APPENDIX 1
9 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
1 APPENDIX 2
Cost Reimbursement Procedure
1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).
Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.
2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
2 i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
3 vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section VIII.C of the Teva Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Teva a report of the fees and expenses incurred by the Special Master pursuant to Section VIII.C of the Teva Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section
2.c.v below.
ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for 4 its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
4 final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
1 APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Teva Settlement and their counsel.
In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Teva Settlement Agreement.
Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Teva Settlement Agreement and CA Teva Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Teva Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Teva Settlement. [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Teva Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.
The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Teva Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Walgreens Settlement
1. Introduction
Pursuant to the Walgreens Settlement Agreement, dated as of December 9, 2022, and any revision thereto (the “Walgreens Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Walgreens Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Walgreens Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Walgreens Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Walgreens Settlement Agreement, acceptance of this CA Walgreens Allocation Agreement is a requirement to be an Initial Participating Subdivision.
2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Walgreens Settlement Agreement.
b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
2 Pleasant Valley School District Board, and LA Care Health Plan. i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Walgreens Settlement Agreement, as well as applicable law, and the Walgreens Settlement Agreement governs over any inconsistent provision of this CA Walgreens Allocation Agreement. Terms used in this CA Walgreens Allocation Agreement have the same meaning as in the Walgreens Settlement Agreement unless otherwise defined herein.
Pursuant to Section V(D)(1) of the Walgreens Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Walgreens Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,1pursuant to the Walgreens Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Walgreens Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
3 A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Walgreens Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Walgreens Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
4 e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Walgreens Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Walgreens Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
5 ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Walgreens Settlement Agreement or this CA Walgreens Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Walgreens Settlement Agreement or this CA Walgreens Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Walgreens Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(Y), of the Walgreens Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Walgreens Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.
Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Walgreens Settlement Agreement. Further, DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
7 private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Walgreens Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Walgreens.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
8 e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.
6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Walgreens Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Walgreens Settlement Agreement, this CA Walgreens Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Walgreens Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Walgreens Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
9 The undersigned, Yuba City, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Walgreens Settlement is a requirement to be an Initial Participating Subdivision in the Walgreens Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Walgreens Settlement. EXECUTED on /date_1_walgreens/.
Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_walgreens/
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Walgreens Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.
Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.
Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
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100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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APPENDIX 2
Cost Reimbursement Procedure
1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).
Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first.
c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.
2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Walgreens Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Walgreens a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Walgreens Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section
2.c.v below.
ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
1 APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Walgreens Settlement and their counsel.
In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Walgreens Settlement Agreement.
Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Walgreens Settlement Agreement and CA Walgreens Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Walgreens Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Walgreens Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Walgreens Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.
The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Walgreens Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Walmart Settlement
1. Introduction
Pursuant to the Walmart Settlement Agreement, dated as of November 14, 2022, and any revision thereto (the “Walmart Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Walmart Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Walmart Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections VIII or IX of the Walmart Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Walmart Settlement Agreement, acceptance of this CA Walmart Allocation Agreement is a requirement to be a Participating Subdivision.
2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Walmart Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
2 i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Walmart Settlement Agreement, as well as applicable law, and the Walmart Settlement Agreement governs over any inconsistent provision of this CA Walmart Allocation Agreement. Terms used in this CA Walmart Allocation Agreement have the same meaning as in the Walmart Settlement Agreement unless otherwise defined herein.
Pursuant to Section V(D)(1) of the Walmart Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Walmart Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Walmart Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Walmart Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
3 A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Walmart Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Walmart Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
4 e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Walmart Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Walmart Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
5 Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Walmart Settlement Agreement or this CA Walmart Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Walmart Settlement Agreement or this CA Walmart Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Participating Subdivisions. The funds will be used, subject to any limits imposed by the Walmart Settlement Agreement and this CA Walmart Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Walmart Settlement Agreement, and, if applicable, the Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Teva Settlement Agreement, and Walgreens Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(W), of the Walmart Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Walmart Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.
Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
7 counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Walmart Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Walmart Settlement Agreement and this CA Walmart Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Walmart Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Walmart.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
8 e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.
6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Walmart Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Walmart Settlement Agreement, this CA Walmart Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Walmart Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Walmart Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
9 The undersigned, Yuba City, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Walmart Settlement is a requirement to be an Initial Participating Subdivision in the Walmart Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Walmart Settlement. EXECUTED on /date_1_walmart/.
Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_walmart/
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Walmart Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.
Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.
Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
1 of 15
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
2 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
3 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
APPENDIX 1
4 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating Subdivision County Abatement
Percentage
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Allcation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Participating Subdivision County Abatement
Percentage
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Percentage
Weighted
Allcation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Classification
Participating Subdivision County Abatement
Percentage
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Percentage
Weighted
Allcation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Allcation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Allcation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Weighted
Allcation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Percentage
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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Percentage
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Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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APPENDIX 2
Cost Reimbursement Procedure
1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).
Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walmart Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walgreens Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.
2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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part, from funds available under Section IX and Exhibit R of the Walmart Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
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reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Walmart Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Walmart a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Walmart Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section
2.c.v below.
ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Walmart Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walgreens Settlement Agreement be used to pay Costs.
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1 9
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.
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1 APPENDIX 3
CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Walmart Settlement and their counsel.
In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Walmart Settlement Agreement.
Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Walmart Settlement Agreement and CA Walmart Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Walmart Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Walmart Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Walmart Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.
The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Walmart Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 62527754-3392-4CEE-9F2C-36944FE4570D
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: April 4, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager, Brynda Stranix, YSEDC District Director Summary
Subject: Yuba-Sutter Economic Development Corporation
2022 CEDS Annual Performance Evaluation and CEDS Appendices I, IV, and V updates
Recommendation: Adopt a Resolution approving the 2022 Comprehensive Economic Development Annual Performance Report and the updated Appendices I, IV, and V as prepared by the Yuba-Sutter Economic Development Corporation and authorize its submittal to the United States Department of Commerce, Economic Development Administration
Fiscal Impact: None
Purpose:
To receive the 2022 Comprehensive Economic Development Strategy (CEDS) Annual Performance and Evaluation, and discuss the 2022 CEDS Annual Performance and Evaluation.
Council's Strategic Goal:
This item aligns with the City Council's strategic goal of being business-friendly.
Background:
This Comprehensive Economic Development Strategy (CEDS) is the result of a local planning process designed to guide the economic growth of the Yuba-Sutter region. The CEDS process helps create jobs, foster a more stable and diverse economy, and improve living conditions. It provides a mechanism for coordinating the efforts of individuals, organizations, local governments, and private industry concerned with economic development.
An annual CEDS Performance Report is required to qualify for U.S. Department of Commerce, Economic Development Administration (EDA) assistance under its public works, economic adjustment, and most planning programs.
This evaluation document represents the goals and objectives of the Yuba-Sutter Economic Development District which is comprised of Yuba and Sutter Counties and the cities of Marysville, Live Oak, Wheatland and Yuba City.
Analysis:
The CEDS process is a continuing economic development planning process, developed with broadbased and diverse community participation. Included in the packet is the CEDS 2022 Annual Performance Report and updates to Appendices I, IV, and V:
• Listing of CEDS Committee Members and Staff
• Adjustment to the Strategy and comparative review of regional performance in labor force, unemployment, per capita personal income, average wages, number of establishments and gross domestic product.
• A performance metrics comparison 2021 versus 2022 in employment/workforce, economic performance and education attainment.
• Evaluation of progress on goals and tactics as identified in the CEDS document • A report on economic development activities of YSEDC
• Also provided are the following updates to the following appendices:
1. Appendix I, Data Profiles: An in-depth review on employment, workforce, industry performance, wages and demographics of the Yuba-Sutter region.
2. Appendix IV, Agricultural Economic Profile: Designed to ensure understanding of the impact agriculture has on the region.
3. Appendix V, Public Works Projects: This list of projects identifies needs of the region and reflect the goals of the CEDS.
The 2022 CEDS Annual Performance Report reflects how the specific challenges and opportunities of the Yuba-Sutter Economic Development District were addressed and assesses the state of the regional economy, the opportunities and threats posed by external trends and forces and the progress made toward achieving regional vitality and sustainability.
Data and information for the 2022 CEDS Performance Report was collected from a variety of sources which included a survey to 86 community implementation partners from both public and private sectors, U.S. Census Bureau, U.S. Bureau of Labor Statistics, California Employment Development Department and American Community Survey.
The report shows a positive forward progress to achieving the Yuba-Sutter regional vision to foster a vibrant, prosperous and Growing Yuba—Sutter region through exceptional leadership and involvement of the community.
The 2020-2025 Comprehensive Economic Development Strategy and appendices are available for review at: https://www.ysedc.org/ceds
Fiscal Impact:
None
Alternatives:
Do not approve the Yuba-Sutter Economic Development District 2022 Comprehensive Economic
Development Performance Report and updated Appendices I, IV, and V.
Recommendation:
Adopt a Resolution approving the 2022 Comprehensive Economic Development Annual Performance Report and updated Appendices I, IV, and V as prepared by the Yuba-Sutter Economic Development Corporation and authorize its submittal to the United States Department of Commerce, Economic Development Administration.
Attachments:
1. YSEDC Resolution Approving the 2022 Comprehensive Economic Development Strategy and updates to Appendices I, IV, V
2. 2022 CEDS Performance and Update Report DRAFT FINAL
3. CEDS Appendix I Data Profiles 2023 DRAFT
4. CEDS Appendix IV Agriculture Economic Profile 2023 DRAFT
5. 2023 Appendix V Yuba Sutter Public Works Projects FINAL Prepared By: Submitted By:
Brynda Stranix
YSEDC District Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE 2022 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
ANNUAL PERFORMANCE REPORT AND UPDATES TO APPENDICES I, IV, AND V AS
PREPARED BY THE YUBA-SUTTER ECONOMIC DEVELOPMENT CORPORATION AND
THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
WHEREAS, U.S. Department of Commerce, Economic Development Administration (EDA) requires the preparation and adoption of a Comprehensive Economic Development Strategy (CEDS) by the local Comprehensive Economic Development Strategy Committee to contain public works projects approved by the City of Yuba City, the CEDS Committee, Yuba-Sutter Economic Development District and EDA prior to consideration of federal funding of said public works projects; and
WHEREAS, the CEDS Committee began preparation of the required CEDS Annual Performance Report in December 2022, and approved and adopted said document March 7, 2023; and
WHEREAS, said action also directed the CEDS Annual Performance Report and updates of Appendices I, IV and V of the CEDS document be submitted to the City of Yuba City Council for its review and action;
NOW THEREFORE BE IT RESOLVED, that the City of Yuba City Council, after reviewing said documents, hereby approves the report and authorizes submittal of the CEDS Annual Performance Report and related documents to the Economic Development Administration.
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 April 4, 2023 by the following vote:
AYES:
NOES:
ABSENT:
________________________
Wade Kirchner, Mayor
ATTEST:
______________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_____________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
YUBA-SUTTER ECONOMIC
DEVELOPMENT DISTRICT
2022 CEDS ANNUAL
PERFORMANCE
REPORT
ABSTRACT
The Annual CEDS Performance Report
for 2022 analyzes the Yuba-Sutter
region’s current economic conditions
and serves as an update on the
region’s progress towards reaching
regional goals and objectives. This
report covers a period from January 1,
2022 through December 31, 2022
DRAFT
i
2022 Annual CEDS Performance and Update Report
EDA Investment #22SEA3020024
Introduction
Yuba-Sutter Economic Development Corporation (YSEDC), established in 1994 to support economic development efforts is organized as a nonprofit private corporation governed by a 23-member board of directors. The corporation represents business interests of both public and private sectors within the Yuba City Metropolitan Statistical Area.
The corporation was designated as an Economic Development District (EDD) by the U.S. Department of Commerce, Economic Development Administration (EDA) in 1996. Yuba‐Sutter Economic Development District (YSEDD) is generally synonymous with Yuba‐Sutter Economic Development Corporation (YSEDC).
The district is comprised of the counties of Sutter and Yuba and the cities of Live Oak, Marysville, Wheatland and Yuba City. The region is referred to as the Yuba City Metropolitan Statistical Area (MSA) as defined by U.S. Office of Management and Budget and used by the U.S. Census Bureau and other U.S. government agencies for statistical purposes. The U.S. Department of Commerce Economic Development Administration provides financial assistance to designated districts for the purpose of developing an Economic Development Strategy and provides funding, in part, for community development planning designed to assist in alleviating economic distress and unemployment.
The Comprehensive Economic Development Strategy (CEDS) document is a significant component of remaining a designated EDD. YSEDC updates the region’s CEDS and submits a performance report annually. The CEDS document and appendices can be found on YSEDC’s website:
https://www.ysedc.org/strategy
Yuba-Sutter Economic Development Corporation is pleased to submit its 2022 CEDS Annual Performance Report to the EDA.
DRAFT
ii
Table of Contents
Introduction...........................................................................................................................................................i 2022 Annual Performance Report........................................................................................................................1 CEDS Committee...............................................................................................................................................1 Adjustment to the Strategy ..................................................................................................................................2 Labor Force .......................................................................................................................................................3 Unemployment.................................................................................................................................................3 Per Capita Personal Income..............................................................................................................................4 Average Wages.................................................................................................................................................4 Establishments..................................................................................................................................................5 Gross Domestic Product ...................................................................................................................................5 Performance Measures.........................................................................................................................................6 Performance Metrics........................................................................................................................................6 Evaluation of Progress on Goals and Tactics ........................................................................................................7 Vision ................................................................................................................................................................7 Goals and Accomplishments in 2022....................................................................................................................7 Goal 1 – Create and maintain a competitive region through economic development....................................7 Goal 2 – Develop, retain and attract talent....................................................................................................10 Goal 3 – Improve and modernize infrastructure ............................................................................................12 Goal 4 – Foster overall quality of life and place..............................................................................................23 Economic Disaster, Recovery and Resiliency......................................................................................................29 Report on Economic Development Activities.....................................................................................................30 Schedule of Goals - YSEDC ..................................................................................................................................33 Schedule of Goals - Region
DRAFT .................................................................................................................................33
1 2022 Annual Performance Report
This report analyzes the Yuba-Sutter region’s current economic conditions and serves as an update on the progress toward reaching regional goals and objectives and implementing the region’s plan of action.
CEDS Committee
The CEDS committee completed the process of the five-year update of the CEDS (2020-2025), and it was approved by Department of Commerce Economic Development Administration on August 8, 2020. The 2022-2023 CEDS committee composition consists of the following membersrepresenting both the private and public sectors. There are no changes to the staff or the capacity of the organization to support the development or implementation of the CEDS.
Private Sector
Name Company/Organization Position Interest Group
Mark Birtha Hard Rock Hotel and Casino
Sacramento
CEO Hospitality, Restaurant, Private Individual
Arun Bhardwaj Bank of the West Assistant Vice President Banking/Finance, Community Leader Molly Bloom Sutter County Museum Museum Director/Curator Nonprofit, Arts & Culture Johnny Burke Sutter Yuba Homeless
Consortium
Director Nonprofit, Private Individual
Justine Dutra Y.S. Farm Bureau Executive Director Agriculture, Workforce Development Rachel Farrell Harmony Health CEO Healthcare, Private Individual Chuck Ferguson Wide-Awake Geek Owner Entrepreneur & Startup Bus Development, community workplaces
Johnnise FosterDownsPG&E Public Affairs Utilities, Private Individual Matt Goody UA Local Union 228 Business Manager Union, Private Individual Beth Hammes Local Union 228 Training Coordinator Union, Private Individual Bob Harlan Yuba-Sutter-Colusa United Way Executive Director Nonprofit, Low-income, Poverty, Community Leader
Cathy LeBlanc Camptonville Community
Partnership
Executive Director Nonprofit, Environmental, Community Leader Alyssa Lindman Sutter Buttes Regional Land
Trust
Executive Director Natural Resources, Education, Community Leader, Environmental, Tourism
John Nicoletti Habitat for Humanity Yuba
Sutter
Public Relations Nonprofit, Low-income, Poverty, Community Leader
Joe Pacheco Northrop Grumman BAFB Lead Executive Private sector, Aeronautics David Read Yuba-Sutter Regional Arts
Council
CEO Arts & Culture, Nonprofit, Education
Cynthia Roderick YSEDC/YSEDD Grant Specialist Economic Development, Business Development, Poverty, Unemployment,
Marni Sanders Yuba-Sutter Chamber of
Commerce
CEO Economic Development, Tourism, Business
Assistance and Education, Community Leader
Brynda Stranix YSEDC/YSEDD President/COO Economic Development, Business Development, Poverty, Unemployment, Community Leader
Tim Styczynski Bridge Coffee Co. Owner Retail, Private Individual DRAFT
2 Public Sector
Name Company/Organization Position Interest Group
Gary Arnold Caltrans Associate Transportation
Planner
Government, State
Blaze Baker Beale AFB Installation Management
Flight Chief
Government, Military
Rinky Basi Sutter County One Stop CEO Public, Workforce, Education Jeremy Brown Yuba College Vice President Education, Public Samuel Bunton Yuba County Assistant Director, Public
Works
Government, County
Vincenzo Corazza City of Marysville Planning Dept Government, City Brian Davis Linda County Water District General Manager Government, District Tawny Dotson Yuba College President Education, Public
Rachel Downs Yuba County Project Manager,
Community Development
& Services Agency
Government, County
Jim Goodwin City of Wheatland City Manager Government, City Neal Hay Sutter County Director Development
Services
Government, County
Calvin Hendrix Beale AFB 9
th Civil Engineer
Squadron
Government, Military
Caron Job Yuba County One Stop CEO Government, Education, Workforce Suki Johal Caltrans Associate Transportation
Planner - North Branch
District 3
Government, State
Diana Langley City of Yuba City City Manager Government, City Mike Lee Yuba County Community Development
& Services Agency
Director
Government, County
Creig Marcus Enterprise Rancheria Estom
Yumeka Maidu
Tribal Administrator Native American, workforce, tourism Keith Martin Yuba Sutter Transit CEO Government, District, Transportation Patrick Meagher RD 784 Reclamation District
Manager
Government, District, Flood Control
Ben Moody City of Yuba City Community Development Government, City Kyle Morgado Yuba County TRLIA Operations Manager Government, County, Flood Protection Aaron Palmer City of Live Oak Interim City Manager Government, City Dan Peterson County of Yuba Director of Public Works Government, County, Public Works Sean Powers Yuba County Assistance CAO Government, County Jim Schaad City of Marysville City Manager Government, City Jackie Sillman Yuba Water Agency Community Impact &
Development Officer
Public, Hydro Power, Flood Control
Sean Stapler, Lt.
Col.
Beale AFB Commander, 9th Civil
Engineer Squadron
Government, Military
Adjustment to the Strategy
In 2020, YSEDD/YSEDC completed its five-year update of the Comprehensive Economic Development Strategy.
The process began in February of 2020 and was approved by the Department of Commerce Economic Development Administration in August 2020. A comprehensive community-wide SWOT analysis and survey was DRAFT
3 conducted, analyzed, reviewed and new regional goals and tactics were set or strengthened. Since the completion of the 2020-2025 CEDS five-year update, the Yuba City, CA MSA improved its economic strength ranking by one to now rank 85 out of 384 Metropolitan Statistical Areas. Since 2018, it improved by 96 rankings according to POLICOM, an independent research company that specializes in studying the dynamics of local economies.
Although the COVID-19 pandemic had a major impact to all sectors of the region, both private and public, the region has bounced back for the most part except for three factors which are currently affecting businesses in the region. These factors include workforce, cost of goods and supply chain issues and are reflected in the region’s demographics.
Labor Force
The region's economic activity and well-being is reflected to large degree by the number and types of jobs available. Between December
2021 and December 2022, the
region’s annual labor force
declined from 75,600 to
75,000 which was a 0.13
percent decrease over the
year. Between 2011 and 2021,
the number of individuals
counted as part of the labor
force increased by 600 or 8
percent over the 10 years. The
region has 58.3 percent
participation rate. For
purposes of comparison,
California has 63.9 percent
and the nation has 63.2
percent. The region is
currently experiencing an abundance of jobs but is lacking an experienced/trained workforce to fill these jobs.
Source: State of California Employment Development Department – Labor Market Information Unemployment
The region’s 2022 annual average unemployment rate (6.3 percent) was 171.67 percent higher than the national average (3.67 percent) and 157 percent
higher than the state’s (4.0 percent). Rates
are not seasonally adjusted. Since the Yuba
Sutter Economic Development District was
formed, the gap between the regional and
national annual average unemployment
rate has been closing. In 1996, the annual
average unemployment rate for the region
was 15.3 percent and the national 5.5
percent, a 283 percent difference
compared to the January 2021 rate, (Yuba
City MSA 10.2. vs National 6.8 percent), a
difference of 150 percent.
Source: State of California Employment Development
Department – Labor Market Information & Bureau of Labor Statistics
70000
71000
72000
73000
74000
75000
76000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Regional Labor Force 2011 - 2022
0 2
4 6
8 10
12 14
16 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Region, State, and US Annual
Unemployment Rates 2013-2022
Yuba City MSA California US
DRAFT
4 Per Capita Personal Income
Per capita personal income is widely used as an indicator of economic well-being of the residents in an area.
Changes in these figures provide evidence that regions are becoming more or less wealthy as compared to a national benchmark. It is a measure of all income sources, wages and salaries, asset income and transfer payments divided by total population. In 2021, Yuba City MSA had a per capita personal income (PCPI) of $51,174. This PCPI ranked 255th in the United States and was 79.8
percent of the national average of $64,143. The 2021
PCPI reflected an increase of 6.7 percent from 2020.
The 2020-2021 national change was 7.3 percent. In
2011, the PCPI of Yuba City was $34,080 and ranked
283rd in the United States. The 2011-2021 compound
annual growth rate of PCPI was 4.1 percent. The
compound annual growth rate for the nation
was 4.1 percent.
In 2021, Yuba City MSA had a personal income of $9,338,369*. This personal income ranked 244th in the United States. In 2011, the personal income of Yuba City MSA was $5,708,358* and ranked 249th in the United States. (Source: U.S Department of Commerce Bureau of Economic Analysis). *Personal income estimates are in thousands of dollars, not adjusted for inflation.
Average Wages
The average worker in the Yuba City MSA earned annual average wages of $54,183 as of 2022Q2. Average annual wages per worker increased 5.1 percent in the region over the preceding four quarters. For comparison purposes, national annual average wages were $67,777 for the same period. The lower wages are generally attributed to the fact that the region is predominately rural with the largest industry sectors being Agriculture, Forestry, Fishing and Hunting, and Retail Trade.
Sectors in the Yuba City MSA with the highest
average wages per worker are Management of
Companies and Enterprises ($99,455), Mining,
Quarrying, and Oil and Gas Extraction ($98,229),
and Finance and Insurance ($80,971). Regional
sectors with the best job growth (or most
moderate job losses) over the last 5 years are
Accommodation and Food Services (+1,989
jobs), Health Care and Social Assistance
(+1,108), and Transportation and Warehousing
(+1,020).
Over the next one year, employment in the Yuba
City MSA is projected to expand by 742 jobs. The
fastest growing sector in the region is expected
to be Arts, Entertainment, and Recreation with
a +3.8% year-over-year rate of growth. The
strongest forecast by number of jobs over this period is expected for Health Care and Social Assistance (+199 jobs), Accommodation and Food Services (+148), and Agriculture, Forestry, Fishing and Hunting (+105). (Source: Jobs Eq.
Employment data are derived from the Quarterly Census of Employment and Wages, provided by the Bureau of Labor Statistics, and imputed where necessary.)
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Average Annual Wages
DRAFT
5 Establishments
Establishment counts represent the number of locations with paid employees any time during the year. Growth in the number of establishments can reflect increased tax base and jobs. In 2022Q1, Yuba City MSA had 5,408 establishments, a 2.25 percent increase from 5,289 in 2021Q1. Source: JobsEQ Gross Domestic Product
Gross Domestic Product (GDP) is the total value of goods and services produced by the region. In 2021, Yuba City MSA produced $8,104,050 in current-dollar total GDP* compared to 2020 total GDP of $7,384,911. This GDP ranked 272nd among MSAs. In 2021, real GDP grew 3.8 percent. For purposes of comparison California grew 7.8 percent and the nation grew 6.2 percent.
Industry Composition: Goods- and
services-producing industries and
government comprise total GDP.
Industry statistics reflect the value
of goods and services produced by
each of those industries located in
Yuba City MSA. In 2021, servicesproducing industries produced the largest portion of GDP, while
government and goods-producing
industries produced the second
and third largest portion of GDP,
respectively. Source: BEA
* GDP estimates are in thousands of dollars.
0 1,000
2,000
3,000
4,000
5,000
6,000
2011Q1 2012Q1 2013Q1 2014Q1 2015Q1 2016Q2 2017Q1 2018Q1 2019Q1 2020Q1 2021Q1 2022Q1 Establishments
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
GROSS DOMESTIC PRODUCT
GDP estimates are in thousands of dollars
DRAFT
6 Performance Measures
An evaluation framework serves as a mechanism to gauge progress on the implementation of the overall CEDS. It is a crucial element of the ongoing planning process and should answer the questions “How are we doing?” and “What can we do better?”
The following performance measures help to provide a framework for evaluating if the progress of activities in achieving the vision, goals, and objectives of the CEDS are making a difference in the local economy. The metrics are broad measures of progress. Improvement in the metrics may be attributed to external factors other than causally related to the economic and workforce development efforts underway in the region.
Performance Metrics
1. Wealth Creation Gross Domestic Product (GDP) – Has real GDP increased in the region compared to the previous 12 months?
2. Employment Growth – Has employment increased in the Yuba-Sutter region compared to the previous 12 months?
3. Job Earnings – Has the percentage of job earnings in the region increased compared to the previous 12 months?
4. Poverty Rate – Is the percentage of individuals in the region below the national level?
5. Education – What is the percentage of education attainment as compared to the national level?
6. Unemployment Rate – Has the unemployment rate decreased compared to the previous 12 months? Performance Metrics Comparison 2021 versus 2022
Employment/Workforce - Yuba City MSA
2021 2022 Trend
Employment Growth (Annual) 71,200 70,700 .7%
Labor Force 76,200 75,500 .9%
Unemployment (Annual Not Adjusted) 10.2% 6.07% 4.13%
Annual Wages (Q3) $51,321 $54,183 5.6%
Economic - Yuba City MSA/USA
Yuba City MSA
2021
Yuba City MSA
2022
USA
2022
Trend
Poverty Levels 15.5% 14% 12.8% 9.6%
Median Household Income $58,605 $61,676 $64,994 5.2%
Yuba City MSA
2020
Yuba City MSA
2021
Wealth Creation (Gross Domestic Product)
2020 vs 2021
$7,384,911,000 $8,104,050,000 9.74%
DRAFT
7 Education Attainment - Yuba City MSA/USA
Yuba City MSA
2021
Yuba City MSA
2022
USA
2022
Trend
No High School Diploma 17.7% 19.11% 10.5%
High School Graduate 23.6% 23.68% 25.4%
Some College, No Degree 28.3% 27.1% 20.5%
Associate degree 11.1% 10.86% 9.3%
Bachelor’s Degree 13.4% 13.22% 21.6%
Postgraduate Degree 6% 6.03% 12.7%
Evaluation of Progress on Goals and Tactics
This section presents the vision and goals for the Yuba-Sutter region. It also identifies actions that support the identified pillars and goals for the region. The CEDS will inspire and guide the community, its leaders and the YubaSutter Economic Development District in creating a dynamic region. The strategy focuses on economic resiliency and recovery while building regional diversity, capacity and collaboration resulting in a vibrant and prosperous community.
Vision
To foster a vibrant, prosperous and growing Yuba-Sutter region through exceptional leadership and involvement of the community.
Goals and Accomplishments in 2022
Data for this section was provided by implementation partners for the region by responding to an evaluation questionnaire or providing direct outcomes to YSEDC. The implementation partners represented both public and private sectors.
Goal 1 – Create and maintain a competitive region through economic development
Strengthening existing clusters has the potential to entice similar industries and suppliers to the region’s existing industries in agriculture, healthcare, manufacturing, aerospace and government. The region must coordinate efforts to build, grow and maintain competitive areas of proficiency and innovation to drive the evolution of these existing clusters. Regional development of the clusters will have considerable employment ripple effects and improve the wage and tax base.
Implementation Partners: Yuba-Sutter Economic Development Corporation (YSEDC); Sutter and Yuba Counties; Cities of Live Oak, Marysville, Wheatland and Yuba City; Yuba-Sutter Chamber of Commerce; Sutter and Yuba One Stops; and Yuba College.
Tactic 1 – Attract more industries to the region: Both Yuba and Sutter counties worked diligently to improve the region to attract more industries by continuing to develop infrastructure projects. In 2022, there were 38 project inquiries for the region which had the potential private investment of $2.248 billion and the creation of over 5,028 jobs. Unfortunately, the region was unable to site all but one, which is still under discussion.
The two counties have continued support of their largest employers, Beale Air Force Base and agriculture. The pandemic, on-going drought conditions, and supply chain issues did adversely affect agriculture and agriculturebased tourism. However, Yuba County’s agriculture’s 2021 gross value increased by 29 percent from the 2020 values and Sutter County increased approximately 9.2 percent.
DRAFT
8 In 2019, Beale Air Force Base created 1,734 jobs, with an annual average salary of $48,471. However, once the current continuing resolution expires, the National Defense Authorization Act (NDAA) will direct formal divestiture of Beale’s Global Hawk program, with funding for that divestiture to commence. In the meantime, the Air Force is reducing its footprint of Global Hawk pilots at Beale and is looking at losing an additional 31 employees (and their families) through the summer reassignment cycle. The region must continue to support and enhance base/community engagements to support Beale Air Force Base and its missions. In 2022, Beale Air Force Base completed 4 of the 24 construction/renovations projects listed in Appendix V of the CEDS. These projects represented at minimum $29 million in Federal Funds out of $426 million designated to the projects.
Sutter County Superintendent of Schools announced the new Cosmetology School will be open to students beginning in February 2023 aligning with their vision of creating opportunities for students outside of a two or four-year university experience.
Yuba County continues to partner with Olivehurst Public Utility District (OPUD), Linda Water District, City of Wheatland, Hard Rock Hotel and Casino Sacramento at Fire Mountain and Enterprise Rancheria to expand water and wastewater lines for its employment corridor (East side of Highway 65 between Rancho Road and South Beale Road) and the Sports and Entertainment Zone (West side of Highway 65 between Rancho Road and South Beale Road). All parties are in final stages of submitting funding request for the expansion of water and wastewater line.
The expansion has already generated several inquiries from a diverse range of businesses.
Tactic 2 – Boost Entrepreneurial Development: There were 87 inquiries for business financial assistance of which 12 were for start-ups. Most of these businesses were not ready and were referred to Ken Freeman Consulting Services, Small Business Development Center, or Small Business Administration for start-up assistance such as business basics and planning. YSEDC applied for and received $210,000 in funding from the California Wellness Foundation to further enhance its business assistance programs and began implementation in January 2022. In 2022, YSEDC referred 46 businesses for this business assistance and 25 accepted assistance, 2 startups opened and currently employ 7 fulltime employees and 10 businesses are still in development process. In addition, YSEDC offered QuickBooks Online training to 6 businesses with 4 completing the training and 2 receiving a one-year online scholarship. YSEDC also partnered with Wide Awake Geek (WAG) which provided 15 new entrepreneurs and startups the process of starting a business and 4 annual small desk scholarships. WAG, in partnership with Yuba College, initiated an inaugural Yuba-Sutter Maker Faire to celebrate creativity and provide a networking venue for creatives and innovators to show their craft and share their passion.
Tactic 3 – Maintain, Promote and Expand Regional Businesses: The Yuba-Sutter Business Consortium, a committee of YSEDC, conducted a business outreach walk in November 2022 in Yuba City’s Garden Highway Industrial Area. The purpose of the walk was to determine current health and needs of businesses in the survey area. Of those surveyed, 56 percent reported their business was up, 25 percent were down, and 12.5 percent were steady or fluctuated between up and down. The businesses surveyed reported their greatest challenge was workforce and related issues, followed by rising cost of goods and supply chain issues, and thirdly by business marketing challenges. The most requested business resource was assistance in addressing the issue of lack of qualified workforce and assistance with hiring, training, and vetting.
YSEDC in partnership with Sutter County and Yuba County, implemented a Micro Business Grant Relief program.
This program is funded by California Office of the Small Business Advocate (CalOSBA) and its purpose is to provide relief to very small businesses with gross revenues under $50,000. There were 73 microbusinesses funded a total of $180,000. Awards were $2,500 per business.
Sutter and Yuba County One Stops provided 9,666 business services to employers; promoted 373 employment opportunities for employers, provided 9,541 employment services to individuals; hosted 38 job fairs/on-site and DRAFT
9 virtual recruitments; initiated 45 on-the-job training contracts; assisted 29 individuals with lay-off aversion and had 403 net jobs created. There was overall a 21 percent decrease in workforce services over the previous year and most likely is the result of the improved job market and jobs filled.
YSEDC provided a variety of technical/financial assistance resources and referrals via 18 email campaigns to 3,900 businesses in the past 12 months with an open rate of 41 percent (vs. industry average of 19 percent) and had a click rate of 14 percent (vs. industry average of 12 percent). This technical/financial assistance included federal, state and private funded grant/loan assistance, marketing, and general business technical assistance.
Yuba-Sutter Chamber of Commerce provided 107 business networking events to 5,951 businesses, 7 educational business webinars to 103 businesses and made multiple referrals to other Yuba-Sutter Business Consortium partners. Chamber also has an established Government Affairs Committee, to study and analyze issues of interest to the Yuba-Sutter area and its business community; to take advocacy positions on those issues; and to communicate the Chamber’s viewpoint clearly to its membership, elected officials, and the community at large.
This committee represents the entire business community. The Chamber was instrumental in organizing the Marysville Business Alliance, whose mission is to revitalize the city of Marysville through community events and create a unified voice to represent the business community. The Chamber’s Yuba-Sutter Restaurant Association in partnership with United Chamber Advocacy Network, joined with the California Restaurant Association and the California Asian Chamber of Commerce to oppose AB 257 which unfortunately passed with a narrow margin.
Currently they have joined Save Local Restaurants Coalition to place a measure to repeal AB 257. The landmark law creates a mandate for a first-of-its-kind council to set standards for franchise restaurant workers' hours and other workplace conditions. It also could raise the workers' minimum wage as high as $22 an hour.
The Marysville Business Alliance (MBA) mission is to revitalize Marysville through community events and create a unified voice to represent the business community at a City and County level and set the direction and vision for the future, incorporating the deep history of the area, music, arts, and culture. The MBA is made up of more than 30 participants who are focused on efforts that create opportunities to grow business for Marysville. The group is actively engaged with the City of Marysville staff and elected officials. They are involved in creating events that attract business to downtown as well as participating in existing events such as Bok Kai, Peach Festival and Christmas Parade to enhance and boost business. The MBA is also involved in pursing grant opportunities to beautify Marysville. Recently MBA contributed their recommendations in a grant proposal to SACOG focused on community design for Historical Downtown Marysville walkability improvements. The MBA meets monthly and is open to anyone with interest in the business growth and development of Marysville.
One of Yuba County’s larger employers, Hard Rock Hotel & Casino Sacramento at Fire Mountain, opened its HARD ROCK LIVE music and entertainment venue in June 2022. With a design approach focused on innovative staging, the latest technology and unrivaled guest amenities, HARD ROCK LIVE serves as a flexible event center with the capability to host a multitude of programs including live shows, a variety of premier sporting events, galas and more and is currently looking at 75 shows and events in 2023 and anticipates another 15-20 outside uses of the facility including tradeshows, meetings, charity events, other activities, and even weddings.
Hard Rock Hotel & Casino Sacramento at Fire Mountain is continuing to focus on securing the 341 acres between the existing casino and Toyota Amphitheater for future ownership and development. They are currently developing a Letter of Intent to purchase and intend to start having master planning discussion in mid-2023 to brainstorm future development for the Tribal business diversification and for supporting the growth of the sports and entertainment zone. Hard Rock Hotel & Casino Sacramento at Fire Mountain continues to support the community philanthropically and in 2022 made charitable donations and in-kind gifts totaling $1million to community entities, including $100K to Adventist Rideout Cancer Center.
DRAFT
10 In Yuba City, a new 93-unit Holiday Inn Express with a swimming pool in the 500 block of Shasta Street is near completion and has begun the process of hiring. It is anticipated 75 jobs will be created. Hampton Inn is in process of a 50-room expansion. There were several other retail stores opened in 2022 which have created approximately 180 to 200 jobs. These include Hobby Lobby (65 jobs), Burlingtons (85 jobs), 5 Below and Turner Outdoorsman (approximately 25 jobs).
In Yuba County, According to Yuba County Media and Community Relations Coordinator Russ Brown, officials from Costco and local property owners have now completed a monthslong private negotiation to bring the warehousestyle store to the area. The store is expected to be about 160,000 square feet in size. Job creation is projected to be 175.
In Marysville, there have been 3 new businesses located within the city and one large development project. • Habit Burger: Located at 723 E Str. Opened in Feb. 2022. Created approximately 18 jobs. • 7-Eleven Convenience Store: Located at 501 5th Street and includes filling station outfitted with electric vehicle rechargers. $6,705,000 project opened December 2022, created approximately 11 jobs. • Dutch Bros. Coffee: 1021 B Street anticipated to open in spring of 2023 and to create approximately 14 jobs.
• B Street Property: Marysville is setting the stage for a Hotel with a Banquet Hall, Restaurants and a Grocery Store across from Ellis Lake, on B Street. Marysville City Council recently entered into a Disposition and Development Agreement with Engstrom Properties LLC and the Presidio Companies LLC to move forward with the redevelopment of this five acre cityowned property.
Goal 2 – Develop, retain and attract talent
It is imperative that the region prepare young students and adult learners with critical indemand education skills, competencies and knowledge that align with existing and evolving business and industry needs. Many industries are suffering because job seekers lack essential skills. The region must build awareness among residents, businesses and leaders that education and lifelong learning are important drivers of economic development.
Implementation Partners: Yuba-Sutter Economic Development Corporation, Sutter and Yuba One Stops; TriCounty ROP/CTE; Yuba-Sutter Chamber of Commerce; Wide Awake Geek, AeroSTEM Academy; K-12 Institutions; Sutter and Yuba Counties; Cities of Live Oak, Marysville, Wheatland and Yuba City; and Yuba College.
Tactic 1 – Increase Collaboration between educational institutions:
Yuba College: Since 2020, Yuba College has collaborated with Yuba City Unified School District, Marysville Joint Unified School District, Wheatland Union School District, and Sutter Union High School District to create additional opportunities for students to pursue higher education, including workforce-focused programs. Yuba College continues to create new partnerships with other Yuba-Sutter school districts, including charter schools. In the 2022-2023 Year, California's legislature called on all community colleges to partner to create pathways for all K12 Districts in their effective service area. Yuba College will continue to work toward reaching that goal.
In addition, Yuba College (YC) is working on a series of educational institution partnerships to expand collaboration by engaging with four-year universities to support Yuba-Sutter. YC has an existing partnership with California State University Sacramento (Sacramento State) to provide pathways for early childhood education. This 2+2 program allows students to complete their associate's degree on-site at Yuba College and then transfer into Sacramento State courses that are offered on-site at Yuba College locally to complete their bachelor's degree. This partnership sets the stage for a series of other agreements that have increased collaboration. For example, in 2021 Yuba College partnered with the University of California Davis as a part of their Avenue B Program designed to expand opportunities for students to have a guaranteed admission pathway into STEM programs from Yuba College to UC DRAFT
11 Davis. That partnership was expanded in 2022 when YC joined the Avenue M Program, designed to increase the number of students with a guaranteed pathway from rural community colleges to UC Davis with the ultimate goal of attending medical school at UC Davis. Local high school districts have joined this collaboration, including the Marysville Joint Unified School District.
Yuba College is working with both the Sutter and Yuba County Offices of Education and California State University Chico to create a local cohort to support teacher preparation. This developing partnership would create an inperson, 2+2 cohort for future teachers. This agreement would include courses hosted on-site at Yuba College at both the associate's and bachelor's levels, with some online course options, followed by student teaching in the Yuba-Sutter area. This 2+2 agreement would mean that local students would not have to travel to Chico State for classes but would instead have options in the Yuba-Sutter area to complete their degree and teaching credential, meeting both a local employment need and expanding partnerships amongst education institutions in and beyond Yuba-Sutter.
The Marysville Joint Unified School District (MJUSD) is rooted in the value of lifelong learning. The District recognizes the impact of the school programs on the larger community and therefore the need to work closely with local businesses and higher education partners to design pathways for graduates to succeed after high school.
While a four-year degree is not the only way to success, the need to establish college preparation for transition to higher education is imperative to growing a trained workforce. The district has introduced a newly designed College and Career division this year to be intentional in preparing every student for college and career and to allow them to choose the future they desire.
In partnership with Yuba College, MJUSD added another cohort to their Early College program and are exploring a middle college program that will allow students multiple options to earn an AA degree while completing their high school graduation requirements. This year, the District formalized a partnership with Chico State which helped introduce information and start laying a belief-system that four-year university education is within reach.
This is the first of many future partnerships with four-year colleges that will be introduced at our secondary schools.
The District supports 21 sequenced pathways in 8 industry sectors through our Career Technical Education (CTE) programs. CTE courses combine academic and occupation-related course requirements. In most cases, pathways are taught over multiple years, allowing students to develop critical workplace skills. Many CTE courses count for college credit and are approved to meet minimum admission requirements for the University of California system.
CTE courses range from medical to agriculture mechanics and touch on a wide range of careers in between.
Tactic 2 – Improve understanding of all ethnic cultures that live, work within or visit the region: In 2022, Yuba Sutter Arts and Culture completed the Arboga Assembly Center Memorial Park in South Yuba County. This historic site is the location where 2,500 local Japanese Americans were held during WWII while the permanent concentration camps were being built. The project was done in collaboration with the Marysville Japanese American Citizens League and was funded by the CA State Library. PROJECT COMPLETE - $30,000 (CA State Library)
The Sutter County Museum houses a permanent exhibit gallery with displays on the history and stories of YubaSutter’s diverse peoples. It includes permanent exhibits on Chinese Americans, Hmong Americans, Japanese Americans, Mexican Americans, and Punjabi Americans in the community’s history. Temporary exhibits in 2022 also supported the understanding of diverse ethnic cultures within the region: Disrupted Life: Replica Barrack from the Tule Lake Internment Camp, in partnership with the Marysville Japanese American Citizens League and Yuba Sutter Arts & Culture, discussed anti-immigration sentiments in the United States and the executive order by President Franklin Roosevelt in 1942 that ordered the relocation of Japanese Americans to internment camps like the Tule Lake Relocation Center in northern California; The Newest Americans, featuring portraits and DRAFT
12 interviews that capture the experiences of immigrants from 23 countries of origin and promoted discussion on America's legacy as a nation of immigrants; and Chinese Pioneers, which explored the social, political, and judicial disenfranchisement of Chinese Californians, as well as moments of Chinese agency and resilience, in the decades before and after the 1882 Chinese Exclusion Act.
Tactic 3 – Create awareness of the value of lifelong learning: In recognition of our community's need to increase educational attainment, Yuba College has partnered with Yuba City Unified School District, Marysville Joint Unified School District, Wheatland Union School District, and Sutter Union High School District to formalize dual enrollment pathways for their students. In 2017, Yuba College had just 428 K-12 students enrolled in a dual enrollment course. In 2019, that increased to 816 for the year. By 2021, that number had increased to 1,236 (nearly tripled in just four years), and YC expects that number to increase again for the 2023 year. In May of 2023, the first cohort of the Yuba City Unified School District's Dual Enrollment Pathway with Yuba College will simultaneously graduate from Yuba City and River Valley High Schools while also receiving an associate's degree from Yuba College. This formal dual enrollment pathway has paved the way for expanded partnerships.
Pathways exist for K-12 students to attain transfer degrees to UCs and CSUs, in addition to pathways designed for career and technical education such as automotive, public safety (police and fire), welding, and more.
Goal 3 – Improve and modernize infrastructure
Adequate capacity and condition of infrastructure assets contributes to overall economic competitiveness. Strategic investments must be made to ensure that these assets are maintained and expanded. The region will become more competitive when businesses, entrepreneurs and residents are able to make use of well-coordinated and robust regional infrastructure for transportation, water/sewer/gas, broadband, housing and the natural environment.
Implementation Partners: Yuba-Sutter Economic Development Corporation; Sutter and Yuba Counties; Cities of Live Oak, Marysville, Wheatland and Yuba City; Yuba-Sutter Chamber of Commerce; Yuba-Sutter Transit; and Caltrans.
Tactic 1 – Modernize the region’s Infrastructure to meet future demand and respond to changing business needs:
Regional Projects:
Feather River West Levee Project: Sutter and Butte counties are planning to improve 44 miles of levees from Thermolito Afterbay south to the Sutter Bypass to reduce flood risk and remove more than 34,000 properties from FEMA Special Flood Hazard Areas. Among other important improvements, the project will sustain and grow the local economy by creating construction jobs, protect property values, and allow for responsible residential, commercial and industrial development. Phase I –Thermalito Afterbay to Star Bend was targeted to be completed by 2016. Phase II will include the area south of Star Bend to the confluence of the Feather River and the Sutter Bypass.
2022-2023 UPDATE: Levee repairs is a two phase project: Phase I, the Feather River West Levee Project, included work from Thermalito Afterbay to Star Bend, just south of Yuba City, and was completed at the end of 2020. Phase II includes the area south of Star Bend to the confluence of the Feather River and the Sutter Bypass. Phase II work completed to date includes a one-mile section of levee at Laurel Avenue and another five miles of levee improvements between Star Bend and Laurel Avenue completed by the U.S Army Corps of Engineers (USACE).
USACE also completed another mile of levee improvements between Laurel Avenue and the Highway 99 bridge. The Feather River West Levee Project is on schedule and within budget.
DRAFT
13 Yuba River North Training Wall Project: The Yuba Goldfields North Training Wall (NTW) is located on the right bank of the Yuba River, approximately eight miles northeast of the city of Marysville in Yuba County. The NTW is approximately 12,000 feet in length, it was constructed by the California Debris Commission in 1899 to confine the Yuba River and to facilitate the migration of mining debris within the floodway. The use of mining tailings was used to construct the NTW, and although not an authorized flood control project, it does provide limited flood protection for the community of Hallwood. However, there have been changes over time, changes both in height and width due in part to erosion from high-water events, such as in 2017 and 2018, when Hallwood experienced localized shallow flooding. The project is being constructed in two phases. 2022-2023 Update: Phase I work was completed in early 2022 and included reshaping the NTW embankment to provide a more stable geometry and address the height and width reductions that had occurred over time and ongoing, persistent erosion from storm events. Phase II work includes construction of a high ground tie-in embankment to extend to the north end of the NTW upstream and for a contiguous line of protection that further reduces flood risk to the Hallwood community, the City of Marysville, and portions of Reclamation District 10. The Phase II project, which is still under design, will include potential ecological enhancement components: riparian aquatic habitat creation, fish passage enhancement, and salmonid foraging enhancement. PROJECT PHASE I IS COMPLETE- $3 Million (County, YWA)
The Yuba Goldfields 200-Yr Levee Project: The Yuba Goldfields 200-Yr Levee Project is a recently completed 2.5 mile long levee that ties into the previously improved Upper Yuba River Levee and is designed to prevent water from the Goldfields from inundating the communities of Linda, Olivehurst, Arboga and Plumas Lake. This 2.5-milelong levee complies with both State requirements for 200-Yr Urban Levee Design Criteria (ULDC) and CA Water Code Title 23 for urban levee flood protection.
2022-2023 UPDATE: PROJECT IS COMPLETE - $54,000,000 (County-YWA, State - DWR) Flood Protection of the City of Marysville: This is a public works project to repair and upgrade the ring levee to be certified as providing a 200‐year level of flood protection. The Marysville Ring Levee project is a multi-phase project that will upgrade the levee that surrounds Marysville. The primary purpose of the project is to strengthen the existing levee by implementing additional measures to reduce the likelihood of through- and under-seepage.
The Marysville Ring Levee reduces flood risk for more than 12,000 residents, the region’s largest and only level-3 trauma services hospital and the more than 10,000 jobs it supports, two state highways and two Union Pacific Railroad mainlines.
2022-2023 UPDATE: The project has completed several phases of construction including Phase 1 on Simmerly Slough between Jack Slough Road and the Marysville High School; Phase 4A on Simmerly Slough in Binney Junction; Phases 2A North and South on the Feather River between 10th Street and the Yuba River; and on the Yuba River the project has completed improvements in Phase 3 between the landfill and Ramirez Road/Simpson Lane and Phase 2C from Highway 70 to the Feather River. A contract is currently being awarded to construct Phase 2B between Ramirez Road/Simpson Lane and Highway 70 on the Yuba River in 2023; and the final phase of construction will be to repair the Yuba River levee beneath Highway 70 in 2024. The US Army Corps of Engineers is also completing a risk assessment of areas not improved in this project to ensure they meet criteria for greater than 200-year level of protection and will implement any repairs/improvements identified in that analysis in 2025- 2026. (See map on page 14
DRAFT .)
14 YWA – Water Projects:
Three Rivers Parkway System Development: The Three Rivers Parkway is envisioned as a multi-modal active transportation and recreation system encompassing as many as 40 miles of hiking, bike and equestrian trails and boat access along the Yuba, Feather and Bear Rivers. The northern terminus would be the Sycamore Ranch County Regional Park on the Yuba River. The trail would extend along the northern bank of the Yuba River to Marysville and would connect to the Sutter County trail system over the rehabilitated former railroad trestle on the Feather River. The trail would cross the Yuba River over the SR 70 bridge and continue south along the Feather River past Star Bend boat ramp to the junction with the Bear River. It would then extend east along the Bear River and possibly Dry Creek into downtown Wheatland. Future phases may connect to the Spenceville Wilderness Area.
The River Parkway is anticipated to be a major draw for tourism in Yuba County, creating opportunities for additional lodging and restaurants, equipment rental concessions, recreational equipment sales, guide services and retail spending from visitors.
2022-2023 Update: Phase I: 20 miles of trails on the Feather River was completed - $8.5 million. (YWA) Yuba County:
Bikeways and Pedestrian Trails: Bikeways and pedestrian trails project provide an alternative mode of transportation as well as an outdoor activity that has the added benefit of connecting people with other points of interest. In January 2013, Yuba County adopted an update to the Yuba County Bikeway Master Plan, which lists and prioritizes projects and their estimated costs.
2022-2023 UPDATE: County was recently awarded a grant through a Sustainable Transportation Planning Grant cycle to complete a Bicycle and Pedestrian Mobility Plan (update to Yuba County Bikeway Master Plan).
County Bridge/Culvert Repair: There are 75 Highway Bridge Program-eligible bridges (greater than 20’ in length) and numerous other culvert and drainage structures owned and maintained by Yuba County. Currently the County DRAFT
15 has 75 bridges that are of sufficient length (>20’) to be eligible for Caltrans inspection. Of these, 29 bridges have a Sufficiency Rating (SR) below 80 and above 50 which qualify for HBP rehabilitation funds, and 8 bridges have a SR below 50 which qualify for HBP replacement funds.
2022-2023 UPDATES: Iowa City Road Bridge Replacement Project completed - $2,081,000 (California Highway Bridge Program FSTIP). Spring Valley Road bridge replacement planned for 2023. Other current bridge replacement projects include Los Verjeles Road, Waldo Road, and Ellis Road. These are anticipated to be in construction in 2024-2025.
Yuba County Broadband Initiative: The County of Yuba seeks to improve broadband service county-wide to support economic growth, enhance community resilience, and bolster connectivity. This initiative will remain a priority for the County into the foreseeable future, due to the complex nature and ever evolving technological advances of the industry. Currently, the County, in partnership with the Yuba Water Agency and Valley Vision, is developing a Broadband Master Plan highlighting industry best practices and community specific opportunities to expedite enhanced broadband services.
2022-2023 UPDATES: Initiatives/Projects
The County is in the process of assessing its regulatory structure to facilitate more rapid broadband project permitting in the areas of encroachment permits, wireless communication tower deployment, and deployment of conduit for future fiber expansion that complies with California Department of Transportation specifications permitting and single point of contact for SiFi Networks open access middle mile fiber micro trenching project in Linda, Olivehurst, Plumas Lake, and future expansion into Arboga to deliver a minimum speed of 1 gigabyte per second symmetrical download/upload speed. Any broadband provider currently operating within, or interested in expanding to the project areas, will be able to serve customers on the network. Work likely to begin in 2023. • Entered into Joint Powers Authority with Golden State Connect Authority to combine staff capacity for future initiatives.
• Entered into Memorandum of Understanding with Golden State Finance Authority. • Received $500,000 Local Agency Technical Assistance grant from CPUC for broadband network deployment, broadband feasibility study which will include:
- Conceptual Network design and cost estimation.
- Refined High-Level Design and Foundational Planning.
- Low-Level Design and Engineering. Received approval for construction drawings.
Outreach is ongoing for Affordable Connectivity Program. 54 percent of county residents are eligible, and Yuba County is 7th out of the 58 California counties with 35 percent enrolled.
Yuba County Airport Taxiway: Yuba County Airport constructed a taxiway serving the commercial buildings along Skyway Drive, west of the existing runway. The taxiway is 25 feet wide and extends 3,700 feet in length. Other improvements included installation of storm drains and crossings over existing storm drains. 2022-2023 UPDATE: PROJECT COMPLETED -$1,813,067 Million (Federal & Local funds) West Linda Detention Basin and Pumping Station: This public works project will modify the existing low‐lying area into a detention basin and create a pumping station to manage drainage within the West Linda area and create a multi‐use recreational field/park that benefits existing low‐income residents and businesses. 2022-2023 UPDATE: Yuba County has submitted a grant application for Phase 1 of this project to construct a 4.6- acre-foot retention basin along with associated piping, fencing, and grading. Construction of an outfall structure and pumping station would occur in subsequent phases.
Reclamation District No. 784 (Special District)
Pump Station No. 9 Upgrades: This public works project would provide redundant pumping, backup generation and SCADA electronic system to existing Pump No. 9 as required by FEMA for operation during storm events and would protect West Linda and the Lindhurst Avenue commercial area.
DRAFT
16 2022-2023 RD784 UPDATE: RD784 has been awarded grant funding through Prop. 1 to finish the SCADA connection phase. Components for the project are now in fabrication stages. Estimated completion in 2023.
Pump Station No. 7 Upgrades: This public works project would provide upgrades to Pump Station No. 7 with SCADA electronic system and redundant pumping to serve Wal‐Mart, Costco and the general commercial area of Linda.
2022-2023 RD784 UPDATE: RD784 has been awarded grant funding through Prop. 1 to install the instrumentation improvements (SCADA). Components for the project are now in fabrication stages. Estimated completion in 2023.
Pump Station No. 5 Upgrades:This public works project would provide upgrades to Pump Station No. 5 with SCADA electronic system and redundant pumping to serve the east Linda area. 2022 RD784 UPDATE: RD784 has been awarded grant funding through Prop. 1 to install the instrumentation improvements (SCADA). The grant agreement has been executed and the project is now in the design phase.
Estimated completion in 2023.
Regional Drainage Facility: This public works project will provide regional drainage and pumping for the North Arboga Study Area, Plumas Lake Specific Plan Area, and Pump Station No. 10. 2022-2023 RD784 UPDATE: Pump Station 10 was partially completed in 2014 with supervisory control and data acquisition (SCADA) electronic controls. Other parts of the Regional Drainage Facility improvements, in addition to the Ella Detention Basin, include 2 additional detention basins, outfall piping along Murphy Rd., outfall structure on the waterside of the levee, and a 3rd pump. The South Ella Detention Basin was completed in 2019 and construction of the Wheeler Ranch Detention Basin B has started but is not expected to be completed until development returns to Wheeler Ranch. Remaining phases await funding.
Forest Biomass Business Center Development: Camptonville Community Partnership (CCP), is a small, rural, community-based non-profit organization located in the town of Camptonville in the Yuba County foothills that proposes to develop a small forest biomass to energy facility that would be part of a new small business campus, located in an unincorporated area approximately 11 miles southwest of Camptonville and 3 miles east of Dobbins.
CCP intends to attract other businesses to the site, where heat and power would be available from the facility making the overall facility a high efficiency combined heat and power operation. 2022-2023 UPDATE: The planning and engineering solidified costs and site plans needed. Through 2021, CCP began working with their developer and design and engineering team. Inflation and rising costs required CCP to pivot in 2022 and re-evaluate and search for cost savings as well as the need to secure additional funding from investors and grant opportunities.
● Entered into a land agreement for the purchase of an 100 acre parcel including the 11 acres for the current bioenergy site.
● Secured interest for the development of a co-located sawmill. ● Secured a Timberland Conversion Permit (TCP): Converting timberland into another use requires a TCP from Cal Fire. A part of the TCP process also includes preparation of a Timber Harvest Plan (THP). ● Secure a loan for interconnection costs from Yuba Water Agency (YWA). ● Update permits and contracts with local and state agencies. ● Develop a business plan for the bioenergy facility.
CCP continues to work with key partners such as USFS, USDA, YWA, Blue Forest Conservation, and others to develop the Forest BioMass Business Center. Project is working to be built and generating electricity to the grid in 2024-2025. To date $7.5 million has been invested in the project.
City of Live Oak Projects:
Wastewater Treatment Plant Solar Project: Live Oak’s new wastewater treatment plant was designed with the possibility of connection to a solar array to power the plant.
DRAFT
17 2022-2023 UPDATE: Live Oak completed a feasibility analysis and received a $1.68 million grant and loan award from the California Water Resources Control Board in 2020 for 2023 construction.
City of Wheatland Projects:
Wheatland Comprehensive Water Project The City of Wheatland water system is aging with portions of the system more than 100 years old. The project consists of removing the seismically deficient water tower from service by employing new ground mounted hydro-pneumatic tanks and booster pumps to supply water pressure to the City. The project also includes replacement of domestic water meters, new production meters, water meter automation to assist with leak detection and remote metering reading, SCADA replacement, and new billing software.
2022-2023 UPDATE: Project is underway and will be completed in 2023.
Locate Research Center in Wheatland’s Employment Zone: The city of Wheatland is working aggressively to build the partnerships necessary to locate a collaborative research center in Wheatland’s Employment Zone. This center would create a collaborative research opportunity with Beale AFB, the US Air Force, Yuba Water Agency, City of Wheatland, and the University of California. The center could serve as an educational workforce training and advanced research hub. Initially, the workforce collaborative facility would consist primarily of PHD level researchers, but also development of BA level and high school educational programs as the center expands to its full mission. This creates a significant opportunity for the City of Wheatland and Yuba County to create an innovation center and technology node.
2022- 2023 UPDATE: Efforts to build the collaboration described above are ongoing.
City of Yuba City Projects:
Sutter Bike Path Extension: The project includes extending the existing bike path within the City right-of-way from Hooper Road to Harter Parkway and along Harter Parkway from State Route 20 to Butte House Road. 2022-2023 UPDATE: Final design is in progress with construction anticipated to commence and complete in 2023.
Barry School Waterline: The project involves installing 12” and 14” diameter water transmission main in Railroad Avenue from Bogue Road to Stewart Road and in Stewart Road from Railroad Avenue to Garden Highway, as well as a 3” diameter private water service in Railroad Avenue and Barry Road to serve Barry School. 2022-2023 UPDATE: The project is being advertised for bids in January 2023 with construction anticipated to begin in June 2023 upon State approval.
Second Groundwater Well: The project includes constructing a second groundwater well at the City’s Water Treatment Plant to provide additional accessible water resources during times when the City’s surface water rights are curtailed.
2022-2023 UPDATE: The well was drilled and tested in 2022. Bids for the pump and above-ground piping will be advertised in February 2023 with installation completed prior to Summer 2024 depending upon electrical/mechanical equipment availability.
Aquifer Storage Recovery (ASR) Well: The project involves establishing an ASR well at the City’s Water Treatment Plant to further bolster the City’s accessible water resources during times when the City’s surface water rights are curtailed. The ASR concept includes injecting treated water into the groundwater aquifer during times when surface water availability exceeds demands while extracting groundwater during times when surface availability does not meet demands.
2022-2023 UPDATE: Design and environmental/permitting will commence in 2023 with construction anticipated in 2024.
WWTF Outfall and Diffuser Project: The project includes constructing a new 42-inch diameter discharge pipeline from the City’s Wastewater Treatment Facility (WWTF) and a new diffuser outlet to the Feather River. The DRAFT
18 proposed pipeline and diffuser will replace the City’s existing diffuser, which was damaged in 2011 by erosion of Shanghai Falls. This project will ensure the City’s capability to safely treat wastewater for existing customers, as well as future development.
2022-2023 UPDATE: Final design complete pending receipt of permit conditions from regulatory agencies. Project will be advertised for bids once funding and permits are secured.
Tactic 2 – Develop and improve alternative, multi-modal and inter-modal distribution infrastructure:
Regional Caltrans Projects:
Caltrans has 34 projects slated for construction, rehabilitation, planned or program projects in the Yuba-Sutter region. Five were completed in 2022, which represented an injection of $144.8 million in improvements within the region.
Feather River Bridge 03-3F560
In Yuba and Sutter Counties at the Feather River Bridge on Highway 99 over the Feather River. Scour mitigation and retrofit piers. PROJECT COMPLETED $30.972 Million (State) Deck Treatment & Joint Seal Replacement 03-1G720
In Sutter County on Route 99 at Pease Road. Methacrylate deck treatment. This project includes 12 locations in Glenn, Sacramento, and Yolo counties. PROJECT COMPLETED $1.193 Million (State) Feather River Scour 03-3F560
In Yuba and Sutter counties, in Yuba City and Marysville, at the Feather River Bridge and Overhead. Scour mitigation and retrofit piers. PROJECT COMPLETED $39.175 Million (State) Timbuctoo 03-3F510
In Yuba County near Smartsville down from the Yuba River Bridge to 0.3 mile east of Smartsville Rd. Realign and widen roadway. PROJECT COMPLETED $74.928 Million (State) Replace Aging Sign Panels 03-0J310
In Yuba County near Marysville from 0.3 mile south of Olivehurst Avenue Overcrossing to beginning of Bear River Bridge. Replace Aging Sign Panels. PROJECT COMPLETED $321,100 (State).
Sutter County Projects:
Howsley Road Bridge Replacement: The county will replace the existing two-lane 260-foot-long bridge utilizing FHWA Highway Bridge Program funds.
2022-2023 UPDATE: The design phase to be complete by March 2023, including all necessary environmental permits. Federal Funding for the construction phase is not expected to be available until 2025.
Tisdale Road Bridge Replacement: The county will replace the existing two-lane 40-foot-long bridge utilizing FHWA Highway Bridge Program funds.
2022-2023 UPDATE: The design phase is complete, with right-of-way acquisition and environmental permitting expected to be completed in April 2023. Federal Funding for the construction phase is not expected to be available until 2025.
Kent Avenue Bridge Replacement: The county will replace the existing two-lane 80-foot-long bridge utilizing FHWA Highway Bridge Program funds.
2022-2023 UPDATE: The design phase is complete, with right-of-way acquisition and environmental permitting expected to be completed in April 2023. Federal Funding for the construction phase is not expected to be available until 2025.
DRAFT
19 Yuba County Projects:
Goldfields Parkway: This public works project would construct a four‐lane arterial around the easterly side of Marysville through the East Linda Specific Plan from Highway 65 at McGowan Parkway to Highway 20 at Plantz Road.
2022-2023 UPDATE: The design phase for the segment between North Beale Rd and Hammonton-Smartsville Rd is at approximately 65%. The County applied for EDA funding to complete the construction but was unsuccessful.
The County plans to construct the adjacent storm water basin in 2023-24 which may allow the road to be rough graded. The completion of the road is still dependent on sourcing funding.
Highway 70/Plumas Lake Boulevard Interchange – Phase 2: This public works project would link Phase 1 of the Highway 70/Plumas‐Arboga Interchange to the eastern Phase II component of the interchange to include a Union Pacific Railroad overpass.
2022-2023 UPDATE: Project design has started, and the County is coordinating with CalTrans. The design is currently at 30% but expected to be complete by 2025.
North Beale Road Revitalization Improvements: This public works project consists of implementing the road improvements recommended by the East Linda Revitalization Plan which consists of sidewalks, landscaped medians, street lighting, and parking that would improve the safety of the road for motorists, bicyclists and pedestrians as well as improve the appearance of the road corridor to help attract new and retain existing businesses.
2022-2023 UPDATE: North Beale Road Complete Streets Phase II (Hammonton-Smartsville Rd. to Linda Ave.) is currently wrapping up and punch list items are being completed. The County is currently looking for grant funding to fund phase III (Linda Avenue to approximately 2,400 feet east). PHASE II COMPLETE-$8,020,000 (Federal RIPSTIP Funds-$4,529,00; Federal HIP funds - $2,000,000, Federal RSTP funds - $1,491,00) Linda – Cedar Lane and Alicia Avenue Project: This public works project consists of implementing road improvements to Cedar Lane and Alicia Avenue (from Riverside Avenue to Feather River Blvd) in West Linda. This project includes improvements to: curb, gutter, sidewalk, drainage and street overlay. 2022-2023 UPDATES: Design at 95%. Plan to construct in 2023.
McGowan Parkway Project: This public works project consists of implementing road improvements to McGowan Parkway between SR 70 and SR 65 in Olivehurst. This project includes improvements to: curb, gutter, sidewalk, drainage and street overlay.
2022-2023 UPDATES: Construction is currently underway. Project is also partnering with OPUD to install sewer/water infrastructure for South County Annexation Project through a grant from ARPA. Construction expected to be complete by Spring of 2023.
Feather River Boulevard Project: This public works project consists of implementing road improvements to Feather River Blvd. between Arboga Road and Alicia Avenue in West Linda. This project includes improvements to curb, gutter, sidewalk, drainage and street overlay.
2022-2023 UPDATES: Design at 95%. Plan to construct in 2023 City of Live Oak Projects:
Pennington Road Rehabilitation: Pennington Road is the main east/west arterial for the City of Live Oak, intersected by State Route 99. Sacramento Area Council of Governments (SACOG) committed $915,000 for partial reconstruction of the road from Broadway to Connecticut Avenue during 2012 and 2013. Reconstruction to the east of State Route 99 is also necessary.
2022-2023 UPDATE: Construction is expected to be completed in 2023.
DRAFT
20 City of Marysville Projects:
Rebuild 5th Street to Complete Streets Standards from State Route 70 to J Street.: This is one part of a multistreet local traffic circulation plan designed to accommodate heightened commuter traffic flows over the new four-lane 5th Street Bridge connecting Marysville and Yuba City, with improved access to the newly expanded Adventist Health+Rideout Regional Center Campus and serving planned future business growth within the Medical Arts District. Working in conjunction with project M6 and modifications to 3rd Street, this project will include engineering and construction to fulfill Complete Streets standards for safe pedestrian and bicycle use along this major surface artery.
2022-2023 UPDATE: PROJECT COMPLETE-$3,516,000 (State Active Transportation, SACOG, City) Systemic Safety Analysis Report Program (SSARP): Federal regulations require each State has a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP address the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.
2022-2023 UPDATE: PROJECT COMPLETE-$72,000 (State Active Transportation) City of Wheatland Projects:
Wheatland Pavement Management Program (PMP): Develop the City’s first pavement management program (PMP). The PMP will produce a comprehensive and detailed inventory of the City’s roadways, estimate the pavement condition index (PCI) for each segment, develop treatment costs and strategies, and provide various recommended treatment scenarios.
2022-2023 UPDATE: PLAN COMPLETED - $50,000 (Gas Tax, SB1) Wheatland AB 1600 Fee Study: The City of Wheatland is currently preparing an update to the City’s AB 1600 Fee Study to identify the development impact fees for future development within the City using grant funds available from SB 2.
2022-2023 UPDATE: PLAN COMPLETED - $130,000 (SB2)
City of Yuba City Projects:
Bridge Street Corridor Improvements: The Bridge Street corridor improvement project is a multi-phased project to extend four travel lanes from SR-99 to Marysville/SR-70. The project includes the construction of the 5th Street Bridge, and phased reconstruction of Bridge St. Bridge Street will be widened from Gray Avenue to Cooper Avenue in late 2021 with completion anticipated at the end of 2023 with support from a $2.8 million Local Partnership Program grant from the CTC. The project will enhance a key gateway through the city to facilitate necessary traffic demands while coordinating with adjacent property owners to help facilitate Economic and Workforce Development in the area.
2022-2023 UPDATE: Cooper Avenue to Gray Avenue construction was started and estimated to be completed in 2023. Conceptual design for the final phase between SR-99 and Gray Avenue will commence in 2023 with funding support from a $200,000 SACOG grant. Final design and construction funding for this segment is yet to be determined.
Walton Avenue Complete Streets Improvements: The project includes rehabilitating portions of Walton Avenue from Hazel Avenue to Sam’s Club, including closing the gaps in sidewalks on the west side of Walton Avenue between Lincoln Road and Franklin Road, improving bike lanes, and upgrading the traffic signals. 2022-2023 UPDATE: Final design is in progress with construction anticipated to commence in 2023 and completion in fall of 2023.
DRAFT
21 Tactic 3 – Promote transit planning to move people throughout the region and housing development:
Yuba-Sutter Transit:
Just like public transportation systems worldwide, Yuba-Sutter Transit has been severely impacted by the COVID19 pandemic. In the first full fiscal year of the pandemic (FY 2019), Yuba-Sutter Transit ridership hit a 25-year low at just 37% of the pre-pandemic level (FY 2019). Systemwide ridership has since been slowly recovering and average weekday ridership is now about 60% of the pre-pandemic level (December 2019 vs. December 2022), but all services have not been impacted the same as local fixed route ridership is at 59% of the pre-pandemic level while Sacramento Commuter ridership is at just 24%. In response to lower ridership, some service has been suspended indefinitely (including 30% of all commuter schedules) and the systemwide number of vehicle service hours being operated is now at 83% of the pre-pandemic level.
Assuming an extended pandemic recovery period, Yuba-Sutter Transit is now preparing a state-funded Comprehensive Operational Analysis / Short-Range Transit Plan to evaluate the appropriate scope, level and even model of public transit service for the bi-county area. The last study of this kind was adopted in early 2015 and a current plan is required to remain eligible for federal transit funding. This effort, which is expected to be completed in mid-2023, is a top-to-bottom assessment of the existing system and will result in specific service and program recommendations along with a corresponding operating and capital financial plan for implementation consideration over the next five to ten years. This plan is being developed with significant outreach to a wide range of community stakeholders.
Facility Replacement. Yuba-Sutter Transit continues to plan for the replacement of its current operations, maintenance, and administration facility at 2100 B Street in Marysville. A new location is needed because this undersized and technologically obsolete 1960’s-era former Seven-Up Bottling Plant that was converted to transit use in 1996, lacks sufficient capacity to accommodate the infrastructure needed to meet the state mandate that only zero-emission buses can be purchased after 2028. In addition, Caltrans’ programmed and fully funded expansion of Highway 70 (B Street) adjacent to the facility may render it useless even earlier. 2022-2023 UPDATE: To begin the process of replacing the existing facility, Yuba-Sutter Transit secured a Caltrans planning grant to conduct a needs analysis and site selection study as part of the Next Generation Resilient Transit Facility Plan that was completed in early 2021. In July 2021, Yuba-Sutter Transit completed the purchase of the top ranked site from the study at 6035 Avondale Avenue in Linda for the ultimate operation and maintenance of up to 70 zero-emission buses. This 19.7-acre property is located on the northeast corner of Avondale Avenue and North Beale Road in Linda. The process to fund the design, construction and equipping of the new facility is now well underway as more than half of the estimated $47.5 million needed has already been secured from a mix of federal, state, regional and local sources. If sufficient funding is quickly secured, this state-of-the-art zero-emission bus facility and possible future mobility hub could be completed by as early as 2027. Regardless, a new facility will be needed by about 2030 to enable a significant number of zero-emission buses to be used in daily operations.
Housing and Affordable Housing:
There has been a concerted effort within the region to increase housing stock for all income levels.
Lakeside at Sutter Pointe in Sutter County is 873-acres located in South Sutter County consisting of 3,382 singlefamily homes, 399 multi-family units, 59-acres of parks, 55-acres of open space, 44-acres of employment center, 25-acres of commercial/retail, and a 20-acre K-8 school.
Phase 1 of Lakeside is the southern 386-acres adjacent to Riego Road. In late 2022 the site was mass graded in preparation for site development. Improvement plans for Phase 1 are currently being processed by the County.
Phase 1 will include 1,239 single-family residences, 193 multi-family units, 40-acres of open space, 34-acres of parks, 26-acres of employment (up to 400k sf of office/flex space), and 9-acres of commercial/retail (up to 7,500sf). The first phase is proposed to be an active adult community. Sutter County is currently reviewing the DRAFT
22 tentative maps for Phases 2 and 3 of Lakeside. Approval of Phases 2 and 3 is anticipated in 2023. This will allow Lakeside to construct a wider variety of housing types.
The 7-mile force sewer main connecting Sutter Pointe south into Sacramento County is anticipated to begin construction in early 2023. This is a major infrastructure improvement needed to serve south Sutter County which will open the area for future development. Other major backbone infrastructure improvements are anticipated to continue in 2023 with construction of the first homes expected in 2024.
In Yuba County (West Linda/Olivehurst), Cedar Lane Permanent Supportive Housing (PSH) apartments construction started in April 2021 of a 41-unit PSH project, targeting homeless individuals and homeless individuals with a mental health disability. Service providers are the County Behavioral Health Department and local homeless services provider, Hands of Hope. Construction is expected to be completed in January 2023.
In Yuba County (West Linda/Olivehurst), Cedar Lane Family Apartments construction started in May 2021 on a 108-unit multi-family project, consisting of 2- and 3-bedroom units, targeting low-income families. Construction is expected to be completed in March 2023.
In Yuba County (River Oaks - Plumas Lake), construction will start in February 2023 of a 48-unit multi-family project, consisting of 2- and 3-bedroom units, targeting low-income families. Construction is expected to be completed in July 2024.
In Yuba County (Linda), Prosperity Village is an affordable housing project made possible by Habitat for Humanity, in partnership with the County. It is located near the Walmart in Linda; it consists of 61 housing units and include supportive services from case workers and other onsite providers. Onsite providers include Hands of Hope, the local Veterans Affairs office, the veteran’s organization Nation’s Finest and Yuba County Health and Human Services. Safety elements also will be included within the complex. Prosperity Village has a security system and staff monitors onsite. An onsite manager is present to help monitor and coordinate services. Project is complete and fully occupied.
In Yuba County (Olivehurst), Innovation Housing Center, is a low income housing project made possible by Habitat for Humanity and it will consists of 13 housing units and include supportive services from case workers and other onsite providers. The project is in design phase and estimated to be completed 2023 -2024.
In Yuba County (Olivehurst), Serenity Village, located at 1645 Chestnut Road in Olivehurst will offer 124 units of affordable rental housing. This affordable housing development project seeks to provide new levels of housing for families in the area with the purchase of infill lots. The development team seeks to combine four (4) separate lots into one project site and build 124 units of affordable rents. This project serves the community's need for an increased affordable housing supply. Families who will benefit from this project will typically have a median income of around 50% of the area’s average, though the actual range can go from 30% to 80%. Habitat will develop, own, and manage the site and there will not be on-site supportive services provided. Projected completion date is April of 2024, and the project budget is approximately $28 million dollars.
In Yuba County (Linda), Sierra Vista Development – Humanity Park. After nearly 5 years in the making, the completion of the 36 home permanent housing community, Sierra Vista. The subdivision features a new playground for the surrounding community, which includes a play structure, swing sets and a walkable path.
In the City of Live Oak, Kristen Court Apartments – Phase III construction started in October 2021 on a 32-unit multi-family project, consisting of 2- and 3-bedroom units, targeting low-income families. This third and final phase will complete at full build out all the phases for a total 112-unit multi-family affordable housing complex.
Construction is expected to be completed in March 2023.
DRAFT
23 In the City of Live Oak, Oak Haven Estates, an 16-unit low income housing project is under construction, overseen by Habitat for Humanity and is estimated to be completed 2023-2024.
In the City of Marysville, there have been some renovations underway, including a new roof and plans for plumbing and electrical engineering for the Hotel Marysville Redevelopment project. However, the project cannot fully move forward until official development plans have been approved. Upon completion, the apartments will serve a housing need for employees of Adventist Health/Rideout Hospital. One of the objectives for the Marysville Hotel redevelopment is to help support housing for Adventist Health employees as well as an overall housing shortage, and the goal is to have market rate housing.
In the City of Marysville, Marysville East Lake Apartments development will be a 71-unit rental new construction project. Bounded by Yuba and Ramirez Streets, and E. 13th and 14th Street. It will be a mix of 24 one-bedroom units, 24 two-bedroom units, and 23 three-bedroom units. East Lake Apartments will provide affordable housing for families earning up to 60% of the area median income for Yuba County.
In the City of Marysville, other housing projects include the 3rd and D Street apartment development, which will feature 38 market rate units. Like Hotel Marysville, these apartments will fulfill a need for housing adjacent to the medical arts district. Plans for the 3rd and D Street apartments are still in the conceptual phase. The Delta Building at 425 5th St. is being remodeled to allow for more residential units in the downtown area. The exact number of units has not been finalized due to the project also being in its conceptual stages.
The City of Wheatland completed the Accessory Dwelling Unit Ordinance and Density Bonus Ordinance for compliance with state law as identified in Wheatland’s 5th Cycle Housing Element Update. 2022-2023 UPDATE: PLAN COMPLETED - $29,500 (State -SB2) In the City of Yuba City, Tranquil Harbor Estates, located on Walton Avenue, will be overseen by Habitat for Humanity and is a low income senior housing project with 20 units and could house 20-40 individuals. The plan has been approved by the Yuba City Planning Commission and is before the Yuba City Council for approval of the sale of the property. Construction is anticipated to be completed 2023-2024.
In Yuba City, The New Haven Court construction was completed in April 2021 of a 40-unit permanent supportive housing project, targeting homeless individuals and homeless individuals with a mental health disability. Service providers are the County Behavioral Health Department and local homeless services provider, Hands of Hope.
Operations are ongoing to assist vulnerable members of the community. Project is complete and fully occupied.
The City of Yuba City approved the development plan for Richland Village Phase II, a proposed residential affordable apartment complex that would consist of 88 one-bedroom, 44 two-bedroom, and 44 three-bedroom units at 470 Bernard Drive in the Richland Housing complex. Plans also include a community center and other recreational amenities for residents.
Goal 4 – Foster overall quality of life and place
To attract and/or retain business and residents, both urban and rural communities must actively maintain or revitalize their city or town centers and amenity assets. Quality of life includes a complex balance of jobs and education to healthcare and housing, protecting and promoting the region’s natural resources and outdoor spaces, cultural and art spaces and community spirit.
Implementation Partners: Yuba-Sutter Economic Development Corporation; Sutter and Yuba Counties; Cities of Live Oak, Marysville, Wheatland and Yuba City; Yuba-Sutter Chamber of Commerce; Yuba-Sutter Regional Arts DRAFT
24 Council; Sutter Buttes Regional Land Trust; Sutter and Yuba County Libraries; Yuba-Sutter Lodging Association; Local theatres, museums and art galleries.
Tactic 1 – Promote and Market for continued investment in regional amenities: With the relaxation of COVID-19 pandemic mandated closures, local amenities which included the arts, history, and recreational venues moved forward with their programs and projects.
In 2022, Yuba Sutter Arts & Culture (also known as Yuba-Sutter Arts Council, YSAC) completed the following projects:
1. Completion and re-opening of the Sutter Theater Center for the Arts (Phase 1) including the Theater Art Gallery and Clark Family Black Box Theater.
2. Completion of 2,000 square foot mural on the side of the theater building at Yuba College. Titled "Inspire," artist Rebecca Wallace combined elements of the arts and career technical education opportunities available. YSAC, served on the advisory committee, helped create the Call to Artists and provided general consulting services.
3. Completion and dedication of the Arboga Assembly Center Memorial Park in South Yuba County. This historic site is the location where 2,500 local Japanese Americans were held during WWII while the permanent concentration camps were being built. The project was done in collaboration with the Marysville Japanese American Citizens League and was funded by the CA State Library.
Yuba Sutter Arts & Culture is involved in several major projects lined up for 2023 that will directly impact the arts and culture Community. These projects include:
Plaza Park Improvements and Cotton Rosser Bronze Statue Project In early 2023, improvements at Plaza Park in Marysville along First Street will pave the way for the installation of a larger-than-life size bronze statue of Rodeo legend, Cotton Rosser, in the summer just ahead of the Marysville Stampede. Enhanced lighting in the park surrounding the statue will make the location a destination day or night and a fitting site for the termination of the annual cattle drive. The statue will be installed in August of 2023.
Murals of Live Oak
The City of Live Oak has renewed its contract with YSAC for three years to paint additional large exterior murals. Over a dozen murals have been created the last few years to celebrate history and heritage of Live Oak. Each mural also has a hidden object in it to help keep the viewer engaged. A Call to Artists for new mural concepts will go out early 2023.
Sutter Theater Center for the Arts Main Stage
YSAC will begin work on its Main Stage redevelopment project at its Sutter Theater Center for the Arts. The back half of the 1950s vintage theater will be brought back to life as a 299-seat live performing arts space with a traditional proscenium arch raised stage for live music and theater productions as well as film screenings. A capital campaign will begin in January 2023 to raise the $750,000 needed for the project.
Marysville History Trail Sign Project
YSAC has been part of the development of the Marysville History Trail Sign Project in collaboration with the Yuba County Historic Resources Commission. The first 20 signs have been funded by a SACOG grant to the City of Marysville. The free-standing signs will vary in size depending on the locations but will be nominally 2’x3’. Each sign will have text and images explaining the significance of the structure of the location and a QR code. Visitors can access a video of an actor explaining the location by scanning the QR code with their smart phone. A printed tour guide and eventually a smart phone app will guide visitors from location to location.
Historic Marysville High School Auditorium
YSAC is on the committee to help restore the 1,000 seat Marysville High School Auditorium. A feasibility study is underway and funding sources are being researched. The auditorium or theater has been dormant since 2017 due to seismic issues. The study will determine the path of least resistance to bringing the magnificent building back to its former glory as the premier non-commercial performing arts venue in the region.
DRAFT
25 The Sutter County Museum shares local stories to strengthen community bonds, to inspire celebration of our diverse cultural heritage, and to demonstrate how understanding the past prepares us for the future. The Museum offers free admission and is a partnership between Sutter County and the Community Memorial Museum Association, a 501(c)(3) nonprofit. In 2022, the Museum returned to 40 full hours per week of public operation, hosted five temporary exhibits on a range of topics, began a regular Speaker Series event program, and hosted over 1,500 attendees at free educational programs, events, and tours.
The Marysville Drakes, an independent level professional baseball team, is scheduled to come to Marysville for its first season starting in late May. The Drakes will be a part of the larger Pecos League, which is split between the Mountain and Pacific Division consisting of multiple states in the desert mountain regions. The City has replaced most of the field walls in anticipation of the upcoming season.
Marysville NABA is an adult baseball league, playing exclusively on Sundays for players ages 17+. Their goal is to offer the most complete amateur league experience in the Marysville area that includes a competitive All-Star Game, Playoffs, and Championship Games.
The Yuba-Sutter Chamber of Commerce has developed an organization, Film Yuba-Sutter!, which is intended to attract and support the film industry in the Yuba-Sutter community. To date, they have created social media pages, created promotional video, represented the community at 4 industry events. They are still working on their webpage to go live, but has been included in the Creative Handbook and Destination Film Guide which have a monthly distribution reach of 28,000 industry professions. In addition, they hired a consultant to manage the organization.
Yuba Water Agency Water Education Program: Developed with broad community participation, Yuba Water Agency’s water education program aims to improve the quality of life and economic prosperity for the people of Yuba County and promote stewardship by helping residents and visitors develop an increased understanding of the region’s water and natural resources. The program also seeks to increase awareness of the agency’s mission and management of Yuba County’s water resources. The water education program builds upon long-standing outreach and education partnerships in Yuba County and includes several new initiatives led by Yuba Water. Efforts include Community Partner Education programs, Yuba River Watershed Curriculum and Yuba River Watershed Experience Center.
2022-2023 UPDATE: Yuba Water and Yuba County continue working with the Bureau of Land Management to secure the land for a Watershed Experience Center; the Yuba Water Agency Board of Directors will consider how to proceed with the facility as part of their strategic planning process.
Adventist Health+Rideout Blue Zones Project is a community-led well-being improvement initiative designed to make healthy choices easier through permanent changes to a city's environment, policy, and social networks.
Participating communities have seen double-digit drops in obesity and smoking rates, economic investment in downtown corridors, grant funding awards to support policies and programs aimed at improving health equity and measurable savings in healthcare costs.
2022-2023 UPDATE: In March 2022 a Blue Zones Project Yuba Sutter steering committee was formed and committee chairs were identified. The steering committee collectively formulated a “Blueprint” to reach its goal to make Yuba Sutter a better place to live, work, and play. In July, sector committees were formed. These community members are focused on sector areas of schools, worksites community policy, restaurants and grocery stores, faith-based organizations and individual engagement and will develop an implementation plan.
The Sutter Buttes Regional Land Trust (SBRLT), whose mission is to protect and maintain the natural and agricultural resources of the Sutter Buttes and the surrounding region for present and future generations, has several projects which are important to quality of life in the region.
DRAFT
26 Monitoring and Management: They complete annual monitoring on all their easement and fee owned properties, making a site visit to each property every year. The land trust currently has 4 easements that protect agriculture and habitat. The land trust has two fee owned properties which it manages: a 100-year-old schoolhouse in West Butte, listed on the National Register of Historic Places and North Butte in the Sutter Buttes.
SUTTER BUTTES REGIONAL LAND TRUST ‐ LAND CONSERVATION PROJECT LIST Current Awards: $29,577,973
Proposed for Protection: 1,964 acres
Project Name Acres County Partners
Conservation
Values
Conservation Easement Projectsin Process
Danna Farms 875 Yuba NRCS, DOC A, W, S, O
Magnolia Ranch 952 Yuba USAF, DOC A, W, S, O
Laughlin Farms 137 Sutter NRCS, DOC A, S, O
Magoon & Gill Ranch 1436 Sutter DU, NRCS, WCB A, W, S, O Murphy Lake Farms 973 Sutter DOC, WCB A, W, S, O
Total 4,373
Mitigation Projectsin Process
Star Bend & Matthews 38 Sutter/Butte SBFCA, SVC W, S, E, O Bear River 617 Yuba TRLIA, SVC A, W, S, E, O
Feather River 164 Yuba TRLIA, SVC W, S, E, O
Total 819
ALL ACTIVE PROJECTS 5,192
Potential Easement Projects
Sutter Buttes 1,800 Sutter NRCS, WCB
Beale Air Force Base 2,000 Yuba USAF, DOC, WCB, TPL A, W, S, O Total 3,800
Yuba County Projects:
Bikeways and Pedestrian Trails: Bikeways and pedestrian trails provide an alternative mode of transportation as well as an outdoor activity that has the added benefit of connecting people with other points of interest. In January 2013, Yuba County adopted an update to the Yuba County Bikeway Master Plan, which lists and prioritizes projects and their estimated costs.
2022-2023 UPDATE: County was recently awarded a grant through a Sustainable Transportation Planning Grant cycle to complete a Bicycle and Pedestrian Mobility Plan (update to Yuba County Bikeway Master Plan).
City of Live Oak Projects:
Complete Live Oak Community Trail Project: This one‐mile rail conversion project establishes a dedicated bicycle and pedestrian trail through the center of Live Oak on former railroad right‐of‐way. The project has four phases, with the first phase completed in 2010 and the third phase completed in 2015.
DRAFT
27 2022-2023 UPDATE: Phase 4 will be completed during 2022/2023. Phase 4 runs from Kola Street to Epperson Way utilizing the old Railroad Right of Way. It includes a bike/pedestrian trail and landscaping. The city continues to seek funding for phase 2.
City of Marysville Projects:
Ellis Lake Restoration: A public works project to restore the 37‐acre Ellis Lake area (between 9th and 16th streets and from B to D streets). This park and open space is a regional landmark attracting visitors from throughout the Yuba‐Sutter area and the north state region. The lake was developed in the 1930s by the Work Progress Administration (later renamed Work Projects Administration). The intended scope of work would include a master plan for facility improvements around the lake, including parking, lighting, landscaping, and irrigation, together with water quality improvements for the lake itself.
2022-2023 UPDATE: The city, with the assistance of YSEDC has applied for a $2.4 million Proposition 68 grant to make improvements and add amenities to the greenspace around the lake. The city will continue to look for funding opportunities to allow for improvements.
City of Wheatland Projects:
Wheatland Aquatic Center: The City of Wheatland received a generous $1 million private donation for future operations, maintenance and recreational programming of a future Wheatland Community Pool. The city has seven years to complete the project beginning July 2019. 2022-2023 UPDATE: The city submitted a Prop 68 Rural Recreation and Tourism Facilities grant in January 2022.
Award announcements are expected later this year
City of Yuba City Projects:
Yuba City Pedestrian Trail – Railroad Right of Way Conversion: The project includes the conversion of existing railroad right of way, across the city, to facilitate a bike and pedestrian trail that ultimately links the Sutter Bike Path from the west to the east into the city’s bike network and across the city’s 5th Street Bridge. Ultimately connecting into the trail network in Marysville/Yuba County. This is a multi-phased project that will promote quality of life and ultimately economic development for the city. 2022-2023 UPDATE: The first phase involves completing a Feasibility Study with assistance from a $200,000 Caltrans grant. The Feasibility Study will be completed in 2023. Final design and construction will be substantially more expensive since there are two crossings of State Highways, as well as numerous city arterial street crossings.
Sutter Bike Path Extension: The project includes extending the existing bike path within the City right-of-way from Hooper Road to Harter Parkway and along Harter Parkway from State Route 20 to Butte House Road. 2022-2023 UPDATE: Final design is in progress with construction anticipated to commence and BE completed in 2023.
Plumas Street Historic District and Water Tower Park Improvements: The project will help transform, beautify, and connect the Plumas Street Historic District with other improvements already completed in downtown Yuba City to create a cohesive downtown area enhancing civic pride and drawing businesses and visitors to this shopping and recreation district. Project elements include improvements to the Water Tower Park lighting improvements, construction of placemaking gateway arch, and development of a "Clean and Safe Yuba City" litter abatement campaign.
2022-2023 UPDATE: The City was awarded a $2,234,888 grant from Clean California Local Grant. It is anticipated that the project will be completed in 2023.
DRAFT
28 Tactic 2 – Promote and support collaboration and shared resources for regional public safety:
Regional Projects:
Sutter Yuba Homeless Consortium: The purpose of the Sutter Yuba Homeless Consortium (SYHC) is to connect our homeless population with programs and services that can help them overcome obstacles that are preventing permanent housing solutions for individuals and families. In 2022, SYHC clients achieved the following:
• Employment: 31 clients obtained employment
• Education: 55 children and youth achieved basic grade levels, 100 adults demonstrated improved basic education
• Income and Asset Building: 140 individuals achieved and maintained capacity to meet basic need for 180 days.
• Housing: 407 households obtained safe temporary shelter and 117 obtained safe and affordable housing.
Sutter County Projects:
Better Way: Better Way Shelter is a low barrier homeless shelter that provides 40 individuals with a temporary place to stay for up to three months. This voluntary program works with single individuals 18 years old and above who are Sutter County residents. Participants in the shelter work alongside a case manager and housing navigator to find transitional or permanent housing. Better Way follows the Housing First model and case managers work with participants to secure housing while receiving supported services. 2022-2023 UPDATE: In 2022, Better Way added electricity to all the units to support the HVAC system which allows for the units to be warmer in the cold winter and cooler in the hot summer days. This was a priority for the county as the extreme heat and cold temperatures were not conducive to our medically fragile population. Better Way provided services to 128 participants and provided shelter for 10,788 nights. Of the 128 individuals served, 35 exited into Permanent Housing living independently and 2 were reunited with family.
Yuba County Projects:
14FORWARD Homeless Temporary Shelter
Yuba County partnered with several nonprofit agencies and the private sector to develop 14FORWARD, the first temporary shelter and resource center for the homelessin the region. The site includes 205two-person structures, an onsite manager, dog facility, and provides services and resources to move the homeless toward permanent employment and housing.
2022-2023 UPDATE: The management of the project was taken over by The Salvation Army Yuba-Sutter Corps. 14Forward upgraded the interiors of all 25 temporary structures including new flooring, new insulation and new walls. In 2022, the facility served 163 people and provided 10,581 shelter nights.
Yuba City Projects:
The City of Yuba City added four new projects concerning safety:
Local Roadway Safety Plan
The plan will create a framework to systematically identify, analyze, and prioritize safety improvements on roads in Yuba City.
Citywide Signal Hardware Upgrades
The project will improve signal hardware at 56 intersections throughout Yuba City. Improvements will include installation of new reflective backplates and upgrades to bulbs and lenses.
Roadway Safety Signing Audit and Upgrades
The project will evaluate roadway signing on critical corridors in Yuba City for safety and generate the necessary information and prioritization to proceed with signage replacement and installation.
DRAFT
29 Pedestrian Safety Crosswalk Upgrades
The project will improve crosswalks at 15 unsignalized intersections, primarily near schools, in Yuba City.
Improvements will include installation of high visibility striping to crosswalks, advance stop bars, and yield lines.
Tactic 3 – Promote the role of the Yuba-Sutter Economic Development District: YSEDC/YSEDD completed the 2022 annual updates in March 2022 which were submitted and approved by EDA. All updated documents were made available on YSEDC’s website and promoted through social media platforms and email blasts. YSEDC and the CEDS committee is currently working on 2023 update and anticipates it will be completed March 2023.
Economic Disaster, Recovery and Resiliency
Mitigation planning is essential to the region’s ability to withstand and recover from disasters.
Yuba County Office of Emergency Services has completed its five-year update of its Multi-Jurisdictional MultiHazard Mitigation plan (MJMH plan). This 2021 Local Hazard Mitigation Plan (LHMP) Update serves to update the 2015 Federal Emergency Management Agency (FEMA) approved Yuba County LHMP. The purpose of hazard mitigation is to reduce or eliminate long-term risk to people and property from hazards. Yuba County, two incorporated communities, and nine special districts prepared this LHMP Update. The purpose of Yuba County LHMP is to make the County and its residents less vulnerable to future hazard events. https://www.yuba.org/departments/emergency_services/multi-hazard_mitigation.php.
Yuba County maintains a comprehensive emergency services webpage that provides current information for disaster, flood and emergency preparedness, and resources and tools. https://www.yuba.org/departments/emergency_services/about_yuba_county_oes.php Sutter County has completed its update for its Local Hazard Mitigation Plan (LHMP). Sutter County partnered with the cities of Yuba City and Live Oak and several special districts to update their 2013 Local Hazard Mitigation Plan (LHMP). Flood, drought, earthquake, and wildfire are just a few of the hazards to Sutter County. While natural hazards such as these cannot be prevented, an LHMP forms the foundation for a community's long-term strategy to reduce disaster losses by breaking the repeated cycle of disaster damage and reconstruction. https://www.suttercounty.org/government/county-departments/emergency-services/office-of-emergencymanagement-oem/hazard-mitigation.
Sutter County maintains a comprehensive Emergency Services webpage that provides current information for disaster, flood and emergency preparedness, and resources and tools. https://www.suttercounty.org/government/county-departments/emergency-services/office-of-emergencymanagement-oem/flood-preparedness In 2021, YSEDC completed a Yuba-Sutter Pandemic and Disaster Economic Recovery and Resilience plan. This plan is prominently displayed on YSEDC’S website, https://www.ysedc.org/strategy.
Yuba Water Agency
Yuba Foothills Healthy Forest Project – In 2019, Cal Fire awarded $4.5 million to Yuba Water Agency and partners to fund needed forest health treatments in the Yuba County foothills. The project is a collaborative effort that includes Yuba Water, the Plumas National Forest, Yuba Watershed Protection and Fire Safe Council, private timber companies and landowners. This grant is supporting significant biomass removal treatments on 5,375 acres in the Yuba County foothills, all of which are adjacent to communities with limited resources for fire risk reduction efforts, including Oregon House, Dobbins, Brownsville, Challenge, and Rackerby. These treatments will improve DRAFT
30 forest health and reduce the risk of a catastrophic wildfire within a “Project Impact Zone” that spans more than 71,000 acres and includes an estimated 2,721 structures. This project began implementation in 2020 and is expected to be completed in 2024.
North Yuba Forest Partnership is a diverse group of nine organizations passionate about forest health and the resilience of the North Yuba River watershed. Together, the partners are working on an unprecedented scale to collaboratively plan, analyze, finance and implement forest restoration across 275,000 acres of the watershed. Through ecologically-based thinning and prescribed fire, the partnership seeks to protect North Yuba communities from the threat of catastrophic wildfire and restore the watershed to a healthier, more resilient state. Restoration efforts are expected to take many years, if not decades to complete, with the most critical project areas targeted first, i.e. at-risk communities, emergency response, evacuation access routes and treatments to areas that have the potential to stop a wildfire from spreading. In FY 2022 $6.8 million in Bipartisan Infrastructure Law funding (BIL) was expended and for 2022 through 2024 a total of $25.5 million in BIL funding is expected.
PG&E has instituted a Safety Action Center to make sure families, homes and communities are ready to face emergencies and natural disasters. The Safety Action Center provides useful information to help residents and businesses prepare. Through its Resilient Together project, PG&E has worked with Resilient Together Advisory Groups across its five service regions to consult and lead community engagement on equitable climate change planning in Disadvantaged Communities. This has included outreach in Yuba and Sutter Counties and will identify where to invest in targeted climate resilience programs and infrastructure. The outreach and advisory group findings will be published in the forthcoming, first ever Climate Vulnerability Assessment that will be submitted to the California Public Utilities Commission.
Report on Economic Development Activities
Yuba-Sutter Economic Development Corporation is committed to maintaining an understanding of the community it serves and is actively involved by having a seat on boards, commissions, projects and events within the community. Workforce Investment Board, Sutter-Yuba Homeless Consortium, California Finance Consortium, Yuba-Sutter Lodging Association, local nonprofit capacity building and the military privatization P4 initiative are just some of the boards/organizations/programs of which are comprehensive and achievable goals of the CEDS.
YSEDC engaged in the following economic development activities throughout the 2022 year to support the implementation of CEDS. The following provides a summary of these activities that:
• Promote economic development and opportunity
• Support efforts to attract, maintain, promote and expand regional industries and businesses • Maximize effective development, alignment and use of workforce • Provide technical support and access to business and financial resources • Obtain and utilize adequate funds and other resources • Support the work of local governments in their efforts to provide sound physical infrastructure Promote Economic Development and Opportunity
Activity Time Frame
1. Implementation of the Regional Comprehensive Plan Ongoing
2. Maintain Economic Development District status for the region. This includes preparing the following documents:
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31 • Comprehensive Economic Development Strategy (CEDS) 2020-2025 • Update CEDS appendices I, IV and V
• CEDS Annual Performance Report
• Conduct a regional SWOT Analysis every five years
Completed
Annually
Annually
FY2026 – 2030
3. Collaboration and coordination with state, regional, county, and local economic efforts.
• Serve on committees and boards to provide guidance
• Provide venues for collaborative meetings
Ongoing
4. Provide technical assistance to jurisdictions through technical assistance programs
• Maintain data mining tools on YSEDC site
• Provide socioeconomic, transportation, demographic, etc. data as needed
• Assist with grant research, writing, administration as needed Ongoing
Support efforts to attract, maintain, promote and expand regional industries and businesses Activity Time Frame
1. Maintain and continue Business Attraction Program
• Continue to partner with Greater Sacramento Economic Council, Center for Economic Development, Go-Biz, etc.
• Respond to RFP’s
Ongoing
2. Maintain and ensure Yuba-Sutter Business Consortium remains viable to private and public sectors
• Provide venue, schedule and conduct meetings, develop and maintain programs and maintain administrative functions
• Ensure collaboration and interest of partners
• Review, develop and lead programs of the consortium
Ongoing
3. Promote, support and enhance agriculture-based tourism • Serve on the Board of Yuba-Sutter Lodging Association • Continue to develop Highway 65 corridor and Sports and Entertainment Zone.
Ongoing
4. Promote the continued viability of military installations near the region. • Promote and protect Beale Air Force Base as the region’s largest employer
• Support expansion of Beale’s existing missions, recruitment of new missions, and regional pledge to protect Beale from reduction or closure • Provide support for Beale Air Force Base’s infrastructure needs DRAFT
Ongoing
32 5. Brand and Market the region for development, investment, and regional growth.
• Create marketing campaign for business attraction
• Promote visitor services and tourism
• Collaborate with private and public sector organizations to increase marketing of Yuba-Sutter
Ongoing
Maximize effective development, alignment and use of workforce Activity Time Frame
1. Support the efforts of and collaborate with workforce development centers, community one stops, colleges and universities.
• Ensure continued partnerships with local agencies and educational institutions
Ongoing
Provide technical support and access to financial resources Activity Time Frame
1. Continue to assist jurisdictions with infrastructure development projects by providing technical assistance, funding opportunities and resources Ongoing
2. Continue Bear Essentials program to provide businesses with access to resources, tools and lending programs
• Conduct two business walks within the district annually • Conduct business resource workshops
• Conduct and/or assist with business development workshops • Assist businesses with expansion projects
• Foster growth and development of local firms to create and retain jobs, increase the business and tax base
• Provide financial readiness and loan accelerator program • Provide business education workshops
Ongoing
Obtain and utilize adequate funds and other resources
Activity Time Frame
1. Pursue additional funding from EDA while leveraging funding from additional private and public sources.
• Pursue EDA funds for Lending Program
• Pursue EDA funds for infrastructure for Highway 65 corridor and Sports and Entertainment Zone
Ongoing
2. Continue providing information on local, state, and federal economic and infrastructure development programs
Ongoing
3. Continue to provide administration and reporting of EDA-funded Yuba County Taxiway Project
Completed
4. Pursue funding from other sources for Multi-Jurisdiction Multi-Hazard Mitigation
Completed
Support the work of local governments in their efforts to provide sound physical infrastructure Activity Time Frame
1. Maintain communication with jurisdiction leaders regarding public works projects, provide technical assistance and funding sources as needed.
Ongoing
DRAFT
33 • Ensure public works projects are included in CEDS document and progress is annually updated and reported.
Schedule of Goals - YSEDC
1. YSDEDC will continue to assist in the development and implementation of the CEDS by providing research, statistical updates, printing, planning and scheduling CEDS Committee meetings.
2. YSEDC will provide both technical assistance, demographic and economic mining resource tools, and capital access for both the public and private sectors through grant research and writing and small business loans throughout the year.
3. YSEDC to continue its community involvement by maintaining memberships, seats and associations with public, private, and non-profit organizations to maintain an excellent overview of the economic conditions of the district.
4. YSEDC to continue its two business walks (fall and spring), surveys, and business development assistance programs to maintain a comprehensive understanding of the needs and desires of the stakeholders of the community and to assist in employment development.
Schedule of Goals - Region
The region will continue to work toward achieving its goals as stated in the CEDS and support the public works projects of the member jurisdictions within the District.
DRAFT
ATTACHMENT 3
2020-2025
COMPREHENSIVE
ECONOMIC
DEVELOPMENT
STRATEGY
APPENDIX I
DATA
PROFILES
BUILDING PROSPERITY
IN THE YUBA-SUTTER REGION
Updated January 1, 2023
DRAFT
DRAFT
1 ECONOMIC STRENGTH RANKING
In 2022, Yuba City, CA MSA moved to an economic strength ranking of 85 out of 384 MSAs, up 189 places from 2016
Economic strength rankings measure how the economy has behaved, not why. A local economy is defined by where people live and work, earn and spend. The criteria to determine the economic strength are industrial sectors and consistency of growth (rate or stability).
Metropolitan Statistical Areas (MSA) have at least one urbanized area with a population of at least 50,000, plus adjacent territory (counties) which have a high degree of social and economic integration with the core as measured by commuting. The Yuba-Sutter region is identified as Yuba City, CA MSA. There are 384 MSAs in the United States.
Industrial Sectors
Group 1 – Industrial sectors reflect overall growth in size and quality. The quality of the economy is based upon what people earn, as individual earnings influence a person’s “standard of living”.
All Workers - Earnings, Jobs and Wages
Per Capita Total Worker Earnings, Personal Income and Earnings by Residences
Wage & Salaried Workers - Earnings
Wage & Salaried Workers – Jobs and Wage and Salaried Worker Wages Group 2 – These sectors reflect how the economy is behaving. Small businesses and the construction and retail industries are extremely reactive to the “flow of money” coming into an area. They typically grow or decline in direct proportion to the condition of the economy. There are, of course, exceptions. Areas, which have become destinations for retirement age individuals will have high growth numbers in both construction and retail, while they might not have a strong economy.
Non Farm Proprietors - Earnings, Jobs and Wages
Construction - Worker Earnings, Jobs and Wages
Retail - Worker Earnings, Jobs and Wages
Group 3 – These sectors are negative sectors. Growth in these reflects a poor economy.
Per Capita Income Maintenance (Welfare)
Actual Per Capita Income Maintenance (Welfare)
Per Capita Medical Assistance for the Poor (Medicaid)
Actual Per Capita Medical Assistance for the Poor (Medicaid) Consistency of Growth
Simply identifying the areas that have the fastest or slowest growth rates is insufficient when trying to determine the character of a local economy. The rate, consistency, or stability of the growth area equally important.
Yuba City, CA MSA
has improved its
ranking by 189
since 2016.
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
85 98 99 121 181 237 274 246 253 227
ECONOMIC STRENGTH RANKINGS
DRAFT
2 EMPLOYMENT/OCCUPATION OVERVIEW
EMPLOYMENT TRENDS
The region has a civilian labor force
of 75,600 and as of 2022Q4, total
employment for the Yuba City, CA MSA
was 70,800. Industry employment for
the area was 52,700 and was down by
0.6 from the previous year. Over the year
ending 2022Q4, there was no change in
total employment from the prior year,
although there was a decrease of 200
in the labor force. Industry employment
for the area was 52,700 and was down
by 0.6 from the previous year.
UNEMPLOYMENT RATE
The unemployment rate for the Yuba
City, CA MSA was 6.3 percent as of
December, 2022, down from the year-ago estimate of 6.6 percent. This compares with an unadjusted employment rate of 3.7 percent for California and 3.3 percent for the nation during the same period. The unemployment rate was
7.1 percent in Sutter County, and 6.2 percent in Yuba County.
WAGE TRENDS
The average worker in the Yuba City, CA
MSA earned annual wages of $54,673
as of 2022Q3. Average annual wages
per worker increased 4.4% in the region
over the preceding four quarters. For
comparison purposes, annual average
wages were $68,132 in the nation as of
2022Q3.
OCCUPATION SNAPSHOT
The largest sector in the Yuba City,
CA MSA is Health Care and Social
Assistance, (9,099 workers). The
next-largest sectors in the region
are Retail Trade (6,587 workers) and
Accommodation and Food Services
(5,947). High location quotients (LQs)
indicate sectors in which a region has
high concentrations of employment
compared to the national average.
The sectors with the largest LQs in
the region are Agriculture, Forestry,
Fishing and Hunting (LQ = 7.50), Public
Administration (1.74), and Utilities
(1.56).
Sectors in the Yuba City, CA MSA with
the highest average wages per worker
are Mining, Quarrying, and Oil and Gas
Extraction ($100,606), Management of
Companies and Enterprises ($94,489),
and Public Administration ($83,317).
Regional sectors with the best job
growth over the last 5 years are
Accommodation and Food Services
(+2,113 jobs), Health Care and Social
Assistance (+1,141), and Transportation
and Warehousing (+1,079).
Over the next 1 year, employment in
the Yuba City, CA MSA is projected to
expand by 579 jobs. The fastest growing
sector in the region is expected to be
Accommodation and Food Services with
a +2.1% year-over-year rate of growth.
The strongest forecast by number of
jobs over this period is expected for
Health Care and Social Assistance
(+167 jobs), Accommodation and
Food Services (+125), and Agriculture,
Forestry, Fishing and Hunting (+77).
DRAFT
3 The largest major occupation group in the Yuba City, CA MSA is Office and Administrative Support Occupations, (5,646 workers). The next-largest occupation groups in the region are Transportation and Material Moving Occupations (5,527 workers) and Sales and Related Occupations (4,995). High location quotients (LQs) indicate occupation groups in which a region has high concentrations of employment compared to the national average. The major groups with the largest LQs in the region are Farming, Fishing, and Forestry Occupations (LQ = 9.53), Educational Instruction and Library Occupations (1.34), and Healthcare Support Occupations (1.30).
Occupation groups in the Yuba City, CA MSA with the highest average wages per worker are Healthcare Practitioners and Technical Occupations ($114,400), Management Occupations ($107,000), and Computer and Mathematical Occupations ($102,900). The unemployment rate in the region varied among the major groups from 1.8% among Healthcare Practitioners and Technical Occupations to 10.6% among Food Preparation and Serving Related Occupations.
Over the next 1 year, the fastest growing occupation group in the Yuba City, CA MSA is expected to be Healthcare Support Occupations with a +2.6% year-over-year rate of growth. The strongest forecast by number of jobs over this period is expected for Healthcare
Support Occupations (+84 jobs)
and Food Preparation and Serving
Related Occupations (+82). Over
the same period, the highest
separation demand (occupation
demand due to retirements
and workers moving from one
occupation to another) is expected
in Food Preparation and Serving
Related Occupations (959 jobs)
and Transportation and Material
Moving Occupations (765).
INDUSTRY SNAPSHOT
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
Industry Snapshot 2019 - 2022
Empl 2019 Q3 Empl 2020 Q3 Empl 2021 Q2 Empl 2022 Q3
DRAFT
4 BUSINESS ESTABLISHMENTS
TOP 10 EMPLOYERS - SUTTER COUNTY (2022)
The Yuba-Sutter region’s number of
covered employment establishments
(Businesses whose employees are covered
by unemployment insurance benefits)
grew 13.56 percent over the past 10
years from 4,724 to 5,355. There was a
substantial dip in the growth in 2012 as a
direct result of the 2009 recession which
came a bit slower to the area. However
the region recuperated steadily in the
following years and continues to grow.
TOP 10 EMPLOYERS - YUBA COUNTY (2022)
Company Name No. of Employees* Industry Type
Yuba City Unified School District 1,556 Education
Legend Transportation, Inc 1,000 Transportation
Sutter County 959 Government, Local
Rush Personnel 600 Employment Services
Sunsweet Growers Inc. 600 Food Processing
Sutter North Yuba City 475 Healthcare
Sysco Sacramento, Inc. 460 Food Distribution
Walmart - Yuba City 400 Retail - General
Express Employment Professionals 375 Employment Services City of Yuba City 300 Government, Local
Company Name No. of Employees* Industry Type
Beale Air Force Base - Military & Civilian 7,896 Military Adventist Health + Rideout 2,400 Healthcare
Marysville Joint Unified School District 1,225 Education Hard Rock Hotel & Casino 1,135 Hospitality
Yuba County 851 Government, Local
Caltrans DOT Transportation Dept. 720 Government, State Yuba College (Marysville Campus) 708 Education
Bishops Pumpkin Farm* 450 Agriculture
Walmart - Marysville 405 Retail - General
Frank M. Booth 370 Construction
* Number of employees includes part-time and seasonal workers DRAFT
5 GROSS DOMESTIC PRODUCT
Gross Domestic Product (GDP) is the total value of goods and services produced by a region. In 2021, nominal GDP in the Yuba City, CA MSA expanded 7.8 percent. This follows growth of 3.2 percent in 2020. As of 2021, total GDP in the Yuba City, CA MSA was $8,104,050,000
Of the sectors in the Yuba City, CA MSA, Unclassified contributed the largest portion of GDP in 2021, $765,844,000 The next-largest contributions came from Public Administration ($654,761,000); Health Care and Social Assistance ($638,062,000); and Real Estate and Rental and Leasing ($611,890,000).
Gross Domestic Product data are provided by the Bureau of Economic Analysis DRAFT
6 POPULATION, AGE & HOUSEHOLDS
According to the California
Department of Finance, Sutter
County’s preliminary estimated
population for January 2022 was
98,908 an increase of 0.2 percent
over January 2021 data. About 70.3
percent or 69,663 Sutter County
residents reside in Yuba City, the
county seat and largest city. The
population of Yuba City increased
by 0.2 percent from the previous
year. Yuba City serves as the
center for shopping and business
for Sutter and Yuba counties as
well as parts of Butte and Colusa
counties. Sutter County’s total
population is projected to reach
101,757 residents by the year
2025, an increase of 7 percent over
Census 2010 figures. The county’s
population is projected to increase to 120,143 (26.6 percent) by 2060.
Yuba County’s preliminary estimated population for January 2022 was 82,275 an increase over 2021 data of 0.4 percent. The largest city within the county, Marysville, is the county seat and one of California’s most historic cities.
It’s history as a community dates to California’s Gold Rush era. Much of Yuba-Sutter’s agricultural, recreational, educational and industrial activities are located within Yuba County. Of the Yuba County population, nearly 80 percent reside in the unincorporated areas. The population in Yuba County is projected to reach 78,123 by the year 2025, an increase of 10 percent above the 2010 census. Yuba County’s population is projected to increase to 88,592 (22.5 percent) by 2060.
As the area’s population is expected to increase 15 percent over the next 30 years, the cities and counties are working to manage this growth by improving infrastructure elements such as roads, water, wastewater, and levee systems. Special attention to major transportation arteries will be especially critical.
Households
According to the U.S. Census Bureau, the average number of persons per household is 2.89 and 70.6 percent are family households and 49.4 percent are married couples. The 2016-2020 American Community Survey estimates that there are 63,026 housing units in the region with 1.3 percent homeowner vacancy and 3.1 percent rental vacancy. There are 21 percent more households who own their homes than there those who are renters.
DRAFT
7 INCOME AND SPENDING
Households in Yuba and Sutter Counties earn a median annual income of $61,676 and 38.29 percent of the households earn more than the national households average each year. Household expenditures average $61,081 per year.
$61,676
Median Household Income
27.5% less than the state
5.4% less than the nation
The majority of earnings get spent on shelter, transportation, food and beverages, healthcare, and utilities.
Consumer expenditures increased 5.45 percent over the previous year and reflect the increase in the cost of living. For comparison purposes the cost of living increase for the nation was 5.21 percent and 5.5 percent for the state of California.
Shelter
$13,327 $11,565 $9,347 $5,320 $4,683
Transportation Food and
Beverages
DRAFT
Health Care Utilities
8 EDUCATIONAL ATTAINMENT
School enrollment for the population, ages three years and older in Yuba City MSA, includes nursery and preschool, kindergarten, elementary, high school, college and graduate school. In 2013-2017 U.S. Census Bureau American Community Survey five-year estimates indicate there was 48,297 or 26.31 percent of the region’s population in school.
29.88 percent of the population in Yuba and Sutter Counties have an Associate’s Degree or higher. This attainment increased 2.61 percent over the previous year. 57.04% have completed some college or higher. < Grade 9
8.80%
Grades 9-12
10.31%
High School
23.68%
Some College
27.10%
Assoc Degree
10.86%
Bach Degree
13.22%
Grad Degree
6.03%
Expected growth rates for occupations vary by the education and training required. While all employment in the Yuba City, CA MSA is projected to grow 1.0% over the next ten years, occupations typically requiring a postgraduate degree are expected to grow 1.2% per year, those requiring a bachelor’s degree are forecast to grow 1.0% per year, and occupations typically needing a 2-year degree or certificate are expected to grow 1.0% per year.
DRAFT
9 POVERTY
Poverty thresholds (U.S. Census Bureau) represent a federal government estimate of the point below which a household of a given size has pre-tax cash income insufficient to meet minimal food and other basic needs. The poverty rate for the Yuba-Sutter region typically has been higher than both national and state levels. American Community Survey 2021 poverty estimates the percentage of Yuba‐Sutter’s families for which poverty status is determined to be at 16.4 percent compared to the state’s percentage of 12.3 percent and USA’s level of 12.8 percent. The overall poverty rate (16.4 percent) for the region is trending down after peaking in 2015 (19.85 percent) but increased 2.4 percent from 2020 levels.
DRAFT