Either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. In the event of such termination, District shall pay SRO Provider for all services of the SROs rendered up to and including the date of termination.
17. Amendments: No modification or amendment to any provision of this Agreement shall be valid unless it is set forth in writing and is signed by the Parties.
18. Entire Agreement: This Agreement constitutes the entire agreement between District and the SRO Provider regarding the subject matter of this Agreement and supersedes any and all prior oral and written communications between the parties regarding the subject matter hereof.
19. Time: Time is of the essence in each and all provisions of the Agreement.
20. Incidental Beneficiaries: It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to SRO Provider and District. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the SRO Provider and District that any such person or entity, other than SRO Provider and District, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.
21. Venue: This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of the Agreement governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Agreement shall be filed in and adjudicated by a court of competent jurisdiction in the County of Sutter, State of California.
22. Enforceability: If any term or provision of this Agreement is found to be void, voidable, invalid or unenforceable by a court of competent jurisdiction under the laws of the State of California, any and all of the remaining terms and provisions of this Agreement shall remain binding. Provisions in this Agreement capable of two or more constructions, one
11 lawful and the other or others unlawful, shall be construed in a manner consistent with applicable law.
23. Waiver: In the event that either SRO Provider or District shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving Party.
24. Headings: Titles, headings, and similar references contained herein are solely to facilitate reference to various provisions of this Agreement and in no way affect or limit the interpretation of the provisions to which they refer.
25. Construction of Agreement: Neither this Agreement, nor any provision of this Agreement, shall be construed more strongly against the SRO Provider or the District.
This Agreement is the product of negotiation and preparation by and among the SRO Provider and the District and their respective attorneys. Neither this Agreement, nor any provision of this Agreement, shall be deemed prepared or drafted by either the SRO Provider or the District, or the attorney representing the SRO Provider or the District.
26. Notices: Notices concerning this Agreement shall be deemed to have been served when deposited in the United States Mail, first class postage prepaid, and addressed as follows:
To SRO Provider:
Chief of Police
Yuba City Police Department
City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
With a copy to:
Finance Director
Finance Department
City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
12 To Yuba City Unified School District:
Yuba City Unified School District
Attn: Superintendent
750 Palora Avenue
Yuba City, CA 95991
END OF TEXT – SIGNATURE PAGE IMMEDIATELY FOLLOWS
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.
Yuba City Unified School District:
Date Tax I.D. Number
Signature Signature
Print Name Print Name
Title Title
CITY OF YUBA CITY, a California Municipal
Corporation
Date Tax I.D. Number
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
Shannon Chaffin, City Attorney
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Brent Slade, Police Commander
Summary
Subject: AB 481 Annual Military Equipment Report
Recommendation: Adopt a Resolution accepting the 2024 Annual Report and continue to authorize the YCPD to use existing equipment that falls under the military equipment use policy (YCPD policy 707) which complies with the requirements of AB 481 Fiscal Impact: None
Purpose:
Adopt a Resolution accepting the annual military equipment use report and review of the ordinance as required by Assembly Bill 481 (AB 481). The emergency ordinance for YCPD policy 707, military equipment use, was adopted on April 19, 2022, by the City of Yuba City, City Council. An annual report was completed in 2025 for the year prior. This annual report covers 2024 and any additional items to be added in 2025.
Council's Strategic Goal:
This addresses the City Council's Strategic Goal of Public Safety.
Background:
California Governor Gavin Newsom signed AB 481 into law on September 30th, 2021. Law enforcement agencies are required to obtain local government approval of all military equipment currently in use as well as any equipment sought for use that falls under the guidelines of AB 481. A review of the existing ordinance for approval or modification is required by the current governing body.
As part of the bill, agencies are required to report annually:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Ordinance (4-23.030) was adopted by the City of Yuba City Council on April 19, 2022.
Analysis:
No modifications are being sought to the existing Ordinance. An annual report of the required information has been completed and posted to the Yuba City Police Department website. Exhibit B is the annual report required by AB 481. Exhibit C is YCPD policy 707.
Fiscal Impact:
None
Alternatives:
Modify the existing Ordinance that was adopted in 2022.
Recommendation:
Adopt a Resolution accepting the 2024 Annual Report and continue to authorize the YCPD to use existing equipment that falls under the military equipment use policy (YCPD policy 707) which complies with the requirements of AB 481.
Attachments:
1. Resolution - AB 481 Military Equipment Report
2. Exhibit A -2024 ANNUAL MILITARY REPORT
3. Exhibit B - POLICY 707
Prepared By: Submitted By:
Brent Slade
Police Commander
Robert Bendorf
Interim City Manager
ATTACHMENT 1
01248.0010 894699.1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY, CALIFORNIA, REVIEWING AND APPROVING POLICY 707, AB 481
EQUIPMENT REPORT, AND THE CITY’S ORDINANCE RELATING TO
THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN
ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”) to address the funding, acquisition, and use of military equipment by law enforcement agencies in California; and
WHEREAS, AB 481, codified as Government Code Sections 7070 through 7075, required that Yuba City Police Department (“YCPD”) begin the process of obtaining approval from City Council of its military equipment use policy by ordinance prior to May 1, 2022; and WHEREAS, accordingly, on April 19, 2022, the City Council adopted Policy 707, City of Yuba City Police Department Military Equipment Use Procedure Policy (“Policy 707”) attached hereto as Exhibit B and incorporated by reference; and
WHEREAS, the Policy 707 was made available to the public on YCPD’s internet website on May 06, 2025, which was within thirty (30) days prior to the public hearing held on June 6th, 2023, concerning the approved Policy 707, in accordance with Government Code section 7071(b); and
WHEREAS, the City Council desires to document its review and approval of its “Military Equipment Use Policy” ordinance, Policy 707, and the annual military equipment report consistent with the requirements of AB 481.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has completed its annual review of Chapter 23 (“Military Equipment Use Policy”) of Title 4 of the Yuba City Municipal Code, Policy 707, and annual military equipment report as required by AB 481. The City Council determines, based on the annual military equipment report entitled “AB 481 Equipment Report” (“Report”) that each type of military equipment identified in the Report has complied with the standards for approval set forth in Government Code Section 7071(d). Specifically, the City Council determines that i) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; ii) the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; iii) if purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and iv) prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did
01248.0010 894699.1
not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. As the type of military equipment identified in Report has complied with the standards for approval set forth in Government Code section 7071(d), the City Council approves of the renewal of the authorization for all types of military equipment identified in the Report, and adopts the Report. The Council also finds, determines, and approves that Chapter 23 (“Military Equipment Use Policy”) of Title 4 of the Yuba City Municipal Code remains in full force and effect without need for renewal or modification, and remains in compliance with AB 481. Finally, the City Council finds, determines, and approves that Policy 707 is in compliance with both AB 481 and the City’s Military Equipment Use Policy ordinance, and that the AB 481 Equipment Report is likewise in compliance.
SECTION 3. This Resolution shall take effect immediately.
I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 20th day of May 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CIARA WAKEFIELD, City Clerk
CITY OF YUBA CITY
By:
Dave Shaw, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, LLP
EXHIBIT A
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5/20/2025 AB 481 EQUIPMENT
REPORT
Prepared by Commander Brent Slade
CITY OF YUBA CITY
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Updated 4/21/25
“The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.” Ca. Gov. Code § 7072
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Table of Contents
Page Subject
3 Current Equipment List
4 Unmanned Aircraft System (UAS)
5 Robots
6 Armored Vehicles
7-8 40 MM Launchers and Rounds
9-10 Less Lethal Shotgun
11 Combined Systems LC5 40MM Launching Cup
12-13 Distraction Devices
14 Rifles
15-16 Chemical Agent and Smoke Canisters
17-19 Explosive Breaching Tools
20-21 PepperBall Launcher
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Current Equipment
Unmanned Aircraft System (UAS) Robots
Armored Vehicle 40 MM Launchers and Rounds
Less Lethal Shotgun Combined Systems LC5 40MM Launching Cup Distraction Devices Rifles
Chemical Agent and Smoke Canisters Explosive Breaching Tools PepperBall Launcher
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Unmanned Aircraft System (UAS)
An unmanned aircraft along with the associated equipment necessary to control it remotely.
Description, quantity, capabilities, and purchase cost of current UAS:
1. DJI MAVIC MINI 2, cost: $630 each, quantity: 6. Small UAS that weighs approximately 249 grams and is able to record video and audio with approximately 32 minutes of flight time.
2. Autel Robotics EVO II Dual 640T, cost: $8500.00, quantity: 1. UAS that weighs approx.1.15 kilograms and is able to record video, thermal video, audio, and is able to project audio, with approximately 38 minutes of flight time.
3. DJI Matrice 350 RTK, cost: $30,980.00, quantity: 1. UAS which weighs 6.47 kilograms and can carry 2.7 kilograms of cargo, has a flight time of up to 55 minutes, can operate at elevations of up to 7,700 feet, and has advanced infrared and spotlight capabilities with zoom capabilities of up to 1,000 meters.
Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
1. Missing Persons
2. Any rapidly evolving or developing emergency situation
3. SWAT deployments/tactical situations
4. Crime scene investigations
Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Expected Life Span
All UAS equipment, 3-5 years.
Fiscal Impact
The annual maintenance and battery replacement cost is approximately $4,000. The training cost is $200. Budgeted departmental equipment and training funds are used for these items.
Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must maintain a minimum of 1 hour of flight time per month as well as quarterly training. (2) There have been no complaints of concern regarding the department military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and no actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no equipment being sought.
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Robots
A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
Description, quantity, capabilities, and purchase cost
1. Avatar II Tactical Robot, Robotx Technology Solutions, cost: $12,389 each, quantity: 1. The Avatar II Tactical Robot is a rugged, easy to use, tactical robot which enhances the capabilities of law enforcement and first-responders by allowing them to safely and quickly inspect dangerous situations. The Avatar II has the ability to navigate rugged terrain, climb stairs, and is equipped with a microphone and speaker to communicate with dangerous suspects.
This item will no longer serve a purpose and will be taken offline on the next annual report for 2026.
Purpose
To be used to remotely gain visual/audio data, open doors, communicate with barricaded subjects and clear buildings.
Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots identified.
Use is established by the SWAT Team Leader, Tactical Commander and or Incident Commander.
Expected Life Span
All robots, 10-15 years.
Fiscal Impact
Annual maintenance and battery replacement cost is approximately $500. Budgeted department equipment funds are used for this item.
Training
Robot operator training is conducted annually during SWAT trainings. Training cost is $200 (2) There have been no complaints or concerns received concerning the military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no equipment being sought.
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Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
Description, quantity, capabilities, and purchase cost
1. LENCO BEARCAT, G2, cost: $315,518.65, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
Lifespan
Lenco Bearcat models G2 and G3, 25 years.
Fiscal Impact
Annual maintenance cost of approximately $10,000. There has been no training cost associated with these vehicles.
Maintenance for the vehicles is funded by budgeted Public Works funds for vehicle maintenance.
Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
(2) There have been no complaints or concerns regarding the department’s military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.
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40 MM Launchers and Rounds
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and as a method to deploy chemical agents from a safe distance.
Description, quantity, capabilities, and purchase cost
1. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, LMT #1425, cost: $1098, quantity: 7.
The 40MM Single Launcher is a tactical single shot launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles.
2. PENN ARMS, 40MM LAUNCHER, #GL1-40, cost: $1003, quantity: 8. The 40MM Single Launcher is a tactical single shot launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles.
3. PENN ARMS, 40MM MULTI-LAUNCHER, #GL65-40, cost: $3146, quantity: 1. The 40MM MultiLauncher is a tactical platform capable of holding six projectiles in the launcher. It will launch a 40MM less lethal projectiles and 40MM chemical agency projectiles. This platform is more suitable for deploying multi projectiles in a shorter amount of time. This is effective during less lethal and or chemical agent deployments.
4. COMBINED TACTICAL SYSTEMS 40MM SPONGE SPIN STABILIZED FOAM BATON . #4557, cost $21.33, quantity: (Up to 300). A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 260 FPS. The 60-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 150 feet from the target
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
f. Barricaded subjects
Training
Sworn members utilizing 40MM less lethal, chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agent instructors.
Lifespan
1. Defense Technology LMT #1425- 25 years.
2. Penn Arms #GL1-40- 15 years.
3. Penn Arms GL65-50-15 years.
4. Federal labs 37MM Multi-launcher-10 years.
5. Model 6325 Exact Impact Sponge- 5 years.
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FISCAL IMPACT
Annual maintenance is approximately $50 for each launcher. Training cost is 2 rounds per year per officer, totaling approximately $2,559. During 2024, a re-supply of 40mm baton rounds was purchased for $1599. Budgeted police funds are used for the training costs of this equipment. (2) There have been no complaints or concerns regarding the department’s military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional ammunition needed for training or deployment.
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Less Lethal Shotgun
Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
Description, quantity, capabilities, and purchase cost
1. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 13. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet.
The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
2. 12-GAUGE SUPER-SOCK BEANBAG ROUND, #2581 cost: $6, quantity: (up to 1000). A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Lifespan
1. Remington 870 Less Lethal Shotgun- 25 years.
2. Super Sock Round- No listed expiration date.
Fiscal Impact
The annual maintenance is approximately $50 for each shotgun. Training costs are 5 rounds per year per officer, totaling approximately $1,950. During 2024, a re-supply of less lethal 12-gauge rounds was purchased for $1,852.
Budgeted police funds are used for the training costs of this equipment.
Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. (2) There have been no complaints or concerns regarding the department military equipment in 2024. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional ammunition needed for training or deployment.
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Combined Systems LC5 40MM Launching Cup
Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.
Description, quantity, capabilities, and purchase cost
COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $150, quantity: 1. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Allows chemical agents to be deployed from a distance, behind cover and concealment.
Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
Fiscal Impact
No annual maintenance. There are no additional training costs for this.
Training
Officers utilizing the launching cups are trained by POST certified chemical agent instructors. (2) There have been no complaints or concerns regarding the department military equipment in 2024. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.
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Distraction Devices
A device used to distract dangerous persons.
Description, quantity, capabilities, and purchase cost
1. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG, cost: $62, quantity: (up to 60). A nonbursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light.
Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
2. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $45, quantity: (up to 150). The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. 8 of these devices were used on real-world incidents and 3 were used during training
3. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost: $139, quantity: (Up to 50). A nonbursting, non-fragmenting multi (9)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. One of these devices was used in training and one was used during a real-world incident Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Use
Diversionary Devices shall only be used:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. d. During other high-risk situations where their use would enhance officer safety. e. During training exercises.
Lifespan
Until used.
Fiscal Impact
No annual maintenance. There is no training cost outside of normal scheduled SWAT training. The cost of training devices is approximately $1,080 (approximately 2 devices deployed in training per year, per operator). During 2024, $1645 was spent on replenishing the inventory of distraction devices. Budgeted police funds are used for the replacement costs of this equipment.
Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. (2) There have been no complaints or concerns regarding the department military equipment in 2024. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional devices needed to re-supply inventory due to training or deployments.
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Rifles
Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
Description, quantity, capabilities, and purchase cost
1. GA Precision (AR-10) .308 CALIBER RIFLE, MODEL GAP-10, cost: $3,580.00, quantity: 1. The GAP10 with 18” Barrel, AR-10, is a precision style rifle. This firearm is chambered in .308 Winchester/7.62 NATO and has an 18” barrel. This rifle is primarily used in an overwatch capacity to protect the community during large events and Tactical Situations that require Sniper Response. The GAP-10 is no longer being produced. The 2nd Generation GAP-10 retails for $3,724.00.
2. FNH SCAR-17 .308 caliber rifle, cost: $1800 each Quantity: 2. The SCAR with 18” barrel is a precisionstyle rifle that is more powerful than a standard rifle. The firearm is chambered in a .308 Winchester/7.62 NATO. This rifle is primarily used in an overwatch capacity to protect the community during large events and Tactical Situations that require Sniper Response.
3. Hornady .308 Winchester 168 gr ELD-M Tap rifle round cost, $250 per case of 200. Quantity: (Up to 40 cases).
Purpose
To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
Authorized Use
Only members that are POST certified are authorized to use a rifle.
Lifespan
1. GA Precision GAP-10 .308 rifle – 15 years
2. (SCAR INCLUSION) FNH SCAR-17 .308 caliber rifle -15 years
3. (.308 AMMO INCLUSION) Hornady .308 Winchester 168 gr ELD-M Tap rifle round – No expiration Fiscal Impact
Annual maintenance is approximately $50 for each rifle. The associated training cost is for the .308 ammunition.
During 2024, $1,063 was spent on .308 ammunition for training. Funds for maintenance and ammunition is from budgeted police equipment funding.
Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
Audit
(2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.
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Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.
Description, quantity, capabilities, and purchase cost
1. COMBINED TACTICAL SYSTEMS (CTS), Baffled Riot CS Smoke Grenade, 5230B, cost: $39.81, quantity: (Up to 60). This pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The munition is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.2 in. by 2.6 in. and holds an approximately 25 gm. of active agent payload. It has an approximate burn time of 20-40 seconds. 9 of these were used in real-world scenarios
2. COMBINED TACTICAL SYSTEMS (CTS), 40mm CS Liquid Barricade Projectile, 4330, cost: $26.97, quantity: (Up to 75) . The 40mm CS Liquid Barricade Projectile is designed specifically for penetrating intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors, and deliver irritant agents into an adjacent room(s).
This launchable munition is 4.1 in. long and 40mm in diameter and holds approximately 10 gm of active agent.
3. COMBINED TACTICAL SYSTEMS (CTS), Outdoor Tactical Grenade CS, 8230, cost $25.37, quantity:
(Up to 30) . The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use or in a “Fire safe deployment canister” and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. This grenade will deliver approximately 30 gm. of agent during its 20-40 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections.
4. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210, cost: $31.72, quantity: (Up to 20). White indoor/outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits grey-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
5. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210HC, cost: $35.50, quantity: (Up to 35). White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits grey-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
6. COMBINED TACTICAL SYSTEMS (CTS), OC-CS Vapor Grenade, 6343, cost: $43, quantity: (Up to 10). The OC-CS Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) and compound 2-chlorobenzalmalononitrile (CS) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OCCS Vapor on the subject is dramatic and requires no personal decontamination. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC-CS Vapor Aerosol Grenade is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder or liquid devices is not practical or desired. The munitions contain 30 gm of active OC-CS chemical agents.
7. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 6 OUNCE, #56854, cost:
$24.90, quantity: (Up to 20). The 6 oz. OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements.
8. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 1 OUNCE, #56814, cost:
$18.65, quantity: (Up to 20). The 1 oz. OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. It is ideal for situations where the use of pyrotechnic, powder, or liquid devices are not practical or desired. The 1.3% Major Capsaicinoids provides sufficient effects in confined areas of up to
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6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms. The Aerosol Grenade Fogger was designed as an operator controlled instantaneous initiated aerosol grenade. It is a non-pyrotechnic that contains no CFCs, is not a fire hazard and requires minimal decontamination.
9. DEFENSE TECHNOLOGY, MUZZLE BANG LAUNCHING CARTRIDGE, 12 gauge. #1210, cost $8.50, quantity (Up to 30). This munition incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when using the 1370 Launching Cup.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.
Lifespan
5 years from manufacturing date. Budgeted police funds are used for the training costs of this equipment.
Fiscal Impact
No annual maintenance. Training cost is the replacement of training and gas used during actual deployments.
During 2024, a re-supply of chemical agents cost the following: $754.56 on 40mm CS ferret rounds. (2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.
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Explosive Breaching Tools
Tools that are used to conduct an explosive breach.
Description, quantity, capabilities, and purchase cost
1. ROYAL REMINGTON 870 EXPRESS BREACHING SHOTGUN, Cost: $500, quantity: 3. This weapon allows for Breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
2. ROYAL ARMS TESAR-1 ORANGE CAP 275 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy solid wood doors, locks and hinges.
3. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 200). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
4. ROYAL ARMS TESCR#3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, Cost: $5 per round, quantity (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
5. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, Cost:
$6.50 per round, quantity: (Up to 30). The rounds are fired from a breaching shotgun and is used as a diversionary round and can be used to break glass and shot at a velocity of 270-290 feet per second (FPS).
6. ROYAL ARMS MB-70S 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $6.50 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
7. ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $9 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass.
Items intended to be purchased during 2025
The following list of items would need to be purchased as an initial start-up for an explosive breaching program.
Annual costs would just replace items as they run out. Total annual cost of maintenance is listed in the fiscal impact below. The equipment would be purchased utilizing budgeted funds for police equipment.
Energetic Compositions (5-year shelf life)
1) 18 gr Det Cord 200’ (Up to) (est. $200)
a. Can be used to create precision-based charges
b. Can create up to 33 linear charges
2) 25 gr Det Cord 200’ (Up to) (est. $200)
a. Used to +/- N.E.W (net explosive weight) with moderate adjustments b. Can create up to 33 linear charges
3) 50 gr Det Cord 200’ (Up to) (est. $200)
a. The standard composition for Law Enforcement programs b. Can create up to 33 linear charges
4) 100 gr Det Cord 200’ (Up to) (est. $200)
a. Most suitable for commercial and/or security screen doors b. Can create up to 33 linear charges
5) 14 gr Blasting caps (qt 25) with 30’ leads (est. $15ea/ $375 total) Non-consumable Components:
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1) CGS Pandora Firing system x2 (est. $2,200)
2) Coyote Gordita Energetics equipment bag x2 (est. $200) 3) Measuring tape x2 (est. $20)
4) Razor knives x2 (est. $20)
5) Storage Type 2 Magazine (already possessed)
6) Storage Type 3 Magazine (1 day box) (est. $1000)
7) Shock tube cutters (PTFE) x4 (est. $40)
8) Soileater shocktube container (2) (est. $50)
Consumable Components:
1) 209 Primers (50-100) (est. $20)
2) Breachers tape (2 50” rolls 60mil) (est. $114)
3) Hydrogel tape (1 300’ roll) (already possessed)
4) Duct Tape (5 rolls) (est. $40)
5) Electrical Tape (5 rolls) (est. $25)
6) Gaffers Tape (5 rolls) (est. $50)
7) Double-sided Tape (generic 2 rolls) (est. $25)
8) K-Clips (50 pack) (est. $250)
9) Delivery Hose (free through YCFD/LFD)
10) 330B 8” rubber plates x4 (est. $50)
11) Water bags/IV bags (free)
12) Gel powder ($20)
13) FRP Trim ¼” x 1-3/8”x96” (8) (est. $40)
14) Miscellaneous: rubber strips, food containers, pipe insulation, rubber bands, otter pops, hot glue gun, etc. (est. $75)
Purpose
To safely gain entry into a structure. The following items would be purchased in 2024 and are intended to give the SWAT Team the capability to utilize explosive breaching. Explosive breaching is a fast, effective, and safe way to gain quick entry into a dwelling or structure during high-risk situations.
Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Use of explosive breaching equipment requires officers to be trained in the application of equipment.
Lifespan
1. Breaching Shotgun- 25 years
2. Royal Arms Tesar-1 orange cap 275 grain copper breaching round- 5 years
3. Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years
4. Royal Arms Tesar-3 green cap 375 grain clayvon frangible breaching round- 5 years
5. Royal Arms FB-82H 12-gauge 82 grain flash bang hard core breaching round- 5
6. Royal Arms MB-70S 12-gauge muzzle blast flash bang soft breaching round- 5 years
7. Royal Arms Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years **(Initially excluded lifespan information) **
8. Energetic Compositions- 5 years
9. Non-Consumable Components- Varies an excess of 5 years
10. Consumable Components- 2-3 years depending on the product Fiscal Impact
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Annual maintenance is approximately $500 for 12-gauge shotgun rounds. The initial startup for the explosive breaching program is $5,414, which is a shared cost with the Yuba County Sheriff’s Department ($2,707 is the YCPD portion). Estimated replacement cost of items associated with explosive charge breaching is up to $950.
This is a split cost with the Yuba County Sheriff’s Department. Training cost is the actual cost of any replacement rounds for shotgun breaching. Training costs for explosive breaching is an average of $2,000 per year. This is based on a total of 4 trained operators attending a course every 3 years to stay current on breaching. There were no additional replacement 12-gauge rounds during 2024. Budgeted police funds are used for the replacement costs of this equipment.
Training
Shotgun breaching shall be limited to SWAT personnel who have attended a Shotgun Breaching course or received documented training.
(2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) Replacement rounds for 12-gauge breaching rounds may be sought if needed. The above listed items are being sought for purchase during 2024.
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PepperBall Launcher
A device that discharges irritant projectiles.
Description, quantity, capabilities, and purchase cost
1. PepperBall VKS CARBINE, cost: $1300, quantity 4. The Variable Kinetic System (VKS) is a compressedair powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that offers the ability to quickly switch between Hopper mode and Magazine mode for optimum versatility.
2. PepperBall FTC PRO Launcher, cost $700, quantity 2. The FTC Launcher is a compressed air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall FTC is a hopper fed semi-auto system.
3. PepperBall LIVE PROJECTILE, cost: $2 per projectile, quantity 50 (up to 500). The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.
4. PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 100 (up to 200). The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.
5. PepperBall LIVE MAXX PROJECTILE, cost $6 per projectile, quantity 50 (up to 100). The Live Maxx projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% MAXSAICINPAVA Powder.
6. PepperBall INERT PROJECTILE, cost: $.80 per projectile, quantity 950 (up to 1500). The VXR Inert Projectile is a non-lethal round. The projectile contains approximately no PAVA powder. This projectile is best for direct impact with no PAVA powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.0% PAVA powder.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
Training
Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agents instructors.
Lifespan
1. PepperBall VKS Carbine- 20 years
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2. PepperBall FTC PRO Launcher- 20 years
3. PepperBall Live Projectile- 3 years
4. PepperBall Live-X Projectile- 3 years
5. PepperBall Live MAXX Projectile- 3 years
6. PepperBall Inert Projectile- 3 years
7. PepperBall VXR Inert projectile- 3 years
Fiscal impact
Annual maintenance is approximately $50 for each PepperBall launcher. During 2024, $1,542 in pepperball rounds was purchased to re-supply rounds used during training and deployments. Budgeted police funds are used for the replacement costs of this equipment.
(2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response. (6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments.
EXHIBIT B
Policy
707
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Military Equipment
707.1 PURPOSE AND SCOPE
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local governmentofficials, as well· as a right to participate in any governmentagency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
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• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Yuba City Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.It is the policy of the Yuba City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Yuba City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
1 .Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description. quantity. capabilities. and purchase cost of current UAS:
i. DJI MAVIC MINI 2, cost: $630 each, quantity: 4.Small UAS that weighs approximately 249 grams and is able to record video and audio with approximately
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32 minutes of flight time. The department intends to purchase 2 additional drones during 2024 for a total of 6.
ii. Autel Robotics EVO II Duel 640T, cost: $8,500, quantity: 1. UAS that weighs approx.1150 grams and is able to record video, thermal video, audio, and is able to project audio, with approximately 38 minutes of flight time.
iii.
(a) DJI Matrice 350 RTK, cost: $30,980.00, quantity: 1. UAS which weighs 6.47 kilograms and can carry 2.7 kilograms of cargo, has a flight time of up to 55 minutes, can operate at elevations of up to 7,700 feet, and has advanced infrared and spotlight capabilities with zoom capabilities of up to 1,000 meters.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Missing Persons
(b) Any rapidly evolving or developing emergency situation (c) SWAT deployments/tactical situations
(d) Crime scene investigations
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Ficscal Impact
Annual maintenance and battery replacement cost is approximately $4,000. Training cost is $200.
Budgeted departmental equipment and training funds are used for these items. f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must maintain a minimum of 1 hour of flight time per month as well as quarterly training.
(2) There have been no complaints of concern regarding the department military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and no actions taken in response.
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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no equipment being sought.
2. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description. quantity. capabilities. and purchase cost i. Avatar II Tactical Robot, Robotx Technology Solutions, cost: $12,389 each, quantity: 1. The Avatar II Tactical Robot is a rugged, easy to use, tactical robot which enhances the capabilities of law enforcement and first- responders by allowing them to safely and quickly inspect dangerous situations. The Avatar II has the ability to navigate rugged terrain, climb stairs, and is equipped with a microphone and speaker to communicate with dangerous suspects. b. Purpose
To be used to remotely gain visual/audio data, open doors, communicate with barricaded subjects and clear buildings.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots identified at sections 2. Use is established by the SWAT Team Leader, Tactical Commander and or Incident Commander.
d. Expected Life Span
All robots, 10-15 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $200. Budgeted department equipment funds are used for this item.
f. Training
Robot operator training is conducted annually during SWAT trainings. (2) There have been no complaints or concerns received concerning the military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no equipment being sought. g. Legal and Procedural Rules
It is the policy of the Yuba City Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
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3. Armored Vehicles : Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description. quantity. capabilities. and purchase cost i. LENCO BEARCAT, G2, cost: $315,518.65, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel.It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
iii.Mine-Resistant Ambush Protected (MRAP), cost: Free (Military 103 program), quantity: 0..The MRAP is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This item will be removed in the next annual report for 2024.
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training
d. Lifespan
Lenco Bearcat models G2 and G3, 25 years.
e. Fiscal Impact
Annual maintenance cost of approximately $10,000.
There has been no training cost associated with these vehicles. Maintenance for the vehicles is funded by budgeted Public Works funds for vehicle maintenance. f. Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
(2) There have been no complaints or concerns regarding the department's military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.
g. Legal and Procedural Rules
Use is established under General Order 580.18. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and as a method to deploy chemical agents from a safe distance.
a. Description. quantity. capabilities. and purchase cost i.DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, LMT #1425, cost:
$1090, quantity: 7. The 40MM Single Launcher is a tactical single shot launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles. ii. PENN ARMS, 40MM LAUNCHER, #GL1-40, cost: $1003, quantity: 8. The 40MM Single Launcher is a tactical single shot launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles.
iii. PENN ARMS, 40MM MULTI-LAUNCHER, #GL65-40, cost: $3146, quantity: 1. The 40MM Multi-Launcher is a tactical platform capable of holding six projectiles in the launcher. It will launch 40MM less lethal projectiles and 40MM chemical agency projectiles. This platform is more suitable for deploying multi projectiles in a shorter amount of time. This is effective during less lethal and or chemical agent deployments.
iv. Combined Tactical Systems, 40MM Sponge Spin Stabilized Foam Baton, #4557, cost: $21.33, quantity: (Up to 300) A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 260 FPS. The 60-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 150 feet from the target.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
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iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
vi. Barricaded subjects
d. Training ·
Sworn members utilizing 40MM less lethal, chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agent instructors. e. Lifespan
Defense Technology LMT #1425- 25 years.
Penn Arms #GL1-40- 15 years.
Penn Arms GL65-50-15 years..
Model 6325 Exact Impact Sponge- 5 years.
f. FISCAL IMPACT
Annual maintenance is approximately $50 for each launcher.Training cost is 2 rounds per year per officer, totaling approximately $2,559. During 2024, a re-supply of 40mm baton rounds was purchased for $1,559. Budgeted police funds are used for the training costs of this equipment. (2) There have been no complaints or concerns regarding the department's military equipment. (3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional ammunition needed for training or deployment. g. LEGAL AND PROCEDURAL RULES
It is the policy of the Yuba City Police Department to utilize the 40mm for official law enforcement purposes pursuant to State and Federal law, including those regarding the use of force.
5. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge SuperSock Beanbag Round. a. Description. quantity. capabilities. and purchase cost i.REMINGTON870 LESS LETHAL SHOTGUN, cost: $946, quantity: 13. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, #2581 cost: $6, quantity: (up to
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1000). A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model2581 Super- Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold or "stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal Shotgun- 25 years.
Super Sock Round- No listed expiration date.
e. Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. Training cost is 5 rounds per year per officer, totaling approximately $1,950. During 2024, a re-supply of less lethal 12-gauge rounds was purchased for $1,852. Budgeted police funds are used for the training costs of this equipment.
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. (2) There have been no complaints or concerns regarding the department military equipment in 2024.
(3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
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(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional ammunition needed for training or deployment. g. Legal and Procedural Rules
It is the policy of the YCPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
6. Combined Systems LC5 40MM Launching Cup:Cups that attaches to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a.Description. quantity. capabilities. and purchase cost i. COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $150, quantity: 1.
The LC5 Launching Cups are designed for the 5200 series grenades.The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.Allows chemical agents to be deployed from a distance, behind cover and concealment.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1.Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
4. Training exercises or approved demonstrations.
d. Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance.
There are no additional training costs for this.
f. Training
Officers utilizing the launching cups are trained by POST certified chemical agent instructors. (2) There have been no complaints or concerns regarding the department military equipment in 2024.
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(3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought.
g. Legal and Procedural Rules
Use is established under the Standard Operating Procedure and Policy 707. It is the policy of the Yuba City Police Department to utilize the 40mm Launching Cup only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
7. Distraction Devices: A device used to distract dangerous people. a. Description. quantity. capabilities. and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG, cost: $62 ea., quantity: (up to 60).A non-bursting, non-fragmenting multi (2)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
ii. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost: $139 ea., quantity:(up to 50).
A non-bursting, non-fragmenting multi (9)-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. One of these devices was used in training and one was used during a real-world incident
iii. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $45 ea.,quantity: (up to 150). The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. 8 of these devices were used on real-world incidents and 3 were used during training.
b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults,hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use
Diversionary Devices shall only be used:
1.By officers who have been trained in their proper use.
2. In hostage and barricaded subject situations.
3.In high risk warrant (search/arrest)services where there may be extreme hazards to officers.
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4.During other high-risk situations where their use would enhance officer safety.
5. During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance. There is no training cost outside of normal scheduled SWAT training. The cost of training devices is approximately $1,080 (approximately 2 devices deployed in training per year, per operator). During 2024, $1,645 was spent on replenishing the inventory of distraction devices. Budgeted police funds are used for the replacement costs of this equipment. f. Training
Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
(2) There have been no complaints or concerns regarding the department military equipment in 2024.
(3) The results of any internal audits have revealed no violations of the military equipment use policy, and any actions taken in response.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. There is no additional equipment being sought with the exception of additional devices needed to re-supply inventory due to training or deployments.
g. Legal and Procedural Rules
Use is established under General Order 580.16. It is the policy ofthe YCPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Rifles: Guns ·that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description. quantity. capabilities. and purchase cost i. GA Precision (AR-10).308 CALIBER RIFLE, MODEL GAP-10, cost: $3,580.00, quantity: 1.
The GAP-10 with 18"8arrel, AR-10, is a precision style rifle.This firearm is chambered in.308 Winchester/7.62 NATO and has an 18" barrel.This rifle is primarily used in an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response.The GAP-10 is no longer being produced.The 2nd Generation GAP-10 retails for $3,724.00.
ii. FNH SCAR-17.308 caliber rifle, cost: $1800 each Quantity: 2. The SCAR with 18" barrel a precession-stylerifle that is more powerful than a standard rifle. The firearm is chambered in a.308
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Winchester/7.62 NATO. This rifle is primarily used an over watch capacity to protect the community during large events and Tactical Situations that require Sniper Response. iii. Hornady.308 Winchester 168 gr ELD-M Tap rifle round cost, $250 per case of 200. Quantity:
(up to 40 cases).
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
GA Precision GAP-10.308 rifle -15 years
(SCAR INCLUSION) FNH SCAR-17.308 caliber rifle -15 years (.308 AMMO INCLUSION) Hornady.308 Winchester 168 gr ELD-M Tap rifle round – No expiration e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. The associated training cost is for the.308 ammunition. During 2024, $1,063 was spent on.308 ammunition for training. Funds for maintenance and ammunition is from budgeted police equipment funding. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
Audit
(2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response.
(6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments. g. Legal and Procedural Rules
Use is established under the Standard Operating Procedure. It is the policy of the Yuba City Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
9. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
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a. Description. quantity. capabilities. and purchase cost i. COMBINED TACTICAL SYSTEMS (CTS), Baffled Riot CS Smoke Grenade,#5230B, cost:
$39.81, quantity: (Up to 60). This pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The munition is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent or dangerous subjects. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.2 in. by 2.6 in. and holds an approximately 25 gm. of active agent payload. It has an approximate burn time of 20-40 seconds. ii. COMBINED TACTICAL SYSTEMS (CTS), 40mm CS Liquid Barricade Projectile,#4330, cost:
$26.97, quantity: (Up to 75). The 40mm CS Liquid Barricade Projectile is designed specifically for penetrating intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors, and deliver irritant agents into an adjacent room(s). This launchable munition is 4.1 in. long and 40mm in diameter and holds approximately 10 gm of active agent.
iii. COMBINED TACTICAL SYSTEMS (CTS), Outdoor Tactical Grenade CS, #8230, cost $25.37, quantity: (Up to 30). The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use or in a "Fire safe deployment canister" and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. This grenade will deliver approximately 30 gm. of agent during its 20-40 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections.
iv. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade, #6210. cost:
$31.72, quantity: (Up to 20). White indoor/outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits gray-white smoke only for approximately 20 to 40 seconds.It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
v. COMBINED TACTICAL SYSTEMS (CTS), White Smoke Canister Grenade,#6210HC. cost:
$35.50, quantity: (Up to 35). White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone. Emits gray-white smoke only for approximately 20 to 40 seconds. It is approximately 6.0 in. in length by 2.34 in. Does not contain chemical agents.
vi. COMBINED TACTICAL SYSTEMS (CTS), OC-CS Vapor Grenade, #6343, cost:$43., quantity: (Up to 10). The OC-CS Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) and compound 2- chlorobenzalmalononitrile (CS} in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC-CS Vapor on the subject is dramatic and requires no personal decontamination. Removing the subject from the affected area
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to fresh air will resolve respiratory effects within minutes. The OC-CS Vapor Aerosol Grenade is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder ·or liquid devices is not practical or desired. ·The munitions contain 30 gm of active OC-CS chemical agents. vii. DEFENSE TECHNOLOGY,OC AEROSOL GRENADE 1.3°-k FOGGER, 6 OUNCE, #56854, cost: $24.90, quantity: (Up to 20). The 6 oz. OC Aerosol Grenade will deliver its payload of 1.3% MCo/o OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3°-k OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements. viii. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 1 OUNCE, #56814, cost: $18.65, quantity: (Up to 20). The 1 oz. OC Aerosol Grenade will deliver its payload of 1.3°-k MC% OC in 20-25 seconds. It is ideal for situations where the use of pyrotechnic, powder, or liquid devices are not practical or desired. The 1.3% Major Capsaicinoids provides sufficient effects in confined areas of up to 6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms.
The Aerosol Grenade Fogger was designed as an operator controlled instantaneous initiated aerosol grenade. It is a non- pyrotechnic that contains no CFCs, is not a fire hazard and requires minimal decontamination.
ix. DEFENSE TECHNOLOGY, MUZZLE BANG LAUNCHING CARTRIDGE, 12 gauge. #1210, cost $8.50, quantity (Up to 30). This munition incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management or for propelling grenades when using the 1370 Launching Cup. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to: Selfdestructive individuals and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
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5 years from manufacturing date. Budgeted police funds are used for the training costs of this equipment.
f. Fiscal Impact
No annual maintenance. Training cost is the replacement of training and gas used during actual deployments. During 2024, a re-supply of chemical agents cost the following:
$754.56 on 40mm CS ferret rounds.
(2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response.
(6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments. g. Legal and Procedural Rules
Use is established under the Yuba City Police Department Chemical Agent Manual 580."07. It is the policy of the Yuba City Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
10. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description. quantity. capabilities. and purchase cost i. ROYAL REMINGTON 870 EXPRESS BREACHING SHOTGUN, Cost: $500, quantity: 3.
This weapon allows for Breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.
This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
ii. ROYAL ARMS TESAR-1 ORANGE CAP 275 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 30). The round is fired from a breaching shotgun and is used to destroy solid wood doors, locks and hinges iii. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND, Cost: $8 per round, quantity: (Up to 200). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
iv. ROYAL ARMS TESCR#3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, Cost: $5 per round, quantity (Up to 30). The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
v. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, Cost: $6.50 per round, quantity: (Up to 30)The rounds are fired from a breaching shotgun and is
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used as a diversionary round and can be used to break glass and shot at a velocity of 270-290 feet per second (FPS).
vi. ROYAL ARMS MB-70S 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $6.50 per round, quantity: (Up to 30)The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
vii. ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $9 per round, quantity: 1 (Up to 30)The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass. b. Items intended to be purchased during 2025
The following list of items would need to be purchased as an initial start-up for an explosive breaching program. Annual costs would just replace items as they run out. Total annual cost of maintenance is listed in the fiscal impact below. The equipment would be purchased utilizing budgeted funds for police equipment.
Energetic Compositions (5 year shelf life)
(a) 18 gr Det Cord 200' (Up to)(est. $200)
1. Can be used to create precision-based charges
2. Can create up to 33 linear charges
(b) 25 gr Det Cord 200' (Up to)(est. $200)
1. Used to +/- N.E.W (net explosive weight) with moderate adjustments
2. Can create up to 33 linear charges
(c) 50 gr Det Cord 200' (Up to )(est. $200)
1. The standard composition for Law Enforcement programs
2. Can create up to 33 linear charges
(d) 100 gr Det Cord 200' (Up to)(est. $200)
1. Most suitable for commercial and/or security screen doors
2. Can create up to 33 linear charges
(e) 14 gr Blasting caps (qt 25) with 30' leads (est. $15ea/ $375 total) Non-consumable Components:
(a) CGS Pandora Firing system x2 (est. $2,200)
(b) Coyote Gordita Energetics equipment bag x2 (est. $200) (c) Measuring tape x2 (est. $20)
(d) Razor knives x2 (est. $20)
(e) Storage Type 2 Magazine (already possessed)
(f) Storage Type 3 Magazine (1 day box) (est. $1000)
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(g) Shock tube cutters (PTFE) x4 (est. $40)
(h) Soileater shocktube container (2) (est. $50)
Consumable Components:
(a) 209 primers (50-100) (est. $20)
(b) Breachers tape (2 50" rolls 60mil) (est. $114)
(c) Hydrogel tape (1 300' roll) (already possessed)
(d) Duct Tape (5 rolls) (est. $40)
(e) Electrical Tape (5 rolls) (est. $25)
(f) Gaffers Tape ( 5 rolls) (est. $50)
(g) Double-sided Tape (generic 2 rolls) (est. $25)
(h) K-Clips (50 pack) (est. $250)
(i) Delivery Hose (free through YCFD/LFD)
(j) 330B 8" rubber plates x4 (est. $50)
(k) Water bags/IV bags (free)
(l) Gel powder ($20)
(m) FRP Trim ¼" x 1-3/8"x96" (8) (est. $40)
(n) Miscellaneous: rubber strips, food containers, pipe insulation, rubber bands, otter pops, hot glue gun, etc. (est. $75)
c. Purpose
To safely gain entry into a structure. The following items would be purchased in 2024 and are intended to give the SWAT Team the capability to utilize explosive breaching. Explosive breaching is a fast, effective, and safe way to gain quick entry into a dwelling or structure during high-risk situations.
d. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Use of explosive breaching equipment requires officers to be trained in the application of equipment. e. Lifespan
(a) Breaching Shotgun- 25 years
(b) Royal Arms Tesar-1 orange cap 275 grain copper breaching round- 5 years (c) Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years (d) Royal Arms Tesar-3 green cap 375 grain clayvon frangible breaching round- 5 years (e) Royal Arms FB-82H 12-gauge 82 grain flash bang hard core breaching round- 5
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(f) Royal Arms MB-70S 12-gauge muzzle blast flash bang soft breaching round- 5 years (g) Royal Arms Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years **(Initially excluded lifespan information)**
(h) Energetic Compositions- 5 years
(i) Non-Consumable Components- Varies an excess of 5 years (j) Consumable Components- 2-3 years depending on the product f. Fiscal Impact
Annual maintenance is approximately $500 for 12 gauge shotgun rounds. The initial startup for the explosive breaching program is $5,414, which is a shared cost with the Yuba County Sheriff's Department ($2,707 is the YCPD portion). Estimated replacement cost of items associated with explosive charge breaching is up to $950. This is a split cost with the Yuba County Sheriff's Department.Training cost is the actual cost of any replacement rounds for shotgun breaching.
Training costs for explosive breaching is an average of $2,000 per year. This is based on a total of 4 trained operators attending a course every 3 years to stay current on breaching. There were no additional replacement 12 gauge rounds during 2024. Budgeted police funds are used for the replacement costs of this equipment.
f. Training
Shotgun breaching or explosive breaching shall be limited to SWAT personnel who have attended a Shotgun Breaching or explosive breaching course or received documented training. (2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response.
(6) Replacement rounds for 12-gauge breaching rounds may be sought if needed. The above listed items are being sought for purchase during 2024. g. Legal and Procedural Rules
It is the policy of the Yuba City Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
11. PepperBall Launcher: A device that discharges irritant projectiles. a. Description. quantity. capabilities. and purchase cost i. PepperBall VKS CARBINE, cost: $1300, quantity 4. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that offers the ability to quickly switch between Hopper mode and Magazine mode for optimum versatility.
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ii. PepperBall FTC PRO Launcher, cost $700, quantity 2. The FTC Launcher is a compressed air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall FTC is a hopper fed semi-auto system.
iii. PepperBall LIVE PROJECTILE, cost: $2 per projectile, quantity 50 (up to 500). The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. iv. PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 100 (up to 200) The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. v. PepperBall LIVE MAXX PROJECTILE, cost $6 per projectile, quantity 50 (up to 100). The Live Maxx projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5%MAXSAICINPAVA Powder.
vi. PepperBall INERT PROJECTILE, cost: $.80 per projectile, quantity 950 (up to 1500). The VXR Inert Projectile is a non-lethal round. The projectile contains approximately no PAVA powder. This projectile is best for direct impact with no PAVA powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.0% PAVA powder. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive,· dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d. Training
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Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agents instructors.
e. Lifespan
i. PepperBall VKS Carbine- 20 years
ii. PepperBall FTC PRO Launcher- 20 years
iii. PepperBall Live Projectile- 3 years
iv. PepperBall Live-X Projectile- 3 years
v. PepperBall Live MAXX Projectile- 3 years
vi. PepperBall Inert Projectile- 3 years
vii. PepperBall VXR Inert projectiles - 3 years
f. Fiscal impact
Annual maintenance is approximately $50 for each PepperBall launcher. During 2024, $1,542 in Pepperball rounds was purchased to re-supply rounds used during training and deployments.
Budgeted police funds are used for the replacement costs of this equipment. (2) There have been no complaints or concerns regarding the military equipment in 2024. (3) There have been no violations of the military equipment use policy, or any actions taken in response.
(6) No additional military equipment is needed in the next year with the exception of replenishing expended rounds used during training and actual deployments. g. Legal and Procedural Rules
Use is established under Yuba City Police Department policy 303. It is the policy of the Yuba City Police Department to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
I. MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs. Yuba City Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalCES in the event of an emergency when approved by the COP or designee. 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior
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to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy.Military equipmentused by other jurisdictions that are providing mutual aid or law enforcement related services to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid and/or assistance. 707.7 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department.
The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.
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The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a.A summary of how the military equipment was used and the purpose of its use. b.A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If YCPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
g. Within 30 days of submitting and publicly releasing an annual military equipment report, YCPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and YCPD's funding, acquisition, or use of military equipment.This shall occur as a part of YCPD's presentation to the governing body.
CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Yuba City Police Department shall be cataloged in a way which addresses each of the following requirements:
1.The manufacturer's description of the equipment.
2. The capabilities of the equipment.
3. The purposes and authorized uses for which the Department proposes to use the equipment.
4. The expected lifespan of the equipment.
5. The fiscal impact of the equipment, both initially and for on-going maintenance.
6. The quantity of the equipment, whether maintained or sought.
COMPLIANCE
1.The Field Operations Division Commander will ensure that all Department members comply with this policy. The Commander will conduct an annual audit with the assistance of Patrol Division Lieutenants. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Investigation Division Commander and handled in accordance with YCPD policy. All instances of non-compliance will be reported to City Council via the annual military equipment report.
Yuba City Police Department
Yuba City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/04/29, All Rights Reserved.
Published with permission by Yuba City Police Department Military Equipment - 23
2.Any member of the public can register a question or concern regarding military use equipment by contacting the Yuba City Police Department's Records Unit via email at [email protected]. A response to the question or concern shall be completed by the Department in a timely manner.
3.Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Patrol Division Commander.
FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
1.The Department has authority to apply for funding prior to obtaining council approval and utilizing newly acquired equipment in the case of exigent circumstances.The Department shall obtain council approval as soon as practicable.
707.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.10 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Ernesto Hernandez, Parks Supervisor
Summary
Subject: 2024 Beverage Container Recycling Grant Recommended Expenditures Recommendation:
A. Adopt a Resolution authorizing receipt, allocation and expenditure of the 2024 Beverage Container Recycling Grant
B. Authorize the Finance Director to make budget adjustments as necessary Fiscal Impact: $28,282.90 to account 100-43480. Authorize the Finance Director to make a supplemental budget appropriation for grant revenues to 100-43480 and for grant expenditures, account 5115-63688. No City match required Purpose:
To secure additional funding to be used to purchase four (4) ADA bottle fill stations with attached pet fountains.
Council's Strategic Goal:
This item addresses City Council's Strategic Goal of Fiscal Responsibility.
Background:
The Beverage Container Recycling Grant Program through CalRecycle provides opportunities to California local government agencies, cities, counties, regional programs, public colleges and universities, public school districts, non-profit organizations, and qualifying Indian Tribes to promote increased recycling of beverage containers throughout California and reduce the beverage container litter in the waste stream. The grant program issues up to $1,500,000 annually in the form of grants for beverage container recycling and litter-reduction programs.
The Yuba City Parks Department has been granted $28,282.90. The total grant funding received will cover the cost of purchasing the fountains, including installation hardware and materials. Installation will be managed by the Parks Department. Costs associated with installation are covered by the grant.
CalRecycle limits the eligible costs to personnel costs directly related to the start-up/implementation, purchase of equipment or materials related to infrastructure, purchase of water refill stations, including the installation, replacement of current infrastructure, plumbing, maintenance, additional attachments
or modifications, and related educational and outreach activities/materials promoting water refill stations.
Analysis:
The Yuba City Parks Department recommends purchasing four (4) ADA bottle fill stations with attached pet fountains which are intended to promote sustainability by encouraging park visitors to refill reusable water bottles and provide hydration for pets during their visits. The four fountains will be installed across parks that are heavily frequented by both individuals and dog owners, contributing to the city’s overall effort to enhance park infrastructure.
The benefits of bottle-filling fountains with dog bowls are:
• Environmental Impact: The installation of bottle-filling stations will reduce single-use plastic bottle waste. With increasing public awareness of environmental issues, these fountains provide an eco-friendly alternative for park-goers to hydrate. • Health & Hydration: These fountains ensure that both people and their pets have easy access to clean drinking water. This is especially beneficial in parks with large numbers of visitors or during summer months when hydration is crucial.
• Enhanced Park Experience: Dog owners will benefit from the addition of dog bowls, making parks more pet-friendly and encouraging longer visits. The bottle-filling feature ensures that visitors do not have to carry bulky bottles, improving overall convenience and satisfaction. • Community Engagement: By installing these fountains, the city demonstrates its commitment to both sustainability and community well-being, which can foster goodwill and increase park usage. It also serves as a positive example of grant funds being used effectively.
The fountains will be installed in the following parks, based on a combination of foot traffic, available space, and the presence of dog owners:
1. Shanghai Garden Park – Popular for its new recently installed playground structures and splash pad. It is located in the most southern part of the city limits, surrounded by a dense population of family-filled households.
2. Bogue Park – A small neighborhood park tucked into the southeast corner of our city that has recently had a new playground installed. This park originally did not have any type of public drinking fountain. With the help of our Public Works Department, we will be able to install and provide clean drinkable water for the park patrons.
3. Blackburn Talley Park – This park is attached to the City’s softball sports complex, which facilitates league softball play and frequent weekend softball tournaments. The park has a baseball-themed playground that many of the players' children use, along with several picnic tables and shade areas for families to gather under.
4. Lloyd Park – A well-trafficked park with a large play structure. The addition of a dog bowl will complement existing pet-friendly initiatives.
The fountains will be equipped with water-efficient technology to minimize water waste, such as automatic shutoff systems when bottles are refilled. The fountains are made from durable, weatherresistant materials designed to withstand varying environmental conditions, ensuring long-term use.
Preliminary feedback from park-goers suggests strong support for the addition of bottle-filling stations.
Dog owners, in particular, have expressed enthusiasm about the convenience and sustainability benefits. Clear signage will be placed near the fountains to encourage use of the water refill stations and provide instructions for proper dog bowl use.
Fiscal Impact:
$28,282.90 to account 100-10208. Authorize the Finance Director to make a supplemental budget appropriation for grant revenues to 100-43480 and for grant expenditures, account 5115-63688. No City match required.
Alternatives:
Do not approve staff's recommendation and forfeit the grant.
Recommendation:
A. Adopt a Resolution authorizing receipt, allocation and expenditure of the 2024 Beverage Container Recycling Grant
B. Authorize the Finance Director to make budget adjustments as necessary Attachments:
1. Resolution - 2024 Beverage Container Recycling Grant
2. Outdated Water Fountains
3. New Water Fountain
Prepared By: Submitted By:
Maddy Laffond
Administrative Assistant
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE OF THE 2024
BEVERAGE CONTAINER RECYCLING GRANT AND AUTHORIZING THE FINANCE
DIRECTOR TO MAKE BUDGET ADJUSTMENTS AS NECESSARY
WHEREAS, The Beverage Container Recycling Grant Program through CalRecycle provides opportunities to California local government agencies, cities, counties, regional programs, public colleges and universities, public school districts, nonprofit organizations, and qualifying Indian Tribes to promote increased recycling of beverage containers throughout California and reduce the beverage container litter in the waste stream; and,
WHEREAS, The Yuba City Parks Department has been granted $28,282.90. The total grant funding received will cover the cost of purchasing the fountains, including installation hardware and materials; and,
WHEREAS, The Yuba City Parks Department recommends purchasing four (4) ADA bottle fill stations with attached pet fountains which are intended to promote sustainability by encouraging park visitors to refill reusable water bottles and provide hydration for pets during their visits. The four fountains will be installed across parks that are heavily frequented by both individuals and dog owners, contributing to the city’s overall effort to enhance park infrastructure; and,
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
Section 1. The City Council authorizes receipt, allocation and expenditure of the 2024 Beverage Container Recycling Grant. It is acknowledged that the grant amount is $28,282.90. It is recognized that there is no match required.
Section 2. The City Council of the City Yuba City authorizes the Finance Director to make a supplemental budget appropriation for grant revenues to 100-43480 and for grant expenditures, account 5115- 63688.
Section 4. 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 20th day of May 2025.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
ATTACHMENT 3
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Active Transportation Plan - Contract Award
Recommendation: Adopt a Resolution which takes the following actions:
A. Awards a Professional Services Agreement to Fehr & Peers, of Roseville, CA for the Active Transportation Plan in the amount of $313,500, subject to material terms, with the finding that it is in the best interest of the City B. Authorizes the Finance Director to make a supplemental appropriation in the amount of $30,000 from unallocated Transportation Development Act funds to CIP Account No. 911338-65501
Fiscal Impact: $349,175 – Total Plan Cost – Account No. 1338 (Active Transportation Plan) $313,500 - Contract Award Amount
$20,000 - Plan Management
$15,675 - Plan Contingency (5%)
Purpose:
To improve the City's active transportation network through the creation of a comprehensive master plan for future active transportation projects.
Council Strategic Goal:
Preparation of the Active Transportation Plan addresses City Council's Strategic goal of improving infrastructure, as the Plan will ultimately provide guidance for the expansion of the City's active transportation network.
Background:
In March of 2023, the Public Works Department applied for a Caltrans Sustainable Transportation Planning Sustainable Communities Grant (Grant) to secure funding for an Active Transportation Plan (Plan). The Plan will identify future projects that will improve the transportation networks for bicyclists, pedestrians, those with disabilities, and Yuba-Sutter Transit. In January of 2024, the City was notified that it was awarded $298,788 for the grant, with a local match of $38,712.
On February 25, 2025, the City issued a Request for Proposals (1338-RFP-25) via Public Purchase for
the preparation of the Active Transportation Plan. The scope of services solicited in the RFP includes data collection and analysis, community engagement, policy development, financial strategy and implementation schedule, and preparation of final plan documents.
Analysis:
The City received eight proposals. A review of each proposal was completed by a selection committee of Public Works Engineering and Development Services Planning staff. The proposals were ranked using the following evaluation criteria:
Evaluation Criteria Maximum Score
Project Understanding 25 points
Methodology 20 points
Project Schedule 25 points
Experience and Qualifications 20 points
References 10 points
Total: 100 points
While all of the consultants were highly qualified, the selection committee ranked Fehr & Peers as the top-ranked, responsive proposer, with an average score of 95.8. Fehr & Peers' proposal exhibited their vast experience with State and Federal agencies, provided a thoughtful outreach process inclusive of English, Spanish, and Punjabi speaking residents, and outlined environmental and right-of-way services in a manner that is cognizant of existing conditions.
Fehr & Peers was selected as the top-ranked traffic engineering consultant for on-call services through a competitive RFP process in December 2022, resulting in a contract to prepare the City's Local Roadway Safety Plan. Fehr & Peers also developed the City's travel demand model in 2004, updated it 2020, and prepared numerous traffic impact studies for both city and private development projects throughout the Sphere of Influence. This experience provides Fehr & Peers with a unique familiarity with the community, and its vision for future development. Fehr & Peers has the professional qualifications for the services required, availability, and can provide the services at a fair and reasonable cost.
Fiscal Impact:
The total contract amount to be awarded is $313,500 of which $298,788 would consist of State Highway Account (SHA) grant funds, and $14,712 would be local funds. Additionally, staff is requesting a 5-percent contingency of $15,675, for any unforeseen circumstances or additional work that may be required to complete the Plan, and $20,000 for staff time to manage the plan throughout the 12-month project period, resulting in a total cost of $349,175 to complete the Plan.
There is approximately $320,000 available in CIP Account No. 1338 (Active Transportation Plan). Staff is therefore requesting that the Finance Director be authorized to make a supplemental appropriation of unallocated Transportation Development Act (TDA) funds in the amount of $30,000 to CIP Account No. 911338-65501. Staff is also requesting that the Finance Director be authorized to accept the $298,788 in grant funds. Once the Plan has been completed and approved, staff will request reimbursement from Caltrans for the grant funds.
Alternatives:
1. Modify the terms of Fehr & Peers' contract to fit within the current CIP account balance.
2. Do not award the contract to Fehr & Peers, and issue another request for proposals with a reduced scope of work to fit within the current CIP account balance. This may result in delays that could create a loss of available funds for the Plan.
Recommendation:
Adopt a Resolution which takes the following actions:
1. Awards a Professional Services Agreement to Fehr & Peers, of Roseville, CA for the Active Transportation Plan in the amount of $313,500, subject to material terms, with the finding that it is in the best interest of the City
2. Authorizes the Finance Director to make a supplemental appropriation in the amount of $30,000 from unallocated Transportation Development Act funds to CIP Account No. 911338-65501 Attachments:
1. Attachment 1 - Resolution
2. (DRAFT) PROFESSIONAL SERVICES AGREEMENT
Prepared By: Submitted By:
Jasmine Solano
Associate Civil Engineer
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO FEHR & PEERS IN THE AMOUNT OF $313,500.00 FOR THE ACTIVE TRANSPORTATION PLAN WHEREAS, the California Department of Transportation has allocated funding in the amount of $298,788.00 for the Active Transportation Plan (Plan); and WHEREAS, the Public Works Department issued a Request for Proposals No. 1338-RFP25 on February 25, 2025 to find the most qualified consultant to provide planning services for the Project; and
WHEREAS, the City received eight (8) proposals on March 28, 2025 from qualified consultants, which were evaluated by Public Works and Development Services staff and who have recommended Fehr & Peers of Roseville, CA as the most qualified consultant for award based on their completeness of proposal, understand of proposal, understanding of project and City needs, methodology, scope of services and deliverables, project schedule, experience and qualifications, cost, and references; and
WHEREAS, staff recommends awarding a Professional Services Agreement to the topranked consultant, Fehr & Peers of Roseville, CA, for the Active Transportation Plan; and WHEREAS, it has been determined by the City Council that such provisions are in the public interest.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
1. The City Council of the City of Yuba City finds that Fehr & Peers of Roseville, CA is the most qualified consultant for award based on its demonstrated competence, professional qualifications, availability, fair and reasonable cost, etc. This finding is based on the completeness of the proposal, understanding of project and City needs, methodology, scope of services and deliverables, project schedule, experience and qualifications, cost, and references. The City Council approves the “Professional Services Agreement” attached as Exhibit “A” with Fehr & Peers subject to its material terms. The City Manager is authorized to execute the same on behalf of the City and to make any non-material, technical, and clerical edits and corrections to the agreement subject to approval as to form by City Attorney.
2. The City Council of the City of Yuba City authorizes the Finance Director to make a supplemental appropriation in the amount of $30,000.00 from unallocated Transportation Development Act funds to CIP Account No. 911338-65501.
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 20th day of May, 2025.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):
A. (Draft) Professional Services Agreement
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May 20, 2025 by and between the City of Yuba City, a municipal corporation (“City”) and Fehr & Peers (“Consultant”).
RECITALS
Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
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
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, but prior to April 16, 2026.
3. Method of Payment.
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year
applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $313,500. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate.
Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
Josh Wolffe
Public Works - Engineering
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $313,500.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
4. 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.
5. Termination.
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
6. 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.
7. Consultant’s Books and Records:
A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
8. 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).)
9. 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.
10. Conflict of Interest.
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
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. State Prevailing Wage Rates.
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
3. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
4. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
5. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
6. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
7. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due.
CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant
in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient
money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and 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.
15. 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.
16. 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.
17. 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 Josh Wolffe
Public Works - Engineering
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
If to Consultant: David Moore
Project Manager
Fehr & Peers
1013 Galleria Boulevard, Suite 255
Roseville, CA 94567
(916) 773-1900
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Disputes. Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
26. 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.
27. 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.
28. 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.
29. 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: _________________________ Robert Bendorf Adrian Engel, PE
Interim City Manager Principal in Charge
City of Yuba City Fehr & Peers
Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
EXHIBIT A
Scope of Services
Our proposed work plan is provided below. We understand that the scope of work has been approved by Caltrans, and we will align our efforts within. Our work plan highlights some of the processes and deliverables we will utilize to complete the Active Transportation Plan. If selected, during the negotiations process we will integrate our work plan into the Caltrans Scope of work but have only included the highlights below for brevity within the proposal. Unless otherwise noted, for each memo and report, a draft will be provided for comments, then comments consolidated by
the city will be addressed and incorporated into the final deliverable.
Given the current Scope of Work’s omittance of a specific project management scope item, Fehr & Peers has
addressed this by allocating time to each task that will be reserved for project management and administration
related tasks. To this end Fehr & Peers will conduct a kickoff meeting with City staff to establish a future monthly meeting schedule of up to 20 bi-weekly meetings and
refine the overall key project milestones schedule and
discuss the community outreach approach. We will prepare meeting agendas and provide summary notes for each biweekly or alternately arranged frequency, check-in meeting and will provide monthly progress reports tracking work completed and project budget.
Data Collection & Analysis
Fehr & Peers will analyze current conditions for pedestrians and bicyclists based on a comprehensive set of GIS, field, and data collected through our recent LRSP efforts with the City. Crash data involving people walking and biking will be analyzed for safety related outcomes. Fehr & Peers will leverage additional data resulting from previous
work with Yuba City staff including the 2040 General
Plan Update, LRSP, and Yuba City Fee Update projects
to complement those data sources established in the
RFP. We will target our resources most effectively to
collect additional data through community engagement
and field observations including bicycle or walk audits of key corridors. Our staff will review relevant planning documents at the city, county, and regional scale including SACOG’s 2020 MTP/SCS and Sacramento Regional Trail
Network.
• Bicycle infrastructure data: GIS data detailing current bikeways. We have an initial set of this data from our
work on the LRSP.
• Pedestrian infrastructure data: We will work with
project manager and City Staff to determine what
pedestrian infrastructure data should be included in
analysis and final reporting.
• Safety data: We will build upon the data we developed and analyzed for the LRSP to identify the locations and characteristics of collisions involving pedestrians and bicyclists.
• Equity data: Our equity analysis will include data
approved by the Active Transportation Program,
including CalEnviroScreen, Healthy Places Index,
household income, and share of students utilizing free
and reduced-price meal programs at each school. It
may also include zero-automobile households and
other data sources for a more complete description of
the equity characteristics of the city.
• Land use data: We will identify land use based on our work on the General Plan and the travel forecasting
model, including locations of
◦ Multifamily housing
◦ Schools
◦ Parks
◦ Senior facilities
◦ Retail destinations
• Street data: We will identify the characteristics of
major streets based on our General Plan, travel
forecasting model, and LRSP work, including the
following:
◦ Functional classification
◦ Number of lanes
◦ Speed limits
◦ Traffic volumes
• Transit data: Yuba-Sutter Transit data on local transit usage to highlight frequently used bus stops and
routes.
• Mode share data: We will use Census and American
Community Survey data, and relevant data previously
gathered for projects within the City limit to identify commute mode share within the city.
• Bike parking data: Information about locations and
types of bicycle racks, if available. We will supplement
5. Scope of Work
9 FEHR & PEERS
existing data with a review of important retail
destinations and government destinations. We will
solicit information on bike parking at schools during
conversations with local school officials. We will also solicit the public for information about local bike
parking during our online and in-person outreach.
DELIVERABLES
List of reviewed documents
Tables of data to be included in the Final Plan
Documentation of audits
GIS layers and maps of existing facilities and
collision data
Hot spots of high injury analysis
Memo summarizing findings
Community Engagement
Fehr & Peers in partnership with Civic Thread provide
the City with an unmatched seamless dynamic, critical in delivering the final Yuba City ATP in the condensed time frame. David Moore, a former Project Manager at Civic
Thread will leverage his existing relationships and historical understanding of Civic Thread’s work to avoid bottlenecks that can arise between planning and community
engagement consultants. Our engagement effort will be
conducted via two key phases of the project including July through early August and late September through early
October. These efforts will be bookended by less intensive project promotion and closeout efforts.
Throughout the duration of the project, Civic Thread will incorporate multiple engagement strategies to reach
community members where they are and provide a
diversity of options for multi-lingual participation focusing on English, Spanish, and Punjabi. All in-person outreach opportunities will include light snacks and refreshments.
Engagement events will include up to three community
meetings to share analyses and information about the
proposed plan, receive feedback on active travel barriers and opportunities, and engage in project prioritization.
Meetings will offer a presentation, and engagement
activities will be creatively developed and utilize interactive materials such as maps and dotmocracy activities.
Civic Thread will pop-up at two (2) established meetings throughout the project that serve disadvantaged
communities to share project updates and promote
interactive opportunities through focus groups or surveys to provide feedback. Meetings may include parent
meetings through YCUSD, neighborhood association
meetings, and community-based organization events.
Civic Thread will coordinate schedules with City of Yuba City staff for their attendance and materials.
Working with identified community partners, Civic
Thread will organize two to three (2-3) focus groups that reach community leaders that live in or work closely with Punjabi/Spanish speaking populations. Focus group
questions and activities will be developed in collaboration with Fehr & Peers and the City of Yuba City to ensure
feedback is in alignment to the project phase. Venue,
attendance, and general logistics will be coordinated by Civic Thread.
Up to two (1-2) surveys will be developed in collaboration with Fehr & Peers and City of Yuba City that will offer a convenient and quick way for community members to
participate in feedback at different phases of the project.
Civic Thread will oversee the survey and summarize the
results. Surveys will be offered in person through Pop-Up Presentation Meetings and distributed through trusted
community partners, as well as a virtual version promoted through the project webpage. Surveys will be translated in Spanish and Punjabi.
Civic Thread will support the creation of multilingual online content, such as social media graphics, in alignment with project branding guidelines, and coordinate with Fehr & Peers and City of Yuba City for necessary approvals.
Fehr & Peers staff recommend the first City Council
meeting presentation be delivered upon the completion
of the first round of engagement in early August. This
will allow City Council to be informed of the plan’s
development, the existing conditions and the public’s
response to those conditions as well as the communities recommendations for improvements.
The second City Council meeting is recommended to take
place in late November or early December allowing Council to see and provide input to the deliverables within Task 4, notably the proposed network and the top priority projects and their associated planning level cost estimates as well as community input on these elements. While traditionally we would include a presentation to City Council of the draft ATP plan, given the time constraints, we feel it pertinent for City Council to see and provide comment on all elements of the plan before a third and final presentation is made of the final ATP plan for their adoption.
YUBA CITY ACTIVE TRANSPORTATION PLAN PROFESSIONAL ENGINEERING SERVICES 10
DELIVERABLES
Project webpage on City’s website
Outreach and marketing strategy staff reports
Advertising: copies of invitations (newspaper
notices, social media posts, handouts, posters),
bilingual services provided
Meeting agendas and sign-in sheets
Meeting presentations
Photographs of meetings
Survey results
Summary of feedback received
Policy Development
Fehr & Peers are leaders in the development and
implementation of active transportation related policies.
Our staff will review current, relevant policy related
materials and provide recommendations that align
industry best practices consistent with the City’s five E’s (Equity, Diversity, & Inclusion (EDI); Engineering; Education; Encouragement; and Evaluation & Planning).
We understand the importance of a city’s active
transportation plan to seamlessly integrate with the
surrounding jurisdiction’s efforts in support of not only improving accessibility and safety, but as a necessary
condition for receiving future implementation funding.
Our staff are also acutely aware of the close coordination exhibited between Sutter and Yuba County planning teams with our involvement in SafeTREC Complete Streets Safety Assessments in 2023 and the ongoing Yuba-Sutter Regional Safety Action Plan. We will use our involvement and the in past and current projects to review plans and meet
with jurisdictional staff external to Yuba City as needed to ensure the final Yuba City ATP creates a continuous, lowstress network that invites use of active modes in and out of the City.
DELIVERABLES
Language to be included in the Draft and Final
Plan
Financial Strategy &
Implementation Schedule
Fehr & Peers will conduct Task 4 over two periods with
careful process engineering that allows the close working relationship between Fehr & Peers, Mark Thomas, and Civic Thread to strategically overlap engagement and product
development timelines.
Period one, August through mid-September will focus on
incorporating feedback from the first round of engagement and working closely with City staff to develop a proposed bicycle and pedestrian network, 20 proposed projects
and a prioritization analysis inclusionary of the Active Transportation Program’s funding criteria which will
produce 10 top priority infrastructure projects.
Engagement will then commence from late September
through the end of October to seek feedback on the
network and 20 proposed projects including the 10
top priority projects. To support the requirement for
a streamlined planning process, the community and
City staff informed projects will remain fixed, however, community feedback as to alternatives or modifications to the projects will be gathered. Fehr & Peers with work with Civic Thread to collect community feedback on a rolling basis which will expedite and inform period two of Task 4.
Period two will commence with preliminary development
of the benefit analysis and implementation strategy
since these can be performed with minimal disruption to project alternatives derived from engagement which may
otherwise significantly alter implementation costs. Once engagement has ended and the 10 top priority projects
have been informed by community and City staff feedback, Mark Thomas will develop planning level cost estimates for the top 10 priority projects which will be accompanied by suggested funding sources as part of the deliverable.
Our knowledge of regional, State, and Federal funding
sources will enable that the projects and policies that get incorporated into the final Yuba City ATP will be readily available for City staff to begin securing the funds for implementation and actualizing the benefits to community that our ATP will encompass.
11 FEHR & PEERS
Further strategic process interventions include City
staff providing a singular, consolidated set of comments synthesizing feedback from multiple staff and
departments. During the kick-off meeting in May, Fehr & Peers will work with the Project Manager and City staff to establish review turnaround times of draft materials that accommodate City staff’s needs and the necessary
expediency which the project requires. Our timeline
has been developed around the assumption that draft
deliverables can be reviewed by the Project Manager or
City staff within 5 to 10 business days, however alternative timelines can be determined once under contract and as
the overall project timeline dictates as necessary.
DELIVERABLES
GIS layer of existing and proposed bicycle
pedestrian facilities
Prioritize project lists
Facts sheets
Draft non-infrastructure projects
Prioritization methodology
Cost estimates for priority projects
List of potential revenue sources
List of expected benefits of proposed projects
Draft & Final Plans
Fehr & Peers will develop a draft active transportation plan that will be based on the memos developed for the
previous tasks and that includes community, City staff, and previously heard City Council feedback. The plan itself will be succinct, focusing on key content and messages, and
will convey information through maps, images, and tables to better define plan concepts. Supporting information will be provided in appendices. A draft resolution to adopt the plan will also be included, as will an appendix indicating where each required element of the active transportation plan is addressed.
An administrative draft plan will be developed and
provided to the City for one round of consolidated
comments. Those comments will be incorporated into a
public draft plan.
Based on feedback gathered from the draft plan review
period, we will create a third and final presentation for the City Council of Yuba City wherein we will present the final ATP for adoption. A final electronic copy of the plan will be delivered to the City.
DELIVERABLES
Plan Outline
Draft Plan
Comment and response matrix
Draft Plan presentations
Planning level cost estimates
Final Plan that includes a multi-pronged
implementation plan for recommended next
steps, credits FHWA, FTA, and/or Caltrans on the
cover of title page, submitted to Caltrans in an
ADA accessible electronic copy
Final Plan presentations for the City Council
Proof of Plan Adoption
YUBA CITY ACTIVE TRANSPORTATION PLAN PROFESSIONAL ENGINEERING SERVICES 12
Exhibit B
Agreement for Professional Services
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 self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Agenda Item 13
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Shannon Sardo, Administrative Analyst
Summary
Subject: Richland Village Affordable Housing Funding - Supplemental Appropriation Recommendation: Adopt a Resolution to:
A. Authorize the Finance Director to make supplemental appropriation of $1,000,000 to Fund 298 Account 6098-65305 to fulfill the City’s commitment to Regional Housing Authority (RHA) for Richland Village Affordable Housing and;
B. Authorize the City Manager or designee to approve the necessary documents for processing the payment of the capital funds grant to Regional Housing Authority
Fiscal Impact: $1,000,000 from the City’s Low-Mod Housing Asset Fund will be utilized for RHA’s affordable housing project
Purpose:
To provide a supplemental appropriation of $1,000,000 from the City’s Low-Mod Housing Asset Fund to fulfill the funding commitment to RHA for the Richland Village Affordable Housing project Council's Strategic Goal:
This project addresses Council’s goals of fiscal responsibility and infrastructure.
Background:
In May 2021, City Council approved a capital funds grant to Regional Housing Authority for the construction of the Richland Village Affordable Housing project in the amount of $1,000,000. This funding commitment was contingent upon RHA’s successful application with the California Department of Housing and Community Development (HCD) Affordable Housing and Sustainable Communities (AHSC) funding, as well as acquiring low income housing tax credits from the California Tax Credit Allocation Committee.
To provide support with this affordable housing project, City Council has provided two, 2-year extensions for the funding commitment, with a current expiration date of January 19, 2027.
Analysis:
RHA has obtained $30 million in AHSC funding and approximately $2 million in low income tax credits for the proposed 133-unit affordable housing project with construction expected to begin in October 2025.
With the capital funds grant requirements met by RHA, City Staff recommends authorizing a supplemental appropriation of the $1 million funding commitment and request authorization for the City Manager to approve the required documents to provide the funding to RHA.
Fiscal Impact:
The $1,000,000 is not General Fund dollars and will be utilized from the City's Low-Mod Housing Asset Fund to fulfill the approved funding commitment for RHA's affordable housing project.
Alternatives:
Do not approve the appropriation of the capital funds grant at this time and provide direction to staff on how to proceed to fulfill the funding commitment.
Recommendation:
Adopt a Resolution to:
A. Authorize the Finance Director to make supplemental appropriation of $1,000,000 to Fund 298 Account 6098-65305 to fulfill the City’s commitment to Regional Housing Authority (RHA) for Richland Village Affordable Housing and;
B. Authorize the City Manager or designee to approve the necessary documents for processing the payment of the capital funds grant to Regional Housing Authority.
Attachments:
1. Resolution - Richland Village Funding Commitment Appropriation
2. Richland Village Funding Letter and Required Documents Prepared By: Submitted By:
Shannon Sardo
Administrative Analyst II
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO APPROVE A SUPPLEMENTAL APPROPRIATION OF $1,000,000 FOR THE FUNDING
COMMITMENT TO REGIONAL HOUSING AUTHORITY FOR THE RICHLAND VILLAGE
AFFORDABLE HOUSING PROJECT
WHEREAS, in October 2020, the City received a development plan application for the entitlement of a multi-phase, apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area, adjacent to the airport; and WHEREAS, the development titled “Richland Village” proposes to construct a 176-unit affordable apartment home community on a 4.9-acre site at 470 Bernard Drive (APN 53-470-091) in Yuba City; and
WHEREAS, the City Council approved Development Plan 20-03 on January 19, 2021, which includes one-, two-, and three-bedroom units in eight residential buildings, a 2,795 square foot community center, and outdoor amenity spaces; and
WHEREAS, on May 18, 2021, the City Council approved a capital funds grant commitment of $1,000,000 from the City’s Low-Mod Housing Asset Fund for the development of Richland Village, subject to RHA receiving Affordable Housing and Sustainable Communities (AHSC) funding from the California Department of Housing and Community Development (HCD) and securing Low Income Housing Tax Credits from the California Tax Credit Allocation Committee (CTCAC); and
WHEREAS, in August 2022, the City Council approved a two-year time extension for Development Plan 20-03 and the associated funding commitment, extending the expiration date to January 19, 2025; and
WHEREAS, in August 2024, the City received a letter from RHA proposing a reduction in the number of units from 176 to 133 due to financial constraints and urgent timelines for tax-credit funding applications; and
WHEREAS, City staff reviewed the proposal and determined that the modification to the number of residential units is consistent with the findings made when the project was approved by the City Council on January 19, 2021 (Resolution No. 21-003); and WHEREAS, in November 2024, the applicant submitted a written request for the extension of Development Plan 20-03 and the associated funding commitment, in compliance with the conditions placed on the project at the time of approval; and WHEREAS, on December 17, 2024 the City Council approved a two-year time extension request for Development Plan 20-03, Richland Village, and the associated funding commitment between the City of Yuba City, the Regional Housing Authority, and Sutter County Affordable Homes; and
WHEREAS, the Developer, Sutter County Affordable Homes (SCAH), an affiliate 501(c)(3) public non-profit entity of RHA, was awarded $30 million in funding through the HCD AHSC program, with $8.5 million designated for Yuba-Sutter Transit to construct a new transit facility; and
WHEREAS, the CTCAC has reserved $2,054,800 in low-income housing tax credits for the Richland Village project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
2. The City Council authorizes the Finance Director or designee to make a supplemental appropriation of $1,000,000 from the City’s Low-Mod Housing Asset Fund to Account 6098- 65305.
3. The City Council authorizes the City Manager or designee to approve the necessary documents for processing the payment of the capital funds grant to Regional Housing Authority for the Richland Village Project.
4. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on May 20, 2025 by the following vote:
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
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Gina Rowland, Interim Human Resources Director Summary
Subject: AB 2561 - Status of Vacancies, Recruitment and Retention Efforts Recommendation: Receive a report from City staff on the status of vacancies and recruitment and retention efforts; and conduct a Public Hearing as required by Government Code Section 3502.3
Fiscal Impact: None
Purpose:
To comply with new California law (AB2561) effective January 1, 2025, that requires a public agency to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year, and prior to adoption of the final budget.
Council's Strategic Goal:
Complying with AB 2561 addresses the City Council's Strategic Goal of Fiscal Responsibility.
Background:
On September 22, 2024, Governor Newsom signed Assembly Bill 2561 (“AB 2561”) into law. The new law, which took effect on January 1, 2025, amends the Meyers-Milias-Brown Act (“MMBA”) by adding Government Code Section 3502.3. The new code section creates a variety of obligations for public agencies to address the status of job vacancies. Specifically, the law requires the following:
1. A public agency must present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year, and prior to adoption of the final budget;
2. During the hearing, the public agency is required to identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process;
3. The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing when the status of vacancies and recruitment and retention efforts for positions within the bargaining unit are presented; and
4. Lastly, if the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include the following additional information:
a. The total number of job vacancies within the bargaining unit; b. The total number of applicants for vacant positions within the bargaining unit; c. The average number of days to complete the hiring process from when a position is posted; and
d. Opportunities to improve compensation and other working conditions.
The intent of AB2561 is to ensure that public agency operations are appropriately staffed and to introduce greater transparency in public sector staffing. When positions remain unfilled, current employees must take on additional workloads, often resulting in burnout, lower morale, and diminished service quality.
Analysis:
The City has a total of 332 authorized positions in its Fiscal Year 2024-25 adopted budget. As of April 30, 2025, there were 50 vacancies for a citywide vacancy rate of 15%. Of the 50 vacancies, the City Council took action on February 18th of this year to “freeze” or hold vacant a total of 18 authorized positions as part of its budget reduction measures for the remainder of the 2024/25 Fiscal Year.
At its meeting on February 18th, the Council also approved an informal Vacant Position Policy to “freeze” General Fund positions that are not front-line safety, and fill General Fund positions that are front-line safety, part of the Sutter Animal Services Authority, or primarily funded through other funding sources such as Water, Wastewater, Internal Service Funds, and grants. Even with these actions to hold positions vacant, none of the City’s large bargaining units (Local 1, Firefighters’ Local 3793, Police Officers’ Association) have a vacancy rate that exceeds 20%.
The City uses best practices to ensure all people are provided equal opportunity in our recruitment and hiring processes. A total of 44 new employees were hired during the 12-month period of May 1, 2024 to April 30, 2025. During that same time period, Human Resources conducted 53 recruitments and processed approximately 2,000 applications for City vacancies.
Entry level positions proved easier to fill with Park Maintenance Worker I/II, Firefighter I/II, Administrative Analyst I/II and PW Maintenance Worker each receiving well over 100 applications per recruitment. For Police positions, Police Records Clerk, Community Service Officer, Police Recruit and Entry Level Dispatchers garnered the most interest and applications.
As required by AB2561, Human Resources has established the following goals:
• Update Personnel Rules and Regulations to modernize rules, streamline processes, and provide more flexibility;
• Continue to monitor the City’s recruitment process to ensure that recruitments are completed efficiently and results in the selection of the best qualified candidate; • Implement a new online, interactive onboarding process to provide a positive new employee experience; and
• Resubmit application for Skillbridge to provide industry-specific training and internships to Beale Air Force Base service members during their last 180 days of military service.
All City bargaining units have been notified of this public hearing and have received a copy of this presentation. All have been offered an opportunity to make a presentation.
Fiscal Impact:
There is no fiscal impact to receive a report from City staff on the status of vacancies and recruitment and retention efforts; and to conduct a Public Hearing as required by Government Code Section 3502.3.
Alternatives:
None. The City is required to present the attached report and conduct a Public Hearing to comply with California state law.
Recommendation:
Receive a report from City staff on the status of vacancies and recruitment and retention efforts; and conduct a Public Hearing as required by Government Code Section 3502.3 Attachments:
1. Presentation - AB 2561
Prepared By: Submitted By:
Gina Rowland
Interim Human Resources Director
Robert Bendorf
Interim City Manager
ATTACHMENT 1
AB 2561 Presentation: Status of Yuba City’s
Vacancies, and Recruitment and Retention Efforts
• Total Budgeted/Authorized Full-Time Positions: 332
• Citywide Vacancy Rate: 15%
Budgeted Positions – as of 4/30
Department/Branch
Authorized
Positions
Total
Vacancies
# Not
Approved
to Fill Vacancy Rate
City Manager 4 1 -- 25%
Community Services 22 4 2 18%
Development Services, PW & Utilities 115 19 2 16.5%
Finance 22 2 -- 9%
Fire 62 7 2 11%
Human Resources 6 2 1 33%
Police 101 15 11 15%
Vacancies by Barg Unit – as of 4/30
Department/Branch
Authorized
Positions
Total
Vacancies
# Not Approved
to Fill Vacancy Rate
Confidential 5 1 1 20%
Executive 7 3 -- 43%
Local 1 113 18 4 16%
First Level Managers 33 3 -- 9%
Mid Managers 18 2 -- 11%
Fire Local 3793 53 6 1 11%
Fire Management 4 1 1 25%
Police Officers’ Association 83 14 11 17%
Police First Level Managers 11 -- -- 0%
Police Mid Managers 4 1 --- 25%
• Total # of New Employees Hired: 28
• Total # of Recruitments Conducted: 34
• Total # of Certification Lists Forwarded to Departments: 31 Recruitment Stats – Excluding Police
Type of Recruitment # Avg. # Days to Fill Avg. # Apps Rec’d Internal Promotional Opportunity 13 27 5
Open to the Public 13 62 83
Temporary/Seasonal Workers 5 -- --
Animal Services 3 54 77
• Total # of New Employees Hired: 16
• Total # of Recruitments Conducted: 19
• Total # of Certification Lists Forwarded to Department: 16 Police Recruitment Stats
Type of Recruitment # Avg. # Days to Fill Avg. # Apps Rec’d Continuous Recruitments 2 -- --
Open to the Public 8 92 51
Internal Promotional Opportunity 6 28 3
• Continued use of NEOGOV to manage and attract applicants • Continued use of hiring incentives for Police Officer Academy Graduates, lateral Police Officers, and lateral Public Safety Dispatchers
• Participated in multi-county outreach and recruitment event at Beale Air Force Base
• Continued participation in community-wide and college job fairs to provide information on job opportunities and how to apply • Created Citywide branded recruitment videos to boost engagement in City recruitments
Recruitment Efforts
Retention Efforts
• Increased availability of alternate work schedules
to support employee work/life balance
• Implemented remote/hybrid work policy
• Continued to develop participation for a positive culture through group activities and employee events in the
workplace
• Added new Longevity Pay for Police during last contract negotiations
• Update Personnel Rules and Regulations to modernize
rules, streamline processes, and provide more flexibility • Continue to monitor the City’s recruitment process to ensure that recruitments are completed efficiently and results in the selection of the best qualified candidate
• Implement new online, interactive onboarding process to provide a positive new employee experience
• Resubmit application for Skillbridge to provide industry specific training and internships to Beale Air Force Base service members during their last 180 days of military service
Recommendations
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: May 20, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Plumas Street Water Tower Plaza (Construction Contract Award) Recommendation: Adopt a Resolution which takes the following actions:
A. Awards a construction contract to North Star Construction of Yuba City, CA based on the base bid with a reduced scope, plus Alternate Bid Schedule 1 with a reduced scope, in the amount of $1,768,489, with a 5% contingency, and rejection of bid if not accepted
B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney C. Authorizes the Finance Director to make necessary budget transfers or supplemental appropriations to fund the Plumas Street Water Tower Plaza Project
Fiscal Impact: $1,856,914 – Account No. 1268 (Plumas Street Improvements) $1,768,489 - Contract Award Amount
$ 88,425 - Construction Contingency (5%)
Purpose:
To reconstruct the area under the Plumas Water Tower utilizing placemaking practices, creating a multi-use plaza that will complement the Downtown area and be a high-quality destination for the community.
Council Strategic Goal:
This project addresses the City Council’s Strategic Goal of improving quality of life.
Background:
In 2022, the California Department of Transportation (Caltrans) created the Clean California Local Grant Program (CCLGP) to fund projects which would clean and beautify public spaces, to improve spaces for walking and recreation. Through the review of this grant opportunity, City staff determined that the grant could fund multiple improvements along Plumas Street, while also making new improvements.
In March of 2022, the City received a notification from Caltrans that it had been awarded $2,235,628 for the Plumas Street Project (Project), which includes the following improvements to the Downtown area:
• Water Tower
o Abate lead paint and remove old lighting systems on the water tower o Re-paint the water tower and install new logos which match current City Standards o Install new multi-colored LED uplighting on water tower • Plaza Under/Adjacent to Water Tower
o Plaza/common area
o Playscape Installation
o Drought-tolerant landscaping installation
o Digital event board installation
o Public Mural Installation
• Plumas Street Improvements
o Installation of trash/recycling bins from Bridge Street to State Route 20 o Installation of an illuminated Gateway Arch at the downtown area entrance, which compliments Plumas Street’s current architectural style • Center Street:
o Install festoon-style lighting that crisscrosses over Center Street o Install trash/recycling bins along Center Street
The City has completed the Water Tower and Center Street components of this project, which leaves only the Plaza and Plumas Street components to complete.
The City retained Melton Design Group of Chico California for the development of the Plans, Specifications, and Estimate for the Plaza and Plumas Street Improvements. On April 1, 2025, City Council approved Plans and Specifications for the Plaza improvements, and authorized staff to advertise the project for bid.
Analysis:
The Project was advertised for bids beginning April 25, 2025. On May 12, 2025, only one (1) bid was received and opened by the City Clerk. The Project was advertised with multiple bid schedules. The lowest responsible and responsive bidder is determined based on the amount bid for the Base Bid Schedule. Below is a table showing the base bid received, and the Engineer's Estimate:
Company Base Bid Amount
North Star Construction and Engineering, Inc. $2,294,380.00 Engineer’s Estimate: $1,107,924.00
North Star Construction and Engineering, Inc. (North Star) is the low, responsible, and responsive bidder. Staff attributes the high bid amount to the Project's quick-but-necessary contract time, high costs for pre-fabricated ornate items, and long lead times for prefabricated items.
After a review of the bid received, staff discussed options for project delivery with the understanding that only $1.1M of the $2.2M in grant funding remains to be spent, not including staff labor charges.
The City’s bid packet provides in part that “In its discretion, the City Council of Yuba City or its designee…may modify or cancel in whole or in part the notice inviting bids...” To deliver a desirable project meeting the intention of the grant, staff are proposing to modify the scope of the project as follows:
• Reduce lighting at Plaza
• Reduce landscaping at Plaza
• Remove decorative Digital Event Board
• Remove play structure at Plaza
• Replace turf with concrete at amphitheater area
Staff recommend entering into a contract with North Star Construction and Engineering, Inc. in the amount of $1,768,489 to incorporate the scope reduction outlined above. Staff also recommend a construction contingency of an additional 5% to address unanticipated work, value pricing, etc. In the event North Star Construction and Engineering Inc. is unable to accept the reduced scope, then staff recommend rejection of the bid.
Contract administration, construction management, and quality assurance inspections will be performed by Engineering staff. Project construction is expected to begin in early June 2025.
Fiscal Impact:
The estimated total construction cost for the project is approximately $1,856,914, which consists of the following components:
Construction Contract: $1,768,489.00
Construction Contingency (5% of Construction Cost) $ 88,425.00 Total Project Cost: $1,856,914.00
Currently, Account No. 1268 (Plumas Street Improvements) has a balance of approximately $1,010,000, which is approximately $847,000 less than what is necessary to fund the project. Potential fund sources, primarily consisting of eligible Transportation Development Act (TDA) and Streets and Roads funds, which could fund this shortfall include:
• CIP Account No. 1025, Drainage Improvements - $249,000 • CIP Account No. 1190, Pavement Management System - $150,000 • CIP Account No. 1220, ADA Public Facilities Sidewalk Improvements - $257,000 • Unallocated TDA Funds - $292,000
Staff recommend the following budget transfers into CIP Account No. 1268, Plumas Street Improvements:
• From CIP Account No. 911025 to 911268: $449.69
• From CIP Account No. 921025 to 921268: $248,286.13
• From CIP Account No. 921190 to 921268: $145,000
• From CIP Account No. 911220 to 911268: $244,192.39
• From unallocated TDA to 911268: $209,071.79
Total: $847,000
Environmental:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 4 Categorical Exemption set forth in CEQA Guidelines Section 15304, as the project will include replacement of conventional landscaping with water-efficient landscaping. Further, landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. None of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Alternatives:
1. Instruct staff to modify the contract to remove amphitheater area and replace with decomposed granite and trees. This may reduce funding shortfall by approximately $200,000.
2. Instruct staff to utilize different funding sources to fund the project.
3. Reject the bid and cancel the project. This will prevent the project from being constructed and utilizing approximately $1,100,000 in available grant reimbursement for said construction.
Recommendation:
Adopt a Resolution which takes the following actions:
1. Awards a construction contract to North Star Construction of Yuba City, CA based on the base bid with a reduced scope, plus Alternate Bid Schedule 1 with a reduced scope, in the amount of $1,768,489, with a 5% contingency, and rejection of bid if not accepted
2. 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
3. Authorizes the Finance Director to make necessary budget transfers or supplemental appropriations to fund the Plumas Street Water Tower Plaza Project Attachments:
1. Resolution - Award Plumas Plaza JW Markups 05-16-2025
2. Exhibit A - Contract Plumas Water Tower
3. Attachment 2 - Project Rendering
Prepared By: Submitted By:
Josh Wolffe
Senior Civil Engineer
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AWARDING A CONSTRUCTION CONTRACT TO NORTH STAR CONSTRUCTION AND ENGINEERING INC., IN THE AMOUNT OF $1,768,489, AUTHORIZING 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 AUTHORIZING THE
FINANCE DIRECTOR TO MAKE NECESSARY BUDGET TRANSFERS OR SUPPLEMENTAL
APPROPRIATIONS TO FUND THE PLUMAS WATER TOWER PLAZA PROJECT WHEREAS, the City of Yuba City advertised for bids for the City of Yuba City’s Plumas Water Tower Plaza Project; and
WHEREAS, in response to the advertisement, the City received one (1) bid for the Plumas Water Tower Plaza Project in the following bid amounts:
North Star Construction and Engineering, Inc. $2,294,380.00; and, WHEREAS, the City Public Works Department has reviewed the bid, and examined North Star Construction and Engineering, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and
WHEREAS, Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 4 Categorical Exemption set forth in CEQA Guidelines Section 15304, as the project will include replacement of conventional landscaping with waterefficient landscaping. Further, landscaping includes walls, fences, walkways, placement of statues and similar commemorative objects, irrigation systems, and similar features, as well as plant materials. None of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project; and,
WHEREAS, the City desires to award the bid to North Star Construction and Engineering, Inc. of Yuba City and enter into an agreement with North Star Construction and Engineering, Inc. to construct the Plumas Street Water Tower Plaza Project, with a reduced scope of work eliminating bid items 10, 12, 13, 20, 24, 26, 27, 29, 32-37, 41, 43-45, and 48.
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
Section 1. The City Council of the City of Yuba City does hereby accept the one (1) bid received as noted above, finds that North Star Construction and Engineering, Inc. is the lowest responsive and responsible bidder, and awards the construction contract to North Star Construction and Engineering, Inc. based on its base bid with a reduced scope, plus Alternate Bid Schedule 1 with a reduced scope, in the amount of $1,768,489 for the Plumas Street Water Tower Plaza Project. Said contract agreement shall substantially comply with the material terms and conditions presented in the draft agreement attached to this Resolution, subject to modifications as to scope by the City Manager within the $1,768,489 authorized amount plus a construction contingency of 5 percent. The City Manager is authorized to enter into an agreement for the same subject to approval as to legal form by the City Attorney. If North Star
Construction and Engineering, Inc., is unable to accept an agreement for the reduced scope amount within 15 days, then the bid shall be deemed to be rejected.
Section 2. The City Council of the City of Yuba City authorizes the Finance Director to make necessary budget transfers or supplemental appropriations to fund Plumas Street Water Tower Plaza 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 20th day of May, 2025.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
A. Exhibit A – Agreement – Contract No. 1268-CON-25
CONTRACT
FOR THE CONSTRUCTION OF
PLUMAS STREET WATER TOWER PLAZA
CONTRACT NO. 1268-CON-25
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 Public Works Department, 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 2023, the Standard Plans dated 2023, 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 for the work to be done are dated 04/01/2025 and are entitled:
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL
AND CONTRACT
FOR
PLUMAS STREET WATER TOWER PLAZA
CONTRACT NO. 1268-CON-25
The Project plans for the work to be done are dated 04/01/2025 and are entitled:
Plumas Street Water Tower Plaza
Both of 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.