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AGENDA REGULAR MEETING OF

CITY COUNCIL & REDEVELOPMENT AGENCY CITY OF YUBA CITY

COUNCIL CHAMBERS NOVEMBER 16, 2010 – 7:00 P.M.

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

Roll Call: _____Mayor Gill

_____Mayor Pro Tem Dukes _____Councilmember Maan _____Councilmember McBride _____Councilmember Miller

Invocation Pledge of Allegiance to the Flag Public Hearings 1. Adoption of the California Fire Code (Second Reading) Recommendation: Conduct a public hearing and adopt an ordinance revising

Chapter 5, Title 4, of the Yuba City Municipal Code regarding Fire Prevention; and waive the second reading.

Public Communication You are welcome and encouraged to participate in this meeting. Public comment is taken on items listed on the agenda when they are called. Public comment on items not listed on the agenda will be heard at this time. Comments on controversial items may be limited and large groups are encouraged to select representatives to express the opinions of the group. 2. Written Requests

Members of the public submitting written requests, at least 24 hours prior to the meeting,

will be normally allotted 5 minutes to speak.

3. Appearance of Interested Citizens

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 to 3 minutes.

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Ordinances 4. Zoning Code Amendment ZC 10-06 to incorporate the provisions for rotating

church cold weather shelters into Chapter 5 of Title 8 of the Yuba City Municipal Code (second reading)

Recommendation: Adopt an Ordinance establishing provisions for rotating church

cold weather shelters into Chapter 5 of Title 8 of the Yuba City Municipal Code, as shown in Exhibit A, and waive the second reading.

5. Rezone RZ 10-02 located at 950 Harter Parkway to: change the Zoning

classification from General Commercial, Special Standards Combining District (C-3, X-24 for automobile dealerships) to General Commercial for the future development of a retail shopping center. Owner/Applicant: John L. Sullivan Family Limited Partnership (second reading)

Recommendation: Adopt an Ordinance for approval of Rezone RZ 10-02 for

amendments to the Official Zoning Map to amend the Zoning classification from C-3, X-24 General Commercial, Special Standards Combining District on 7.65 acres to General Commercial (C-3), as shown in Exhibit A, and waive the second reading.

6. Building Regulations Ordinance and the adoption of the 2010 edition of the

California Building Standards Code (second reading) Recommendation: Adopt an Ordinance repealing and reenacting Title 7 and

appropriate chapters of the Yuba City Municipal Code entitled, “Building Regulations,” which provides regulations to implement the 2010 edition of the California Building Standards Code, as shown in Exhibit A, and waive the second reading.

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, staff or public request specific items to be discussed or removed from the Consent Calendar for individual action. 7. City Council Approval of Regular Meeting Minutes of June 15, October 19 and

November 2, 2010; and Special Meeting Minutes of October 5, 2010 Recommendation: Approve the regular City Council meeting minutes of June 15,

October 19, and November 2, 2010; and the special meeting minutes of October 5, 2010.

8. Citywide HVAC Replacement Project (Notice of Completion) Recommendation: Adopt a resolution accepting the subject project and authorizing

the General Services Manager to file a Notice of Completion.

9. Second Street & B Street Signal Replacement Project

Recommendation: Adopt a resolution approving the plans and specifications for the Second Street & B Street Signal Replacement Project and authorizing advertisement for bids on the project.

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10. Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5

Recommendation: Adopt the following resolutions to create the Lighting and Landscape Maintenance District:

a. Resolution to modify Yuba City Lighting and Landscape

Maintenance District No. 6, Zone of Benefit B_5 (Improvements associated with Unity Estates, El Margarita Road)

b. Resolution of Intention, Yuba City Lighting and Landscape

Maintenance District No. 6, Zone of Benefit B_5 (pursuant to the Landscaping and Lighting Act of 1972).

General Items 11. Approval of Amendment to Joint Powers Agreement revising the boundaries of the

Sutter Butte Flood Control Agency Recommendation: Adopt a resolution approving an amendment to the Sutter

Butte Flood Control Agency Joint Powers Agreement revising the boundaries of the Agency.

12. Professional Services Agreement with AMEC Geomatrix for a Phase II

Environmental Investigation of the property located at 400 Bridge Street. [APN 52-324-023]

Recommendation: Award a professional services agreement to AMEC Geomatrix of

Rancho Cordova, California, for a Phase II Environmental Investigation of the property located at 400 Bridge Street, APN 52-324-023, in an amount not to exceed $100,000 with the finding that it is in the best interest of the City, and approve a budget transfer in the amount of $20,000 from Account Number 911125-65514 (Redevelopment Project Area Expansion) to Account Number 911090-65502 (Feather River Mills Site Development).

13. Economic development incentives agreement with New Earth Market to reimburse 50% of net new sales tax

Recommendation: Adopt a standard agreement between New Earth Market and the

City of Yuba City as an economic incentive for new sales tax reimbursement.

14. Treasurer’s Report – Quarter Ended September 30, 2010

Recommendation: Note & File Quarterly Treasurer’s Report.

Business from the City Council/Redevelopment Agency Board

15. City Council Reports

- Councilmember Maan - Councilmember McBride - Councilmember Miller - Mayor Pro Tem Dukes - Mayor Gill

Adjournment

CITY OF YUBA CITY

STAFF REPORT

Agenda Item 1

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Fire Department Presentation By: Pete Daley, Fire Chief; Jim Mathews, Fire Marshal

Summary Subject: Adoption of the California Fire Code Recommendation: Conduct a public hearing and adopt an ordinance revising Chapter 5, Title

4, of the Yuba City Municipal Code regarding Fire Prevention; and waive the second reading.

Fiscal Impact: Negligible

Background:

Every three years the State of California reviews and subsequently adopts a State Fire Code (Code). The state has published and distributed its Code known as the 2010 California Fire Code. The State Fire Code will go into effect on January 1, 2011. The State’s Health and Safety Code provides that the City of Yuba City (City) shall adopt ordinances and regulations imposing the same or modified requirements as are contained in the regulations adopted by the State. The State’s Health and Safety Code also permits the City to make modifications or amendments to the State Fire Code which are reasonably necessary due to local climatic, geographic, or topographic conditions if certain findings are presented. It is now time for Yuba City to consider adopting the latest edition of the State Fire Code with certain amendments as proposed by Fire Department staff. The City Council introduced and waived the first reading of this proposed ordinance at its November 2, 2010 meeting. Analysis:

As is customary, staff has reviewed the proposed 2010 California Fire Code and has made some amendments for local conditions. Several of these amendments have been in our code for many years. There is one substantial new addition to the State Code and, as a result, a few additional local amendments are proposed. Highlighted amendments for the City Council’s information and review are: Existing:

Speed Control Devices. This section formalizes your Fire Department’s role in determining the appropriateness of certain traffic calming applications within the City.

Security Gates. This section sets standards for the manufacturing of and installation of security gates for access to property. This section simply formalizes a set of standards

and our responsibility to review these installations to facilitate access during an emergency.

Automatic Fire Sprinklers. This section continues to require the installation of automatic fire sprinklers in commercial buildings that are 3,600 square feet or larger and in multi-family dwellings.

As a result of a new requirement in the California Residential Code (and also referenced in the State Fire Code) effective January 1, 2011, all new 1 and 2 family dwellings constructed in California shall be required to have a residential fire sprinkler system. Fire Department staff proposes three new amendments as follows:

New:

Fire Sprinklers in Attached Garages. As adopted by the State, the Code does not require fire sprinklers be installed in attached garages. While not formally codified, Yuba City has required their installation for many years. Staff feels very strongly that fires in attached garages pose a significant fire threat to the residence and its occupants. This amendment would codify current practice.

Fire Sprinkler in Attic Space. As adopted by the State, the Code does not require fire sprinkler protection in the attic space (1 and 2 family dwellings only), unless a heat producing appliance occupies the space. In this case, a fire sprinkler is only required directly above the appliance. While not formally codified, Yuba City has required the installation of a fire sprinkler at the high-point of each attic space for many years. The purpose of this fire sprinkler is to act as a heat detector in the space and activate in the event of an attic fire. Without this fire sprinkler an attic fire could go undetected for quite some time.

Exterior Horn-Strobe Device. As adopted by the State, the Code does not require exterior water-flow notification on 1 and 2 family dwellings. While not formally codified, Yuba City has required such notification for years. The purpose of exterior notification is to alert people outside of the building of a fire inside. Commercial building fire sprinkler systems have required this for many years. We propose the addition of a strobe to the device to assist firefighters in locating the structure at night.

Fiscal Impact:

Negligible. Alternatives:

Do not adopt the Ordinance and redirect staff to propose an amended Ordinance for City Council consideration Recommendation:

Staff recommends that the City Council waive the second reading, hold the public hearing, and at its conclusion, adopt Ordinance No.__-10 revising Chapter 5, Title 4 of the Yuba City Municipal Code regarding Fire Prevention, so that we can continue to provide the citizens and

guests of Yuba City with the best fire and life safety services possible. The ordinance will become effective January 1, 2011. Prepared By: Submitted By: /s/ Jim Mathews /s/ Steven R. Jepsen Jim Mathews Steven R. Jepsen Fire Marshal City Manager Reviewed By: Department Head /s/ Pete Daley

Finance via email

City Attorney via email

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ORDINANCE NO. __-10 An Ordinance of the City Council of the City of Yuba City repealing

and re-enacting Chapter 5 of Title 4 regarding Fire Prevention and the 2010 California Fire Code.

The City Council of the City of Yuba City does ordain as follows: Section 1. Chapter 5 of Title 4 of the Yuba City Municipal Code is hereby repealed.

Section 2. Chapter 5 of Title 4 of the Yuba City Municipal Code is re-enacted to read as follows:

Chapter 5 Fire Prevention

Section 4-5.01. Adoption of the California Fire Code. That a certain document, copies of which are on file in the office of the City Clerk of the City of Yuba City, being marked and designated as the California Fire Code, 2010 edition, including Appendix Chapters 4, B, C, D, E, F, and H, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Yuba City, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Yuba City are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-5.02 of this chapter.

Section 4-5.02. Revisions to the 2010 California Fire Code. The following sections of the California Fire Code and adopted appendices are hereby revised as follows: Section 101. Add Section 101.6 Plan Review

101.6 Plan Review. The Chief, or his duly authorized representative, shall review all plans for construction of buildings or remodels, other than one or two family dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or endanger life from fire or panic or any violation of this Code, state laws and regulations, and any other local ordinances which may be under his jurisdiction.

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Section 101. Add Section 101.7 Fees

101.7 Fees. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105 of this Code. IN ADDITION, THIS SCHEDULE MAY INCLUDE A FIRE SERVICE FEE TO BE CHARGED to any person, firm, corporation or business that through negligence, violation of the law, or as a result of carelessness, is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedules shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.

Section 106. Add Section 106.2.1 Fire Clearance Inspection

Fire Clearance Inspection. It shall be unlawful for any person, firm or corporation to operate a business unless a fire clearance inspection has been made and such businesses are in compliance with all Fire Department requirements.

Section 108. Delete Section 108 and replace with the following:

Board of Appeals. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of said California Fire Code do not apply or that the true intent and meaning of said code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Building Board of Appeals established by the provisions of Chapter 12 of Title 7 of this Code within thirty (30) days after the date of the decision appealed.

Section 109. Delete Section 109.3 and replace with the following:

Violation Penalties. Any person who shall violate any provision of this chapter or said California Fire Code, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement or specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein, shall separately for each and every such violation and noncompliance, respectively, be guilty of an infraction and shall be punishable as provided in Chapter 2 of Title 1 of this Code.

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Exception:

Those sections of the California Fire Code which have been adopted by the State of California shall be a misdemeanor and shall be punishable in accordance with Section 103.4.4.1.

Section 103.4.4.1 is hereby added to the Fire Code to read as follows:

Section 103.4.4.1 California Fire Code Violations.

Persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the Chief shall be guilty of a misdemeanor.

Section 109. Add Section 109.3.1.1 as follows:

Abatement of Hazards. In situations where immediate abatement of a fire or life hazard or other potentially hazardous condition is required, the Chief shall have the authority to abate such hazard immediately.

This may include, but is not limited to, confiscation of flammable liquids, fireworks, removing hazardous wiring and adapters, temporary closure of commercial occupancies, extinguishing illegal fires and any other similar hazards, determining no smoking, and ceasing operation of any type of apparatus that may be a danger to life or property. Costs of abatement shall become a lien upon the property affected. All affected persons shall be notified of action taken as soon as possible.

Section 111.4. Delete Section 111.4 and replace with the following:

Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as specified in section 109.

Section 202. Add to Section 202 “Definitions” as follows:

Jurisdiction. Shall be held to mean the City of Yuba City.

Nuisance. Nuisance is an act, thing or condition involving combustible material in an unsafe manner that is not maintained in a reasonable manner to reduce flame-spread capabilities.

Temporary. Shall mean any use for a period of less than 90 days.

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Section 505. Add Section 505.1.1 as follows:

In addition, any business conducted in a commercial occupancy which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers/letters on the rear of the building. At the main entrance driveway to each multiple dwelling complex there shall be positioned, where responding emergency units can easily read it from the street, an illuminated diagrammatic representation of the complex which lists the unit addresses thereof.

Section 903.2.

Delete Section 903.2 through 903.2.11 and replace with the following:

Requirements for approved automatic sprinkler systems.

The Fire Code as currently adopted and as hereinafter adopted is amended to require approved automatic fire sprinklers as set forth in the Fire Code and related Standards as adopted by the City based upon the classification of occupancy and hazard which shall be in addition to the following:

(a) Other provisions of this Code or of any other Code of the City of Yuba City to the contrary notwithstanding, approved automatic fire sprinkler systems shall be installed and maintained in accordance with the following requirements.

(1) All buildings hereinafter constructed when the total floor area meets or exceeds three thousand six hundred (3600) square feet.

(2) All multi-family dwellings. For the purposes of this Chapter, multi-family dwellings shall be identified as three (3) or more dwelling units in the same building or structure.

(3) Buildings of three (3) or more stories, as defined by the California Building Code, regardless of height or square footage.

(4) Buildings that are thirty (30) feet or more in height regardless of

square feet. Height assessment shall be determined as outlined by the Building Code.

(5) In any existing building or structure upon a change of use of occupancy which is more intense and/or increases the potential of a fire or life safety hazard as determined by both the Fire Chief and Building Official in which the total floor area meets or exceeds three thousand six hundred (3600) square feet.

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(6) In any existing building or structure when additions thereto will increase the total floor area of three thousand six hundred (3600) square feet or more.

(7) In any existing building or structure to which additions are made where the total floor area of building currently meets or exceeds three thousand six hundred (3600) square feet.

(8) In any existing building or structure where the total floor area meets or exceeds three thousand six hundred (3600) square feet when repairs or alterations thereto within any twelve (12) month period exceed twenty-five (25%) percent of the value of the building or structure. For the purposes of this Chapter, the building or structure shall have its value determined by multiplying the total square footage of the building or structure by the Building Standards Square Foot Valuator (most current edition) as published by the International Code Council, or its equivalent as selected by the Fire Chief. Value shall be determined by the building official or his designee during the permit process.

(b) Exceptions:

The following shall be excepted from the requirements of this section:

(1) Detached one and two family dwellings.

(2) Buildings and structures for which permits have previously been obtained, but which have not yet been occupied, unless any approved automatic fire sprinkler system would otherwise be required by this or other City adopted Code.

(3) In buildings or structures when, in the opinion of the Building Official and with the concurrence of the Fire Chief, the installation of any automatic fire sprinkler system would be detrimental to the health, welfare and safety of the public.

(4) Buildings which are constructed in accordance with the Building Code as Type I-A (fire resistive) and Type II-A (fire resistive) and have less than ten thousand (10,000) square feet of total floor area.

(5) In existing buildings where the total floor area exceeds three thousand six hundred (3600) square feet, a twenty-five (25%) percent addition up to a maximum total floor area of ten thousand (10,000) square feet will be permitted; but at least a five (5%) percent increase will be allowed. In either case, the addition shall be separated by a two-hour fire wall as defined in the Building Code.

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(6) Existing buildings, where the total floor area is ten thousand (10,000) square feet, or greater, may increase their floor area by five (5%) percent or one thousand (1,000) square feet, whichever is greater, when the area being added is separated by a two hour fire wall, as defined in the Building Code.

(7) If existing construction is to be altered, where the total floor area exceeds three thousand six hundred (3600) square feet and the alteration provides no greater threat to life or property by fire as determined by unanimous decision of the Fire Chief, Chief Building Official, and City Manager. The basis of the decision shall be made upon the change proposed meeting the intent of the current Building and Fire Codes in providing fire protection equivalent to a fire sprinkler system.

(c) Fire Walls:

For the purposes of this section, fire walls used to eliminate the requirement for automatic fire sprinklers as herein required shall be four (4) hour fire walls with no openings as defined in the Building Code as adopted by the City of Yuba City.

Section 903.3.1.2. Delete Section 903.3.1.2.

Section 903.3.1.3. Add to Section 903.3.1.3 as follows:

Section 903.3.1.3.1 – Attached garages are to be provided with fire sprinkler protection at the same design density as the dwelling.

Section 903.3.1.3.2 – A listed and approved exterior combination horn/strobe device attached to the fire sprinkler system flow switch shall be provided on the front of the dwelling, or on the side within 4 feet of the front. The device shall be mounted between 96 inches and 120 inches from adjacent finished grade.

Section 903.3.1.3.3 – An Intermediate Temperature sprinkler head shall be provided at the high-point of each attic space.

Section 903.4.2. Modify Section 903.4.2 as follows:

In the first sentence, delete the word “audible” and replace with “combination horn/strobe”.

Section 3302. Add Section 3302 as follows:

Fireworks - Prohibition.

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode within the City any kind of fireworks as defined in Section

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12511 of the Health and Safety Code, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance.

Fireworks - Exception.

It shall not be unlawful to sell within the City those fireworks as are defined and classified as “safe and sane fireworks” in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6 of that same year.

Permit required.

It shall be unlawful for any person to sell “safe and sane fireworks” within the City without having first applied for and receiving a City permit.

Prerequisite for permit issuance.

(a) No permit to sell fireworks shall be issued to any person, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

(b) Each such organization shall have its principal and permanent meeting place within Sutter County limits and shall have been organized and established in an area which is presently within the limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.

(c) No organization shall submit more than one (1) application for permit to sell fireworks within the City of Yuba City. Submittal of more than one (1) application shall be grounds for denial of all applications. Fireworks permit.

The number of available permits which includes any permits issued pursuant will be limited to one (1) per two thousand (2,000) population based on the latest survey available to the City of Yuba City. If necessary, a lottery system will be used to fill permit vacancies. Only one (1) permit to sell fireworks pursuant to this chapter shall be issued to an eligible applicant.

Permit application.

(a) All applications for permits to sell fireworks shall be in writing to the Fire Chief. Applications may be filed beginning March 1 of each year up to and including March 31 of same year, at which time the filing period for that year will close. Applications shall set forth the proposed location of the

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fireworks stand being applied for, and other information as may be required by the Fire Chief.

(b) Any person, firm, corporation, or organization applying for a permit to sell fireworks shall furnish to the Yuba City Fire Department a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than one million ($1,000,000) dollars and a limit of property damage not less than one million ($1,000,000) dollars. The City of Yuba City and its agents and employees shall be named as coinsureds on the policy.

(c) Applicants for such permits shall be notified by April 15 of each calendar year by the Fire Chief of the approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including July 1st of that year to pick up such permit.

(d) Every application for a permit shall be accompanied by the established permit fee for the sales of fireworks. The permit fee will be refunded if the application is not approved.

Fireworks stand.

All retail sales of “safe and sane” fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:

(a) No fireworks stand shall be located within fifty (50') feet of any other building or within one hundred (100') feet of any gasoline pump or distribution point or within one hundred (100') feet of any other fireworks booth, unless separated by a roadway four (4) lanes wide or greater.

(b) Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the Fire Inspector, who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons; and provided further that any electrical installations shall comply with all applicable codes.

(c) Each stand shall be provided with two (2) two and one-half (2 1/2) gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

(d) No stand shall have a floor area in excess of seven hundred fifty (750) square feet.

(e) Each stand shall have at least two (2) exits. Each stand in excess of forty (40') feet in length shall have at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four (24') feet. Exit doors shall

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be not less than twenty-four (24'') inches wide and six feet and two (6'2'') inches in height and shall swing in the direction of exit travel.

Operation of stand.

(a) No person shall sell fireworks to any person under the age of eighteen (18).

(b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 12:00 noon on July 6th of the same year.

(c) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

(d) No person other than the individuals who are members of the permittee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

(e) No person under the age of eighteen (18) shall sell or participate in the sale of fireworks.

(f) Each stand shall have an adult watchperson in attendance while the stand is being used for the sale, display or storage of fireworks. In lieu of a night watchperson, a Class IV magazine or equivalent, as approved by the Chief, may be used to store fireworks.

(g) All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Chief.

(h) Stands may not be located on public or residential property.

General requirements for permittees.

All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25') feet surrounding the stand.

“NO SMOKING” signs shall be prominently displayed on and in the fireworks stand.

No fuel-powered generator or similar equipment shall be allowed within fifty (50’) feet of a fireworks stand.

Section 3303. Add Section 3303 as follows:

Limits for the storage of explosives and blasting agents.

(a) The manufacture of explosives shall be prohibited within the City limits.

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(b) The storage of explosives and blasting agents is prohibited within the City limits.

Exception:

Small arms ammunition and primers, smokeless powder and black sporting powder when all the requirements of Title 19 C.C.R. have been met.

The Chief is authorized to limit the quantity of explosive material permitted at any location.

Section 3404.2.9.6.1 and 3406.2.4.4

The limits referred to in Section 3404.2.9.6.1 and 3406.2.4.4 of said California Fire Code, in which the storage of Class I and II liquids in above ground tanks outside of buildings is prohibited, as hereby established as the City limits.

Exception:

Above ground storage of Class I, Class II, and Class III flammable/combustible liquids in tanks outside of buildings in A, AH, M-1, M-2, C-3 and CM zones as defined in Title 8 of the Yuba City Municipal Code shall be allowed if they comply with all of the following criteria:

(1) Individual tank capacity shall not exceed fifteen thousand (15,000) gallons.

(2) Aggregate installation capacity per parcel shall not exceed fifteen thousand (15,000) gallons.

(3) Tanks and dispensing unit shall be protected against physical damage by installation of four (4) inch concrete filled pipes, spaced not more than four (4) feet between posts on center, set not less than three (3) feet deep in concrete footings of not less than a fifteen (15) inch diameter, with tops of the posts not less than four (4) feet above ground and posts located not more than twelve (12) inches from the tank.

(4) All above ground tanks shall be permanently anchored in a manner that will prevent floating in times of flooding.

Section 3804.2

The limits referred to in Section 3804.2 of said California Fire Code, restricting the storage of over 2000 gallons of liquefied petroleum gas is hereby established as the City limits.

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Exception:

Existing facilities having either single containers or multiple containers with aggregate capacity of over 2000 gallons of liquefied petroleum gas will be allowed to have their use contained until such time as the tank(s) are not used for a period of ninety (90) days.

Other than required modifications necessary to bring the facility into compliance with safety regulations, there shall be no expansion of any existing facility within the City limits.

Appendix Chapter D. Add Section D103.4.1 as follows:

Speed Control Devices. Speed bumps, speed humps, dips or similar devices are prohibited in any public or private fire access road or parking area without written approval of the Fire Chief, Chief of Police and Director of Public Works.

Section D103.5. Delete Section D103.5 and replace with the following:

Security Gates. The installation of security gates is prohibited without the written approval of the Fire Chief. All security gate installations shall comply with the following security gate installation standards.

(a) Scope. Where a new gate or barrier is installed on a fire access roadway, it shall be authorized by the Chief and meet the minimum requirements of this section. Private driveways on lightly traveled streets, as determined by the Yuba City Fire Department, serving one single-family residence may be exempted from the scope of this section.

(b) Definitions. For the purposes of this section, certain terms are defined as follows:

1. Authority having jurisdiction is the Yuba City Fire Department.

2. Security Gates and Barriers shall mean a gate, crossbar, door or other obstructive device which is utilized for the purpose of restricting, controlling or obstructing entry or exit by motor vehicles or pedestrians to or from a private roadway and which is not manned on a twenty-four hour, seven day per week basis by a person capable of providing immediate access to a police or fire safety vehicle or person;

3. Private Street or Roadway shall mean any roadway (not dedicated as public right-of-way) that is owned and maintained by abutting property owners, or association of property owners that is utilized for the purpose of providing vehicular or pedestrian access to a subdivision, apartment complex, condominiums or other residential

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development or wild land, excluding off- street parking areas, driveways, and driveways to off-street parking areas.

4. Private Driveway - A private way for vehicular travel that provides access from an off-street parking area to a public or private drive.

5. Ultimate Edge of Right-of-Way is the line furthest from the centerline of the street that has been approved by the City and recorded on the parcel map for existing or future street improvements.

(c) Permit. A permit issued by the Yuba City Fire Department to design and install any secured access gate system shall be obtained and approved in writing prior to installation.

(d) Submittals. A minimum of five (3) complete sets of information shall be submitted to the Yuba City Fire Department and shall include the following:

1. Approved verification of 100% Concurrence of Property Owners. The applicant shall provide, with the gate application, verification that all existing property owners served by gate installation agree to its installation and operation.

2. A site plan of the property and a site detail of each gate location, drawn to scale (1"=10', 1"=20', or 1"=40'), indicating or showing:

a. Plans for gates over 6 feet in height shall bear the stamp of a structural engineer and must be accompanied by a Yuba City Building Permit Number;

b. Contractor’s company name, address, phone number and a contact person;

c. Exact locations of the entry to the property;

d. Property lines;

e. Fire Hydrants, fire department connections;

f. Location of the "ultimate edge of right-of-way";

g. Location of the existing edge of pavement or gutter line;

h. Building footprints, including doors, walkways and fire control room doors; parking spaces and landscape affected;

i. Proposed fence, pedestrian gates, and vehicle gates;

j. Existing vehicular access;

k. Proposed location of Knox key switch / Knox box(es); and

l. Physical address.

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3. Product specifications shall be provided that include:

a. Method of operation;

b. UL listing numbers of equipment used; and

c. Manufacturers specification sheets for electrical gate controller.

4. Maintenance. Emergency access gates and barriers shall be maintained and may include:

a. Batteries required for operation of the system during power failure;

b. Lubrication of moving parts and hinges per manufacturers specifications; and

c. Any subsequent attention required to maintain the original list of frequencies for emergency operation of the gate in the controller.

5. Plan review and inspection fees will be collected per approved fee schedule.

(e) Minimum Requirements.

1. Access.

a. All gates shall be UL 325 compliant.

b. Gates shall not be installed within a required turning radius of a fire access roadway.

c. Access for single direction traffic shall be unobstructed 16 feet wide and 13', 6" high.

d. Access for bi-directional traffic shall be unobstructed 20' wide and 13', 6" inches high.

e. Swinging gates for single direction traffic shall swing in the direction of vehicle travel.

f. Swinging gates for bi-directional traffic shall swing into the property being entered.

g. All gates shall be accessible from the driving lane nearest the edge of the street by turning radii of at least 38' inside and 58' outside

h. After passing through a gate, the nearest curb of any cross street shall be no less than 40 feet.

i. Private driveways serving one single-family residence on moderate and heavily traveled streets shall:

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(1) Meet the setback requirements of this section. If existing conditions prevent gate installation with 40' of clearance to the face of the gate, a letter documenting an acceptable alternative that would facilitate emergency ingress without endangering emergency response personnel and apparatus will be required for review and approval by the Chief;

(2) Meet the operational requirements of electrically operated gates.

2. Operation of Gates.

a. All gates shall be electrically operated for entry and exit by an approved fire department method.

b. Wiring for electrical gates shall be provided by AC current, underground installation. A miscellaneous electrical permit is required by the Yuba City Building Department.

c. Electrically operated gates shall fail to the open position when the power is off. They shall remain open until power is restored.

3. Manual gates or barriers may be approved on a case-by-case basis for nighttime security of business property.

a. They shall be constructed in a manner that reflects good construction practices acceptable to the Yuba City Fire Department.

b. They shall be accessible by means of an approved fire department padlock (Knox.) or by the installation of an approved key box (Knox.).

c. Approved manual gates or barriers across emergency access roadways shall be provided with an 18-gauge metal sign in the center of and on both sides of the gate that shall read, "'FIRE LANE- NO PARKING". Letters shall be red on a white background and be a minimum of 3 inches high with a half inch stroke.

d. Gates to close off a fire lane behind strip malls/stores in order to minimize dumping and vandalism shall be approved with (Knox) padlock access.

4. Prohibitions.

a. Direction-limiting devices, such as fixed tire spikes, are prohibited.

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b. The total number of vehicle access control devices or systems, through which emergency vehicles must pass to reach any address shall not exceed one.

5. Pedestrian Gates. All vehicle gates obstructing pedestrian access to a public way (street) shall have an approved pedestrian gate installed within 10 feet of the vehicle gate.

a. Gates shall be handicap accessible and comply with exit door requirements of the Building Code.

b. An approved key box (Knox.) shall be installed at least 48 inches above grade on the outside of the gate. It shall be provided with a key to open the pedestrian gate.

c. No pedestrian gate shall be located in the median between two vehicle gates.

Exception: Private driveways serving one single-family residence are exempt from this requirement.

(f) Installation Approval. The Yuba City Fire Department shall inspect all gates for proper installation and operation prior to activation or use.

(g) Additional Requirements. Because of the delays caused by vehicle access control devices or systems, additional fire protection requirements may be applied based on other access limitations, such as narrow or winding streets or dead-end streets without an approved turnaround available for fire apparatus.

Other than the obstruction and the reduced width controlled within this standard, no other requirement of the Yuba City Fire Department shall be adversely affected by the placement of any vehicle access control device or system in any required fire apparatus access road.

Fire department approval does not waive any requirement by other authorities having jurisdiction.

Section D103.6.2. Delete the reference to 32 feet and replace with “less than 36 feet”.

Section 4-5.03. Findings

The City Council finds that the following regulations as contained in this Chapter are necessary to mitigate unique local climatic conditions and impose substantially the same requirements as are contained in the international model industry codes. The unique local conditions as found and determined are as follows:

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Yuba City is located in the northern portion of the Central Valley. The area is bounded to the north by the Siskiyou Mountains, the west by the Coastal Mountains, the east by the Sierra Nevada Mountains, and the south by the Delta region. These geographical factors, and the area’s proximity to the Pacific Ocean, combine to determine weather and wind conditions that influence the area and can create a particularly hazardous fire situation.

Four (4) weather conditions routinely present themselves which can result in extremely dangerous fire situations that could result in widespread conflagration. The four (4) conditions are temperature, relative humidity, wind and fog.

Temperatures in the Yuba City area during the summer months are in the ninety (90) degree Fahrenheit range with high temperatures of one hundred (100) degrees being very common.

Low relative humidity is a very important weather condition, that can intensity fire behavior. When relative humidities fall below thirty (30%) percent, the potential for fire spread is significantly increased. A recent review of data available from the National Weather Service of a recent thirty-eight (38) month period revealed that the Yuba City area experienced four hundred three (403) days when the relative humidity was recorded at or below thirty (30%) percent.

Wind velocity directly contributes to flame spread and the potential for conflagration. Winds, in combination with relative humidities below thirty (30%) percent, contribute to “drying out” fuels. The Yuba City area is subject to strong north winds which are usually very drying in nature. A review was made of the days with relative humidity at or below thirty (30%) percent and winds of ten (10) miles per hour or more using the same thirty-eight (38) month period as was previously mentioned. Of the four hundred three (403) days of thirty (30%) percent or below relative humidity, one hundred ninety-seven (197) days also had winds that equaled or exceeded ten (10) miles per hour.

The weather conditions described above have a direct influence on fire behavior. High temperatures, low humidities and wind, singularly and in combination, produce a potentially explosive fire situation.

In addition to the weather conditions described above, the Yuba City area also experiences very dense fog conditions in the wintertime. The presence of dense fog poses significant response problems to emergency response vehicles. Obviously, if dense fog is present, response speeds must be reduced. This reduction in response speed results in longer response times. The longer it takes the fire department to arrive, the larger the fire grows. Research, using the same thirty-eight (38) month period mentioned above, was done to determine how many days of heavy fog the Yuba City area experienced. Heavy fog was defined as one-fourth (1/4) of a mile visibility or less. The data revealed that during the thirty-eight (38) months reviewed, heavy fog occurred on one hundred three (103) days. It is important to note that the fog prone

17

months of November and December were missing for two (2) of the three (3) years reviewed.

As a result of these findings of fact on local climatic conditions within the Yuba City area, the City Council finds that the fire code provisions and the automatic sprinkler requirements herein established by this Chapter are considered "reasonable and necessary modifications" as provided for in California Health and Safety Code sections 18941.5(b) and 17958 et seq. Because of these serious concerns as reflected in the foregoing findings of fact, it is important that for the effective protection of the citizenry and property within the City limits of the City of Yuba City from the ravages of fire and the reduction of the potential for community-wide conflagration that this ordinance be enacted. Only with the enactment of these regulations can the reduction of the potential for community-wide conflagration and the protection of the citizenry and property within this jurisdiction be realized.

Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Yuba City hereby declares that it would have passed this ordinance, and each section, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 4. This ordinance shall become effective January 1, 2011 and shall be published as required by law.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the _____day of __________ 2010 and passed and adopted at a regular meeting thereof of held on the _____ day of _________ 2010.

AYES: NOES: ABSENT: _______________________________ ATTEST: ___________________

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APPROVED AS TO FORM: ____________________ Timothy P. Hayes, Esq. City Attorney

CITY OF YUBA CITY

Agenda Item 2

Agenda Item 2. Written Requests Members of the public submitting written requests at least 24 hours prior to the meeting will normally be allotted 5 minutes to speak. Procedure When requesting to speak, 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:

Terrel Locke, City Clerk [email protected]

The Mayor will call you to the podium when it is time for you to speak.

CITY OF YUBA CITY

Agenda Item 3

Agenda Item 3. Appearance of Interested Citizens 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 Complete a Speaker Card located in the lobby and give to the City Clerk. When a matter is announced, wait to be recognized by the Mayor. Comment should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

For Items on the Agenda

Public comments on items on the agenda are taken during Council’s consideration of each agenda item. If you wish to speak on any item appearing on the agenda, please note the number of the agenda item about which you wish to speak. If you wish to speak on more than one item, please fill out a separate card for each item.

Items not listed on the Agenda

Public comments on items not listed on the agenda will be heard during the Public Communication portion of the meeting.

CITY OF YUBA CITY

STAFF REPORT

1

Agenda Item 4

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Community Development Department Presentation By: Aaron M. Busch, Director of Community Development

Summary Subject: Zoning Code Amendment ZC 10-06 to incorporate the provisions for

rotating church cold weather shelters into Chapter 5 of Title 8 of the Yuba City Municipal Code (second reading).

Recommendation: Adopt an Ordinance establishing provisions for rotating church cold

weather shelters into Chapter 5 of Title 8 of the Yuba City Municipal Code as shown in Exhibit A and waive the second reading.

Fiscal Impact: None.

Background: The City Council introduced the ordinance for approval of Zoning Code Amendment ZC 10-06 and waived the first reading at its meeting on November 2, 2010. Staff recommends that the City Council waive the second reading and adopt the attached ordinance as shown in Exhibit A.

Exhibit A ORDINANCE NO. _____

ORDINANCE OF THE CITY OF YUBA CITY

AMENDING TITLE 8, CHAPTER 5 OF THE YUBA CITY MUNICIPAL CODE - FILE #ZC 10-06

THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of Title 8 of the Yuba City Municipal Code is amended as set forth in the following particulars: 1. Section 8-5.502 of the Yuba City Municipal Code entitled “Uses” (R-1) is hereby amended by the addition

of the following: Uses

Permitted(1) Zoning Clearance

Use Permit(2) Specific Standards

Rotating Church Cold Weather Shelter X Sec. 8-5.5002(D) 2. Section 8-5.602 of the Yuba City Municipal Code entitled “Uses” (R-2) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.5002(D) 3. Section 8-5.702 of the Yuba City Municipal Code entitled “Uses” (R-3) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.5002(D) 4. Section 8-5.1102 of the Yuba City Municipal Code entitled “Uses” (CO) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.5112 5. Section 8-5.1202 of the Yuba City Municipal Code entitled “Uses” (C-1) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.5112 6. Section 8-5.1302 of the Yuba City Municipal Code entitled “Uses” (C-2) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.5112

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7. Section 8-5.1402 of the Yuba City Municipal Code entitled “Uses” (C-3) is hereby amended by the addition




Rotating Church Cold Weather Shelter X Sec. 8-5.51102

8. Section 8-5.5002(D) of the Yuba City Municipal Code is hereby added to read as follows: D. Rotating Church Cold Weather Shelters.

Existing churches shall be allowed to operate a rotating cold weather shelter program from within their facilities during the months of December (1st) through April (15th) through the Zoning Clearance process, subject to the following standards:

1) The maximum number of participants that can stay at a single church facility is 30 people. 2) The maximum length of stay at a participating church facility by an eligible participant is seven

days. Once a church facility has hosted a cold weather shelter for seven days, the church shall wait twenty-one (21) days before serving as a cold weather shelter again.

3) Eligible participants at the shelter(s) shall be oriented to families. 4) Eligible participants shall be brought to the participating church facility not before 6:00 p.m. and

shall depart the facility by 7:30 a.m. the next day. 5) As part of the Zoning Clearance process, participating churches in the rotating cold weather

shelter program shall submit an operations plan that provides the following information: a) Screening process for eligible participants. b) Occupancy schedule. c) No loitering policy. d) Transportation plan.

9. Section 8-5.5112 of the Yuba City Municipal Code is hereby added to read as follows: Section 8-5.5112 Rotating Church Cold Weather Shelters.

Existing churches shall be allowed to operate a rotating cold weather shelter program from within their facilities during the months of December (1st) through April (15th) through the Zoning Clearance process, subject to the following standards:

1) The maximum number of participants that can stay at a single church facility is 30 people. 2) The maximum length of stay at a participating church facility by an eligible participant is seven

days. Once a church facility has hosted a cold weather shelter for seven days, the church shall wait twenty-one (21) days before serving as a cold weather shelter again.

3) Eligible participants at the shelter(s) shall be oriented to families. 4) Eligible participants shall be brought to the participating church facility not before 6:00 p.m. and

shall depart the facility by 7:30 a.m. the next day. 5) As part of the Zoning Clearance process, participating churches in the rotating cold weather

shelter program shall submit an operations plan that provides the following information: a) Screening process for eligible participants. b) Occupancy schedule. c) No loitering policy. d) Transportation plan.

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Section 2: Save and except as herein amended, each and every provision of Title 8, Chapter 5, of the Yuba City Municipal Code, is hereby republished, readopted and reaffirmed. Section 3: This ordinance shall be effective thirty (30) days after its adoption and after it is adopted, it shall be published as provided for by law. Introduced and read at a regular meeting of the City Council of the City of Yuba City on the _____ day of ______________, 2010, and adopted at a regular meeting thereof held on the _____ day of ___________, 2010. AYES: NOES: ABSENT: ABSTAIN:

____________________________

MAYOR ATTEST: APPROVED AS TO FORM: ___________________________ __________________________ CITY CLERK CITY ATTORNEY

CITY OF YUBA CITY

STAFF REPORT

1

Agenda Item 5

Agenda Item

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Community Development Department Presentation By: Aaron M. Busch, Director of Community Development

Summary Subject: Second reading for Rezone RZ 10-02 located at 950 Harter Parkway to:

change the Zoning classification from General Commercial, Special Standards Combining District (C-3, X-24 for automobile dealerships) to General Commercial for the future development of a retail shopping center. Owner/Applicant: John L. Sullivan Family Limited Partnership.

Recommendation: Adopt an Ordinance for approval of Rezone RZ 10-02 for amendments to

the Official Zoning Map to amend the Zoning classification from C-3, X-24 General Commercial, Special Standards Combining District on 7.65 acres General Commercial (C-3) as shown in Exhibit A, and waive the second reading.

Fiscal Impact: None. The costs for processing the applications are funded by the

payment of the required entitlement fee, a flat rate fee that covers all staff costs.

Background: The City Council introduced the ordinance for approval of Rezone RZ 10-02 and waived the first reading at its meeting on November 2, 2010. Staff recommends that the City Council waive the second reading and adopt the attached ordinance.

EXHIBIT B

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA

CITY RELATING TO AMENDMENTS TO THE OFFICIAL ZONING MAP TO AMEND THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL, SPECIAL STANDARDS COMBINING DISTRICT (C-3, X-24 FOR AUTOMOBILE DEALERSHIPS) TO GENERAL COMMERCIAL (C-3). OWNER/APPLICANT: JOHN L. SULLIVAN FAMILY LIMITED PARTNERSHIP

THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Planning Commission of the City of Yuba City having heretofore conducted a public hearing on October 13, 2010, on the matter of rezoning of the property located at 950 Harter Parkway, and at the conclusion of said hearing adopted the Mitigated Negative Declaration prepared for the project determining that there are no significant adverse environmental impacts resulting from the project and recommended City Council approval of the rezoning of said property from General Commercial, Special Standards Combining District (C-3, X-24 for automobile dealerships) to General Commercial for the future development of a retail shopping center. The City Council of the City of Yuba City having considered said recommendations of the City Planning Commission on the matter of the rezoning of said property and conducted a public hearing on the matter on November 2, 2010, and after review and consideration of the Mitigated Negative Declaration found that the Mitigated Negative Declaration prepared for the project is in conformance with State and local environmental guidelines and adopted said Mitigated Negative Declaration.

IT IS HEREBY ORDERED, RESOLVED AND DECREED, that the property located at 950 Harter Parkway as outlined in Exhibit B attached hereto and made a part hereof by this reference, be and the same is rezoned to General Commercial as shown on Exhibit B.

This ordinance shall be effective thirty (30) days after it is adopted, and, after it is adopted, shall be published as provided by law.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the _____ day of ___________, 2010, and passed and adopted at a regular meeting held on the _____ day of ____________, 2010. AYES: NOES: ABSENT: ______________________________ MAYOR ATTEST: ________________________________ CITY CLERK APPROVED AS TO FORM: ________________________________ CITY ATTORNEY

CITY OF YUBA CITY STAFF REPORT

1

Agenda Item 6

Agenda Item

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Community Development, Building Division Presentation By: Aaron Busch, Community Development Director

Summary Subject: Building Regulations Ordinance and the adoption of the 2010 edition of

the California Building Standards Code (second reading). Recommendation: Adopt an Ordinance repealing and reenacting Title 7 and appropriate

chapters of the Yuba City Municipal Code entitled Building Regulations which provides regulations to implement the 2010 edition of the California Building Standards Code as shown in Exhibit A and waive the second reading.

Fiscal Impact: None. Background: The City Council introduced the ordinance for approval of the new Building Regulations Ordinance and waived the first reading at its meeting on November 2, 2010. Staff recommends that the City Council waive the second reading and adopt the ordinance.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REPEALING TITLE 7 OF THE YUBA CITY MUNICIPAL CODE AND RE-ENACTING

TITLE 7 REGARDING BUILDING REGULATIONS AND THE ADOPTION OF VARIOUS CODES

The City Council of the City of Yuba City does hereby ordain as follows:

Section 1: Title 7 of the Yuba City Municipal Code, and each chapter and subsection thereof, as the same is presently constituted, is hereby repealed effective with the date of the adoption of this ordinance, and re-enacted as Title 7 entitled "Building Regulations" in the format provided for by this ordinance, and as hereby provided.

Section 2: Title 7 entitled "Building Regulations" as reenacted, and Chapter 1 entitled "California Building Code"; Chapter 2 entitled "California Electrical Code"; Chapter 3 entitled "California Mechanical Code"; Chapter 4 entitled "California Plumbing Code"; Chapter 5 entitled "California Energy Code"; Chapter 6 entitled "California Historical Code"; Chapter 7 entitled "California Existing Building Code"; Chapter 8 entitled "California Referenced Standards Code"; Chapter 9 entitled " California Residential Building Code "; Chapter 10 entitled " California Green Building Standards Code (CALGreen Code) "; Chapter 11 entitled "Uniform Swimming Pool Spa & Hot Tub Code"; Chapter 12 entitled "Building Board of Appeals"; Chapter 13 entitled "Accessibility Board of Appeals"; and Chapter 14 entitled "Temporary Structures on Construction Sites"; thereof and each subsection of each such chapter thereof, shall read as set forth in Exhibit "A" attached hereto and made a part hereof by reference.

Section 3: Purpose and Authority The purpose of this Ordinance is to adopt by reference the 2010 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property and welfare of the City of Yuba City. This Ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5. Section 4: Application This Code shall provide regulations for all new construction and any alterations, repairs, relocations, or reconstruction of any building or any portion thereof including any electrical, mechanical, gas, or plumbing installed on any property or used on or within any building. Section 5: Conflicts with other laws, rules, etc. In the event of any conflict between this Code and any law, rule or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this Code.

Section 6: Validity: Should any provision of this ordinance or any of the standards or any parts of this ordinance be held invalid by a court of proper jurisdiction, such provisions and/or standards and/or conditions shall be considered severable from the remaining provisions herein and such remaining provisions shall remain in full force and effect.

The City Council of the City of Yuba City hereby declares that it would have adopted this ordinance, and each chapter, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or legally ineffective.

Section 7: This ordinance shall become effective January 1, 2011 after it is adopted, and after it is adopted, shall be published as provided by law.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 2nd day of November 2010 and passed and adopted at a regular meeting thereof held on the ____ day of ____________.

AYES: NOES: ABSENT:

____________________________ Kash Gill, Mayor

ATTEST: ___________________________ Terrel Locke, City Clerk APPROVED AS TO FORM: __________________________ Timothy P. Hayes, Esq. City Attorney

EXHIBIT "A"

CHAPTER 1

CALIFORNIA BUILDING CODE

Section 7-1.01: Adoption of the California Building Code

Adoption of the California Building Code, 2011 Edition, based on the 2009 International Building Code including, among the Appendices, Appendix Chapter H (Signs), Appendix Chapter I; (Patio Covers), and Appendix Chapters J; (Grading), as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations and as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.

Section 7-1.02: Amendment of Section 101.4.5 of Division II Scope And Administration Section 101.4.5 of Division II Scope And Administration, of the California Building Code 2010 Edition is hereby amended to read:

Fire Prevention. The provisions of the California Fire Code and Chapter 5 of title 4 of the Yuba City Municipal Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension repair, alteration or removal of fire suppression and alarm systems or fire hazards in structure or on the premises from occupancy or operation.

Section 7-1.03: Amendment of Section 103.3 of Division II Scope And Administration Section 103.3 of Division II Scope And Administration, of the California Building Code 2010 Edition is hereby amended to read:

Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees which may include the City Fire Chief and County Health Officer. Such employees shall have the powers as delegated by the building official. For the maintenance of existing properties, see the California Building Code.


Work exempt from permit. In addition to the requirement to obtain permits for the types of construction listed in Section 105.2 of the California Building Code, permits are required for parking lot construction and any resurfacing or re-striping of a parking lot.


Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the issue date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee thereof shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit, when he or she is unable to commence work within the time required by this section and for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than twice. In order to renew action of the permit after expiration, the permittee shall pay a new full permit fee and the work shall comply with all the provisions for a completely new building.

When a permit expires by limitations and has become null and void, and the Building Inspection Division has not been notified in writing by the permittee that no work was done under the permit, the Building Official may file a “Notice of Non-compliance” with the Sutter County Recorder’s Office for failure of obtaining the required inspections.


Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Chapter 8 of Title 3 of the Yuba City Municipal Code.

Section 7-1.07: Amendment of Section 113 of Division II Scope And Administration Section 113 of Division II Scope And Administration, of the California Building Code 2010 Edition is hereby amended to read:

Board of Appeals. Whenever the term "Board of Appeals" is used in this code, such reference shall mean the "Building Board of Appeals" created by Chapter 12 of Title 7 of the Yuba City Municipal Code or the "Accessibility Board of Appeals” created by Chapter 13 of Title 7 of the Yuba City Municipal Code.

Section 7-1.08: Violations

Violations to this chapter will be penalized under the provisions of Chapter 2 of Title 1 of the Yuba

City Municipal Code.

CHAPTER 2

CALIFORNIA ELECTRICAL CODE

Section 7-2.01: Adoption of the California Electrical Code

Adoption of the California Electrical Code, 2010 Edition, based on the 2008 National Electrical Code, as published by the National Fire Protection Association, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations and as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.

Section 7-2.02: Administrative Requirements

The administrative provisions of the California Electrical Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.


Violations to this chapter will be penalized under the provisions of Chapter 2 of Title 1 of the Yuba City Municipal Code.

CHAPTER 3

CALIFORNIA MECHANICAL CODE

Section 7-3.01: Adoption of the California Mechanical Code

Adoption of the California Mechanical Code, 2010 Edition, based on the 2009 Uniform Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations and as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Mechanical Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.

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CHAPTER 4

CALIFORNIA PLUMBING CODE

Section 7-4.01: Adoption of the California Plumbing Code

Adoption of the California Plumbing Code, 2010 Edition, based on the 2009 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations and as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Plumbing Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.



CHAPTER 5

CALIFORNIA ENERGY CODE

Section 7-5.01: Adoption of the California Energy Code

Adoption of the California Energy Code, 2010 Edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Energy Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.



CHAPTER 6

CALIFORNIA HISTORICAL CODE

Section 7-6.01: Adoption of the California Historical Code

Adoption of the California Historical Code, 2010 Edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Historical Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.



CHAPTER 7

CALIFORNIA EXISTING BUILDING CODE

Section 7-7.01: Adoption of the California Existing Building Code

Adoption of the California Existing Building Code, 2010 Edition, as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Existing Building Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.



CHAPTER 8

CALIFORNIA REFERENCED STANDARDS CODE

Section 7-8.01: Adoption of the California Referenced Standards Code

Adoption of the California Referenced Standards Code, 2010 Edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the California Referenced Standards Code shall be as provided for in the California Building Code Division II Scope And Administration as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.



CHAPTER 9

California Residential Building Code

Section 7-9.01: Adoption of the California Residential Building Code

Adoption of the California Residential Building Code , 2010 Edition, based on the 2009 International Residential Code including, Chapter 1, Division II Administration as published by the International Code Council (ICC) as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.

Section 7-9.02: Amendment of Section R103.3 of Chapter 1, Division II Administration.

Section R103.3 of Chapter 1, Division II Administration, of the California Residential Code 2010 Edition is hereby amended to read:

Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees which may include the City Fire Chief and County Health Officer. Such employees shall have the powers as delegated by the building official. For the maintenance of existing properties, see the California Building Code.

Section 7-9.03: Amendment of Section R105.5 of Chapter 1, Division II Administration. Section 105.5 of Chapter 1, Division II Administration, of the California Residential Code 2010 Edition is hereby amended to read:

Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the issue date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee thereof shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit, when he or she is unable to commence work within the time required by this section and for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than twice. In order to renew action of the permit after expiration, the permittee shall pay a new full permit fee and the work shall comply with all the provisions for a completely new building.

When a permit expires by limitations and has become null and void, and the Building Inspection Division has not been notified in writing by the permittee that no work was done under the permit, the Building Official may file a “Notice of Non-compliance” with the Sutter County Recorder’s Office for failure of obtaining the required inspections.

Section 7-9.04: Amendment of Section R108.2 of Chapter 1, Division II Administration Section R108.2 of Chapter 1, Division II Administration, of the California Residential Code 2010 Edition is hereby amended to read:

Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Chapter 8 of Title 3 of the Yuba City Municipal Code.

Section 7-9.05: Amendment of Section R112 of Chapter 1, Division II Administration Section R112 of Chapter 1, Division II Administration, of the California Residential Code 2010 Edition is hereby amended to read:

Board of Appeals. Whenever the term "Board of Appeals" is used in this code, such reference shall mean the "Building Board of Appeals" created by Chapter 12 of Title 7 of the Yuba City Municipal Code or the "Accessibility Board of Appeals” created by Chapter 13 of Title 7 of the Yuba City Municipal Code.

Section 7-9.06: Amendment of Section R313.2.1.1 of Chapter 3, Building And Planning. Section R313.2.1.1 of Chapter 3, Building And Planning, of the California Residential Code 2010 Edition is hereby amended to read:

Design And Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section R313.3 or NFPA 13D. A listed and approved exterior combination horn/strobe device attached to the fire sprinkler system flow switch shall be provided on the front of the dwelling, or on the side within 4 feet of the front. The device shall be mounted between 96 inches and 120 inches from adjacent finished grade.

Section 7-9.07: Add Section R313.3.1.2 of Chapter 3, Building And Planning. Section R313.3.1.2 of Chapter 3, Building And Planning, of the California Residential Code 2010 Edition is hereby added to read:

Attic Spaces. An Intermediate Temperature sprinkler head shall be provided at the high-point of each attic space

Section 7-9.08: Add Section R313.3.1.3 of Chapter 3, Building And Planning. Section R313.3.1.3 of Chapter 3, Building And Planning, of the California Residential Code 2010 Edition is hereby added to read:

Attached Garages. . Attached garages are to be provided with fire sprinkler protection at the same design density as the dwelling.

Section 7-9.09: Amendment of Section R313.3.8.2 of Chapter 3, Building And Planning. Section R313.3.8.2 of Chapter 3, Building And Planning, of the California Residential Code 2010 Edition is hereby amended to read:

Final inspection. The following items shall be verified upon completion of the system:

1. Sprinkler are not painted, damaged or otherwise hindered from operation.

2. Where a pump is required to provide water to the system, the pump starts automatically upon system water demand.

3. Pressure-reducing valves, water softeners, water, filters or other impairments to water

flow that were not part of the original design have not been installed.

4. The sign or valve tag required by Section R313.3.7 is installed and the owner's manual for the system is present.

5. The exterior combination horn/strobe device shall be tested for proper operation by

opening the inspector test valve on the fire sprinkler system.

Section 7-9.10: Findings

The City Council finds that the following regulations as contained in this Chapter are necessary to mitigate unique local climatic conditions and impose substantially the same requirements as are contained in the international model industry codes. The unique local conditions as found and determined are as follows:

Yuba City is located in the northern portion of the Central Valley. The area is bounded to the north by the Siskiyou Mountains, the west by the Coastal Mountains, the east by the Sierra Nevada Mountains, and the south by the Delta region. These geographical factors, and the area’s proximity to the Pacific Ocean, combine to determine weather and wind conditions that influence the area and can create a particularly hazardous fire situation.

Four (4) weather conditions routinely present themselves which can result in extremely dangerous fire situations that could result in widespread conflagration. The four (4) conditions are temperature, relative humidity, wind and fog.

Temperatures in the Yuba City area during the summer months are in the ninety (90) degree Fahrenheit range with high temperatures of one hundred (100) degrees being very common.

Low relative humidity is a very important weather condition, that can intensity fire behavior. When relative humidities fall below thirty (30%) percent, the potential for fire spread is significantly increased. A recent review of data available from the National Weather Service of a recent thirty-eight (38) month period revealed that the Yuba City area experienced four hundred three (403) days when the relative humidity was recorded at or below thirty (30%) percent.

Wind velocity directly contributes to flame spread and the potential for conflagration. Winds, in combination with relative humidities below thirty (30%) percent, contribute to “drying out” fuels. The Yuba City area is subject to strong north winds which are usually very drying in nature. A review was made of the days with relative humidity at or below thirty (30%) percent and winds of ten (10) miles per hour or more using the same thirty-eight (38) month period as was previously mentioned. Of the four hundred three (403) days of thirty (30%) percent or below relative humidity, one hundred ninety-seven (197) days also had winds that equaled or exceeded ten (10) miles per hour.

The weather conditions described above have a direct influence on fire behavior. High temperatures, low humidities and wind, singularly and in combination, produce a potentially explosive fire situation.

In addition to the weather conditions described above, the Yuba City area also experiences very dense fog conditions in the wintertime. The presence of dense fog poses significant response problems to emergency response vehicles. Obviously, if dense fog is present, response speeds must be reduced. This reduction in response speed results in longer response times. The longer it takes the fire department to arrive, the larger the fire grows. Research, using the same thirty-eight (38) month period mentioned above, was done to determine how many days of heavy fog the Yuba City area experienced. Heavy fog was defined as one-fourth (1/4) of a mile visibility or less. The data revealed that during the thirty-eight (38) months reviewed, heavy fog occurred on one hundred three (103) days. It is important to note that the fog prone months of November and December were missing for two (2) of the three (3) years reviewed.

As a result of these findings of fact on local climatic conditions within the Yuba City area, the City Council finds that the residential building code provisions and the automatic sprinkler requirements herein established by this Chapter are considered "reasonable and necessary modifications" as provided for in California Health and Safety Code sections 18941.5(b) and 17958 et seq. Because of these serious concerns as reflected in the foregoing findings of fact, it is important that for the effective protection of the citizenry and property within the City limits of the City of Yuba City from the ravages of fire and the reduction of the potential for community-wide conflagration that this ordinance be enacted. Only with the enactment of these regulations can the reduction of the potential for community-wide conflagration and the protection of the citizenry and property within this jurisdiction be realized.



CHAPTER 10 California Green Building Standards, (CALGreen) Code

Section 7-10.01: Adoption of the California Green Building Standards (CALGreen) Code

Adoption of the California Green Building Standards, (CALGreen) Code 2010 Edition, as published by the California Building Standards Commission as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.



CHAPTER 11

UNIFORM SWIMMING POOL SPA AND HOT TUB CODE

Section 7-11.01: Adoption of the Uniform Swimming Pool Spa and Hot Tub Code

Adoption of the Uniform Swimming Pool Spa & Hot Tub Code, 2009 Edition, as published by the International Association of Plumbing and Mechanical Officials, and as amended by the City of Yuba City. One (1) copy is and shall, at all times be kept on file in the office of the City Clerk.


The administrative provisions of the Uniform Swimming Pool Spa and Hot Tube Code shall be as provided for in the California Building Code Appendix Chapter 1 as adopted pursuant to Section 7-1.01 of the Yuba City Municipal Code.

Section 7-11.03: Swimming Pool Enclosures and Safety Devices

Every person who owns or is in possession of any lot or premises on which there is situated a swimming pool, hot tub, spa, fish pond, wading pool, or any other outside body of water created by artificial means, designed or used for such purpose including any portable or temporary structure irrespective of the nature of materials used in the construction of and for the design thereof and further irrespective of the length of time of the use of such portable or temporary structure, any portion of which is one (1) foot or more in depth, shall keep and maintain on the lot or premises upon which the swimming pool, hot tub, spa, fish pond, wading pool, or any other artificial body of water is located, and completely surrounding the body of water, lot or premises a enclosure sufficient to make the body of water inaccessible to small children. The enclosure shall be as provided for in Chapter 1 of Title 7, Section 7-1.01, California Building Code Section 3109.4.4.3 of the Yuba City Municipal Code for private swimming pools and Chapter 1 of Title 7, Section 7-1.01, California Building Code Section 3118B.1 of the Yuba City Municipal Code for public swimming pools. The enclosure shall not be constructed in such a manner that would make it easily climbable by small children.



CHAPTER 12

BUILDING BOARD OF APPEALS

Section 7-12.01: Board Created

There is hereby created a Building Board of Appeals.

Section 7-12.02: Purpose

The Building Board of Appeals is created in order to consider and determine the suitability of alternate materials, type and method of construction and to provide for a reasonable interpretation of the provisions of all construction codes, which shall include but not necessarily be limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the International Property Maintenance Code, the Uniform Housing Code, and the Uniform Swimming Pool, Spa & Hot Tub Code.

Section 7-12.03: Members

The Building Board of Appeals shall contain five (5) members who are qualified by experience and training to pass on matters pertaining to all forms of building construction and related materials and equipment. In addition to the five (5) members, the Chief Building Official shall be an ex-officio member and shall act as secretary to the Board but shall have no vote in any decision of the Board. Membership on the Board shall consist of at least one qualified person from each of the building, electrical, plumbing, mechanical industries, and an engineer or architect. Members of the Board shall be appointed by the Mayor and shall be approved by and serve at the pleasure of the City Council upon adoption of the provisions of this chapter for a period of two (2) years following the effective day of appointment.

Section 7-12.04: Chairman

Annually, the Building Board of Appeals shall select one of the members to serve as Chairman for a one year period.

Section 7-12.05: Meetings and Quorum

Meetings of the Building Board of Appeals shall be called at the discretion of the Chairman or upon the request of at least three (3) members of the Board being made to the Secretary. Business of the Board shall only be conducted with a quorum present. A quorum shall consist of at least three (3) members.

Section 7-12.06: Rules and Regulations

The Building Board of Appeals shall adopt reasonable rules and regulations of conducting its investigations and render all decisions and findings in writing to the Chief Building Official with a duplicate copy to the appellant, and recommend to the Council such legislation as is consistent therewith.

Sec. 7-12.07: Relief from Strict Application of Construction Codes

When, because of the strict application of any of the provisions of any construction code, the final plans and specifications for any building or structure proposed to be erected or constructed in the City, or for the enlargement, alteration, repair, improvement, removal, or conversion of any structure in the City, are not approved by the Chief Building Official, or a building or other required permit is refused by him, or the Chief Building Official is requiring changes to previously approved plans and specifications or change to a structure under construction which is in compliance with approved plans and specifications, or refuses to issue a Certificate of Occupancy, or revokes a Certificate of Occupancy, the Building Board of Appeals may extend relief as provided in this section. Upon the written portion of the applicant, and after a full investigation and hearing on the matter, and when substantial evidence before the Board establishes that each of the following conditions exist in the particular case: ( 1) that there is a special circumstance or condition applicable to the land or building existing or proposed, or both, referred to in the application; and (2) that granting the appeal is necessary for the preservation and enjoyment of substantial property rights; and (3) that granting the appeal will not be detrimental to the safeguard of life or limb, health, property and public welfare; and (4) the proposal substantially complies with the intent of the Code, the Board may relieve the applicant from the strict application of any provisions of any construction code and prescribe such conditions and requirements for the applicant and require from the applicant such guarantee or guarantees for the faithful observance thereof as will, in the opinion of the Board, secure substantially the objective of the Code with due regard for the safeguarding of life, or limb, health, property and public welfare. Each such decision to so relieve the applicant shall be by a three-fifths (3/5) vote of the members of the Board, and by such decision may authorize the approval of such final plans and specifications, issuance of required permits or approval of completed work by the Chief Building Official. All such approvals or disapprovals shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

CHAPTER 13

ACCESSIBILITY BOARD OF APPEALS

Section 7-13.01: Created

There is hereby created the Accessibility Board of Appeals.

Section 7-13.02: Purpose

The Accessibility Board of Appeals is created in order to consider and determine alternate methods of providing accessibility and to provide for a reasonable interpretation of the accessibility provisions of Title 24, California Code of Regulations.

Section 7-13.03: Members

The Accessibility Board of Appeals shall contain five (5) members, two (2) of which shall be persons with disabilities, two (2) shall be qualified by experience and training to pass on matters pertaining to all forms of building construction and related building materials and equipment, and one (1) shall be from the general public. In addition to the five (5) members, the Chief Building Official shall be an ex-officio member and shall act as Secretary to the Board. Members of the Board shall be appointed by the Mayor and shall be approved by and serve at the pleasure of the City Council upon the adoption of the provisions of this chapter for a period of two (2) years following the effective day of appointment.

Section 7-13.04: Chairman

Annually, the Accessibility Board of Appeals shall select one of the members to serve as chairman for a one (1) year term.

Section 7-13.05: Meetings and Quorum

Meetings of the Accessibility Board of Appeals shall be called at the discretion of the Chairman or upon the request of at least three (3) members of the Board being made to the Secretary. Business of the Board shall only be conducted with a quorum present. A quorum shall consist of at least three (3) members with one from each group present.

Section 7-13.06: Rules and Regulations

The Accessibility Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Chief Building Official.

Section 7-13.07: Relief from Strict Application of Accessibility Regulations

When, because of the strict application of any provisions of the state accessibility Regulations, the final plans and specifications for any building or structure proposed to be erected or constructed in the City, or for the enlargement, alteration, repair, improvement, or conversion of any structure in the City are not approved by the Chief Building Official, or a building or other required permit is refused by him, or the Chief Building Official is requiring changes to previously approved plans and specifications, or change to a structure under construction which is in compliance with approved plans and specifications, or refuses to issue a Certificate of Occupancy or revokes a Certificate of Occupancy, the Accessibility Board of Appeals may extend relief as provided in this section. Upon the written petition of the applicant, and after a full investigation and hearing of the matter, and when substantial evidence before the Board establishes that each of the following conditions exists in the particular case: (1) that there is a special circumstance or condition applicable to the land or building existing or proposed, or both, referred to in the application; and (2) that granting the appeal is necessary for the preservation and enjoyment of substantial properly rights; and (3) that granting the appeal will not be detrimental to the safeguard of life or limb, health, property and public welfare; and (4) equivalent facilitation will be provided as defined in Title 24 of the California Administrative Code, or other facilitation as deemed by the Board as equivalent is being provided, or when there exists legal or physical constraints which would not allow compliance with Title 24 regulations or equivalent facilitation, the Board may relieve the application from the strict application of any provisions of accessibility regulations and prescribe such conditions and requirements for the applicant and require from the applicant such guarantee or guarantees for the faithful observance thereof as will, in the opinion of the Board, secure substantially the objectives of the Code with due regard for the safeguarding of life or limb, health, property and public welfare. Bach such decision to so relieve the applicant shall be by a three-fifths (3/5) vote of the members of the Board, and by such decision authorize the approval of such final plans and specifications, issuance of required permits or approval of completed work by the Chief Building Official. All such approval or disapprovals shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

CHAPTER 14

TEMPORARY STRUCTURES ON CONSTRUCTION SITES

Section 7-14.01: Definitions

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

a. "Construction shack" shall mean a trailer coach or temporary structure used for the job office during the course of a building construction project.

b. "Watchman's quarters" shall mean a trailer coach, camper, or other temporary structure

used for the purpose of having a person reside on the construction project to maintain security.

Section 7-14.02: Approval Required

It shall be unlawful for any person to install a construction shack or watchman's quarters without first obtaining approval from the Building Inspection Division.

Section 7-14.03: Temporary Utilities

All temporary utility connections for a construction shack or watchman's quarters shall be made in accordance with all Federal, State, and local codes.



DRAFT MINUTES

REGULAR MEETING OF

CITY COUNCIL & REDEVELOPMENT AGENCY CITY OF YUBA CITY Council Chambers

June 15, 2010 Closed Session 6:00 P.M. Regular Meeting 7:00 P.M.

Closed Session 6:00 p.m.—Butte Room Confer with real property negotiators Steven Jepsen and Steve Kroeger pursuant to Government Code Section 54956.8 regarding negotiations for the possible purchase of the following property or portions thereof: APN 18-070-001. Confer with legal counsel regarding potential litigation pursuant to Government Code Section 54956.9(c) – one potential case. Confer with labor negotiators Steven Jepsen and Steve Kroeger regarding negotiations with the following associations: Yuba City Police Officers, Police Sergeants, Yuba City Firefighters Local 3793, Yuba City Fire Management, Confidential Employees, Executive Services Employees, First Level Managers, Mid Managers, and Yuba City Employees, pursuant to Section 54957.6 of the Government Code. Regular Meeting 7:00 p.m.—Council Chambers Call To Order The City Council of the City of Yuba City was called to order by Mayor Gill at 7:02 p.m. Roll Call Present: Councilmembers Dukes, Maan, McBride, Miller, and Mayor Gill Absent: None Invocation Councilmember Dukes gave the invocation. Pledge of Allegiance to the Flag Councilmember Miller led the Pledge of Allegiance to the Flag. Presentations and Proclamations 1. Proclamation for United States Army Week – Present by Mayor Gill to Sgt. 1st Class

Wilfred Campos and Sgt. 1st Class Sherri Roundtree Public Hearings 2. City of Yuba City Laboratory Fee Schedule

Mayor Gill opened the public hearing, hearing no comment, he closed the public hearing.

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Councilmember Maan moved to adopt Resolution No. 10-041 approving updated City of Yuba City Laboratory Fee Schedule. Councilmember Miller seconded the motion that passed with a unanimous vote.

2. Lincoln East Specific Plan

Mayor Gill recused himself due to a possible conflict of interest.

The following persons spoke on this item: John Wilbanks of RRM Susan Goodwin of Goodwin Consulting Mayor Pro Tem Dukes opened the public hearing. The following person spoke on this item: Tim Dahlski, 645 Sanborn Road, Yuba City Mayor Pro Tem, hearing no further comment, closed the public hearing. Councilmember Miller moved to adopt Resolution No. 10-042 certifying the Final Environmental Impact Report for the proposed Lincoln East Specific Plan, adopting findings of fact, adopting mitigation measures and a mitigation monitoring plan, rejecting alternatives, and adopting a Statement of Overriding Considerations; adopt Resolution No. 10-043 to amend the General Plan Land Use and Circulation Elements to match the proposed land uses and circulation policies contained in the proposed Lincoln East Specific Plan; introduce an ordinance approving the Lincoln East Specific Plan and waive the first reading; introduce an ordinance assigning pre-annexation zoning to the parcels within the Lincoln East Specific Plan area and waive the first reading; and following the second reading of the ordinance for adoption of the Lincoln East Specific Plan, adopt a resolution to approve the Lincoln East Specific Plan Public Facilities Financing Plan. Councilmember McBride seconded the motion that passed with the following vote: AYES: Councilmember Dukes, Maan, McBride and Miller NOES: None

Public Communication 4. Written Requests - None 5. Appearance of Interested Citizens – Phillip Treanor, 1579 Richland Road, Yuba City

Consent Calendar Councilmember McBride moved to adopt the consent calendar as presented. Councilmember Dukes seconded the motion that passed with a unanimous vote. 6. City Council Approval of Minutes of June 1, 2010 Approved the Council meeting minutes of June 1, 2010. 7. Painting of Fire Department Training Tower

Approved a supplemental appropriation of $4,000 to the Fire Department’s Capital Improvement Program budget Account 901001-65501 (Fire Station Improvements) to

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facilitate painting of the Training Tower, located behind Fire Station No. 1, 824 Clark Avenue.

8. General Election November 2, 2010

Adopted Resolution No. 10-044 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2010 for the election of certain officers and authorizing the Mayor to enter into an agreement for election services with Sutter County.

9. Senior Center Solar Panel Installation Project (Notice of Completion)

Adopted Resolution No. 10-045 accepting the subject project and authorizing the General Services Director to file a Notice of Completion.

10. Striping and Pavement Marking Improvement Project 2010 (Plans & Specifications)

Adopted Resolution No. 10-046 approving the plans and specifications for the Striping & Pavement Marking Improvements Project 2010 and authorizing advertisement for bids on the project.

11. Proposed agreement between the City of Yuba City and Rosie’s Sno Biz, and Fat

Daddy’s Frankfurters relating to continued operation of their pre-existing non-conforming vending operations.

Authorized the City Manager to sign separate Agreements with Rosie’s Sno Biz and Fat Daddy’s Frankfurters allowing for the continued operation of their pre-existing non-conforming vending operations within city limits.

General Items 12. Proposed sidewalk outdoor dining at 628 Plumas Street – Plumas Street Bistro

Councilmember Miller moved to approve the request for sidewalk outdoor dining at 628 Plumas Street – Plumas Street Bistro. Councilmember Maan seconded the motion that passed with a unanimous vote.

13. Presentation of Proposed FY 10-11 Capital Improvement Program for Public

Works/Utilities No action required.

14. Adoption of the City of Yuba City’s Fiscal Year 2010-2011 Operating and Capital

Budgets and Fiscal Year 2010-2011 Appropriations Limit

Councilmember Maan moved to adopt Resolution No. 10-047 approving the proposed Fiscal Year 2010-2011 Operating Budget; adopt Resolution No. 10-048 approving the Fiscal Year 2010-2011 Capital Improvement Program Budget and accept findings of consistency with the General Plan as approved by the Planning Commission. Project Summaries by Funding Source are attached to the resolution and adopt Resolution No. 10-049 approving the City’s Appropriations Limit for Fiscal Year 2010-11. Councilmember Dukes seconded the motion that passed with a unanimous vote.

15. Adoption of the Redevelopment Agency’s Fiscal Year 2010-2011 Operating and Capital Budget (RDA)

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Councilmember Dukes moved to adopt Resolution No. 10-004 approving the Redevelopment Agency’s proposed Fiscal Year 2010-2011 Operating and Capital Budget. Councilmember Miller seconded the motion that passed with a unanimous vote.

16. Amendments to current Memoranda and Letters of Understanding continuing the

current work furloughs salary reductions, deferring flat rate pay increases and cost of living adjustments providing for additional concessions

Councilmember Miller moved to adopt Resolution No. 10-050 approving the contract amendments providing for continuation of current concessions from the bargaining units and additional concessions from the Firefighters’ Association and Fire Management unit. Councilmember McBride seconded the motion that passed with a unanimous vote.

17. Employment Agreements with Department Directors

Councilmember McBride moved to authorize the City Manager to sign Agreements providing for the terms and conditions of employment for the Department Directors including the positions of: Assistant City Manager, Police Chief, Finance Director, Public Works Director, Community Development Director, and Parks and Recreation Director. Councilmember Maan seconded the motion that passed with a unanimous vote.

18. Fiscal Year 2010-2011 Citywide Purchases

Councilmember Miller moved to approve citywide purchases from July 1, 2010 through June 30, 2011, based on each purchase recommendation being in the best interest of the City. Councilmember Dukes seconded the motion that passed with a unanimous vote.

19. Feather River Parkway: Willow Island Recreation Project (Plans & Specifications)

Councilmember Dukes moved to adopt Resolution No. 10-051 approving the plans and specification for the Feather River Parkway: Willow Island Recreation Project and authorizing advertisement for bids on the project. Councilmember Maan seconded the motion that passed with a unanimous vote.

20. Agreement to purchase water from North Yuba Water District

Councilmember McBride moved to authorize the City Manager to sign the agreement with North Yuba Water District for the purchase of 4,500 acre feet annually per the terms and conditions therein. Councilmember Miller seconded the motion that passed with a unanimous vote.




Adjournment Mayor Gill adjourned the regular City Council meeting of the City of Yuba City at 9:52 p.m.

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Kash Gill Mayor ATTEST: Terrel Locke City Clerk

DRAFT

MINUTES SPECIAL MEETING

CITY COUNCIL & REDVELOPMENT AGENCY CITY OF YUBA CITY

COUNCIL CHAMBERS OCTOBER 5, 2010 - 5:00 P.M.

Call to Order: The City Council and Redevelopment Agency Board of the City of Yuba Was called to order by Mayor Gill at 5:00 p.m. Roll Call: Present: Councilmembers Dukes, Maan, McBride, Miller, and Mayor Gill Absent: None

1. Selection of development project for the Feather River Mills site in downtown Yuba City

Councilmember McBride recused herself due to a possible conflict of interest. Councilmember Maan moved to select the development proposal from the Mehmet Noyan Company for the Feather River Mills site on Agency owned property located at the southeast corner of Bridge and Shasta Streets and directed staff to return to the Council/Agency Board with an Exclusive Right to Negotiate agreement with the selected development team outlining the terms and conditions related to the future development of the site. Councilmember Miller seconded the motion that passed with a unanimous vote. Councilmember McBride rejoined the Council.

Public Communication on Items on the Agenda None. Adjournment

Mayor Gill adjourned the special City Council and Redevelopment Agency meeting of the City of Yuba City at 6:45 p.m.

________________________ Kash Gill

Mayor ATTEST: ________________________ Terrel Locke City Clerk

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AGENDA REGULAR MEETING OF


COUNCIL CHAMBERS OCTOBER 19, 2010

7:00 p.m. Regular Meeting 7:00 p.m. — Council Chambers Call To Order The City Council of the City of Yuba City was called to order by Mayor Gill at 7:00 p.m. Roll Call Present: Councilmembers Dukes, Maan, McBride, Miller, and Mayor Gill Absent: None Invocation Councilmember Dukes gave the invocation. Pledge of Allegiance to the Flag Donald Kessel led the Pledge of Allegiance to the Flag. Public Communication 1. Written Requests - None

2. Appearance of Interested Citizens – LTC Kimerli Rempp, 731 Mariner Loop, Yuba City Bid Openings

3. Avaya VOIP Phone System (FB11-02)

Councilmember Miller moved to award the purchase to the low bidder, Altura Communications of Pleasanton, CA for an Avaya VOIP Phone System in the amount of $41,949.40 and for handset equipment in the amount of $21,199.68 for a total of $63,148.68 and to authorize at 10% contingency. Councilmember Maan seconded the motion that passed with a unanimous vote.

Ordinances

4. Second reading for Rezone 10-04 to change the land use and zoning designations of multiple properties within the city limits to ensure internal consistency between land use and zoning designations

Councilmember McBride recused herself due to a possible conflict of interest. Councilmember Dukes moved to adopt Ordinance No. 013-10 for approval of Rezone RZ 10-04 for amendments to the Official Zoning Map to amend the zoning on the subject properties as shown on Exhibit D, and waive the second reading. Councilmember Miller seconded the motion that passed with a unanimous vote.

Councilmember McBride rejoined the Council.

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10.19.10 /cah

Consent Calendar Councilmember McBride moved to adopt the consent calendar as presented. Councilmember Maan seconded the motion that passed with a unanimous vote. 5. City Council Approval of Minutes of October 5, 2010

Approved the Council meeting minutes of October 5, 2010

6. Live Oak Boulevard Sewer Repair Project (Notice of Completion)

Adopted Resolution No. 10-090 accepting the subject project and authorizing the Public Works Director to file a Notice of Completion.

7. Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_4

Adopted Resolution No. 10-091 to modify Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_4 (Improvements associated with Yuba Community College - Sutter County site, located at 3301 East Onstott Frontage Road.); Resolution No. 10-092 Resolution of Intention, Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_4 (pursuant to the Landscaping and Lighting Act of 1972).

8. Biennial Review of the City of Yuba City Conflict of Interest Code

Adopted Resolution No. 10-093 amending the City of Yuba City Conflict of Interest Code and list of Designated Positions.

General Items 9. Conversion to Paperless Agendas and Purchase of Apple iPads The following persons spoke on this item: James Seif, 1741 Majorca Drive, Yuba City Larry Ozeran, Northwest Yuba City Donald Kessel, 1964 Pebble Beach Drive, Yuba City

Council decided that it was a good idea to go paperless, but not for the City to purchase the iPads. Council and City staff will purchase their own devices. Councilmember Dukes moved to approve the Conversion to Automated Paperless Agenda Packets. Councilmember Maan seconded the motion that passed with a unanimous vote. Councilmember Dukes moved to deny the City’s purchase of the iPads. Councilmember Maan seconded the motion that passed with a unanimous vote.

10. Agreement to Renew an Exclusive Negotiating Agreement with regard to Redevelopment Agency property located at the northeast corner of Franklin Avenue and Plumas Boulevard (RDA) The following persons spoke on this item: Stephanie Ruscigno, 1660 Sharon Drive, Yuba City Scot Patterson of California Gold Development Corporation

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Councilmember Maan moved to authorize the Executive Director to Execute and Implement an Agreement to Negotiate Exclusively with Mr. Scot Patterson of California Gold Development Corporation with regard to Redevelopment Agency property located at the northeast corner of Franklin Avenue and Plumas Boulevard to be used for a Veterans Administration local medical clinic (APN 52-380-020 & 52-380-016) with the omission of “90 days” as described in Section II of the Agreement. Councilmember McBride seconded the motion that passed with a unanimous vote.

11. Memo of Understanding (MOU) with the YMCA of Superior California

Councilmember Maan asked if the YMCA would be paying for the improvements that need to be made to the building, and what is the time frame of services that cease before the building is reverted. City Manager Steven Jepsen stated that there is not a time frame on the contract, because if at any time the YMCA ceased operations, the building would revert back to the City. If the Council would like to put a clause in the contract to specify a date certain that the building would not revert back, they may do so. There may be a period of time if the YMCA is successful, that they may want to sell the building and reinvest. If that were to occur they would have to obtain Council approval. One of the things that YMCA was interested in, was if they were going to make capital improvements to the building, they would like to be the owner. If that is what is necessary to get the YMCA up here, active and fully running, that is what we would support. City Manager Steve Jepsen then clarified that the matter will need to come back to the City Council for a development agreement to transfer the property and that will be contingent upon the completion of a successful capital drive program. Councilmember Dukes moved to approve a Memo of Understanding (MOU) between the City of Yuba City and the YMCA of Superior California for the programmed use and transferred ownership of the Old Fire Station 4 on Walton Avenue; and authorize the City Manager to execute the MOU. Councilmember Maan seconded the motion that passed with a unanimous vote.

12. Memorandum of Understanding with the Sutter Butte Flood Control Agency

(SBFCA) to provide the Agency with temporary cash flow assistance The following person spoke on this item: Bill Edgar, Interim Director of the Sutter Butte Flood Control Agency Councilmember Miller moved to approve the Memorandum of Understanding. Councilmember Dukes seconded the motion that passed with a unanimous vote.

13. Walton Water Transmission Line Project – Contract No. 09-05 (Notice of

Completion) Councilmember McBride moved to adopt Resolution No. 10-094 accepting the Walton

Water Transmission Line Project and authorizing the Public Works Director to file a Notice of Completion. Councilmember Maan seconded the motion that passed with a unanimous vote.

Business from the City Manager

14. Proposed Action Plan and Schedule for a Two Tiered Retirement System

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Councilmember Dukes moved to approve the Action Plan and Schedule as presented. Councilmember McBride seconded the motion that passed with a unanimous vote.




Adjournment Mayor Gill adjourned the regular City Council meeting of the City of Yuba City at 8:44 p.m. in memory of Gigi Cartoscelli. ATTEST: Terrel Locke Kash Gill City Clerk Mayor

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11.02.10 /amr

MINUTES REGULAR MEETING OF


COUNCIL CHAMBERS November 2, 2010- 7:00 P.M.

Regular Meeting 7:00p.m.—Council Chambers Call to Order The City Council of the City of Yuba City was called to order by Mayor Gill at 7:01 p.m. Roll Call

Present: Councilmembers Dukes, McBride, Miller, and Mayor Gill

Absent: Councilmember Maan Invocation Councilmember Dukes gave the invocation. Councilmember Maan joined Council at 7:03 p.m. Pledge of Allegiance to the Flag Ajit Bhullar led the Pledge of Allegiance to the Flag. Public Hearings 1. Building Regulations Ordinance and the adoption of the 2010 edition of the

California Building Standards Code Mayor Gill opened the public hearing. Hearing no comment, Mayor Gill closed the public

hearing. Councilmember Miller moved to introduce an ordinance repealing and reenacting Title 7

and appropriate chapters of the Yuba City Municipal Code entitled Building Regulations which provides regulations to implement the 2010 edition of the California Building Standards Code, waiving the first reading. Councilmember Dukes seconded the motion that passed with a unanimous vote.

2. Zoning Code Amendment ZC 10-06 to incorporate the provisions for rotating

church cold weather shelters into Chapter 5 of Title 8 of the Yuba City Municipal Code.

Mayor Gill opened the public hearing. The following persons spoke on this item: Chris Kersting, 3288 Roxbury Court, Yuba City Clyde Beeler, 1251 Stafford Way, Yuba City Mayor Gill closed the public hearing.

11.02.10 /amr

Councilmember McBride moved to adopt the finding that, following review of the Initial Study/Negative Declaration, the proposed Zoning Code amendment to establish procedures and standards for approving the permanent installation of commercial coaches for schools and offices ancillary to industrial uses has no significant impacts on the environment; adopt the Negative Declaration, which is contained in Exhibit A; adopt the finding that Zoning Code Amendment ZC 10-06 is consistent with the General Plan; and introduce an ordinance for approval of Zoning Code Amendment ZC 10-06, as shown in Exhibit B, and waive the first reading. Councilmember Maan seconded the motion that passed with a unanimous vote.

3. Rezone RZ 10-02 located at 950 Harter Parkway to: change the Zoning

classification from General Commercial, Special Standards Combining District (C-3, X-24 for automobile dealerships) to General Commercial for the future development of a retail shopping center. Owner/Applicant: John L. Sullivan Family Limited Partnership

Mayor Gill opened the public hearing. Hearing no comment, Mayor Gill closed the public

hearing. Councilmember Maan moved to adopt the Mitigated Negative Declaration as contained in

Exhibit A; adopt the following finding that Rezone RZ 10-02 is consistent with the Regional Commercial land use designation as described in the Yuba City General Plan; introduce an ordinance for approval of Rezoning RZ 10-02 for amendments to the Official Zoning Map to amend the Zoning classification from C-3, X-24 General Commercial, Special Standards Combining District on 7.65 acres General Commercial (C-3) as shown in Exhibit B, and waive the first reading. Councilmember Dukes seconded the motion that passed with a unanimous vote.

Public Communication 4. Written Requests – None 5. Appearance of Interested Citizens – Clyde Beeler, 1251 Stafford Way, Yuba City Ordinances 6. Introduction of Ordinance to Adopt the California Fire Code Councilmember Dukes moved to introduce an ordinance, waive the first reading, and set

a public hearing for the November 16, 2010 City Council meeting to revise Chapter 5, Title 4, of the Yuba City Municipal Code regarding Fire Prevention. Councilmember Miller seconded the motion that passed with a unanimous vote.

Consent Calendar Councilmember Maan moved to adopt the consent calendar as presented. Councilmember McBride seconded the motion that passed with a unanimous vote. 7. Corporation Yard Solar Panel Installation Project (Notice of Completion)

Adopted a Resolution No.10-095 accepting the subject project and authorizing the General Services Manager to file a Notice of Completion.

11.02.10 /amr

8. Application to acquire future American Recovery and Reinvestment Act (ARRA)

Grant Funds and/or a Clean Water State Revolving Fund (SRF) Financial Assistance/loan Adopted Resolution No.10-096 designating and authorizing the City Manager to: (i) sign and file a Financial Assistance Application on behalf of the City, in the estimated amount of $14.2 million for the implementation of Wastewater Infrastructure Projects, (ii) negotiate and execute a financial assistance agreement from the State Water Resources Control Board, any amendments or change orders thereto, and (iii) certify financing agreement disbursements on behalf of the City of Yuba City.

9. Water Line Maintenance Agreement – 475 South Barrett Road

Adopted Resolution No.10-097 approving the execution of a Water Line Maintenance Agreement with John L. Guth and Maureen Guth, Trustees of the J & M Guth Family Trust, John and Ngangiang Thoo, and Arnold and Mandy Hoffart for the maintenance of a private water main located at 475 South Barrett Road. [APN’S 26-080-027, 028, and 029]




Adjournment

Mayor Gill adjourned the regular City Council meeting of the City of Yuba City at 7:48 p.m.

_____________________________ Kash Gill Mayor

ATTEST: Terrel Locke City Clerk

CITY OF YUBA CITY

STAFF REPORT

Agenda Item 8

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: General Services Department Presentation by: Devin Barber, General Services Manager

Summary Subject: Citywide HVAC Replacement Project (Notice of Completion) Recommendation: Adopt a resolution accepting the subject project and authorizing the

General Services Manager to file a Notice of Completion.

Fiscal Impact: Staff expects a 20% reduction in energy consumed by the units replaced.

Background: On May 4, 2010, Council awarded the Citywide HVAC Replacement Project to WV Alton, in the amount of their bid of $159,033. The Citywide HVAC Replacement project consists of replacing and installing Heating, Ventilation and Air Conditioning units at seven (7) City facilities including, Council Chambers, Corporation Yard, Police, Fire 1, 2 and 3 and the Walton Street Property. Analysis: All required improvements have been constructed in conformance with the approved plans and specifications. The project was completed on October 27, 2010, which was within the contract time period. With Council acceptance of the project, WV Alton, will be required to warranty the project for one year. Also, once the Notice of Completion has been filed the 35-day waiting period for release of retention funds will begin. Fiscal Impact: The budgeted amount for construction was $159,033. The anticipated final construction cost is $159,033. With acceptance of the improvements, the City will become responsible for the normal maintenance of the HVAC units, which can be funded through cost savings from PG&E. Alternatives: Do not accept the improvements.

Recommendation: Adopt a resolution accepting the subject project and authorizing the General Services Manager to file a Notice of Completion. Prepared by: Submitted by:

/s/Vicky Anderson /s/ Steven R. Jepsen Vicky Anderson Steven R. Jepsen Analyst I City Manager Reviewed by: Department Head DB Finance RB City Attorney TH

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ACCEPTING THE WORK PERFORMED UNDER THE

CITYWIDE HVAC REPLACEMENT PROJECT (CONTRACT NO. 10-01), AND DIRECTING THE GENERAL SERVICES MANAGER TO EXECUTE

AND RECORD A NOTICE OF COMPLETION. WHEREAS, the City of Yuba City has heretofore contracted with WV Alton Inc for certain work performed under that certain project known as the Citywide HVAC Replacement Project, being Contract No. 10-01; and WHEREAS, said work of improvements, as called for by the contract between the City of Yuba City and WV Alton Inc, referable to said project was completed on October 27, 2010 to the satisfaction of the City; and WHEREAS, there has been posted a bond insuring the work of improvements from a maintenance standpoint for a period of one year from and after completion. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Yuba City that it hereby accepts the work performed on those certain improvements, the subject of a contract between the City of Yuba City and WV Alton Inc, known and referred to as the Citywide HVAC Replacement Project and authorizes and directs the General Services Manager of the City of Yuba City to execute and record a Notice of Completion in connection with said work of improvement. The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of November 2010. AYES: NOES: ABSENT: MAYOR ATTEST:

CITY CLERK


Agenda Item 9

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Public Works Presented by: George Musallam, Public Works Director

Summary Subject: Second Street & B Street Signal Replacement Project Recommendation: Adopt a resolution approving the plans and specifications for the Second

Street & B Street Signal Replacement Project and authorizing advertisement for bids on the project.

Fiscal Impact: Engineer’s Estimate $265,000 - Account No. 921027-65501 (Traffic

Signals)

Background: The Public Works Department is moving forward with the design of a replacement signal at the intersection of Second Street and B Street. The current signal is one of the oldest in the City and the equipment is antiquated. Currently the signal is operating in “recall mode” which means the signal functions based on set timed phases, regardless of the presence vehicles. The proposed signal will be capable of detecting vehicles and bicycles in all directions to relieve current congested conditions. The project scope includes the installation of ornamental signal equipment and lighting which closely matches historical lighting fixtures near the courthouse from the 1930s. When Redevelopment Funds become available, the same ornamental street lights are planned to be implemented along the historic Yuba City corridor of Second Street between Bridge Street and Garden Highway. For the signal replacement project, the City obtained a quote which showed the ornamental signal equipment cost is comparable to standard mast-arm signal equipment. Please reference Exhibit B for the proposed signals and lighting. The project scope also includes the upgrade of existing pedestrian access ramps to meet current Americans with Disabilities Act (ADA) requirements. Project design, management, and construction inspection will be administered by the City’s Public Works Department. Analysis: Public Works has prepared the plans, specifications, and estimates for the Second Street & B Street Signal Replacement Project. The project involves the installation of signal poles, pedestrian access ramps, signalized crosswalks, and a street overlay at the subject intersection.

With Council approval of the plans and specifications and authorization to bid, staff proposes to move forward with the subject project at the following anticipated schedule: Advertise for bid: November 17 – December 16, 2010 Award Contract: January 2011 Start of construction: February 2011 Completion: May 2011 The plans and specifications for the project are on file in the Public Works office for review. Fiscal Impact: The estimated construction cost is $265,000, which includes a street overlay at the subject intersection. The project will be funded through road funds. In the Fiscal Year 2010-11 Capital Improvement Program, there is $176,000 budgeted through Account No. 921027-65501 (Traffic Signals) to cover a portion of the estimated $265,000 required for this project. Following bid opening, the actual project cost will be known and necessary transfers will be recommended to cover the remaining project balance when the contract is to be awarded. Alternatives: Delay or modify recommended action. Recommendation: Staff recommends that Council adopt a resolution approving the plans and specifications for the Second Street & B Street Signal Replacement Project and authorizing advertisement for bids on the project. Prepared by: Submitted by:

/s/ Marc A. Mattox /s/ Steven R. Jepsen Marc A. Mattox Steven R. Jepsen Assistant Engineer City Manager Reviewed by: Department Head GM Finance RB City Attorney TH

EXHIBIT B

N:\Temp\2Agenda-AgendaPacket\11-16-10\Word Version\Item 9C - Resolution.docx

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE PLANS AND SPECIFICATIONS FOR THE SECOND

STREET & B STREET SIGNAL REPLACEMENT PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT.

BE IT RESOLVED AND ORDERED by the City Council of the City of Yuba City that the plans and specifications for the Second Street & B Street Signal Replacement Project be approved. BE IT FURTHER RESOLVED AND ORDERED by the City Council of the City of Yuba City that the Department of Public Works is hereby authorized and directed to advertise for bids for the Second Street & B Street Signal Replacement Project. The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of November 2010. AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK

CITY OF YUBA CITY

STAFF REPORT

Agenda Item 10

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Department of Public Works Presentation by: George Musallam, Public Works Director

Summary Subject: Yuba City Lighting and Landscape Maintenance District No. 6, Zone of

Benefit B_5

Recommendation: Adopt the following resolutions to create the Lighting and Landscape Maintenance District:

a. Resolution to modify Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5 (Improvements associated with Unity Estates, El Margarita Road)

b. Resolution of Intention, Yuba City Lighting and Landscape

Maintenance District No. 6, Zone of Benefit B_5 (pursuant to the Landscaping and Lighting Act of 1972).

Fiscal Impact: Revenue from the assessed parcels is to be used to provide maintenance

services and district administration costs associated with four (4) street lights; $794.52 assessed annually

Background:

To provide funding for the operation and maintenance of the street lighting system for the Unity Estates development, located along the west side of El Margarita Rd., south of Hwy. 20. The City desires to establish a Lighting and Landscape Maintenance District. The owner/developer’s representative has been contacted regarding the Lighting and Landscape Maintenance District (LLMD) formation procedure. The new zone will provide the funds for operating and maintaining a total of four (4) street lights, which are located along the west side of the road. Analysis:

The City has created and modified several Lighting and Landscape Maintenance Districts that cover many commercial projects and subdivisions, over the past few years. When projects are conditioned to participate in a LLMD, there is a procedure that has to be followed in order to annex the project into an existing district. The process starts with the adoption of a Resolution to Modify an existing district and a Resolution of Intention to create a Zone of Benefit for the project within the district and set the public hearing. Upon Council adoption of the Resolution to Modify and Resolution of Intention, staff sends out a Notice of Public Hearing and a ballot to all affected property owners at least 45 days prior to the date of the public hearing. The assessment ballots are to be received by the City Clerk prior to the public hearing. The Council conducts a public hearing, and the City Clerk then tabulates the votes. If the majority of the property owners have voted in favor of the LLMD,

Council adopts a Resolution Confirming Diagram and Assessment and Levying Assessment for the fiscal year. During this process, the Public Works Department is required to prepare an Engineer’s Report providing specific information related to the LLMD and to file it with the City Clerk. This information is provided to the Sutter County Tax Collector so that the properties can be assessed accordingly. The attached resolutions set a public hearing for January 3, 2011, to receive input from the affected property owners and set the proposed assessments in accordance with the Engineer’s Report which will be filed with the City Clerk later this month. Fiscal Impact: Revenue from the assessed parcel is to be used to provide maintenance services and district administration costs. The Engineer’s Report for the Yuba City Lighting and Landscape Maintenance District No. 6 Zone of Benefit B_5 has determined that the annual assessed amount for the (LLMD) for the two parcels is $794.52, with an annual inflation increase. Upon subdivision of the parcels the assessment is divided equally among the property owners. Alternatives: Do not adopt the following resolutions and fund the operation and maintenance of the streetlight from alternate sources. Recommendation: Adopt the following resolutions to create the Lighting and Landscape

Maintenance District:

a. Resolution to modify Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5 (Improvements associated with Unity Estates, El Margarita Road)

b. Resolution of Intention, Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5 (pursuant to the Landscaping and Lighting Act of 1972).

Prepared by: Submitted by:

/s/ Ben Moody /s/ Steven R. Jepsen

Benjamin K. Moody Steven R. Jepsen Associate Civil Engineer City Manager Reviewed by: Department Head GM Finance RB City Attorney TH


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY INITIATING PROCEEDINGS TO MODIFY THE YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6, ZONE OF BENEFIT B_5

(Pursuant to the Landscaping and Lighting Act of 1972)

THE CITY COUNCIL OF THE CITY OF YUBA CITY RESOLVES: 1. The City Council proposes to modify a lighting and landscape maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following Streets and Highways Code) for the purpose of operating and maintaining lighting facilities associated with the Unity Estates improvements, El Margarita Road. 2. The proposed assessment district Zone of Benefit shall be designated as Zone of Benefit B_5 of the Yuba City Lighting and Landscape Maintenance District No. 6, City of Yuba City, Sutter County, California, and shall include the lands shown on the attached map designated “Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5,” which is on file with the City Clerk and is hereby approved. 3. The City Engineer, or designee, of the City of Yuba City is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the engineer to prepare and file with the City Clerk a report in accordance with Article 5 of Chapter 1 of the Landscaping and Lighting Act of 1972.

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 16th day of November 2010. AYES: NOES: ABSENT: MAYOR ATTEST:

CITY CLERK


RESOLUTION OF INTENTION YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE

DISTRICT NO. 6, ZONE OF BENEFIT B_5

(Pursuant to the Landscaping and Lighting Act of 1972)

THE CITY COUNCIL OF THE CITY OF YUBA CITY RESOLVES: 1. The City Council intends to form the assessment district and to levy and collect assessments in accordance with the Landscaping and Lighting Act of 1972. 2. The improvements to be made in this assessment district are generally described as follows: Street lighting and maintenance associated with the Unity Estates improvements along El

Margarita Road. 3. This assessment district shall be known as the Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5, City of Yuba City, Sutter County, California. 4. In accordance with the City Council’s resolution initiating proceedings, the City Engineer, or designee, will file with the City Clerk later this month the report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment district to include an annual increase in assessments equal to the annual increase in the “All Urban Consumers” Consumer Price Index, US City Average, as compiled by the United States Department of Labor Bureau of Labor Statistics. 5. On January 3, 2011, at the hour of 7:00 P.M., the City Council will conduct a public hearing on the formation of this assessment district and the levy of the proposed assessment. The hearing will be held in the City Hall Council Chambers, 1201 Civic Center Boulevard, Yuba City, California. 6. City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

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 16th day of November 2010. AYES: NOES: ABSENT: MAYOR ATTEST:

CITY CLERK

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ENGINEER'S REPORT YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6

ZONE OF BENEFIT B_5 (Unity Estates Offsite, El Margarita Rd.)

(Pursuant to the Landscaping and Lighting Act of 1972) George Musallam, Engineer of work for the Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_5, City of Yuba City, County of Sutter County, California, makes this report as directed by City Council, pursuant to Section 22585 of the Streets and Highway Code (Landscape and Lighting Act of 1972). The improvements to be maintained subject to this report is the street lighting system located on parcel numbers 63-010-106 and 63-010-107, located on the west side of El Margarita Road south of State Route 20. This report consists of five parts, as follows: Part A- Plans and specifications (the improvements to be maintained are not filed with the City Clerk, since this will be a maintenance district only). Part B - An estimate of the cost of maintenance. Part C - An assessment of the estimated cost of maintenance on each benefited parcel of land within the assessment district (see attached list). Part D - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel. Part E - A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number. Respectfully submitted, George Musallam Engineer of Work City of Yuba City

4

PART A PLANS AND SPECIFICATIONS

YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6


This is a maintenance district only -- no plans or specifications are required.

5

PART B ESTIMATE OF COST OF MAINTENANCE

Yuba City Lighting and Landscape Maintenance District No. 6

Zone of Benefit B_5 (2 Parcels)

Total

Street Lighting – 100 watts $141.96/yr x 4 lights = $ 567.84 Subtotal = $ 567.84

CPI multiplier (1.272) $ 722.29 10% Administration = $ 72.23 Subtotal Assessment = $ 794.52

PART C ASSESSMENT ROLL


ZONE OF BENEFIT B_5

Assessment # Assessor’s # Amount of Assmt. 1 63-010-106 $ 397.26

2 63-010-107 $ 397.26

6

PART D METHOD OF APPORTIONMENT OF ASSESSMENT


Zone of Benefit B_5 All areas within the LLMD will share equally in the maintenance costs of the 100-watt street lighting ($198.63 per light per year). All additional lots added to this Zone of Benefit will benefit in like manner. The proposed assessments upon assessable lots and parcels of land within the assessment district shall be adjusted annually on each July 1 to reflect changes from May of the previous year to May of the current year of the “All Urban Consumers” Consumer Price Index, US City Average, as compiled by the United States Department of Labor, Bureau of Labor Statistics. A 10% administration charge will be added to each assessment to cover the cost to administer the District.

Consumer Price Index

Year Consumer Price Index Multiplier May 2000 171.5 1.000 May 2001 177.7 1.036 May 2002 179.8 1.048 May 2003 183.5 1.070 May 2004 189.1 1.103 May 2005 194.4 1.133 May 2006 202.5 1.181 May 2007 207.949 1.213 May 2008 216.632 1.263 May 2009 213.856 1.247 May 2010 218.178 1.272

7

PART E

ASSESSMENT DIAGRAM Yuba City Lighting and Landscape Maintenance District No. 6


CITY OF YUBA CITY

STAFF REPORT

Agenda Item 11

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Department of Public Works Presentation by: George L. Musallam, Public Works Director

Summary Subject: Approval of Amendment to Joint Powers Agreement revising the

boundaries of the Sutter Butte Flood Control Agency. Recommendation: Adopt a resolution approving an amendment to the Sutter Butte Flood

Control Agency Joint Powers Agreement revising the boundaries of the Agency.

Fiscal Impact: None on City

Background: A Joint Powers agreement was executed by the City in 2007 creating the Sutter Butte Flood Control Agency (SBFCA) and defining specific boundaries for the agency. The Agency was formed to advance flood control projects in Sutter and Butte Counties with participation by several jurisdiction within the two counties. In July of 2010 SBFCA Board approved the formation of an assessment district for the purpose of providing the needed mechanism to collect funds from property owners to finance the cost of improving levees they benefit from. Analysis: The process of forming the assessment district required defining a benefit assessment boundary which includes all properties receiving benefits from the proposed levee improvements. The boundary of the benefit assessment formed by the agency does not coincide with the boundaries of the Agency as defined by the previously adopted JPA. SBFCA staff is asking the Council to adopt the attached resolution amending the JPA and approving the new boundaries of the agency to coincide with the boundaries of the assessment district. Attached is a copy of SBFCA’s staff request along with the required resolution and agreement. Fiscal Impact: None on City Alternatives: Do not approve the amendment to the JPA

Recommendation: Adopt a resolution approving an amendment to the Sutter Butte Flood Control Agency Joint Powers Agreement revising the boundaries of the Agency. Prepared by: Submitted by:

/s/ George L. Musallam /s/ Steven R. Jepsen

George L. Musallam Steven R. Jepsen Public Works Director City Manager Reviewed by: Finance RB


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REGARDING AMENDMENT TO SUTTER-BUTTE FLOOD CONTROL

AGENCY JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the City of Yuba City is a party to the Sutter-Butte Flood Control Agency Joint Exercise of Powers Agreement (“Agreement”), which formed the Sutter-Butte Flood Control Agency (“SBFCA”); WHEREAS, while most joint powers authorities (JPAs) draw their boundaries to match their member agencies’ boundaries, SBFCA elected to exclude portions of Sutter and Butte Counties from the SBF CA area; and WHEREAS, on July 14, 2010, SBFCA approved the formation of the Sutter-Butte Flood Control Assessment District (“Assessment District”) in order to fund levee rehabilitation work along the west bank of the Feather River (“Feather River West Levee Rehabilitation Project” or “FRWLRP”); and WHEREAS, the boundaries of the Assessment District were fixed to include all properties receiving special benefits from the FRWLRP; and WHEREAS, some parcels near the Town of Sutter will receive special benefits from the FRWLRP but sit outside the SBFCA boundary; and WHEREAS, the members of SBFCA, including the City of Yuba City, wish to amend the Agreement in order to ensure that the boundaries of SBFCA include the entire Assessment District benefit area. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Yuba City that it hereby approves the Second Amendment to the Sutter-Butte Flood Control Agency Joint Exercise of Powers Agreement.

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 16th day of November 2010. AYES:

NOES:

ABSENT: ATTEST: MAYOR

CITY CLERK

CITY OF YUBA CITY

STAFF REPORT

Agenda Item 12

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Public Works Department Presentation by: George Musallam, Public Works Director

Summary Subject: Professional Services Agreement with AMEC Geomatrix for a Phase II

Environmental Investigation of the property located at 400 Bridge Street. [APN 52-324-023]

Recommendation: Award a professional services agreement to AMEC Geomatrix of Rancho

Cordova, California, for a Phase II Environmental Investigation of the property located at 400 Bridge Street, APN 52-324-023, in an amount not to exceed $100,000 with the finding that it is in the best interest of the City, and approve a budget transfer in the amount of $20,000 from Account Number 911125-65514 (Redevelopment Project Area Expansion) to Account Number 911090-65502 (Feather River Mills Site Development).

Fiscal Impact: $100,000 – Account No. 911090-65502 (Feather River Mills Site

Development)

Background: The City/Redevelopment Agency purchased several properties located on the east side of Shasta Street between Bridge Street and B Street around 2003, now commonly referred to as the “Feather River Mills Site” (Site)(Exhibit A). The parcels have since been merged into one parcel identified as 400 Bridge Street, APN 52-324-023. The properties were former sites for a commercial art and supply store, recycling center, warehouse building, train station, mill and feed store, Diamond Match Company, and Sierra Lumber. In May 2010, Public Works sent out a Request for Proposals for the preparation of a Phase I Environmental Site Assessment (Phase I ESA) and awarded the contract to AMEC Geomatrix (AMEC). The purpose of the Phase I ESA was to compile and review available information about the Site and immediate vicinity to identify recognized environmental conditions (REC) to the extent feasible. The Phase I ESA was prepared in preparation for the redevelopment of the Site. The Phase I ESA was conducted and identified 19 REC’s, of which 8 are considered to be high priority as they are considered more likely to have resulted in a release of hazardous substances or petroleum products to the Site (Exhibit B).

Public Works then contracted with AMEC to prepare a Phase II Investigation Work Plan (Work Plan). The Work Plan describes the investigation activities planned to evaluate the identified REC’s and a sampling and analysis plan to be performed during the Phase II Investigation. The Work Plan is scheduled to be completed the week of November 8th. Analysis: The next step in the process is to conduct a Phase II Environmental Investigation in which the Work Plan will be implemented to determine the extent, if any, of contamination at the Site. Since Public Works went through the Request for Proposal process for the preparation of the Phase I ESA and selected AMEC based on their qualifications and cost, and AMEC prepared the Phase II Work Plan, staff is recommending that a professional services agreement be awarded to AMEC for a Phase II Environmental Investigation of the property. It is anticipated that the Phase II Environmental Investigation will take approximately 10-12 weeks to complete. Fiscal Impact: The estimated cost for the Phase II Investigation is $100,000. There is approximately $90,000 currently available in Account No. 911090 (Feather River Mills Site Development). Staff is requesting a budget transfer in the amount of $20,000 from Account No. 911125 (Redevelopment Project Area Expansion) to Account No. 911090 to provide sufficient funds for the Phase II Environmental Investigation and staff time. Alternatives: Do not award a professional services agreement to AMEC Geomatrix and direct staff to issue a Request for Proposals for the Phase II Environmental Investigation activities. Recommendation: Award a professional services agreement to AMEC Geomatrix of Rancho Cordova, California, for a Phase II Environmental Investigation of the property located at 400 Bridge Street, APN 52-324-023, in an amount not to exceed $100,000 with the finding that it is in the best interest of the City, and approve a budget transfer in the amount of $20,000 from Account Number 911125-65514 (Redevelopment Project Area Expansion) to Account Number 911090-65502 (Feather River Mills Site Development). Prepared by: Submitted by:

/s/ Diana Langley /s/ Steven R. Jepsen

Diana Langley Steven R. Jepsen Principal Engineer City Manager Reviewed by: Department Head GM Finance RB City Attorney TH

CITY OF YUBA CITY

STAFF REPORT

1

Agenda Item 13

Date: November 16, 2010 To: Honorable Mayor & Members of the City Council From: Administration Presentation By: Darin E. Gale, Economic Development Manager

Summary Subject: Economic development incentives agreement with New Earth Market to

reimburse 50% of net new sales tax Recommendation: Adopt a standard agreement between New Earth Market and the City of

Yuba City as an economic incentives for new sales tax reimbursement Fiscal Impact: Approximately $4,500 annually or a total of $22,500 over the five year

agreement

Background:

As part of the City’s economic development work plan, the Council set a goal of growing opportunities for well-paying jobs. In order to increase these opportunities the work plan identified the need to improve the business climate, growth and expansion of existing business and fostering a steady growth of new businesses.

One of the incentives available to local government to encourage business development and growth is to reimburse a business for certain cost and fess related to the opening and operating of a business, that are required for the initial development of a project. This type of sales tax reimbursement is used in other Cities and has been used successfully to improve their competitiveness and economic vitality. Analysis:

New Earth Market is a natural food store currently under construction on the corner of Butte House and Tharp Road. The store is owned, operated, financed and constructed locally. The store also plans to feature as many locally grown produce and products.

Locally owned and operated businesses provide a high economic return to our City as their profit and revenues return directly back into our community’s economy. As currently planned, New Earth Market will hire approximately 45 full time or full time equivalent positions with a direct impact of over $2.5 million in local annual salaries. Using a conservative multiplier of 2, the economic impact of New Earth Market’s salaries alone could be over $5 million annually.

New Earth Market provided the City with a market analysis which showed approximately $900,000 in annual sales leakage of taxable goods from a natural food market. In addition the City’s retail market analysis completed in February 2010 showed an unmet demand in specialty food and noted it as a targeted business opportunity.

New Earth Market is projecting to generate $1.5 million in annually taxable sales and generate about $15,000 in annual sales tax to the City. It is estimated 60% or $900,000 of this sales tax revenue will be new tax revenue to the City and will be the basis for this agreement

In order to encourage the development of New Earth Market, we propose a sales tax reimbursement agreement to include the following:

Reimbursements will be paid annually based upon 50% of new sales tax generation Agreement will be for five years Applicable Development Impact Fees paid,$220,514.44 Estimated reimbursement of $22,500 paid over 5 years

Fiscal Impact:

Estimated reimbursement of $22,500 paid over the 5 year life of the agreement from the general fund Alternatives:

1. Amend the agreement to increase the percentage of reimbursable sales tax revenue

2. Do not approve the attached sales tax agreement Recommendation:

Adopt a standard agreement between New Earth Market and the City of Yuba City as an economic incentive for new sales tax reimbursement Prepared By: Submitted By:

/s/ Darin E. Gale /s/ Steven R. Jepsen

Darin E. Gale Steven R. Jepsen Economic Development Manager City Manager Reviewed By: Finance RB

City Attorney TH

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SALES TAX REIMBURSEMENT AGREEMENT

between CITY OF YUBA CITY and

NEW EARTH PROPERTY LLC and NEW EARTH MARKET LP

October 1, 2010

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SALES TAX REIMBURSEMENT AGREEMENT

between CITY OF YUBA CITY and

NEW EARTH PROPERTY LLC and NEW EARTH MARKET LP

THIS AGREEMENT FOR SALES TAX REIMBURSEMENT (the “Agreement) is

made and entered into as of the 16st day of November, 2010 by and between New

Earth Property LLC, a California Limited Liability Corporation and New Earth Market LP,

A California Limited Partnership (“Business”), and the CITY OF YUBA CITY, a

California municipal corporation under the laws of the State of California (“City”).

RECITALS:

This Agreement is entered into on the basis of the following facts,

understandings and intentions of the parties:

A. Business intends to construct and operate a natural foods market (the

“Project”) on the property which is located at 1475 Tharp Rd., Yuba City CA, 95993,

Assessor Parcel Number 59-010-126. Business intends to construct the necessary

facilities to open and operate a “new” natural foods business that does not currently

have operations in the City of Yuba City.

B. Business intends to be responsible for construction of improvements as

provided for in the “site plan approval”. The estimate of the total cost for the installation

and construction of the improvements has been reviewed and confirmed by the City

Engineer in accordance with applicable City ordinances and codes. Business intends to

be responsible for the development impact fees, building permit fees, and planning

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entitlement fees associated with the improvement necessary to begin operations at this

location.

C. The City Council adopted an Economic Development Work Plan, in order to

achieve explicit economic development goals, the City Council has the discretion to

provide economic incentives for all or part of new and expanding commercial or

industrial development’s share of public infrastructure improvements or development

impact fees (DIF), for projects that make a significant contribution to the economic base

of the community.

D. In consideration of the foregoing circumstances, City has agreed to reimburse

Business for certain costs and fees (collectively the “City Reimbursement”) related to

opening and operating of the business, that are required for the initial development of

the Project. City has estimated that the total fees of the Project, are estimated at

approximately $325,843.71 (three hundred twenty five thousand eight hundred forty

three dollars and 71 cents) with the DIF portion representing $220,415.44 (two hundred

twenty thousand four hundred fifteen dollars and 44 cents). The City has determined

that its reimbursement to Business for DIF will not exceed $220,415.44 (two hundred

twenty thousand four hundred fifteen dollars and 44 cents).

E. City’s willingness to agree to make the City Reimbursement to Business is

conditioned on Business actually constructing, opening, and operating Project for a

prescribed period of time in order to provide for the generation of sales tax revenue for

the City (“Project Sales Tax Revenue”).

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F. In order to effectuate the foregoing, the parties desire to enter into this

Agreement.

NOW THEREFORE, IN CONSIDERATION of the foregoing Recitals, and the

mutual covenants and promises of the parties contained in this Agreement, the parties

agree as follows:

1. The Parties represent and warrant that the recitals state above, as applicable

to them respectively, are accurate and are hereby incorporated as part of this

Agreement.

2. City Reimbursement. City has estimated that the total DIF, as shown in

Exhibit A, are estimated to be approximately $220,415.44. The maximum amount of the

City Reimbursement to Business hereunder will not exceed $220,415.44 (specific to the

DIF paid by Business). In no event shall City’s obligation to reimburse Business exceed

Business’s actual DIF or $220,415.44 whichever is less. City’s reimbursement is

subject to an annual allocation of funds.

3. Conditions of Reimbursement by City. City shall have no obligation to make

the City Reimbursement for all or any portion of the City financial contribution until all of

the following conditions have been fulfilled to the City’s reasonable satisfaction. All

such conditions are solely for the benefit of the City.

3.1 Building Permits. Business has obtained all building permits

necessary for construction of the Project as approved by City.

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3.2 Improvements Constructed. All required improvements necessary for

the opening of Project have been constructed and accepted by City.

3.3 Fees Paid. All required development impact, building permit, and

planning entitlement fees have been paid.

3.4 Failure to Meet Conditions. The conditions precedent under this

Section 3 above shall be fulfilled prior to date of operations, subject to applicable

provisions of this Agreement. If for any reason any of the conditions precedent under

this Section have not been fulfilled by such date, then this Agreement shall

automatically terminate and be of no further force or effect and the parties shall have no

obligations under this Agreement.

4. Business Operating Covenant. Business shall use all reasonable efforts to

obtain all permits and approvals from City and any other governmental agency having

jurisdiction required to commence construction of Project. Promptly after procuring

such permits and approval, Business shall commence and thereafter substantially

complete construction of the Project and open for business.

4.1 Operating Requirement. Business shall open for business no later

than June 1, 2011. Upon opening for business as described herein, business shall

thereafter continuously operate for such hours of operation as are customary and usual

for similar type businesses.

4.2 Term of Agreement. The term of Businesses obligation to operate

pursuant to this Section shall commence on the date such Business first opens for

business and shall expire five (5) years after the opening date.

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5. Reimbursement by City. The rate of the City Reimbursement shall be based

upon the new sales tax revenue generated by Business and paid to the City as defined

in section 5.3. Business shall be eligible for reimbursement, so long as Business has

shown to City proof of payment of all accrued and owing property taxes, special taxes,

and any assessments levied by the County of Sutter Assessor. In the years that qualify,

City shall be obligated to reimburse Business in an estimated amount not to exceed the

annual percentage as established in the incentive program and as specified in Section

5.3 of this agreement.

5.1 Calculation of Base Sales Tax Amount. To participate in the Sales

Tax Reimbursement Program, the new business must generate a minimum of $10,000

in gross annual sales tax beginning within the first year of operation of the business.

The first year of operation begins when the business license is issued by the City and is

complete when four quarters of sales tax generation has been reported by the State.

After the first year of operation, the City of Yuba City will rebate back to the business a

portion of the sales tax generated by the Business (for only the “Cities portion” of the

State sales tax – estimated at 1%) for a total of five years not to exceed the amount of

DIF paid by the Business.

5.2 Calculation of Sales Tax Revenues. City shall determine the total

sales tax revenues generated from the operation of Project during the prior calendar

year and actually paid or payable to City for such calendar year based on the data

provided by the State Board of Equalization (”SBOE”) to City. Such determination as

between City and Business shall be conclusive and binding on City and Business

except that either party shall have the right to contest the sales tax data provided by

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SBOE in accordance with the procedures available under applicable law, and if any final

decision in such contest results in a recalculation of such data, then the parties shall

make such adjustments in the amounts credited pursuant to this Section as are

necessary to reflect the final determination. Payment shall be made to Business no

later than June 30th.

5.3 Calculations of Current Year Reimbursement. In each current

calendar year City Reimbursement shall be calculated as follows and referred to as

“Current Year Reimbursement”

Year in Program Percentage of Sales Tax Dollars Reimbursed

1 50% of Cities portion of net new State sales tax





a. “Net New Sales Tax” shall mean 30% of the “Cities portion” of

the actual prior calendar year sales tax received by City from SBOE as calculated in

Section 5.2 The business market analysis provide by the Business estimated the

Business would generate net new sales tax at a 60% ratio, with 40% of sales revenue

coming from a redistribution of existing local sales. The City agrees to pay business

50% of estimated net new sales tax revenues.

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6. Maintenance of Books and Records and Sales Tax Reports. Business shall

maintain complete and adequate books and records in accordance with its normal and

customary accounting practices consistently applied of all sales made by Business and

all the sales taxes paid with respect to such sales. Such books and records shall

include all reports required to be filed by Business with Federal, State and local

governmental agencies having jurisdiction for purposes of reporting sales upon which

sales taxes are imposed, and payment of such sales taxes. Such books and records

shall be maintained in such form and content so as to permit the inspection and

property audit thereof by City pursuant to this Section, and shall at all times be held and

made available, upon reasonable request, at the offices of Business in Yuba City,

California for a period of at least five (5) years after the end of each calendar year to

which they pertain for purposed of calculation of the reimbursement amount pursuant to

this Agreement. City and its designated representatives, including attorneys and

auditors, shall have the right to inspect and audit such books and records upon

reasonable notice to Business in order to verify the sales and sales taxes made and

paid by Business as reported to City. In the event that such inspection or audit shows

that the amount of sales taxes reported has been understated or overstated, City and

Business shall make such adjustments in the amounts calculated for the reimbursement

payment to reflect the under or over statement. In the event that Business has

intentionally overstated sales tax by more than five percent (5%), such overstatement

shall constitute an Event of Default pursuant to this Agreement.

7. Redetermination of Sales Tax by California State Board of Equalization. In

the event that at any time, without limitation, the State Board of Equalization (SBOE)

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makes a redetermination of the sales taxes generated by the Business (subject to

contest by City or Business), then promptly after the SBOE make such redetermination

City shall make such adjustments in the amount credited as are necessary to reflect the

under- or overstatement of sales tax revenues as to the portion of which was paid or

payable to City based on such redetermination. In the event such redetermination

shows an intentional overstatement by Business of sales taxes by more than 5% such

overstatement shall constitute an Event of Default by Business pursuant to Section 8

below.

8. Events of Default: Remedies. Subject to applicable provisions of this

Agreement, any of the following shall constitute an “Event of Default” by Business under

this Agreement:

8.1 Failure to Operate. The failure of Business to open and operate

Project in accordance with Sections 4 and 6 is an Event of Default under this

Agreement.

8.2 Failure to Pay Taxes. Failure to pay accrued and owing property

taxes, special taxes, or any assessment levied by the County of Sutter Assessor in any

calendar year shall constitute an event of default.

8.3 Other Events. Event of Default means an event which is a material

breach or which this Agreement specifies as an Event of Default by Business. Upon the

occurrence of an Event of Default, City shall have the right to pursue any and all

remedies available at law or in equity, including termination of the Sales Tax

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Reimbursement incentive under this Agreement, but City shall not have the remedy of

recovering City Reimbursement payments for past years.

8.4 Default. The failure of a party to perform any material term or

provisions of this Agreement shall not constitute a “Event of Default” under this

Agreement unless (a) such defaulting party does not cure such failure within thirty (30)

days written notice from the other party, where such failure is of a nature that can be

cured within such 30 day period, or (b) such failure is not of a nature that can be cured

within such 30 days period, the defaulting party does not within such 30 day period

commence substantial efforts to cure such failure, or thereafter does not within a

reasonable time diligently prosecute to completion the cure of such failure. In the event

of a default under this Agreement, the non-defaulting party may pursue one or more of

the following course of action, after the expiration of the cure period: (a) waive the

default; (b) pursue any and all remedies available at law or in equity (c) terminate this

Agreement.

9. Business Warranty and Representation. Business warrants and represents to

City as of date of this Agreement that (i) Business has the full power and authority and

has obtained all necessary consents to enter into this Agreement; (ii) Business has the

full power and authority to perform all of its obligations under this Agreement; (iii) the

persons executing this Agreement on behalf of Business have full power and authority

to do so in accordance with the foregoing; and (iv) no litigation, proceeding

(administrative or otherwise), order, or judgment is pending or outstanding against or

affects Business and Business’s ability to perform under this Agreement. Any breach

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by Business of its warranties and representations made in this Section shall constitute

an Event of Default.

10. Notices. The address of each party for the purpose of all notices permitted

or required by the Agreement follows:

To City: City of Yuba City 1201 Civic Center Blvd Yuba City, CA 95993

Attention: Economic Development Manager With a Copy to : City Attorney

City of Yuba City 1201 Civic Center Blvd Yuba City, CA 95993

To Business: New Earth Property LLC and New Earth Market LP

PO Bo 3033 Yuba City, CA 95992

The written address of either party set forth above may be changed by written

notice given not less than five (5) days prior to the date such change is to be in effect.

All notices under this Agreement shall be in writing, shall be properly addressed and

shall be sent by personal delivery, United States mail (registered, certified, or Express

Mail, return receipt requested and postage prepaid), or by overnight courier delivery

service. All such notices shall be considered delivered: (i) if personally delivered, on the

date of the delivery; (ii) if sent by United States mail in the manner prescribed above, on

the date shown on the return receipt for acceptance or rejection; or (iii) if sent by

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overnight courier delivery service, on the date of delivery or attempted delivery as

shown by the written delivery record of such service.

11. Entire Agreement; Amendment. This Agreement, together with the

Exhibits referenced herein, contains all the representations and the entire

understanding between the parties with respect to the subject matter contained herein.

Any prior correspondence, memoranda or agreement are replaced in total by this

Agreement and the Exhibits thereto. This Agreement may be amended only by a

written agreement so specifying, and executed by both parties.

12. Construction and Interpretation. This Agreement has been fully

negotiated at arms’ length between the parties, after advice by counsel and other

representatives chosen independently by each party, and the parties are fully informed

with respect thereto. Therefore, no party shall be deemed the author of this Agreement,

and the provisions of this Agreement and Exhibits thereto shall be construed as a whole

according to their common meaning and not strictly for or against any party. The

captions preceding the text of each Section and subsection are included for

convenience of reference only and shall be disregarded in the construction and

interpretation of this Agreement. Use in this Agreement of the words “including” or

“such as” or words of similar import, when following any general term, statement or

matter, shall not be construed to limit such statement, term or matter to the specific

items or matter, whether or not language of non-limitation such as “without limitation” or

“but not limited to” or words of similar import, are used with reference thereto, but rather

shall refer to all other terms or matters that could reasonably fall within the broadest

possible scope of such statement, term or matter. Unless otherwise stated, all

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references to “Sections” and Exhibits” are references to the Sections and Exhibits of this

Agreement.

13. Exhibits. The following Exhibits, to which reference is made in this

Agreement, are deemed incorporated into this Agreement in their entirety:

Exhibit A Preliminary Development Fee Estimate

Exhibit B Project property description

14. No City Responsibility. The responsibility of City for reimbursement of any

amount to Business under this Agreement is limited exclusively and solely to the City’s

financial contribution payable to Business pursuant to the terms and conditions of this

Agreement. Specifically, but without limiting the generality of the foregoing, the

provisions of this Agreement are for the exclusive benefit of the parties and not for the

benefit of any third persons or entity, this Agreement does not confer any rights,

express or implied, upon any such third person or entity, and not of the terms or

provisions of this Agreement create a partnership between or among the parties, or

constitute the parties as joint ventures or members of any joint enterprise. Business

specifically assumes the obligation to ensure that payment its cost and expenses which

is incurred in the installation and construction of the Public Improvements,

notwithstanding any reimbursement by City.

15. Compliance with Law. Business shall comply with all applicable laws,

ordinances, rules and regulations applicable to the installation and construction of

improvements comprised in Project as they may apply to Business.

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16. No Liability of City Officials and Employees. No member, official, or

employee of the City shall be personally liable to Business in the event of any default by

City under this Agreement or for any amount which may become due to Business, or for

any obligation under this Agreement. Business hereby waives and releases any claim it

may have against the members, officials or employees of City with respect to any

default by City under this Agreement, but does not waive any of City’s obligations under

this Agreement or for any amount which may become due to Business, or for any

obligations under this Agreement.

17. Governing Law. This Agreement shall be construed and enforced in

accordance with the laws of the State of California and any action shall be filed in Sutter

County.

18. Severability. If any term, provision, condition or covenant of this Agreement,

or its application to either party or any circumstances, shall be held, to any extent,

invalid or unenforceable, the remainder of this Agreement, or the application of the term,

provision, condition or covenant to persons or circumstances other than those as to

whom or which is held invalid or unenforceable, shall not be affected, and shall be valid

and enforceable to the fullest extent permitted by law, unless enforcement of this

Agreement as so invalidated or unenforceable would be unreasonable or grossly

inequitable under all the circumstances, or would frustrate the purposes of this

Agreement.

The parties have executed this Agreement as set forth below.

BUSINESS:

By:______________________________

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Title:_____________________________

Dated:_______________ Signature must be notarized.

CITY: CITY OF YUBA CITY, a municipal corporation

By:______________________________

Title:_____________________________

Dated:_______________

Attest: Approved as to form:

______________________________ _________________________________

City Clerk City Attorney


Agenda Item 14 1

Date: November 16, 2010

To: Honorable Mayor & Members of the City Council

From: City Treasurer

Presentation By: Steven C. Kroeger, Assistant City Manager/City Treasurer

Summary

Subject: Presentation of Treasurer’s Report – Quarter Ended September 30, 2010

Recommendation: Note & File Quarterly Treasurer’s Report

Fiscal Impact: Informational item only

Background:

In accordance with the City’s adopted Investment Policies, staff has prepared the attached investment report for City Council review for the previous quarter (July, August, & September).

Analysis:

Portfolio Highlights:

As of September 30, 2010, the City's overall investment portfolio (estimated market value) totaled $80,300,644, a decrease of $5,033,825 since the previous quarter.

Notable transactions during the quarter that affected cash flows included: 1) The seasonal increase in Public Works Capital Improvement Projects; and 2) Annual Debt Service payments on various bond issues.

The Portfolio shows a “paper gain” of $776,100 as of September 30th. This represents the amount of money that the City would gain if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains might not be realized if the investments are held until maturity (which is the City’s general investment strategy).

The City’s cash flow needs will be met by the roughly $16.8 million as of September 30th (approximately 24.4% of the “City Held Investments” portfolio value) that is currently invested in LAIF, CAMP, Umpqua and in the City’s Wells Fargo account, which are wholly liquid.

Outlook: November’s election results and the reaction in Washington will dictate strategy going forward. It is expected that fiscal policy will turn more conservative and further stimulus spending will be limited. State and local spending and its contribution to growth will depend upon the willingness of Washington policymakers to continue to support spending below the federal level.

Some economic forecasters expect to have positive employment reports by mid-2011 along with rising personal income. Employment and income gains, as well as continued low-mortgage rates, are expected to support the housing market, including new residential construction. Commercial real estate is not expected to recover soon as there remains high vacancy rates and limited risk taking.

2

Investment Overview: The City’s Investment portfolio continues to remain safe and stable. Staff remains very comfortable with the investments held in Yuba City’s portfolio. As always, our three primary objectives for the City’s portfolio are safety, liquidity and then yield. With this in mind, staff continues to conservatively look for opportunities in today’s stressed marketplace while remaining focused on our primary objectives.

Summary:

The City’s overall portfolio returns are consistent with current market conditions. The portfolio’s earnings are within the expectations contained in the adopted budget. Each investment continues to be in compliance with State law and the City’s formal Investment Policies.

Fiscal Impact:

Informational Item only.

Recommendation:

Staff recommends that Council note and file the Quarterly Treasurer’s Report for the period ending September 30, 2010. Prepared By: Submitted By:

/s/ Terrel Locke /s/ Steve Kroeger Terrel Locke Steven C. Kroeger Analyst City Treasurer Reviewed By: City Manager SRJ

Finance RB

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City ofTreasure

Investm

Septem

f Yuba er’s Quament Re

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2010

City of Yuba City Treasurer’s Report September 30, 2010

- 1 -

Balance Balance ActivityAccount Types 6/30/2010 9/30/2010 Jul-Aug-Sep

City Held Investments Local Agency Investment Fund 9,671,620$ 5,683,185$ (3,988,435)$ California Asset Management Program 101,917 101,993 76 Umpqua Bank Public Funds Money Market 9,349,416 9,363,850 14,434 Cash/Money Market 1,439,355 1,653,975 214,620 Federal Agency Securities 38,934,173 35,108,728 (3,825,445) US Treasuries 8,730,867 7,866,617 (864,250) Corporate Bonds 3,661,964 7,582,398 3,920,434 Municipal Bonds 1,037,472 1,076,868 39,396 City-held Assessment Districts 326,075 326,075 0

Total City Held Investments 73,252,859$ 68,763,689$ (4,489,170)$

Trustee Held Investments Wastewater Revenue Certificates - 2000 31,841$ -$ (31,841)$ Buttes Vista AD - 2000 148,891 89,248 (59,643) Water Revenue Certificates - 2001 374,083 374,602 519 Wastewater Revenue Certificates - 2002 1,014,738 1,021,020 6,282 Buttes Vista AD - 2002 138,026 81,226 (56,800) Tierra Buena AD - 2003 381,055 226,420 (154,635) RDA Tax Allocation Series A - 2004 1,153,166 1,127,882 (25,284) Housing Set Aside Series B - 2004 610,512 613,697 3,185 Sunsweet Blvd CFD - 2004 296,621 219,435 (77,186) Water Revenue Certificates - 2005 1,512,439 1,513,327 888 Gauche Park COP - 2006 781,985 791,676 9,691 RDA Tax Allocation 2007 5,638,253 5,478,422 (159,831)

Total Trustee Held Investments 12,081,610$ 11,536,955$ (544,655)$

Total 85,334,469$ 80,300,644$ (5,033,825)$

Investment Summary

City of Yuba City Treasurer’s Report September 30, 2010

- 2 -

The following table provides a comparison of the portfolio for the quarter ended September 30, 2010, and the previous quarters ended December 2009, March and June 2010.

Portfolio Comparison

12/31/09 03/31/10 06/30/10 09/30/10

Cost Basis $85,203,672 $86,887,203 $84,418,968 $79,524,542

Estimated Market Value 86,276,917 87,743,431 85,334,469 80,300,642

Unrealized Gains/(Losses) (1) 1,073,245 856,228 915,501 776,100

Weighted Average Yield to Maturity at Market

2.55% 2.34% 2.29 % 2.24%

Weighted Average Years: Maturity of City Held Funds

1.583 years 1.509 years 1.575 years 1.786 years

Weighted Average Years: Maturity of Trustee Funds

9.702 years 10.013 years 10.103 years 10.526 years

Liquidity 22.8% 30.4% 28.1% 24.4%

CPI (Annualized) 2.70% 2.3% 1.1% 1.1%

LAIF Interest Rate 0.569% 0.547% 0.528% 0.500%

CAMP Interest Rate 0.250% 0.170% 0.240% 0.270%

Umpqua Bank Public Funds Money Market Interest Rate

0.680% 0.640% 0.630% 0.610%

Note: (1) This represents the amount of money that the City would gain if it were to liquidate its entire portfolio at the end of the reporting period.

However, such gains might not be realized if the investments are held until maturity (which is the City’s historical investment strategy).

Co

City Held ADistr0.5

Umpqua Fu13

Ma

Municipal B1.6%

orporate Bonds11.0%

Assessment ricts5%

Bank Public unds3.6%

California Asset anagement Progra

0.1%

Local Agency Fun8.3%

US T

Bonds

am

Investment d%

Comp

Treasury Notes11.4%

Cas

position of

- 3 -

sh/Money Market2.4%

f City Held

City of Yu

Federal Farm C8.2%

t

Investmen

uba City TrSep

Cr Banks

Federal H11

Fe

nts

reasurer’s ptember 3

ome Ln Mtg1.7%

ederal Home Loan11.6%

Federal Natl M19.6%

Report 30, 2010

n Bank

Mtg Assn%

In M

illions

30.4%

$‐

$5

$10

$15

$20

$25

$30

$35

$40

0

24.4%

0‐1 Day

City

28.1%

7.1%

0‐6 Month

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estment Po

/31/10

5.6%

- 4 -

14.0%

12 Months

ortfolio Ma

06/30/10

11.5%

City of Yu

46.7%

1‐3 Year

aturity Dis

09/30/1

48.8%

uba City TrSep

7.1%

42.2%

rs

stribution

0

%

reasurer’s ptember 3

%

13.7%

3+ Years

4.9%

Report 30, 2010

City of Yuba City Monthly Investment Statement

City Held Investments(Listed in Order of Maturity Date)

Maturity Coupon Yield Estimated UnrealizedNo. Description of Security Broker Date Rate to Maturity Cost Basis Market Value Gain/(Loss)

1 Local Agency Investment Fund (LAIF) State Treasurer Daily 0.500% 0.500% 5,683,185$ 5,683,185$ -$

2 Calif. Asset Management Program (CAMP) CAMP Daily 0.270% 0.270% 101,993 101,993 -

3 Wells Fargo Money Market & Checking Accts. Wells Fargo Daily (Sweep) 0.024% 0.024% 416,773 416,773 -

4 Umpqua Bank Public Funds Money Market Umpqua Daily 0.610% 0.610% 9,363,850 9,363,850 -

5 Highmark Money Market Union Bank Daily 0.050% 0.050% 1,237,202 1,237,202 -

6 General Electric CAP Corp Notes HSBC 10/21/10 4.875% 4.710% 746,198 751,470 5,273

7 Federal Farm Cr Bks Banc of America 12/13/10 4.600% 4.430% 490,010 504,375 14,365

8 Federal Natl Mtg Assn CitiGroup 02/15/11 4.500% 4.310% 601,349 584,344 (17,005)

9 Federal Farm Cr Bks JP Morgan 02/18/11 4.875% 4.660% 1,030,000 1,017,810 (12,190)

10 Federal Home Loan Bank Merrill Lynch 03/11/11 5.000% 4.770% 1,012,040 1,020,000 7,960

11 Federal Natl Mtg Assn Barclays 04/15/11 5.125% 4.850% 1,986,914 1,950,464 (36,450)

12 Fed Home Ln Mtg Corp Notes UBS Financial Svs 04/18/11 5.125% 4.860% 1,010,390 1,026,560 16,170

13 Federal Home Loan Bank Barclays 05/13/11 5.000% 4.740% 500,229 488,656 (11,573)

14 Federal Farm Cr Bks Fundamental Capital 05/19/11 3.150% 3.060% 1,036,220 1,018,130 (18,090)

15 PNC Funding Citigroup 06/22/11 1.875% 1.860% 299,460 303,549 4,089

16 Federal Farm Cr Bks RBC Capital Markets 07/13/11 1.200% 1.200% 999,201 1,005,940 6,739

17 US Treasury Notes Banc of America 07/31/11 1.000% 1.000% 996,953 1,006,050 9,097

18 Wells Fargo & Co Banc of America 08/26/11 5.300% 5.000% 503,400 521,690 18,290

19 Barclay's Bank CD Barclays Capital Inc. 09/02/11 0.900% 0.770% 750,000 750,833 833

20 Federal Home Ln Mtge Banc of America 09/15/11 5.500% 5.120% 1,543,730 1,574,070 30,341

21 US Treasury Notes JP Morgan Chase 10/31/11 4.625% 4.340% 2,329,237 2,275,308 (53,929)

22 General Electric CAP Corp Notes Merrill Lynch 11/15/11 5.000% 4.730% 992,570 1,047,420 54,850

23 US Treasury Notes Banc of America 11/30/11 0.750% 0.830% 998,750 1,005,040 6,290

24 Federal Home Loan Bank CitiGroup 12/28/11 1.000% 1.000% 1,247,525 1,259,375 11,850

25 Federal Natl Mtg Assn Jeffries 01/12/12 0.875% 0.880% 498,215 502,815 4,600

26 Federal Home Ln Mtg Banc of America 01/15/12 5.750% 5.280% 1,027,959 1,067,500 39,541

27 Fed Home Ln Mtg Corp Notes CitiGroup 01/17/12 2.000% 1.970% 1,000,000 1,020,310 20,310

28 Sovereign Bank FDIC Goldman Sachs 01/17/12 2.750% 2.680% 499,525 514,840 15,315

29 US Treasury Notes Mizuho Securities 02/29/12 0.875% 0.940% 998,750 1,007,620 8,870

30 Federal Farm Cr Bks UBS Financial Svs 04/12/12 4.875% 4.530% 498,620 533,440 34,820

31 Federal Home Loan Bank Banc of America 06/08/12 4.875% 4.530% 501,115 536,720 35,605

32 Federal Home Loan Bank KeyBank Capital 06/08/12 4.875% 4.530% 1,012,520 1,073,440 60,920

33 Federal Home Ln Mtg Barclays 06/15/12 1.750% 1.740% 948,938 970,482 21,544

34 Federal Home Loan Bank Barclays 06/20/12 1.875% 1.860% 1,501,545 1,535,160 33,615

35 Federal Natl Mtg Assn Barclays 06/22/12 1.250% 1.220% 1,498,503 1,519,215 20,713

36 Federal Farm Cr Bks Morgan Stanley 08/01/12 5.250% 4.820% 509,924 542,500 32,577

37 Federal Home Loan Bank Banc of America 08/15/12 4.625% 4.300% 509,290 538,125 28,835

38 Federal Natl Mtg Assn Banc of America 08/22/12 1.750% 1.750% 989,640 1,022,810 33,170

39 Federal Home Ln Mtg Mizuho Securities 08/28/12 1.000% 0.730% 502,705 504,540 1,835

40 TIAA Global Mkts Inc. Jeffries 10/10/12 5.125% 1.550% 540,750 541,100 350

September 2010

1 of 4

City of Yuba City Monthly Investment Statement

City Held Investments(Listed in Order of Maturity Date)

Maturity Coupon Yield Estimated UnrealizedNo. Description of Security Broker Date Rate to Maturity Cost Basis Market Value Gain/(Loss)

September 2010

41 New York Life Global CitiGroup 10/16/12 5.250% 1.210% 762,125 760,256 (1,869)

42 US Treasury Notes Deutsche Bank 12/15/12 1.125% 1.140% 1,744,487 1,794,886 50,399

43 Federal Natl Mtg Assn Jeffries 02/11/13 1.000% 2.040% 998,750 1,001,560 2,810

44 Federal Natl Mtg Assn UBS Financial Svs 03/25/13 1.850% 1.880% 999,250 1,005,630 6,380

45 Wachovia Corp Global Wachovia Capital 05/01/13 5.500% 1.710% 824,145 824,393 248

46 JP Morgan & Chase Morgan Stanley 05/01/13 4.750% 1.490% 814,103 813,405 (698)

47 Federal Natl Mtg Assn UBS Financial Svs 06/03/13 1.000% 1.990% 600,000 600,186 186

48 Federal Natl Mtg Assn UBS Financial Svs 06/10/13 1.000% 1.830% 500,000 500,625 625

49 Federal Natl Mtg Assn Goldman Sachs 06/27/13 2.000% 1.860% 662,653 665,570 2,917

50 US Bancorp Notes RBC Capital Markets 09/13/13 1.375% 1.220% 748,905 753,443 4,538

51 Federal Natl Mtg Assn SBC Warburg 09/23/13 1.000% 0.960% 1,251,538 1,255,075 3,538

52 Federal Home Ln Mtg Banc of America 10/28/13 0.880% 0.890% 869,348 874,650 5,303

53 Federal Home Ln Mtg UBS Financial Svs 11/18/13 1.400% 1.340% 1,001,950 1,006,150 4,200

54 Federal Natl Mtg Assn Barclays Capital Inc. 12/11/13 2.875% 2.820% 354,007 371,658 17,651

55 US Treasury Notes CitiGroup 04/30/14 1.875% 2.190% 738,252 777,713 39,461

56 Federal Natl Mtg Assn Chase Securities 08/26/14 1.500% 1.500% 1,250,000 1,255,863 5,863

57 Federal Home Loan Bank UBS Financial Svs 10/15/14 1.500% 1.500% 500,000 500,155 155

58 Federal Natl Mtg Assn UBS Financial Svs 04/29/15 1.550% 3.480% 1,000,000 1,000,940 940

59 Federal Natl Mtg Assn UBS Financial Svs 07/07/15 1.125% 3.070% 1,250,000 1,251,175 1,175

60 Federal Home Ln Mtg Jeffries 09/24/15 1.250% 2.340% 998,750 1,002,710 3,960

61 Yuba City RDA TABs Alamo Capital 09/01/32 5.375% 6.460% 960,000 1,076,868 116,868

62 Marcia Avenue Assessments District City of Yuba City 09/02/12 6.100% 6.100% 16,502 16,502 -

63 East Hillcrest Assessment District City of Yuba City 09/02/16 6.606% 6.606% 37,445 37,445 -

64 Darrough Drive Assessment District City of Yuba City 09/02/24 6.000% 6.000% 126,069 126,069 -

65 Staple/Ashley/Dennis Assessment District City of Yuba City 03/02/30 6.000% 6.000% 146,059 146,059 - U.S. Consumer Price Index (Inflation) September 2010 1.100%

Total City Held Investments 68,069,513$ 68,763,689$ 694,176$

2 of 4

City of Yuba City Treasurer's Report Investments Held by Other Fiscal Agents (1)

Description of Maturity Coupon Yield Estimated Unrealized

No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss)

66 Buttes Vista AD - 2000 Reserve LAIF Daily 0.500% 0.500% 89,248 89,248 -

67 Water Revenue Certificates - 2001 Reserve LAIF Daily 0.500% 0.500% 374,602 374,602 -

68 Wastewater Revenue Certificates - 2002 Reserve Federal Natl Mtg 03/23/11 1.750% 1.750% 1,000,628 1,012,226 11,598

69 Reserve Blackrock T-Fund Daily 0.030% 0.030% 8,794 8,794 -

70 Buttes Vista AD - 2002 Reserve LAIF Daily 0.500% 0.500% 81,226 81,226 -

71 Tierra Buena AD - 2003 Reserve Blackrock T-Fund Daily 0.030% 0.030% 1,290 1,290 -

72 Reserve LAIF Daily 0.500% 0.500% 225,130 225,130 -

73 RDA Tax Allocation Series A - 2004 Reserve Fed Home Ln Mtg 09/01/39 Discount 5.260% 1,098,545 1,112,777 14,232


75 Housing Set-Aside Series B - 2004 Reserve Fed Home Ln Mtg 09/01/39 Discount 5.260% 305,957 308,938 2,982


77 Project Blackrock T-Fund Daily 0.030% 0.030% 901 901 -

78 Project LAIF Daily 0.500% 0.500% 298,855 298,855 -

79 Sunsweet Blvd CFD - 2005 Reserve LAIF Daily 0.500% 0.500% 219,435 219,435 -

80 Water Revenue Certificates - 2005 Reserve Fed Home LN Bnk 06/01/35 Discount 4.630% 1,446,380 1,479,704 33,324

81 Reserve Blackrock T-Fund Daily 0.030% 0.030% 523 523 -

82 Installment Blackrock T-Fund Daily 0.030% 0.030% 33,100 33,100 -

83 Gauche Park COP - 2006 Lease Blackrock T-Fund Daily 0.030% 0.030% 9,613 9,613 -

84 Reserve Federal Natl Mtg 06/01/36 Discount 5.040% 769,139 778,830 9,691

85 Reserve Federal Natl Mtg Daily 0.030% 0.030% 3,233 3,233 -

86 RDA Tax Allocation Bonds - 2007 Reserve Fed Home Ln Mtg 09/01/39 Discount 5.260% 793,742 803,839 10,097

87 Reserve LAIF Daily 0.500% 0.500% 370,455 370,455 -


89 Project Blackrock T-Fund Daily 0.030% 0.030% 915 915 -

90 Project LAIF Daily 0.500% 0.500% 4,292,595 4,292,595 - U.S. Consumer Price Index (Inflation) September 2010 1.100%

Total Non-City Investments 11,455,030$ 11,536,954$ 81,924$

TOTAL CITY & NON-CITY INVESTMENTS 79,524,542$ 80,300,642$ 776,100$

Signed: Date:

Steve Kroeger, City Treasurer

(1) Union Bank of California serves as fiscal agent for all debt issuances except for Fire Station No. 4 which is an agreement between the City and SunTrust Leasing.

September 2010

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

Settlement Maturity Trade Activity Coupon Yield toDescription of Security Broker Date Date Date Type Rate Maturity Cost Basis

Federal Farm Cr Bks Banc of America 03/23/07 06/01/10 07/07/10 Matured 3.350% 3.300% 1,194,900 Federal Home Ln Mtg Banc of America 02/22/10 01/19/12 07/19/10 Full Call 1.250% 1.200% 700,658 Federal Home Loan Bank UBS Financial Svs 11/06/09 08/06/12 08/06/10 Full Call 0.75% 0.75% 1,000,000 Federal Natl Mtg Assn Merrill Lynch 08/22/06 08/11/10 08/11/10 Matured 4.88% 4.77% 495,825 Bank of America SBC Warburg 12/23/08 12/23/10 08/12/10 Sold 1.70% 1.68% 500,000 Federal Natl Mtg Assn SBC Warburg 02/04/08 02/15/11 08/12/10 Sold 4.50% 4.31% 183,019 Federal Home Loan Bank Banc of America 08/20/07 12/10/10 08/12/10 Sold 4.75% 4.57% 344,628 Federal Natl Mtg Assn Credit Suisse 12/12/08 12/11/13 08/23/10 Sold 2.88% 2.82% 1,188,453 US Treasury Notes Deutsche Bank 12/29/09 12/15/12 08/23/10 Sold 1.13% 1.14% 344,955 Federal Natl Mtg Assn Credit Suisse 03/03/10 04/15/13 08/23/10 Sold 1.63% 1.83% 1,248,250 Federal Natl Mtg Assn BNP Paribas Securities 02/04/08 02/15/11 09/02/10 Sold 4.50% 4.31% 784,368 Federal Home Loan Bank Morgan Keegan 12/11/09 12/09/11 09/09/10 Full Call 1.05% 1.06% 1,598,544 Federal Home Ln Mtg UBS Financial 05/17/10 03/15/13 09/15/10 Full Call 1.25% 2.26% 1,001,000 Federal Home Ln Mtg UBS Financial 09/18/07 09/22/10 09/22/10 Matured 4.75% 4.62% 1,004,640

4,388,552$

Federal Natl Mtg Assn UBS Financial 07/08/10 07/07/15 1.125% 3.070% 1,250,000 New York Life Global CitiGroup 07/22/10 10/16/12 5.250% 1.210% 762,125 Federal Home Ln Mtg Mizuho Securities 08/10/10 08/28/12 1.00% 0.73% 502,705 Federal Natl Mtg Assn SBC Warburg 08/12/10 09/23/13 1.00% 0.96% 1,251,538 Federal Home Ln Mtg UBS Financial 08/18/10 11/18/13 1.40% 1.34% 1,001,950 JP Morgan & Chase Morgan Stanley 08/23/10 05/01/13 4.75% 1.49% 814,103 Wachovia Corp Global Wachovia Capital 08/23/10 05/01/13 5.50% 1.71% 824,145 Federal Natl Mtg Assn Chase Securities 08/23/10 08/26/14 1.50% 1.50% 1,250,000 Barclay's Bank CD Barclays Capital 09/02/10 09/02/11 0.90% 0.77% 750,000 US Bancorp Notes RBC Capital 09/09/10 09/13/13 1.38% 1.22% 748,905 Federal Home Ln Mtg Banc of America 09/09/10 10/28/13 0.88% 0.89% 869,348 Federal Home Ln Mtg Jefferies 09/13/10 09/24/15 1.25% 2.34% 998,750

3,367,003$

SALES/REDEMPTIONS

Total Sales/Redemptions

PURCHASES

Total Purchases

Investment ActivitySeptember 2010

aggenda regular meeting city council & re pment …

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