Subdivision Agreement
Final Map of Harter Estates South
Subdivision
Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
23. Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
24. Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Sutter County Recorder.
25. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
26. Successor Statutes Incorporated. All references to a statue or ordinance shall incorporate any or all successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to Subdivider under this Agreement.
27. Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.
Subdivision Agreement
Final Map of Harter Estates South
Subdivision
28. Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
29. No Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider without the written consent of City.
30. Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
31. Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
32. Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
33. Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City’s Director of the Department of Public Works issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Sutter County Recorder.
34. Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.
35. Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes
Subdivision Agreement
Final Map of Harter Estates South
Subdivision
all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. ****
[Signatures on Next Page]
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement
CITY OF YUBA CITY,
a General Law City
By:
Diana Langley, City Manager
ATTEST
By:
Ciara Wakefield, Deputy City Clerk
Dated: ______________________
APPROVED AS TO FORM:
By:
Shannon L. Chaffin,
SUBDIVIDER
D.R. Horton CA2, Inc., a California
corporation
By:
Bonnie Chiu
Vice President
Dated:_________________________
*(Attach Notary Acknowledgments)
City Attorney
Attachments:
Exhibit A: Planning Commission Resolution No. PC 21-10 – Conditions of Approval Exhibit B: Impact Fees and Other Fees Due Payable by Subdivider Exhibit C: Fee Credits and Reimbursements Payable by City
EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. PC 21-10
CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. PC21-10
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY
CONTINGENTLY APPROVING THE HARTER ESTATES SOUTH SUBDIVISION (TENTATIVE SUBDIVISION MAP (TSM) 19-04) LOCATED ON THE WEST SIDE OF THE HARTER SPECIFIC PLAN AREA, EAST OF RUTH AVENUE; ASSESSORS PARCEL NUMBERS 62-310-011 AND 62-310-013.
WHEREAS, the City of Yuba City Council approved the Harter Specific Plan on October 26, 2004, which provided for mixed-use commercial, residential, office and open space uses on approximately 180 acres located north of State Highway 20 and along the east and west sides of Harter Parkway; and
WHEREAS, in 2019 Harter Packing Company, LLC, ("Developer") submitted a tentative subdivision map (Harter Estates South TSM 19-04, or "TSM 19-04") to subdivide the approximately 15.4-acre area in a portion of the Southwest Corner of the Harter Specific Plan area APNs (62-31 0-011 and 62-31 0-013) ("Property"); and WHEREAS, TSM 19-04 proposed to subdivide the approximately 15.4-acre property into 77 single-family residential lots. The new lots will be provided full City services. A Remainder parcel of 13.17 acres is also proposed; and
WHEREAS, this property is within Yuba City's city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, the Developer has also submitted applications for Addendum EA 19-01 , General Plan Amendment No. 19-01, Specific Plan Amendment No. 19-01 , Rezoning 19-01, and the Second Amendment to Development Agreement, as well as proposals to subdivide other portions of the Harter Specific Plan area; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Addendum to the Harter Specific Plan and Yuba City Marketplace Environmental Impact Report (SCH #2002042058) ("Addendum") as proposed by the environmental assessment (EA 19-01) for the Project; and WHEREAS, the City of Yuba City on April16, 2021, published a legal notice in compliance with State law concerning Planning Commission consideration of TSM 19-01 in the AppealDemocrat, a local newspaper of general circulation, which included the date and time of the Planning Commission consideration of a recommendation for the approval of the TSM. In addition, on or prior to April 16, 2021 , a public hearing notice was mailed to each property owner within at least 300 feet of the project site, as well as to all property owners within the Harter Specific Plan area, indicating the date and time of the public hearing regarding the proposed Project (including the TSM) in accordance with State law; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 28, 2021 , at the City Council Chambers located at 1201 Civic Center Boulevard on Addendum EA 19-01 , General Plan Amendment No. 19-01, Specific Plan Amendment No. 19-01, Rezoning 19- 01 , and the Second Amendment to Development Agreement, and at the meeting considered all 01248.0005/712757.1 1
of the project and environmental information recommended to the City Council certification of the EIR, ·and approval of the Harter Specific Plan, GPA and Rezoning; and WHEREAS, on April 28, 2021 , at the conclusion of the hearing the Planning Commission recommended the City Council approve Addendum EA 19-01, General Plan Amendment No. 19- 01, Specific Plan Amendment No. 19-01, Rezoning 19-01, and the Second Amendment to Development Agreement; and
WHEREAS, immediately following the conclusion of the hearing on those matters, the Planning Commission conducted a duly noticed public hearing on the Harter Estates South TSM 19-04, at which time it received input from City Staff, the City Attorney's office, and the Developer; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission of the City of Yuba City, after which public testimony was closed; and
WHEREAS, to accommodate the Developer's request to consider the TSMs in conjunction with the approval of the other entitlements noted above, Planning Commission now to desires to contingently approve TSM 19-04 such that no decision of approval of TSM 19-04 becomes final and effective until immediately after the City Council certifies the Addendum to the Environmental Impact Report (SCH #2002042058) for the Harter Project, and approves Addendum EA 19-01, General Plan Amendment No. 19-01, Specific Plan Amendment No. 19-01 , Rezoning 19-01, and the Second Amendment to Development Agreement; and if no such approval occurs within 180 days of the adoption of this Resolution, then the Planning Commission intends that TSM 19-04 be set for further consideration and a final decision by the Planning Commission; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City resolves and orders as follows:
1. Recitals. The Planning Commission hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project, including TSM 19-04, and has prepared an Addendum to the EIR as described above to evaluate the environmental effects of the Project, including development of the proposed tentative map area. The Planning Commission has fully considered the Addendum, and has concurrently recommended it for approval by the City Council. The Planning Commission finds that TSM 19-04 is consistent with, and has been fully assessed by, the Addendum, and that TSM 19-04 is an entitlement specifically anticipated for the proposed Project in the Addendum, and are consistent with the purpose and intent of the EIR as described in the Addendum. As such, TSM 19-04 has been fully environmentally assessed, and not further assessment is required by CEQA.
3. Subdivision Findings: The Planning Commission determines that none of the findings required by Yuba City Municipal Code Section 8-2.609, and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project, or that findings regarding flood protection cannot be made. To the contrary, the Planning Commission finds as follows:
01248.0005/712757.1 2
a. The proposed tentative subdivision map is consistent with the applicable general plan and specific plan.
Support. There is no evidence that the proposed subdivision is inconsistent with either the General Plan or the Harter Specific Plan. To the contrary, the amended Harter Specific Plan implements the goals and policies of the City's General Plan. It establishes the land use designations, planning principles and project objectives and design guidelines for the plan area consistent with the General Plan as amended. For example, the subdivision create lots for single-family residential, multiple-family residential, commercial, office and public uses. The boundaries of these parcels match the boundaries of the Specific Plan as well as the General Plan, which are the only plans applicable to this Project. Additionally, proposed Lots 1 through 77 on 15.4 acres are designated in the General Plan as LOR which provides a gross residential density range of 2 to 8 residences per acre. The proposal is for approximately 5.0 residences per acre, which is within the General Plan density standard. A Remainder parcel of 13.17 acres is also proposed, and would be developed pursuant to a separate application (TPM 19-01 ). This is also within the gross residential density range approved by the General Plan. The subdivision is consistent with both the General Plan and Harter Specific Plan as amended.
The Planning Commission has reviewed the analysis and all evidence presented in this matter, and determines that proposed TSM 19-04 is consistent with Specific Plan Amendment 19-01, has also found the Specific Plan Amendment is consistent with the General Plan as amended by General Plan Amendment 19-01 , and as such, TSM 19- 04 is also therefore consistent with the General Plan.
b. The design and improvement of the subdivision map is consistent with applicable general and specific plans or adopted City standards.
Support. As discussed immediately above, this subdivision meets all General Plan consistency requirements. The TSM is consistent with the General Plan as amended by GPA 19-01 and the Specific Plan as amended by SPA 19-01. Additionally, the proposed parcel sizes, as shown on the tentative subdivision maps, meet the City's zoning minimum parcel size and are therefore of adequate size and design to accommodate the uses that will be permitted on them. The property will be improved with new or expanded street system, and the project will also be provided with full City services that meet all City standards. The project is conditioned to meet all City development and improvement standards including water, wastewater and stormwater drainage systems, street cross-sections, streetscape landscaping, and parks. Each new lot meets the minimum lot size requirements required of the R-1 Zone District.
The design and improvement of the tentative map meet all City standards. c. That the site is physically suited for the density of development.
Support. There is no substantial evidence in the record that the site is not physically suited for the density of development being proposed. Each new lot will meet or exceed the minimum lot sizes required by the relevant zone district. The proposed subdivision was thoroughly analyzed and compared to the Specific Plan and General Plan, and the proposed density of development is appropriate for this site and is physically suited for the proposed development density. The site is flat and has all 01248.0005/71275 7.1 3
City services available to it, or in the case of stormwater drainage, the system will be designed and constructed to be part of a larger drainage system operated by the City and County that serves the greater area. The EIR and associated Addendum prepared for the project did not find any physical factors associated with the property that would render it unsuitable for the proposed density of development. d. That the site is physically suited for the type of development.
Support. There is no substantial evidence in the record that the site is not physically suited for the type of development being proposed. The proposed subdivision was thoroughly analyzed and compared to the Specific Plan and General Plan, and the proposed development is physically appropriate for this site and is physically suited for the proposed development. Additionally, all relevant CEQA environmental concerns were addressed in the EIR and the associated Addendum that was prepared for the Project and its subdivisions, including flooding, drainage, and other items dealing the with physical characteristics of the site. The proposed subdivision complies with the allowable land use and residential planned land use density and acreage allocations, and with the goals, objectives, and policies contained in the Harter Specific Plan and the General Plan. The proposed development meets all adopted standards and requirements, and is physically suited for the type of development being proposed.
e. That the design of the subdivision map or likely improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Support. There is no evidence that the design or improvements will, in themselves, cause substantial environmental damage, etc. The entire Harter Specific Plan is surrounded by existing urban uses, and includes large commercial operations including a Walmart. Regardless, the EIR and associated Addendum prepared for the project compared it with all of the relevant CEQA environmental concerns, including fish and wildlife habitat. Although there are mitigation measures, these are not related to significant impacts associated with design issues of the tentative map. Further, the project has been conditioned with mitigation to reduce the significance of any impacts.
As such, the design of the subdivision map or likely improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the tentative maps or the type of improvements is not likely to cause serious public health problems.
Support. There is no substantial evidence in the record that the design of the tentative map will cause serious public health problems. Every new lot will be connected to City water, wastewater and storm drainage systems, which will avoid public health problems.
g. The application satisfies at least one of the findings found in Yuba City Municipal Code Section 6-9.603- Maps.
Support. This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the "Local Flood Management Agency" for the Sutter-Butte Basin 01248.0005/712757.1 4
and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 65007 (a).
SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such, this site has adequate flood protection. Additionally, the City has imposed conditions on the TSM that will protect property within the area to the urban level of flood protection in urban areas and urbanizing areas. The facilities of the State plan of flood control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non urbanized areas.
h. That the design of the tentative maps or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Support. The tentative map area will be served by public streets that are dedicated to the City for public use. There is no use of private streets or other types of easements that the project would conflict with. There are no known existing easements that will be adversely affected by this subdivision.
4. Approval with Conditions. Based on the aforementioned findings, the Planning Commission hereby approves TSM 19-04 (Exhibit "A") subject to the conditions set forth in Exhibit "B" (TSM 19-04 conditions of approval) attached hereto, which approvals are contingent upon the following:
a. The approval of TSM 19-04 shall become final and effective immediately only after the City Council of the City of Yuba City i) adopts EA 19-01 and approved the Addendum to the Environmental Impact Report (SCH #2002042058) ii) adopts the General Plan Amendment 19-01; iii) adopts Specific Plan Amendment 19-01; and iv) adopts Rezoning 19-01 (collectively "Council Approvals"). If all of the Council Approvals are not made within 180 days of the adoption of this Resolution, then TSM 19-04 shall be returned to the Planning Commission for further consideration and a final decision. If Council Approvals are made within 180 days of the adoption of this Resolution, but any change is made by the Council to any of the Council Approvals in a manner that could reasonably affect the findings of the Planning Commission herein, or require a modification or addition of a condition of approval to be consistent with a Council Approval, then TSM 19-04 shall be returned to the Planning Commission for further consideration and a final decision.
5. Certification. The Secretary shall certify to the adoption of the Resolution and shall transmit copies of the same to the applicant.
6. Final Action and Appeals. This action shall become final and effective 15 days after, and only upon, the Council Approvals including of the approval of the Addendum and adoption of the Harter Specific Plan Amendment, unless within such 15 days an appeal is filed with the City Clerk in accordance with the provisions of the Yuba City Zoning Ordinance.
The foregoing Resolution was duly and regularly introduced, passed and adopted by the Planning Commission of the City of Yuba City at a regular meeting thereof held on April 28, 2021, by the following vote:
01248.0005/ 712757.1 5
Ayes: CHAIRWOMEN BLAKE, VICE CHAIRWOMAN SILLMAN, COMMISSIONER SHAFFER,
COMMISSIONER ADAMS, COMMISSIONER DOSCHER
Noes:
Abs~nt:
Recused: COMMISSIONER BROOKMAN, COMMISSIONER DALE
By order of th~ Planning Commission of the City of Yuba City.
Michele .Blake, Pl;nniflQC()frtmission Chair
ATTEST:
15 v--------
Benjamin Moody, Secretary to the Planning Commission
Attachments:
Exhibit A: Tentative Subdivision Map 19-04
Exhibit B: Conditions of Approval
01248.0005/712757.1 6
mh
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STATE ROUTE 20 73+00 73+84.33
62-062-029
HUSTON
BLACKBERRY DRIVE KIMBERLY DRIVE
62-121-024
BILICICH 62-121-010 62-121-011 RAMIREZ ZERKOVICH 62-121-012 LIN 62-121-013 WOODS 62-061-018
PUREWALL
62-061-002
PINKSTON
62-172-007
REYNOLDS
62-172-008
ALLISON
62-172-009
USSERY
62-172-010
MYBURGH
17-172-017
MASERA
17-212-003
JAEGER
17-212-011
CHRISTOPHER
17-212-018
JORDAN
17-212-019
TUCKER 62-171-001 PEACOCK
17-211-005
TAYLOR
62-121-014
WISEMAN
62-121-015
LOCKE
62-121-016
DECKER
62-121-017
HELVEY
62-121-018
MONROE
62-121-019
LEON
62-121-020
62-121-021
62-061-006
BRUCE
62-121-023
CORNELL 62-062-004 KARWAL 62-062-003 CROSS
92.00' 92.00'
VINE AVENUE RASPBERRY WAY RUTH AVENUE CRANBERRY WAY
JEFFERSON BLVD.
COLUSA FRONTAGE ROAD
2 HARTER PACKING
62-310-006
YUBA CITY
62-310-005 KIMBERLY DRIVE
17-211-004
PAGE
17-212-006
COWDIN 62-171-002
62-062-028
62-061-004
62-122-007 62-122-008
62-122-006 62-122-009
62-122-005 62-122-010
62-122-004 62-122-011
62-122-003 62-122-012
62-122-002 62-122-013
62-122-001 62-122-014
62-121-007
62-121-006
62-121-005
62-121-025
62-121-003
62-121-002
62-121-001
62-062-023
62-062-027
62-062-026 J&D HARTER ROAD 59-010-100 PATEL 59-010-098 59-010-097 WAL MART HARTER PARKWAY
STRAWBERRY DRIVE
92.00' 92.00' 92.00' 55.00'
92.00' 92.00' 55.00' 55.00' 55.00' 55.00' 55.00'
38.93' 55.00' 55.00' 43.39'
X X 16"WM (E)36"WM 24"SS
24"SS
HARTER PACKING
62-310-010 (E)48"SD
(E)18"SD
(E)30"SD
(E)30"SD
(E)18"SD(E)12"SD (E)12"SD (E)24"SD (E)18"SD (E)12"SD
(E)12"SD
(E)12"SD REMOVE (E)48"SD
(E)18"SD (E)48"SD (E)48"SD (E)48"SD (E)48"SD
(E)84"SD
(E)84"SD (E)54"SD
REMAINDER
13.17 NET ACRES
1 13
32 33
34 35
36 37
38 4
3 5
6 8 7
2 1
3 112.0'
112.0'
112.0'
112.0'
112.0' 110.0'
9 11 10 28
112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0'
112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.0' 112.1' 112.1' 112.1' 112.1' 112.2' 112.2' 101.7' 128.0'
113.0' 113.0' 113.0' 113.0' 113.0' 113.0' 105.2' 59.8' 55.0' 55.0' 55.0' 55.0' 55.0' 33.0' 55.0' 55.0' 55.0' 55.0' 70.0' 65.0' 55.0' 55.0' 55.0' 45.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 70.0' 55.0' 50.0' 50.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0'
70.0' 43.0' 31.2'
75.6'
75.6'
63.2'
50.0'
84.2' 75.0' 60.0' 60.0' 60.0' 60.0' 60.0' 60.0' 72.0' 130.0' 560.3' 131.6' 131.7' 131.9' 129.7'
117.4'
117.1'
66.6'
78.6'
126.9'
27 26
25 24
23 22
21 20
19 12
13 14
15 16
17 18
19 20
5 6
7 8
9 10
11 12
32 33
34 35
36 37
38 39
4 3
30 31
14 15 16 17 18 21
30 29
28 27
26 25
24 23
22 31 HARTER PACKING 59-010-104
62-310-005 55.0' 45.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 50.0' 50.0' 55.0'
60.0' 60.0' 60.0' 60.0' 60.0' 60.0' 114.5' 55.0' 55.0' 56.0' 59.8' 113.0' 55.0' 55.0' 55.0' 55.0'
56.8'
59.2'
10.9'
86.2' 90.0' 50.0' 50.0'
50.0'
50.0'
50.0'
50.0' (E)18"SS (E)18"SS (E)18"SS (E)18"SS (E)18"SS
(E)8"SS
(E)10"SS (E)8"SS (E)8"SS STUB
(E)12"SS (E)10"SS 251.9'
29 2
1 171.4' 114.0' 125.6' 125.7' 125.9'
100.0' 112.0'
112.0' 112.0' 162.8'
344.0' 55.0' 56.0' 55.0'
25.8'
158.0' 60.0' 55.0' 55.0' 16.1' 76.3' 55.0' 55.0' 55.0' 55.0' 92.1' 17.9' 60.0' 60.0' STATE ROUTE 20
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XX KIMBERLY DRIVE KIMBERLY DRIVE
TENTATIVE SUBDIVISION MAP 2019-004
HARTER ESTATES SOUTH
YUBA CITY, CALIFORNIA
FEBRUARY 27, 2020 REVISED APRIL 14, 2021
ENGINEERS & SURVEYORS SINCE 1892
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
TEL: 530.742.6485
FAX: 530.742.5639
0 30' 60' 120' 240'
0 1"
IF NOT ONE INCH ON THIS SHEET , ADJUST SCALE ACCORDINGLY RUTH AVENUE BUTTE HOUSE BLVD. HARTER PARKWAY
STATE ROUTE 99
INDICATES PROPOSED SMALL LOT
PHASE AND LARGE LOT PARCEL SCALE 1' = 1000'
LOCATION MAP EL MARGARITA ROAD
CITY OF YUBA CITY APPROVAL:
THE CITY OF YUBA CITY PLANNING COMMISSION
HAS CONSIDERED AND APPROVED RESOLUTION
21-XXX APPROVING TENTATIVE PARCEL MAP NO.
2019-004 DURING THE PLANNING COMMISSION
MEETING ON __________, 2021. ______________________________________________ CITY OF YUBA CITY DATE:
FIRE PROTECTION
CITY OF YUBA CITY
LAW ENFORCEMENT
CITY OF YUBA CITY
SANITARY SEWER
CITY OF YUBA CITY
DOMESTIC WATER
CITY OF YUBA CITY
STORM DRAINAGE
CITY OF YUBA CITY AND
SUTTER COUNTY
ELECTRICITY
PACIFIC GAS AND ELECTRIC
NATURAL GAS (OPTIONAL)
PACIFIC GAS AND ELECTRIC
COMMUNICATION
AT&T AND COMCAST
CABLE (OPTIONAL)
COMCAST
IRRIGATION DISTRICT
NONE
PROJECT NOTES
GENERAL NOTES:
1. SUBDIVIDER RESERVES THE RIGHT TO PHASE DEVELOPMENT AND FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION 66456.1 (A) OF THE SUBDIVISION MAP ACT.
2. A 12.0 FOOT PUBLIC UTILITY EASEMENT SHALL BE LOCATED ADJACENT SIDEWALK TO ALL PUBLIC RIGHT OF WAYS WITH A 2 FEET OVERLAP UNDER SIDEWALK.
3. THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY, ACTUAL DIMENSIONS, ROAD ALIGNMENTS, ACREAGE, AND YIELDS ARE TO BE VERIFIED PRIOR TO FINAL MAP.
4. THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT.
5. VILLAGE NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT. ULTIMATE DEVELOPMENT PHASING WILL BE ORDERLY AND WILL BE DETERMINED AT FINAL MAP AND/OR IMPROVEMENT PLAN STAGE.
6. ALL EXISTING STRUCTURES AND WELLS TO BE REMOVED PRIOR TO CONSTRUCTION.
7. ALL SEPTIC TANKS SHALL BE REMOVED PRIOR TO OR AS PART OF CONSTRUCTION.
8. OWNERS, APPLICANT, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT.
AREA OF TENTATIVE MAP
28.54 GROSS ACRES
EXISTING USE
AGRICULTURAL
EXISTING GENERAL PLAN DESIGNATION
LOW DENSITY RESIDENTIAL, COMMERCIAL,
AND OFFICE PARK
PROPOSED GENERAL PLAN DESIGNATION
LOW DENSITY RESIDENTIAL, COMMERCIAL,
AND OFFICE PARK
EXISTING ZONING
R-1, C-2, AND C-M
PROPOSED ZONING
R-1 (15.37 AC) AND C-2 (13.17 AC)
LEVEE PROTECTION
LEVEE DISTRICT NO. 9 OF SUTTER COUNTY
ELEMENTARY SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICT
HIGH SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICT
AIR QUALITY MANAGEMENT DISTRICT
FEATHER RIVER AIR QUALITY MANAGEMENT
DISTRICT
OWNER
HARTER PACKING CO. LLC
P.O. BOX 1789
YUBA CITY, CA 95992
CONTACT: TOM TUCKER
PHONE: (530) 673-8330
APPLICANT
HARTER PACKING CO. LLC
P.O. BOX 1789
YUBA CITY, CA 95992
CONTACT: TOM TUCKER
PHONE: (530) 673-8330
ATTORNEY
PIONEER LAW GROUP, LLP
1122 S STREET
SACRAMENTO, CA 95811
CONTACT: JAY HARRIS
PHONE: (916) 287-9500
ENGINEER/SURVEYOR
MHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: SEAN MINARD
PHONE: (530) 742-6485
ASSESSOR'S PARCEL NO.
62-310-011
62-310-013
SURVEYORS STATEMENT:
I HEREBY STATE THAT ALL EASEMENTS OF
RECORD ARE SHOWN AND LABELED PER
PRELIMINARY TITLE REPORT BY FIRST
AMERICAN TITLE COMPANY ORDER NUMBER
12023-4760237 DATED OCTOBER 17, 2014
SEAN MINARD, P.E. 52593, P.L.S. 8397
LOT SUMMARY*
VILLAGE NO. 1 = 38 LOTS 7.74 AC 4.91 DU/AC
VILLAGE NO. 2 = 39 LOTS 7.63 AC 5.11 DU/AC
SUBTOTAL = 77 LOTS 15.37 AC 5.01 DU/AC
(RESIDENTIAL)
REMAINDER = 1 PARCEL 13.17 AC
SUBTOTAL = 13.17 AC
(NON-RESIDENTIAL)
TOTAL = 28.54 AC 2.70 DU/AC
*ALL ACREAGES AND DENSITIES EXCLUDE ARTERIAL AND COLLECTOR STREETS.
LAND USE SUMMARY
2 THARP ROAD
COLLECTOR - 51.0' R/W C NOT TO SCALE RUTH AVENUE
CL
20.5' PSE
PL
0.5' 12.0' PUE
2.5' 5.0'*
25.5' ROADWAY
*SIDEWALK
TYPE "A" ASPHALT
22.5' @ 2%
CLASS 2 A.B.
6.0'* ROLLED CURB & GUTTER
11.0' TRAVEL
LANE
8.0' PARKING
PL
2.5' 25.5' ROADWAY
TYPE "A" ASPHALT
17.5' @ 2%
CLASS 2 A.B.
5.5' ROLLED CURB & GUTTER
CL NOT TO SCALE D JEFFERSON AVENUE COLLECTOR - 54.0' R/W
20.5' PSE
PL
0.5' 12.0' PUE
5.0' 2.5' 27.0' ROADWAY
SIDEWALK
TYPE "A" ASPHALT
24.0' @ 2%
CLASS 2 A.B.
6.0' 12.0' PUE
27.5' PSE
0.5' PL
2.5' 10.0' 27.0' ROADWAY
BARRIER CURB & GUTTER
SIDEWALK
TYPE "A" ASPHALT
24.0' @ 2%
CLASS 2 A.B.
8.0' BARRIER CURB & GUTTER
6.0' BIKE
LANE
12.0' TRAVEL
LANE
8.0' PARKING
6.0' BIKE
LANE
12.0' TRAVEL
LANE
8.0' PARKING
*THE TYPICAL ROAD SECTION SHOWS DETACHED SIDEWALK WITH 6 FOOT LANDSCAPE STRIPE. AN ALTERNATIVE ALINGMENT IS ATTACHED 5 FOOT SIDEWALK. THE PROPERTY LINE SHALL BE
LOCATED ONE-HALF (½) FOOT BEHIND
CURB ON DETACHED SIDEWAK AND
ONE-HALF (1/2) FOOT BEHIND SIDEWALK
ON ATTACHED SIDEWALK.
6.0' BIKE
LANE
11.0' TRAVEL
LANE
8.0' PARKING
6.0' CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT
SIDEWALK
ROLLED CURB & GUTTER
19.0' ROADWAY
4.0' 2.5' 12.0' PUE
0.5' 10.0' TRAVEL
LANE
8.0' PARKING
PL CL
NOT TO SCALE A ALL INTERIOR ROADS SERVICING 100 OR FEWER LOTS MINOR RESIDENTIAL - 38.0' R/W (DEATTACHED)
19.5' PSE DEATTACHED SIDEWALK OPTION. THE
PLANTER STRIP SHALL ALSO BE USED
FOR STORM WATER MITIGATION. LOT DIMENSIONS BASED ON DEATTACHED SIDEWALK.
PUE SHALL BE A TOTAL OF 12 FEET WITH 10 FEET BEHIND SIDEWALK AND 2 FEET UNDERSIDEWALK. MINOR RESIDENTIAL - 46.0' R/W (ATTACHED) A NOT TO SCALE ALL INTERIOR ROADS SERVICING 100 OR FEWER LOTS PL CL
8.0' PARKING10.0' TRAVEL
LANE
0.5' 2.5' 23.0' ROADWAY
ROLLED CURB & GUTTER
SIDEWALK
TYPE "A" ASPHALT
16.0' @ 2%
CLASS 2 A.B. 4.0'
6.0' CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT
SIDEWALK
ROLLED CURB & GUTTER
19.0' ROADWAY
2.5' 4.0' 12.0' PUE
0.5' 10.0' TRAVEL
LANE
8.0' PARKING
19.5' PSE
PL
12.0' PUE
PL
8.0' PARKING10.0' TRAVEL
LANE
0.5' 2.5' 23.0' ROADWAY
ROLLED CURB & GUTTER
SIDEWALK
TYPE "A" ASPHALT
16.0' @ 2%
CLASS 2 A.B. 4.0' 12.0' PUE
PUE SHALL BE A TOTAL OF 12 FEET WITH 10 FEET BEHIND SIDEWALK AND 2 FEET UNDERSIDEWALK.
CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT ROLLED CURB & GUTTER
20.0' ROADWAY
2.5' 4.5' 10.0' TRAVEL
LANE
8.0' PARKING
PL CL
NOT TO SCALE B VINE AVENUE (ADJACENT TO LOT 1 ONLY)
MINOR RESIDENTIAL - 42.0' R/W (DEATTACHED) DEATTACHED SIDEWALK OPTION. THE
PLANTER STRIP SHALL ALSO BE USED
FOR STORM WATER MITIGATION. LOT DIMENSIONS BASED ON DEATTACHED SIDEWALK. POWER POLE SHALL BE
LOCATED IN PLANTER.
6.0' CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT
SIDEWALK
ROLLED CURB & GUTTER
22.0' ROADWAY
2.5' 4.0' 12.0' PUE
0.5' 10.0' TRAVEL
LANE
8.0' PARKING
19.5' PSE
PL
01248.0005/712761.1 1
CITY OF YUBA CITY
CONDITIONS OF APPROVAL & MITIGATION MEASURES
TENTATIVE SUBDIVISION MAP 19-04
APRIL 28, 2021
HARTER ESTATES SOUTH
APN: 62-310-011 and 62-310-013
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through tentative subdivision map review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within 15 days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.
These conditions are applicable to any person or entity making use of this tentative subdivision map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this tentative subdivision map.
CONDITIONS OF APPROVAL
1. The applicant/property owner agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, damages, liability or actions arising out of or connected with this approval, except to the extent such liabilities are caused by actions of the City.
2. The final lot design on the subdivision maps shall be designed in conformance with the TSM 19-04, as appropriate, and as approved by the Planning Commission.
01248.0005/712761.1 2
3. The development and operation of the project shall comply with all CEQA mitigation measures identified in the EIR and supplemental environmental documents.
PUBLIC WORKS
4. The parcel is to be subdivided and developed in accordance with the Harter Specific Plan, associated technical reports, and as amended or approved by the Public Works Director.
5. To help contain fugitive dust, construction sites shall be watered down by the Developer during the construction phase of the project or as directed by the Public Works Department.
6. Paved streets shall be swept frequently by the Developer during the construction phase (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
7. The Developer shall be solely responsible for all quality control associated with the project.
The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections. The City will only perform necessary testing to assure compliance.
8. Storage of construction material is not allowed in the travel way.
9. The only hard surface (concrete or pavers) that can be placed in the street planter area other than the standard driveway serving the residence is eighteen (18) inch wide strips to accommodate the wheel path of vehicles unless authorized/approved by the Public Works Director.
10. A Subdivision Agreement outlining the obligations of the Developer regarding any costs (hot tap, connection fee, fair share contribution, etc.), dedications, and improvements associated with the development shall be accepted by the City prior to recordation of map.
11. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office prior to recordation of map.
12. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
PRIOR TO ISSUANCE OF A GRADING PERMIT
13. The improvement plans for the development of the subject property shall include all measures required to ensure that no drainage runoff resulting from the development of the property flow onto the adjacent residential or agricultural lands or that the Development will not impede the drainage from those properties. The grading plans adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required, they shall be constructed of concrete, brick, or masonry block.
14. A master grading plan for all phases of the subdivision shall be submitted to the Public Works Department as part of the improvement plans with the first phase of the subdivision map and meet Sutter County Drainage requirements or as approved by the Public Works Director.
01248.0005/712761.1 3
PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS
15. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees.
Prior to City approval of improvement plans the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.
16. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system;
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume;
c. Storm Drain Collection Systems - For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps.
The above design shall be determined with criteria approved by the Public Works Department.
d. Street Flow-The street system shall be designed to convey the 100-year, 24-hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level). The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility. The above design shall be determined with criteria approved by the Public Works Department.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the ultimate development of the entire upstream watershed. f. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.
17. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan including any applicable Statements of Responsibility and Self-certification Annual Reports. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwater_ma nagement.
18. The Developer shall comply with all Sutter County requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize County facilities for approval by Sutter County Public Works Director.
19. All development shall be designed to local, state, and federal flood standards.
20. The structural section of all road improvements shall be designed using the Caltrans empirical R-value method. A geotechnical investigation shall determine the R-value of the existing soil in accordance with the Caltrans Highway Design Manual. The structural section shall be designed to the following standards:
01248.0005/712761.1 4
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil) b. Use a traffic index of 6 for Ruth Avenue and interior residential streets. c. Use a traffic index of 7 for Jefferson Avenue.
d. Use a traffic index of 10 for arterial streets.
A copy of the geotechnical investigation, including R-value determination, test locations and structural section calculations, shall be submitted with the first improvement plan check.
21. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the Public Works Department. Twenty-five miles per hour speed limit signs shall be installed within the subdivision at locations determined by the Public Works Department. These proposed speed limit signs shall be shown on the Improvement Plans.
22. The street trees and street lighting are public improvements which shall meet the Parks Division Planting Standards and Yuba City Standard Details and be included in the improvement plans and specifications for the subdivision when the improvement plans are submitted for the first improvement plan check.
23. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the Public Utility Easement (PUE). Developer shall provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.
24. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.
The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two
01248.0005/712761.1 5
working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by a California licensed structural engineer to the Public Works Department, prior to beginning construction.”
PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS
25. All existing well(s), septic tank(s), and service lines shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments, respectively. Connections shall be made to public sewer and water. The Developer shall pay all applicable fees.
26. Jefferson Boulevard (Phase 1 frontage and to Harter Parkway) shall be constructed, centerline to back of curb, to a half-width of 26.5 feet plus an additional 12.0 feet north of centerline. Right-of-way shall be dedicated to a width of 27.0 feet together with a 20.5- foot PSE behind the right-of-way. Frontage improvements shall include street section, barrier curb, gutter, 6.0-foot-wide landscaped parkway strip (measured from back of curb),
5.0-foot-wide sidewalk, street trees, and streetlights. Landscaping shall be constructed as part of the home construction. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk, or as otherwise determined by the Public Works Director.
27. Ruth Avenue shall be constructed within the existing 50.0-foot right-of-way. On each side of the centerline design/construction shall consist of 11.0-foot travel way, 8.0-foot parking lane with 2.0 feet of the parking lane being the gutter pan, and a 2.5-foot rolled curb and gutter. On the east side of Ruth, a 5.0-foot attached sidewalk shall be constructed. The right-of-way line on both sides of Ruth shall be 5.5 feet behind the curb. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk on the east side of Ruth. Street lights, on the east side of Ruth, shall be included as part of the improvements. The Developer is responsible for the eastern half of the roadway frontage only.
a. At minimum one City approved street tree shall be planted in the front yard of each lot. Any variation as to location of tree and/or type of tree shall be approved by the Development Services Director.
b. The landscape plan for the front yard shall be handled by each individual lot improvement.
Any other configuration of Ruth Avenue shall be approved by the Public Works Director prior to construction.
28. Vine Avenue adjacent to Phase 2 Lot 1 (as said Phase is shown on Tentative Map dated December 31, 2020) shall be designed/constructed, centerline to back of curb, to a halfwidth of 21.5 feet. Right-of-way shall be dedicated to a width of 22.0 feet together with a
19.5-foot PSE behind the right-of-way. It should be noted that the existing Vine Avenue right-of-way is 40.0 feet resulting in an additional 2.0 feet of dedication. Frontage improvements shall include street section, rolled curb, gutter, 6.0-foot-wide landscaped
01248.0005/712761.1 6
parkway strip (measured from back of curb), 4.0-foot-wide sidewalk, street trees, and streetlights. The existing power poles shall be located back of curb. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk, or as otherwise determined by the Public Works Director. East of Phase 1 Lot 1, the rightof-way dedication from centerline shall be 35.5 feet or an additional 15.5 feet. No improvements are proposed east of Phase 2 Lot 1.
29. The Developer has two roadway design options for of the interior residential streets:
a. Detached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Right-of-way shall be dedicated to a width of 38.0 feet together with a 19.5-foot PSE behind the right-of-way. Frontage improvements shall include street section, rolled curb, gutter, 6.0-foot-wide landscape parkway strip (measured from back of curb), 4.0- foot-wide sidewalk, street trees, and streetlights. A 12.0-foot wide (PUE) shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk. i. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each individual lot improvement.
The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance. ii. The landscaping in the parkway strip is to have a coordinated theme referenced on the public improvement plans, or as approved by the Development Service Director.
b. Attached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Right-of-way shall be dedicated to a width of 46.0 feet. Frontage improvements shall include street section, rolled curb, gutter, a 4.0-foot-wide attached sidewalk, and streetlights. A 12.0-foot-wide PUE shall be located adjacent to the sidewalk with
2.0 foot located underneath the sidewalk.
i. At minimum one City approved street tree shall be planted in the front yard of each lot. Any variation as to location of tree and/or type of tree shall be approved by the Development Services Director.
ii. The landscape plan for the front yard shall be handled by each individual lot improvement.
30. Prior to final paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.
31. Prior to final paving, the Developer shall hydroflush, and televise, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the subdivision improvements, and at the Public Works Department’s discretion, the storm sewer and sewer mains shall be re-hydroflushed.
32. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (AutoCAD version 2010 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.
01248.0005/712761.1 7
33. All public street lighting shall be dedicated to the City of Yuba City.
PRIOR TO FINAL MAP RECORDATION
34. The development shall pay for the reasonable and allocable share of operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. This condition may be satisfied through participation in a Mello-Roos CFD, by payment of cash in an amount agreed to by the City, by another secure funding mechanism acceptable to the City, or by some combination of those mechanisms. The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district.
35. The property shall petition for formation of a Zone of Benefit of the Yuba City Landscaping and Lighting Maintenance District for the purpose of the landscaping, the irrigation, the street lights, any barricades, and any masonry walls. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
36. Parcel 62-310-011 and 62-310-013 are located in Sutter County Water Agency Zone of Benefit No. 6. Fees for parcels shall be paid prior to issuance of a building or grading permit that places impervious surfaces on the parcels. The fee rate is calculated per Sutter County Ordinance 8WA and 21WA, December 9, 1986. Fees are payable at the Sutter County Development Services Counter located at 1130 Civic Center Blvd., Yuba City.
Phone: (530) 822 7400
37. The Developer’s Superintendent/Representative shall submit three (3) sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit for each phase of construction.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
38. The curb, gutter, sidewalk, and drainage shall be inspected, and approved by the City.
Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.
39. The Developer shall, prior to the issuance of the first certificate of occupancy of the first residence in each phase, install the perimeter subdivision wall and/or fence in place to the satisfaction of the Public Works Department.
40. The Developer, prior to the issuance of the first certificate of occupancy within Phase 1, shall install a solid wall (i.e., precast concrete, post and panel, brick, masonry block, ProtoII masonry wall) on the residential lots adjacent to the commercial parcels (Lot 23 through 38), as said Phase is shown on Tentative Subdivision Map dated April 14, 2021 in place to the satisfaction of the Public Works Director and/or the Development Services Director.
41. All street lighting shall be constructed with improvement plans and energized prior to the issuance of any certificate of occupancy.
01248.0005/712761.1 8
42. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.
PROJECT SPECIFIC CONDITIONS
43. To limit visibility and conflicting views of existing residential properties, the residential lots of the proposed development adjacent to existing single-story homes located on the southern boundary are to be restricted to single story construction, or any window sills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, or as otherwise approved by the Development Services Director.
44. Alternative driveway designs shall be as stated in the Harter Specific Plan. (Harter Specific Plan DS 104)
EXHIBIT B
IMPACT FEES AND OTHER FEES PAYABLE BY SUBDIVIDER
In accordance with this Agreement, and also in accordance with applicable provisions of the Yuba City Municipal Code, it has been determined that Subdivider shall pay the following fees a minimum of ten (10) calendar days prior to the date of Council action on the Agreement, and prior to issuance of any building permits for the subject development.
(1) Public Improvement Plan Check and Inspection Fee:
(a) 3% of the estimated total construction cost
$4,109,272.20 x .03 = $123,278.17
(b) Thirteen (13) one-inch water service tie-ins $66,791.01 (c) Three (3) six-inch hot taps $16,790.16
(d) Two (2) eight-inch hot taps $12,339.68
Less fees paid on Building Permit BLD23-00295 -$219,199.02
SUBTOTAL (1) $0.00
(2) Sewer Extension Fees
Developer constructing onsite sewer main. $0.00
(3) Sewer Connection Fees (per Section 6-5.504 Municipal Code) Deferred until application for building permits are filed. $0.00 (4) Water Extension Fees
Developer constructing onsite water main. $0.00
(5) Water Connection Fees (per Section 6-6.05 Municipal Code) Deferred until application for building permits are filed. $0.00
SUBTOTAL (2) $0.00
(6) Drainage Fees (per Sutter County Zone of Benefit No. 6) Deferred until application for building permits are filed. $0.00 SUBTOTAL (3) $0.00
TOTAL FEES PAYABLE BY SUBDIVIDER
SUBTOTAL (1) + SUBTOTAL (2) + SUBTOTAL (3) $0.00
EXHIBIT C
FEE CREDITS AND REIMBURSEMENTS PAYABLE BY CITY
EXHIBIT “B”
HARTER ESTATES SOUTH
CITY OF YUBA CITY
JULY 2023
CALIFORNIACOUNTY OF SUTTERPREPARED BY: MHM INC. 1204 "E" STREET, MARYSVILLE, CA 9590121154 SHEET 1 OF 4 BEING PORTION OF LOTS 1, 4, AND 5 AS SHOWN ON THAT CERTAIN MAPENTITLED "MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS, PAGE 43 , SUTTER COUNTY RECORDS
VICINITY MAP
NOT TO SCALE
BUTTE HOUSE RD
HARTER PARKWAY
STATE ROUTE 20
JEFFERSON AVENUE
RUTH AVENUE
HOOPER ROAD
STATE OF CALIFORNIACOUNTY OF SUTTERCITY OF YUBA CITY
I, JACKIE SILLMAN, CLERK OF THE CITY OF YUBA CITY, STATE OF CALIFORNIA,HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF YUBA CITY HAS, BYRESOLUTION NO. DULY AND REGULARLY PASSED BY SAID COUNCIL ON THE DAY OF , 20 , APPROVED THE WITHIN
MAP OF "HARTER ESTATES SOUTH" IN ACCORDANCE WITH THE CONDITIONAL
APPROVAL OF THE TENTATIVE MAP, HERETOFORE FILED AS APPROVED, AND BY SAID RESOLUTION HAS ACCEPTED ON BEHALF OF THE PUBLIC ITEM(S) 1, 2, 3 AND 4SHOWN IN THE OWNER'S OFFER OF DEDICATION.
JACKIE SILLMAN
CITY CLERK, CITY OF YUBA CITY
CITY CLERK CERTIFICATE
} SS
WE, THE UNDERSIGNED, D.R. HORTON CA2, INC., A CALIFORNIA CORPORATION, AS HOLDER OF RECORD TITLE
INTERESTS, OF THE HEREIN SUBDIVIDED LANDS, HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS PLAT OF "HARTER ESTATES SOUTH" AND OFFER FOR DEDICATION AND DO PARTICIPATE IN SAIDOFFER OF DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING:
1. 38' STRIPS OF LAND IN FEE TITLE INDICATED ON SAID PLAT AND DESIGNATED AS BLACKBERRY DRIVE,
CRANBERRY WAY, RASPBERRY WAY, AND STRAWBERRY DRIVE, AS WELL AS STRIPS OF LAND IN FEE TITLE INDICATED ON SAID PLAT AND DESIGNATED AS RUTH AVENUE AND VINE AVENUE.
2. EASEMENTS INDICATED AS 12.0' PUE (PUBLIC UTILITY EASEMENT) FOR, BUT NOT LIMITED TO ELECTRICAL,
WATER, SEWER, GAS, STORM DRAINAGE, COMMUNICATIONS SERVICES, AND ALL APPURTENANCES THERETO. OWNER EXPRESSLY COVENANTS NOT TO UNREASONABLY RESTRICT, OBSTRUCT OR INTERFERE
WITH SAID PUBLIC UTILITY EASEMENT OR THE USE THEREOF BY THE CITY, ITS AGENTS OR ANY
FRANCHISEE
3. PARCELS OF LAND IN FEE, INDICATED ON SAID PLAT AND DESIGNATED AS "LOT A".
4. EASEMENT FOR ACCESS TO AND THE MAINTENANCE OF A WALL AND FOOTINGS AND ALL APPURTENANCES PERTAINING THERETO ON, OVER, UNDER AND ACROSS THOSE STRIPS OF LAND GENERALLY 2 FEET IN WIDTH LYING CONTIGUOUS TO LOTS 54-69, DESIGNATED AS "2' WALL EASEMENT" D.R. HORTON CA2, INC., A CALIFORNIA CORPORATIONBY: BONNIE CHIU TITLE: VICE PRESIDENT
OWNER'S STATEMENT
A.) OWNER'S NAME AND ADDRESS:
D.R. HORTON CA2, INC., A CALIFORNIA CORPORATION
2260 DOUGLAS BLVD., STE. 110
ROSEVILLE, CA 95661
B.) PROPERTY BEING DEDICATED:
1. BEING ALL THAT REAL PROPERTY AS SHOWN AS ITEM 1 IN OWNER'S OFFER OF DEDICATION.
C.) THE CITY OF YUBA CITY SHALL RECONVEY THE ABOVE-DESCRIBED PROPERTY TO THE ABOVE-NAMED OWNER, OR SUCCESSOR IN INTEREST, IF THE CITY DETERMINES PURSUANT TO GOVERNMENT CODESECTION 66477.5 THAT THE SAME PUBLIC PURPOSE FOR WHICH THE PROPERTY WAS DEDICATED DOES NOT EXIST, OR THE PROPERTY OR ANY PORTION THEREOF IS NOT NEEDED FOR PUBLIC UTILITIES.
NOTE: THE LOTS ON THIS MAP ARE SUBJECT TO:
1. ASSESSMENT FROM COMMUNITY FACILITIES DISTRICT (CFD) 2021-1, RESOLUTION NUMBER ______________, RECORDED AS DOCUMENT NO. ______________ ON _____________________.
2. ASSESSMENT FROM YUBA CITY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT _____________________, RESOLUTION NUMBER ______________, RECORDED AS DOCUMENT NO.______________ ON _____________________.
3. ANY STREET, DRAINAGE, PUBLIC UTILITY, OR OTHER EASEMENTS AFFECTING THE PROPERTY.
4. THE CITY OF YUBA CITY CONDITIONS OF APPROVAL FOR TENTATIVE SUBDIVISION MAP 19-04 APPROVED ON APRIL 28, 2021.
5. SUBJECT TO SUBDIVISION IMPROVEMENT AGREEMENT, RESOLUTION NUMBER ___________ RECORDED AS DOCUMENT NO._______________ ON _________________.
CERTIFICATE FOR FEE DEDICATION
BENJAMIN K. MOODY
CITY SURVEYOR P.L.S. 9018
EXPIRES: 9-30-2023
DATED:CITY SURVEYOR'S STATEMENT
I, BENJAMIN K. MOODY, CITY SURVEYOR OF THE CITY OF YUBA CITY, DO HEREBY
STATE THAT I HAVE EXAMINED THIS MAP AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FILED SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISIONMAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF D.R. HORTON CA2, INC., A CALIFORNIA CORPORATION, ON JUNE 30, 2023. I HEREBY STATE THAT THIS MAP
SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP; THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND
OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
I DO HEREBY CERTIFY THAT THIS MAP HAS BEEN EXAMINED BY ME AND THAT THE
SUBDIVISION, AS SHOWN UPON SAID MAP IS SUBSTANTIALLY THE SAME AS SAIDSUBDIVISION APPEARED ON THE APPROVED TENTATIVE MAP AND ANY APPROVED
ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT
OF THE STATE OF CALIFORNIA AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
BY:
SURVEYOR'S STATEMENTCITY ENGINEER'S STATEMENTRECORDER'S CERTIFICATEFILED THIS DAY OF , 2023, AT : .M. INBOOK OF SURVEYS, AT PAGE AT THE REQUEST OF MHM INC.DONNA M. JOHNSTONSUTTER COUNTY RECORDERFILE NO.P.L.S. 8457JOHN S. MALLENEXPIRES: 12-31-2022 FEE PD.
DEPUTY
PLANNING DIVISION
CITY OF YUBA CITYSTATE OF CALIFORNIA
THIS MAP HAS BEEN EXAMINED THIS __________ DAY OF ______________ , 2023,
FOR CONFORMANCE WITH THE APPROVED TENTATIVE MAP AND THE
CONDITIONS OF APPROVAL THEREOF AS APPROVED BY THE YUBA CITY PLANNING COMMISSION ON APRIL 28, 2021.
PLANNER'S STATEMENT
O
N
N
O
E H
S N
T AT E
ROF P JO
I
SS O L VL
N
7 5
A
8 F C
L . S
IF L
4 RO
EN
AI R
YO E
U
A
M
AL L
S. NDAS R
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
COUNTY OF STATE OF }SS
ON BEFORE ME
, NOTARY PUBLIC, PERSONALLY APPEARED , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGEDTO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND.
SIGNATURE OF NOTARY
NOTARY'S NAMEMY COMMISSION NUMBER MY COMMISSION EXPIRES PRINCIPAL PLACE OF BUSINESS (County)
ACKNOWLEDGMENT
I, NICHOLAS F. VALENCIA, TAX COLLECTOR FOR THE COUNTY OF SUTTER, STATE OF CALIFORNIA, DO HEREBY CERTIFY PURSUANT TO GOVERNMENT CODE SEC. 66492 THAT THE RECORDS OF MY OFFICE SHOW THAT THERE ARE NO LIENS AGAINST THE LANDS SHOWNHEREON OR ANY PART THEREOF FOR UNPAID TAXES OR SPECIAL ASSESSMENTS.
ASSESSOR'S PARCEL NOS. 062-310-014-000
DATE:NICHOLAS F. VALENCIA, TREASURER AND TAX COLLECTOR
COUNTY OF SUTTER, STATE OF CALIFORNIA
COUNTY TAX COLLECTOR'S STATEMENTAS TO LIENS FOR TAXES NOT YET PAYABLE, I ESTIMATE THAT THERE ARE TAXES IN THEAMOUNT OF $ FOR 2023-2024, WHICH ARE A LIEN BUT NOT YET PAYABLE. I CERTIFY PURSUANT TO GOVERNMENT CODE SEC. 66493 THAT SECURITY HASBEEN DEPOSITED WITH THE COUNTY CONDITIONED UPON THE PAYMENT OF SAID TAXESNOT YET PAYABLE.
EXPIRES: 06-30-24
DATED:
BENJAMIN K. MOODYCITY ENGINEER, R.C.E. 72383
S89°26'21"W 636.98' (R1, R4 & M)
S00°23'17"E (R1, R4 & M) 848.04' (R1 & M)
N89°38'08"E 637.10' (R1, R4 & M)
N00°23'47"W 560.26' (R1 & M)
S00°23'47"E 281.32' (R1, R4 & M)
N89°36'43"E 268.00' N89°36'43"E 262.00'
N89°36'43"E 262.00'
S00°23'17"E 558.00'
S00°23'17"E 558.00'
S00°00'11"E 158.31' (R3)
S00°23'17"E 158.34' (M) S00°00'11"E (R3) S00°23'17"E 558.62' (M) N89°36'43"E 91.87' N53°33'07"E
134.95'
CURVE DATA
R=400.00
Δ=54°22'50"
L=379.65'
CURVE DATA
R=400.00
Δ=14°10'51"
L=99.00'
CURVE DATA (R1&R2)
R=400.00
Δ=42°57'06"
L=299.88'
LINE DATA (R1&R2)
S65°14'52"E
13.54'
CURVE DATA
R=250.00
Δ=12°21'49"
L=53.95'
CURVE DATA
R=200.00
Δ=48°25'25"
L=169.03'
LINE DATA (R1)
S79°09'10"W31.21'
LINE DATA (R1)
S70°41'53"W75.57'
LINE DATA (R1)
S57°35'18"W75.57'
LINE DATA (R1)
S45°46'06"W
63.20'
LINE DATA (R1)
S51°46'01"W50.00'
LINE DATA (R1)
S53°32'58"W
84.18'
SE CORNER OF
LOT 5 OF R6
NW CORNER OFLOT 1 OF R6
NE CORNER OF
LOT 1 OF R6
CURVE DATA (R1&R2)
R=360.00
Δ=41°37'06"
L=261.50'
CURVE DATA (R1&R2)
R=440.00
Δ=31°30'00"
L=241.90'
S00°00'11"E (R3)
S00°23'17"E 130.99' (M) SW CORNER OF LOT 5 OF R6
FD 3/4' PIPE PER
R3
LINE DATA (R1)
N03°47'44"W
44.71'
S00°00'11"E 847.88' (R1) S00°23'17"E 847.95' (M)
1/2"
0 SCALE:1"=100'
1" 3"
50'
0 100' 300'
SUBDIVIDED AREA = 14.73 ACRES
LOTS = 12.28 ACRESROADS = 2.45 ACRES
BASIS OF BEARINGS
RECORD REFERENCESLEGEND
S.F.
()
PUE
M
EMBRACES RECORD DATAPUBLIC UTILITY EASEMENTPUBLIC SERVICE EASEMENTMEASURED
SQUARE FEET
BASIS OF BEARINGSFOUND MONUMENT AS SHOWN
SET 5/8" REBAR W / CAP LS 8457CALCULATED POINT - NOTHING
FOUND OR SETFOUND STANDARD CENTERLINE MONUMENT
SET STANDARD CENTERLINE MONUMENT
(B.O.B.)
PSE
BEARINGS SHOWN HEREON ARE BASED ON THAT RECORD OF
SURVEY FILED IN BOOK 18 OF RECORD OF SURVEYS AT PAGE 239,SUTTER COUNTY RECORDS.
HARTER ESTATES SOUTH
CITY OF YUBA CITY
JULY 2023
CALIFORNIACOUNTY OF SUTTERPREPARED BY: MHM INC. 1204 "E" STREET, MARYSVILLE, CA 9590121154 SHEET 2 OF 4
VINE AVENUE
SEE SHEET 3
FOR DETAIL
APN 062-310-015-000
PARCEL B
LLA 21-09
RUTH AVENUE
RASPBERRY WAY
CRANBERRY WAY
STRAWBERRY DRIVE
BLACKBERRY DRIVE
JEFFERSON
AVENUE
HARTER PARKWAY
APN 062-310-009-000
PARCEL D
LLA 21-10
APN 062-310-021-000
PARCEL C
LLA 21-10
SEE SHEET 4
FOR DETAIL
BRYN MAWR ESTATES UNIT 3
BOOK 12 OF SURVEYS,
PAGE 230
SUBDIVISION OF A
PORTION OF LOT 1 OF
SUBDIVISION NO 2 OF
THE ELMER TRACT
BOOK 5 OF SURVEYS,
PAGE 89
(R1) LOT LINE ADJUSTMENT 21- 09 - DOCUMENT NO. 2021-0023789(R2) GRANT DEED FOR RIGHT OF WAY - DOCUMENT NO. 2005-0029547(R3) BRYN MAWR ESTATES - UNIT 3, BOOK 12 OF SURVEYS, PAGE 230(R4) UNRECORDED ALTA SURVEY FOR HARTER PACKING COMPANY BY VON GELDERN ENGINEERING (1985)
(R5) RIGHT OF WAY OF A PARCEL OF LAND DEEDED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 12, 1963 IN BOOK 634 OFFICIAL RECORDS AT PAGE 235, SUTTER COUNTY RECORDS
(R6) MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS AT PAGE 43
BEING PORTION OF LOTS 1, 4, AND 5 AS SHOWN ON THAT CERTAIN MAPENTITLED "MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS, PAGE 43 , SUTTER COUNTY RECORDS
(E) 25' R/W
(E) 40' R/W
(E) 40' R/W (R2)
(E) 40' R/W (R2)
(E) 10' PUE (R2)
12,259 SF
LOT 1
C1
S00° 23' 47"E
176.01
N64° 38' 30"E
66.63 13,932 SF
LOT 2
S00° 23' 47"E
105.31
N54° 26' 02"E
56.92 73.03
N51° 17' 09"E
78.57 8,019 SF
LOT 3
6,319 SF
LOT 4
7,247 SF
LOT 7
7,239 SF
LOT 8
7,142 SF
LOT 9
6,918 SF
LOT 10
6,909 SFLOT 11
7,345 SF
LOT 12
47.57 N36° 26' 53"W
116.81
N51° 19' 35"E
10.94 73.03
C3
C4
C5
N65° 51' 49"E
C2
N51° 19' 35"E
59.06 C6
N40° 55' 10"W
115.69
S26° 35' 42"E
11.13 C8
C7
N26° 35' 42"W
116.16
36.92 C9
N00° 23' 17"W
131.70
N89° 26' 21"E
55.00 S00° 23' 17"E
131.68
46.79 N00° 23' 17"W
131.53
N89° 26' 21"E
55.00 55.00
N00° 23' 17"W
125.87
16.05 N00° 51' 12"W
5.50 N89° 26' 21"E 39.00
55.00 55.00
N00° 23' 17"W
125.87
55.00 N89° 26' 21"E
55.00 S00° 23' 17"E
125.70
55.00 N00° 23' 17"W
125.53
C11
C12
N00° 23' 17"W
113.99
60.00 25.82
N43° 01' 46"W
171.42
N89° 26' 21"E
157.97
C13
8,450 SF
LOT 14
6,160 SF
LOT 15
S00° 23' 17"E
56.10 N89° 36' 43"E
112.00
62.88 13.50
92.06 C20
S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
55.00 6,160 SF
LOT 16
6,160 SF
LOT 17
6,160 SF
LOT 18
N89° 36' 43"E
112.00
S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
S89° 36' 43"W
112.00
6,720 SF
LOT 33
6,445 SF
LOT 34
N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 5.00
N89° 36' 43"E
112.00
60.00 S89° 36' 43"W
112.00
17.86 N00° 23' 17"W
50.00 10.00
N89° 36' 43"E
100.00
C15
11,182 SF
LOT 35
N00° 23' 17"W
45.00 N00° 23' 17"W
55.00 N00° 23' 17"W
62.88 C14
C16
S00° 23' 17"E
55.00 7,194 SF
LOT 36
6,160 SF
LOT 37
C17 92.00
65.00 45.00
N89° 36' 43"E
112.00
S89° 36' 43"W
112.00
6,160 SF
LOT 527,194 SF
LOT 53
N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 55.00
92.00 S00° 23' 17"E
65.00 N89° 36' 43"E
112.00
45.00 C30
45.00 7,978 SF
LOT 54
6,651 SF
LOT 55
45.84 N53° 32' 58"E
84.18 C39
S45° 43' 40"E
110.00
N51° 46' 01"E
50.00 N36° 26' 53"W
110.00
C35
C36
C34
S70° 41' 53"W75.57
2.00 S57° 35' 18"W75.57
6,911 SF
LOT 59
7,614 SF
LOT 60
50.00 S89° 36' 44"W
70.00 90.00 C31
LOT 5
28.26 Area : 8,794 SF
8,106 SF
LOT 6
VINE AVENUE
JEFFERSON AVE.
STRAWBERRY DRIVE
19' R/W
12' PUE
19' R/W
N89°36'43"E 262.00'
S00°23'17"E 158.34' (M)
N89°36'43"E
91.87'
N53°33'07"E
134.95'
(E) 10' PUE (R2)
12' PUE
12' PUE
C10
12,225 SF
LOT 13
S38° 58' 00"E
110.00
LOT A
Area : 7,166 SF
S00°23'17"E 558.00'
S00°23'17"E 558.00' 2' WALL EASEMENT
2.00 2.00
2.00 2.00
N89°26'21"E 524.98'
21.94 2.00(P) 42' R/W
S00°00'11"E 158.31' (R3) S00°23'17"E 158.34' (M)
19' R/W
19' R/W
C38
6,289 SF
LOT 56
6,938 SF
LOT 57
6,938 SF
LOT 58
S25° 51' 24"E
110.00
S79° 09' 10"W31.21
C33
C37
30.79 S45° 46' 06"W63.20
S89° 36' 44"W
41.02 2.00
N00° 23' 16"W
110.00
2.87 C32
S12° 44' 33"E
110.00
CURVE TABLE
CURVE #
C1
C2
C3C4C5C6C7C8C9
C10
C11
C12C13C14C15C16C17C18C19C20
C21
C22C23C24C25C26C27C28C29C30
C31
C32C33C34C35C36C37C38C39
LENGTH
158.54
89.72 13.23
71.5329.7321.7537.0551.4093.47
8.21 16.6419.74
45.2241.32
27.74 16.64
31.4231.4231.4231.3631.4231.42
16.64 34.6933.6258.74
6.98 16.64
31.4231.4231.4247.2550.10
50.11 37.63
12.43 37.4129.71
95.68 RADIUS
360.00360.00360.00
440.00
20.00 269.00269.00
181.00181.00181.00
30.0050.0050.0050.0050.0030.0020.0020.0020.0020.0020.0020.0030.0050.0050.0050.0050.0030.0020.0020.0020.00 219.00219.00219.00219.00231.00231.00
20.00 440.00
DELTA
025°13'57"014°16'48"002°06'19"009°18'50"085°09'42"004°37'58"007°53'32"016°16'20"029°35'12"002°36'01"031°47'17"022°37'10"051°49'06"047°21'01"031°47'17"031°47'18"090°00'00"090°00'00"090°00'00"089°49'38"090°00'00"090°00'00"031°47'18"039°44'50"038°31'16"067°18'25"008°00'05"031°47'18"090°00'00"090°00'00"090°00'00"012°21'41"013°06'27"013°06'35"009°50'42"003°05'02"009°16'47"085°06'41"012°27'34" 50'
0 25' 50' 100'
GRAPHIC SCALE ( IN FEET )
SEE SHEET 4 HARTER ESTATES SOUTH CITY OF YUBA CITY
JULY 2023
CALIFORNIACOUNTY OF SUTTERPREPARED BY: MHM INC. 1204 "E" STREET, MARYSVILLE, CA 95901 21154 SHEET 3 OF 4
SUBDIVIDED AREA = 14.73 ACRES
LOTS = 12.28 ACRES
ROADS = 2.45 ACRES
BASIS OF BEARINGS
RECORD REFERENCES LEGEND
BEARINGS SHOWN HEREON ARE BASED ON THAT RECORD OF
SURVEY FILED IN BOOK 18 OF RECORD OF SURVEYS AT PAGE 239,SUTTER COUNTY RECORDS.
S.F.
()
PUE
M
EMBRACES RECORD DATAPUBLIC UTILITY EASEMENTPUBLIC SERVICE EASEMENTMEASURED
SQUARE FEET
BASIS OF BEARINGSFOUND MONUMENT AS SHOWN
SET 5/8" REBAR W / CAP LS 8457
CALCULATED POINT - NOTHING
FOUND OR SETFOUND STANDARD CENTERLINE MONUMENT
SET STANDARD CENTERLINE MONUMENT
(B.O.B.)
PSE
(R1) LOT LINE ADJUSTMENT 21- 09 - DOCUMENT NO. 2021-0023789(R2) GRANT DEED FOR RIGHT OF WAY - DOCUMENT NO. 2005-0029547(R3) BRYN MAWR ESTATES - UNIT 3, BOOK 12 OF SURVEYS, PAGE 230(R4) UNRECORDED ALTA SURVEY FOR HARTER PACKING COMPANY BY VON GELDERN ENGINEERING (1985)
(R5) RIGHT OF WAY OF A PARCEL OF LAND DEEDED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 12, 1963 IN BOOK 634 OFFICIAL RECORDS AT PAGE 235, SUTTER COUNTY RECORDS
(R6) MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS AT PAGE 43
BEING PORTION OF LOTS 1, 4, AND 5 AS SHOWN ON THAT CERTAIN MAPENTITLED "MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS, PAGE 43 , SUTTER COUNTY RECORDS
6,160 SF
LOT 18
6,160 SF
LOT 19
S00° 23' 17"E
55.00 S89° 36' 43"W
112.00
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
6,160 SF
LOT 20
6,160 SFLOT 21
6,160 SF
LOT 22
6,160 SF
LOT 23
6,160 SF
LOT 24
7,754 SF
LOT 25
7,754 SF
LOT 266,160 SF
LOT 27
6,160 SF
LOT 28
6,160 SF
LOT 29
6,160 SF
LOT 30
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 S00° 23' 17"E
55.00 N89° 36' 43"E
112.00
C21 92.00
N00° 23' 17"W
70.00 S00° 23' 17"E
50.00 C19
50.00 92.00
55.00 N89° 36' 43"E
112.00
55.00 S89° 36' 43"W
112.00
N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 6,160 SFLOT 31
6,160 SF
LOT 326,720 SF
LOT 33
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 55.00 N89° 36' 43"E 112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 N00° 23' 17"W
55.00 60.00
S89° 36' 43"W
112.00
6,160 SF
LOT 37
6,160 SF
LOT 38
N89° 36' 43"E
112.00
55.00 55.00
N89° 36' 43"E
112.00
6,160 SF
LOT 39
6,160 SF
LOT 40
6,160 SFLOT 41
6,160 SF
LOT 42
6,160 SF
LOT 43
7,754 SF
LOT 44
7,754 SF
LOT 45
6,160 SF
LOT 466,160 SF
LOT 476,160 SF
LOT 48
6,160 SF
LOT 496,160 SF
LOT 50
N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 55.00
N89° 36' 43"E
112.00
55.00 55.00
N89° 36' 43"E
112.00
N00° 23' 17"W
55.00 55.00
N89° 36' 43"E
112.00
55.00 55.00
55.00 55.00
N89° 36' 43"E
112.00
92.00 N00° 23' 17"W
70.00 50.00 C18
50.00 S89° 36' 43"W
112.00
92.00 C29
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 S89° 36' 43"W
112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 55.00
S89° 36' 43"W
112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 55.00
S89° 36' 43"W
112.00
6,160 SF
LOT 51
6,160 SF
LOT 52
S89° 36' 43"W
112.00
N00° 23' 17"W
55.00 N89° 36' 43"E
112.00
55.00 S89° 36' 43"W
112.00
N00° 23' 17"W
55.00 55.00
55.00 S70° 41' 53"W
75.57 2.00
S89° 36' 44"W
70.00 6,217 SF
LOT 62
6,217 SF
LOT 63
6,218 SF
LOT 64
6,218 SF
LOT 65
6,218 SF
LOT 66
6,158 SF
LOT 67
9,812 SF
LOT 68
11,585 SF
6,850 SF LOT 69
6,730 SF LOT 70
LOT 71
6,728 SF
LOT 72
6,727 SF
LOT 73
6,725 SF
LOT 74
6,724 SF
LOT 75
N89° 36' 43"E
111.04
55.00 N89° 36' 43"E
111.04 2.00
2.00 N89° 36' 43"E
111.05
N89° 36' 43"E
111.06 2.00
2.00 55.00
C27 C28
33.02 N89° 36' 43"E
111.07 2.00
N89° 36' 43"E
103.32 2.00
126.31
130.10
N08° 20' 49"W
101.67 C25
2.36 72.00
N00° 23' 17"W
112.18
8.86 C23
C24
N00° 23' 17"W
112.15
60.00 60.00
N00° 23' 17"W
112.13
60.00 60.00
N00° 23' 17"W
112.10
60.00 60.00
N00° 23' 17"W
112.08
60.00 60.00
N00° 23' 17"W
112.05
60.00 60.00
6,722 SF
LOT 76
8,315 SF
LOT 77
60.00 N00° 23' 17"W
112.05
60.00 60.00
N00° 23' 17"W
112.03
55.00 C22
S00° 23' 17"E
92.00 75.00
19' R/W
12' PUE
N89°36'43"E 268.00' N89°36'43"E 262.00'
S00°23'17"E 558.00'
S00°23'17"E 558.00'
S00°00'11"E (R3) S00°23'17"E 558.62' (M)
S00°23'17"E 558.00'
S00°23'17"E 558.00'
2' WALL EASEMENT
S00°00'11"E (R3) S00°23'17"E 130.99' (M) 19' R/W 12' PUE 19' R/W
12' PUE
19' R/W
12' PUE
12' PUE
19' R/W
19' R/W
12' PUE
S79° 09' 10"W31.21
S89° 36' 44"W
41.02 6,762 SFLOT 61
59.83 2.00
59.83 2.00
55.00 55.00
55.00 55.00 55.00 55.00
55.00 55.00 55.00
C26
S58° 24' 18"E
133.03
44.12 S89° 36' 43"W
111.03
629100
58.096CP62911758.094
C18C19
C20
C21
C22C23C24
C25
C26C27
C28C29
C30
C31
C32C33C34
C35
C36C37
C38C39
31.4231.42
31.36 31.4231.42
16.64 34.69
33.6258.74
6.98 16.64
31.4231.4231.4247.2550.10
50.11 37.63
12.43 37.41
29.71 95.68
20.0020.0020.0020.0020.0030.0050.0050.0050.0050.0030.0020.0020.0020.00 219.00219.00219.00219.00231.00231.00
20.00 440.00
090°00'00"090°00'00"089°49'38"090°00'00"090°00'00"031°47'18"039°44'50"038°31'16"067°18'25"008°00'05"031°47'18"090°00'00"090°00'00"090°00'00"012°21'41"013°06'27"013°06'35"009°50'42"003°05'02"009°16'47"085°06'41"012°27'34"
CURVE TABLE
CURVE # LENGTH RADIUS DELTA
BASIS OF BEARINGS
BEARINGS SHOWN HEREON ARE BASED ON THAT RECORD OF
SURVEY FILED IN BOOK 18 OF RECORD OF SURVEYS AT PAGE 239,SUTTER COUNTY RECORDS.
SUBDIVIDED AREA = 14.73 ACRES
LOTS = 12.28 ACRESROADS = 2.45 ACRES
50'
0 25' 50' 100'
GRAPHIC SCALE ( IN FEET )
SEE SHEET 3
HARTER ESTATES SOUTH
CITY OF YUBA CITY
JULY 2023
CALIFORNIACOUNTY OF SUTTERPREPARED BY: MHM INC. 1204 "E" STREET, MARYSVILLE, CA 95901 21154 SHEET 4 OF 4
RECORD REFERENCESLEGEND
S.F.
()
PUE
M
EMBRACES RECORD DATAPUBLIC UTILITY EASEMENTPUBLIC SERVICE EASEMENTMEASURED
SQUARE FEET
BASIS OF BEARINGSFOUND MONUMENT AS SHOWN
SET 5/8" REBAR W / CAP LS 8457CALCULATED POINT - NOTHING
FOUND OR SETFOUND STANDARD CENTERLINE MONUMENT
SET STANDARD CENTERLINE MONUMENT
(B.O.B.)
PSE
BLACKBERRY DRIVE
RASPBERRY WAY
RUTH AVENUE
CRANBERRY WAY
(R1) LOT LINE ADJUSTMENT 21- 09 - DOCUMENT NO. 2021-0023789(R2) GRANT DEED FOR RIGHT OF WAY - DOCUMENT NO. 2005-0029547(R3) BRYN MAWR ESTATES - UNIT 3, BOOK 12 OF SURVEYS, PAGE 230(R4) UNRECORDED ALTA SURVEY FOR HARTER PACKING COMPANY BY VON GELDERN ENGINEERING (1985)
(R5) RIGHT OF WAY OF A PARCEL OF LAND DEEDED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 12, 1963 IN BOOK 634 OFFICIAL RECORDS AT PAGE 235, SUTTER COUNTY RECORDS
(R6) MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS AT PAGE 43
BEING PORTION OF LOTS 1, 4, AND 5 AS SHOWN ON THAT CERTAIN MAPENTITLED "MAP OF THE SOUTH 51.51 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 3 EAST, MT. DIABLO BASE AND MERIDIAN", FILED IN BOOK 1 OF SURVEYS, PAGE 43 , SUTTER COUNTY RECORDS
N89°38'08"E 637.10' (R1, R4 & M)
N00°23'47"W 560.26' (R1, R4 & M)
ATTACHMENT 2
HWY 20
R
U
T
H
AV
E
EL M
A
R
G
A
R
TI A
R
D
B
R
Y
N
M
AW
R
D
R
COLUSA FRONTAGE RD
REDDING AVE
K
MI B
E
RLY
D
R
JEFFERSON AVE
BRYAN WAY
O
R
O
G
R
A
N
D
E
S
T
HWY 20
¶
Location Map: Harter Estates South
Tentative Subdivision Map 19-04
1 inch = 300 feet
Harter Estates
South
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Bill Williams, Police Sergeant
Summary
Subject: Street Racing Ordinance
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City further regulating unpermitted motor vehicle racing, exhibitions of speed, and side shows, by authorizing forfeiture and, when applicable, equitable sharing, by amending Section 4-8.407, Article 4, Chapter 8, of Title 4 of the Yuba City Municipal Code by title only and waive the first reading Fiscal Impact: No fiscal impact, but potential revenue generated from issued citations and/or vehicle forfeitures.
Purpose:
To update the Yuba City Municipal Code to discourage illegal motor vehicle speed contests, exhibitions of speed, side shows, and the presence of spectators by declaring such activities as a nuisance and providing for civil forfeiture of vehicles used in furtherance of these illegal activities in an effort to improve the quality of life and safety of the citizens of the City of Yuba City.
Council’s Strategic Goal:
Public Safety and Quality of Life.
Background:
Since February of 2021, there have been no less than 17 calls for service involving street racing and side show events in the City of Yuba City. These events have drawn hundreds of spectators, to include teenagers and small juveniles, and placed them in close proximity to subjects engaged in reckless driving. These calls for service have included crimes such as vehicle pursuits, reckless driving, hit and run collisions, and vandalism. These incidents have resulted in multiple arrests, but more importantly, citizens have been injured as a result of collisions involving participants engaged in reckless driving and/or evading police. In April of 2023, a Yuba City Police Officer was surrounded by a large group of street racing/side show participants. The officer was trying to assist another officer who was involved in a vehicle pursuit after observing the vehicle driving recklessly in an intersection. The group prevented the officer from assisting in the pursuit and significantly damaged the police vehicle.
The Yuba City Police Department has tried to address the issue by partnering with local, out of area, and state law enforcement agencies to address the issues surrounding street racing and side show events by utilizing the current City ordinance and state laws, but the problem persists.
While the current Yuba City Municipal Code does regulate “motor vehicle races” within the City, it does not have the latest enforcement mechanisms to address side show events and associated spectators and participants, which inhibits enforcement efforts. To address the negative impacts to the quality of life and safety of Yuba City citizens caused by motor vehicle races and sideshows, the Yuba City Police Department Staff are proposing an updated ordinance for Council consideration.
Analysis:
The draft ordinance would update the Municipal Code to reflect the following:
• Add definitions for preparations, side show, and spectator; • Define unlawful conduct prohibited by the section and identify such conduct a nuisance; • Identify vehicles used in furtherance of violation as a nuisance that may be impounded, and may be subject to forfeiture;
• Identify penalties for violations, which include administrative citations; • Provides for recovery of enforcement costs, including attorney’s fees and other associated costs; and
• Allows for the impoundment and forfeiture of nuisance vehicles, including an associated appeals process.
Fiscal Impact:
No fiscal impact, but potential revenue generated from issued citations and/or vehicle forfeitures.
Alternatives:
The Council may choose to take no action, which will leave the current regulation in effect.
Recommendations:
Introduce an ordinance of the City Council of the City of Yuba City further regulating unpermitted motor vehicle racing, exhibitions of speed, and side shows, by authorizing forfeiture and, when applicable, equitable sharing, by amending Section 4-8.407, Article 4, Chapter 8, of Title 4 of the Yuba City Municipal Code by title only and waive the first reading.
Attachments:
Draft of amended City of Yuba City ordinance, Section 4-8.407 (Motor Vehicle Racing), Article 4, Chapter 8, of Title 4
Attachments:
1. Attachment 1-Street Racing Ordinance
Prepared By: Submitted By:
Bill Williams
Police Sergeant
Diana Langley
City Manager
01248.0010/912985.1 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY FURTHER
REGULATING UNPERMITTED MOTOR VEHICLE RACING, EXHIBITIONS OF
SPEED, AND SIDE SHOWS, BY AUTHORIZING CIVIL FORFEITURE AND, WHEN APPLICABLE, EQUITABLE SHARING, BY AMENDING SECTION 4-8.407, ARTICLE 4, CHAPTER 8, TITLE 4 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City of Yuba City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the city, Cal. Const. Art. XI, section 7; and WHEREAS, the City Council of the City of Yuba City finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety, and welfare of the City; and
WHEREAS, pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed on public streets and highways, more commonly known as “street races” or “drag races,” are illegal; and
WHEREAS, the City has numerous areas where the local streets and highways provide ideal conditions for these illegal motor vehicle speed contests and exhibitions of speed that attracts these illegal activities; and
WHEREAS, illegal motor vehicle speed contests and exhibitions of speed on the streets and highways in the City have become a broad community problem that threatens public peace, health and safety, creates a public nuisance, and interferes with the right of private businesses and property owners to enjoy the use of their property in the City; and WHEREAS, illegal motor vehicle speed contests and exhibitions of speed attract hundreds of juveniles and adults from all areas within the region on a regular basis to participate or to be a spectator at these events; and
WHEREAS, illegal motor vehicle speed contests and exhibitions of speed create a dangerous environment, with traffic congestion and risk of serious injury or death for pedestrians, bystanders, and vehicular traffic on local streets and highways in the City; and WHEREAS, the City Council previously considered and adopted Ordinance no. 010-20, which enacted Section 4-8.407, Article 4, Chapter 8, Title 4 of the Yuba City Municipal Code, making it unlawful for any person to operate, conduct, maintain, promote, or participate or engage in any motor vehicle race within the City, unless otherwise permitted; and WHEREAS, illegal motor vehicle speed contests and exhibitions of speed also create an environment that encourages spectators and encourages people to engage in automobile performance demonstrations and other activities known as “side shows,” by both adults and minors and
01248.0010/912985.1 2
WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows provide a location for possession, sale, and consumption of narcotics, illegal drugs, and alcohol; and
WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows provide a location for criminal street gangs to loiter, with intent to publicize street gang’s control over territory, intimidate nonmembers, conceal ongoing commerce in narcotics, illegal drugs, alcohol, or other unlawful activity, all in an effort to lead participants to believe the gang was trying to establish control/dominance of a public area; and WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows attract other criminal activity, including but not limited to juvenile curfew violations, littering, drinking in public, urinating in public, fights and disturbances, trespassing, graffiti, and vandalism; and
WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows have caused or contributed to traffic collisions, with personal injuries to participants, spectators, and innocent bystanders, including minors; and
WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows are planned and coordinated by participants and spectators through the use of the internet, cell phones, police scanners, and other electronic devices that allows them to move in their vehicles spontaneously from one location to another in an attempt to avoid detection and prosecution by law enforcement agencies; and
WHEREAS, illegal motor vehicle speed contests, exhibitions of speed, and side shows continue to occur despite asserted efforts of law enforcement to detect and prevent these illegal activities through enforcement of existing traffic laws; and WHEREAS, the mere presence of spectators at illegal motor vehicle speed contests and exhibitions of speed serves to fuel reoccurrence of illegal vehicle speed contests and exhibitions of speed and, thereby, creates an environment for these illegal activities as well as other illegal activities that place at risk the health, safety, and welfare of the public; and WHEREAS, by discouraging spectators at illegal motor vehicle speed contests and exhibitions of speed, the act of organizing and participating in these illegal activities will be discouraged; and
WHEREAS, by authorizing the use of civil forfeiture and, when available, equitable sharing, by the Yuba City Police Department to confiscate, impound, and pursue forfeiture of vehicles involved in illegal motor vehicle speed contests and exhibitions of speed, the act of organizing and participating in these illegal activities will be discouraged; and WHEREAS, the City seeks to promote the City’s interest in protecting and preserving the safety of pedestrians and motorists in, about, or upon public streets and highways, and the public right of way generally, so as to minimize any dangerous conditions caused by illegal motor vehicle speed contests, exhibitions of speed, and side shows, and to curb criminal or other dangerous activity that poses a risk to the public’s health, safety, welfare; and
01248.0010/912985.1 3
WHEREAS, the City Council now desires to amend the Municipal Code by adopting an ordinance to further regulate speed contests, exhibitions of speed, and side shows, by authorizing civil forfeiture, and where available, equitable sharing consistent with SB 443.
NOW THEREFORE, the City Council of the City of Yuba City does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. Section 4-8.407, Article 4, Chapter 8, Title 4 of the Yuba City Municipal Code is amended in its entirety to read as follows:
Sec. 4-8.407. - Motor vehicle speed contests, exhibitions of speed, and sideshows. (a) Findings and purpose. The streets within the City have been the site of continuing and escalating illegal street races, exhibitions of speed, and automobile performance demonstrations and other activities known as “side shows” over the past several years despite asserted efforts of law enforcement agencies to prevent and otherwise abate these illegal activities through the enforcement of existing traffic laws and the City’s code. Such illegal motor vehicle speed contests, exhibitions of speed, and side shows constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. Illegal motor vehicle speed contests, exhibitions of speed, and side shows are fueled by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish.
Additionally, illegal motor vehicle speed contests, exhibitions of speed, and side shows cause considerable damage to streets and other property in the City, often requiring expenditure of public funds to make necessary repairs.
Therefore, the intent and purpose of this section is to discourage illegal motor vehicle speed contests, exhibitions of speed, side shows, and the presence of spectators by declaring such activities, and the instruments for carrying them out, as nuisances. This chapter targets a very clear and limited population and gives prior notice to residents and visitors as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races, exhibitions of speed, and sideshows, will be discouraged. In authorizing seizure and civil forfeiture of vehicles used in motor vehicle speed contests, exhibitions of speed, and sides shows, the act of organizing and participating in illegal streets races, exhibitions of speed, and sideshows, will be discouraged.
This ordinance is not intended to preempt state law governing the regulation of speed contests, exhibitions of speed, or side shows, but rather compliment such laws by prohibiting spectators at such events, and providing for civil forfeiture of vehicles used in furtherance of these illegal activities.
(b) Definitions. For purposes of this chapter, the following definitions shall apply, except where the context clearly indicates a different meaning:
"Motor vehicle" shall have the same definition as Section 670 of the California Vehicle Code, and shall include, without limitation, any automobile, racing car, motorcycle, motorized
01248.0010/912985.1 4
scooter, or other self-propelled vehicle, whether or not the same is licensed by the State to operate on public streets.
"Motor vehicle speed contest" shall have the same definition as Section 23109(a) of the California Vehicle Code, and shall include any race, speed, or other contest involving one or more motor vehicles, or in which a motor vehicle is timed for operation over a measured distance, and includes exhibitions of speed.
“Preparations” means those preparations for the illegal motor vehicle speed contest or exhibition of speed, including, but not limited to, situations in which:
1. A group of vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event;
2. A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events;
3. A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event;
4. One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;
5. Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;
6. One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or
7. An individual is stationed at or near one or more motor vehicles serving as a race starter.
“Side show” shall have the same definition as Section 23109(i), and shall include any motor vehicle performance demonstration that is not otherwise a motor vehicle race. “Spectator” means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term “spectator” includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
(c) Unlawful conduct prohibited; nuisance declared. It is unlawful for any person to operate, conduct, maintain, promote, participate, engage in, or be a spectator at any motor vehicle speed contest or side show within the City, unless such activity is expressly allowed by City permit or occurs in a facility permitted for such activity. Such conduct constitutes and may be prosecuted as a misdemeanor for criminal enforcement purposes.
01248.0010/912985.1 5
(d) Vehicles in furtherance of violation; nuisance declared. Any motor vehicle used in furtherance of a motor vehicle speed contest or side show is declared to be a nuisance. Any motor vehicle present during preparations for a motor vehicle speed contest or side show intended for use in such an event is declared to be a nuisance. Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code Section 38771, and as amended from time to time.
(e) Violations; administrative citation
1. Any person who participates in a motor vehicle speed contest or side show on a public street, highway, or property, or on private property open to the general public without the consent of the owner, operator, or agent thereof, violates this section.
2. Any person who is knowingly present as a spectator of a vehicle speed contest or side show on a public street, highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof during such event, or when and where preparations are being made for such events, violates this section.
3. Law enforcement shall also have the authority to issue an administrative citation for any violation of this section.
4. An individual is present at the illegal motor vehicle speed contest or sideshow, or during preparations therefore, if that individual is within 500 feet of the location of the event, or within 500 feet of the location where preparations are being made for the event, with the intent to take part therein or otherwise be a spectator therefor.
5. Nothing in this Section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or sideshows in the course of their official duties.
(f) Violations; nuisance abatement; nonexclusive remedy. Any violation of this section constitutes a nuisance subject to abatement in accordance with this Chapter, or pursuant to any other administrative, civil, and/or criminal remedy the City may elect. Enforcement under this Chapter is not the exclusive remedy or penalty for violations, but rather supplements and is in addition to any other applicable local, state, or federal law. (g) Enforcement costs; attorney’s fees. In any action to abate a nuisance under this section, if the City is the prevailing party in any administrative, civil, and/or criminal action, it will seek recovery of enforcement costs, including attorney’s fees and costs, as permitted by law. (h) Impounding and forfeiture of nuisance vehicles. A motor vehicle used in connection with a violation of this section is declared as a nuisance, may be impounded, and may be subject to forfeiture as set forth in this Section.
(i) Impound Procedure. The Chief of Police or their designee shall adopt or promulgate procedures for any impound of a motor vehicle carried out under this Section. Such procedures shall include provisions for the holding of motor vehicles impounded pursuant to this section and held as evidence in any proceeding brought by the City Attorney or District Attorney.
01248.0010/912985.1 6
(j) Forfeiture; notice of intended forfeiture of motor vehicle. (1) The Chief of Police or their designee may make a determination of whether a motor vehicle impounded pursuant to this section shall be subject to forfeiture as a nuisance abatement measure. Such a determination shall be made in writing and based upon articulable factual circumstances demonstrating that not forfeiting the impounded vehicle is reasonably likely to cause or contribute to a future violation of this section. All police department reporting made in connection with the initial impound of the subject motor vehicle shall be prima facie evidence to support the impound, however, the Chief of Police or their designee shall bear the initial burden of demonstrating the factual basis for forfeiture. (2) Written notice of the determination of intended forfeiture shall be served on the registered owner(s), the operator or person with apparent custody of the motor vehicle at the time of impound, and any lien holder for the motor vehicle. Written notice shall be by certified mail, return receipt requested, and shall be effective upon deposit in the mail. If a recipient refuses delivery, refuses return receipt, or is intentionally not otherwise available, service may be accomplished by personal service, with the costs of such personal service to be charged to the party avoiding service, which shall be payable to the City immediately, and in any event, no later than the due date for submission of a timely appeal, regardless of whether an appeal is requested.
Any cost for personal service still owing and due thereafter shall be a debt owed to the City, subject to collection under this code or other law for the collection of debts. (k) Appeal of forfeiture determination. Any recipient of the notice of determination from the Chief of Police or their designee may appeal the determination by submitting a request for appeal in writing, along with an appeal fee as set by the City’s fee schedule, to the City Clerk, within 10 days of the date of notice of determination. If the appeal and appeal fee are not received within the appeal period, any potentially appealing party will be deemed to have failed to exhaust their administrative remedies, and the determination of the Chief of Police shall become a final administrative determination and order for forfeiture. Appeals must include detailed factual information as to why the determination of intended forfeiture was incorrectly reached. (l) Appeal; independent hearing officer.
(1) If a timely appeal and fee are presented, an appeal hearing shall be scheduled before an independent hearing officer within 30 days of the date the timely appeal and fee are received by the City. The appeal period may be extended by mutual written agreement. (2) The hearing officer shall consider all documents relied upon by the Chief of Police or their designee in reaching the determination of intended forfeiture, the notice of intended forfeiture, any timely appeal(s), and any additional information or testimony provided at the appeal hearing. At least 5 days prior to the appeal hearing, the appealing party shall be provided with a copy of all written information provided to the hearing officer. (3) The appealing party shall have the opportunity to present additional documents and witnesses and evidence in support of their appeal. If presenting additional documents and evidence, the appealing party must provide a copy to the hearing officer and to the Chief of Police or their designee.
01248.0010/912985.1 7
(4) An appealing party may elect to have legal counsel present to assist with presentation of the appeal. Any failure by any appealing party to have legal counsel present shall constitute a waiver of any right to legal counsel, if any. (5) The Chief of Police or their designee may have an attorney from the City Attorney’s office present to assist with opposing the appeal. (6) The appeal hearing shall be informal and will not be subject to the formal rules of evidence. The hearing officer shall not have the power to consider any motion made pursuant to Evidence Code section 1043, et seq.
(7) The hearing may be recorded. Anyone requesting a copy of the recording shall bear their own costs for the copy requested. Any appealing party may provide a certified shorthand reporter at the appeal hearing at their own cost for purposes of creating a transcript of the appeal hearing. Anyone requesting a transcript of proceedings prepared by a certified shorthand reporter shall bear their own costs.
(8) The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision.
(9) After considering all of the evidence and testimony submitted during the appeal hearing, the hearing officer shall issue a written decision and determination within 10 days of the hearing to uphold or deny the determination of intended forfeiture. The written decision of the hearing officer shall include the reasoning and factual basis for the decision and shall be final upon issuance.
(a) If the hearing officer upholds the determination of intended forfeiture, the Chief of Police or their designee may proceed with any of the forfeiture methods provided in this section.
(b) If the hearing officer overturns the determination of intended forfeiture, the subject motor vehicle shall not be forfeited, and the appealing party may contact the Police Department to arrange for release of impounded motor vehicle. Any successful appeal does not relieve the appealing party from payment of all fees, fines, costs, and penalties that may be associated with the motor vehicle impound. The successful appealing party shall be entitled to a refund of the appeal fee. A successful appeal does not constitute a finding that the appealing party was a prevailing party for purposes of recovery of attorney’s fees and costs. (m) Administrative forfeiture. If no timely appeal and appeal fee are received, the Chief of Police or their designee shall provide a notice of administrative forfeiture for the subject motor vehicle by certified mail within 10 days after the appeal period. The notice of administrative forfeiture shall provide all relevant information for the subject motor vehicle to effectuate a change in ownership under current California Department of Motor Vehicles regulations. A notarized copy of the notice of administrative forfeiture under this section shall be deemed good and sufficient evidence of title to the forfeited vehicle in favor of the City.
01248.0010/912985.1 8
(m) Appeal of hearing officer determination. Any party to an appeal hearing may appeal the decision of the hearing officer in accordance with Government Code section 53069.4. The prevailing party in any such appeal shall be the prevailing party for purposes of recovery of attorney’s fees and costs.
(n) Payment of fines, fees, penalties, and charges. All towing and storage charges, fines, fees, penalties, and/or any other administrative costs authorized pursuant to California Vehicle Code section 22850.5 and this code, must be paid, regardless of appeal outcome, unless otherwise excused, waived, or released by the city.
(o) Motor vehicle title vesting in the city. All right, title, and interest in the subject motor vehicle shall vest in the City upon the expiration of the time to appeal if a timely appeal and appeal fee are not received; upon expiration of the time set forth in California Government Code section 53069.4 or upon expiration of the time set forth in California Code of Civil Procedure section 1094.6 for any decision made by the hearing officer on a timely appeal. (p) Sale of forfeited vehicle after final determination of forfeiture. Any motor vehicle for which a final determination of forfeiture has been made pursuant to this section or court order may be sold.
(q) Disposition of low-value vehicles. If the Chief of Police or designee determines that a motor vehicle subject to a final determination of forfeiture is of so little value that it cannot be readily sold to the public generally, the vehicle may instead be conveyed to a licensed dismantler or donated to a reputable charitable organization. License plates shall be removed from any motor vehicle conveyed to a dismantler pursuant to this Section. (r) Distribution of sale proceeds.
(1) The proceeds of a sale of a forfeited motor vehicle shall be disposed of in the following priority:
(A) To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice required in this section, the costs of sale, and the unfunded costs of judicial proceedings, if any; then (B) To satisfy City legal expenditures, made or incurred by the City Attorney’s Office in connection with the enforcement of this section, including, but not limited to, costs for investigation, litigation, and notices resulting from enforcement of this section; then
(C) To local law enforcement for all expenditures, other than personnel costs, made or incurred in connection with enforcement of this section, including, but not limited to, costs for equipment, investigation, and supplies related to enforcement; provided, however, that any overtime costs incurred by local law enforcement resulting from such enforcement of this section will be reimbursed to the corresponding City account; then
01248.0010/912985.1 9
(D) To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the activities proscribed by this Section; then
(E) Upon satisfactory proof to the Director of Finance, to the legal owner or primary lien holder in an amount to satisfy the indebtedness owed and remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then
(F) to the City’s general fund.
(s) Destruction of forfeited motor vehicles. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this Section. (t) Prohibition of transfer of forfeited motor vehicles to specified parties. A forfeited vehicle shall not be sold to any person who has violated this Section in the past 5 years or their immediate household. Any person who knowingly facilitates any kind of transfer of right, title, or possession of a motor vehicle forfeited under this Section to any person who has violated this section in the past 5 years or their immediate household is guilty of a misdemeanor. (u) Accounting of sale proceeds. The Police Department shall maintain records of all proceeds of sales of forfeited motor vehicles under this Section according to the City records retention policy in effect at the time of the sale.
(v) Stolen vehicles. The forfeiture provisions of this Section shall not apply to impounded motor vehicles that had been reported stolen prior to the date of impound. (w) Equitable sharing. Noting in this Section precludes the use of equitable sharing in accordance with SB 443, as applicable.
SECTION 3: SEVERABILITY. If any article, section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The Council hereby declares that it would have adopted this ordinance and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4: EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
01248.0010/912985.1 10
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the ___ day of April, 2023, and passed and adopted at a regular meeting held on the ____ day of _____, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Wade Kirchner, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Barry Elementary School Waterline Extension Project (Award Construction Contract)
Recommendation: Adopt a Resolution which takes the following actions:
A. Reject Newland Entities, Inc.’ bid as non-responsive B. Award a construction contract to West Valley Construction in the amount of $3,799,005.00, subject to State approval of an amended funding agreement
C. Award a professional services agreement for construction management and inspection services to MHM, Inc. in the amount of $211,623.60, subject to State approval of an amended funding agreement D. Award a professional services agreement for labor compliance services to the Solis Group in the amount of $18,760.00, subject to State approval of an amended funding agreement
E. Authorize the Finance Director to make the necessary supplemental appropriations
Fiscal Impact: $4,637,229.85 – CIP Account No. 1258 (Barry School Water Transmission Line) $3,799,005.00 - Contract Award Amount
$569,850.75 - (15%) Construction Contingency
$268,374.10 - (7.06%) Construction Management
Purpose:
To facilitate the construction of the Barry School Waterline Extension Project to provide water service to Barry Elementary School.
Council’s Strategic Goal:
This project addresses City Council’s Strategic Goal of improving the City’s Infrastructure.
Background:
On June 2, 2015 Council approved providing water service to Barry Elementary School in response to Barry School’s request after it had received a notice of non-compliance for drinking water from the California Department of Public Health. On September 1, 2015, Council authorized the City Manager to sign a financial assistance application for a financing agreement with the State Water Resources Control Board (State) for the planning and design of the Barry Elementary School Waterline Extension Project. On September 20, 2022, the City entered into the Funding Agreement (agreement) with the State. The agreement provides principal forgiveness for all costs encumbered through planning, design, and construction of the project.
This project proposes the construction of approximately 12,580 LF of new City waterlines to extend water services to Barry Elementary School.
Analysis:
Construction Contract:
The Barry Elementary School Waterline Extension Project was advertised for bids beginning June 1, 2023. Plans and specifications were posted on publicpurchase.com and provided to local builder/contractor exchanges. On July 5, 2023, six (6) bids were received and opened by the City Clerk.
A list of the bids received and the Engineer’s Estimate are shown below.
Company Total Bid
Newland Entities, Inc. $3,510,040.00
West Valley Construction $3,799,005.00
Terracon Constructors, Inc. $4,186,531.00
Lund Construction, Co. $4,219,089.00
ARB, Inc. $4,359,850.00
North Star Construction $5,134,570.00
Engineer’s Estimate $4,385,628.00
Newland Entities, Inc. (Newland) is the apparent low bidder. However, upon review of Newland’s bid package, staff observed the following irregularity:
o Disadvantaged Business Enterprise (DBE) solicitation requirements of the State funding agreement were not met prior to the project’s bid opening.
Due to the above irregularity, staff finds Newland’s bid non-responsive. It is in the City’s best interest to award the construction contract to the next low bidder, West Valley Construction (West Valley), who is the low responsive, responsible bidder. Staff has reviewed West Valley’s bid package and found no errors or irregularities. Additionally, West Valley’s bid complies with the City’s bid specifications and State requirements.
Construction Management and Inspection:
The Barry Elementary School Waterline Extension Project construction includes the installation of approximately 6,160 linear feet (LF) of 3-inch water service pipe, 3,080 LF of 14-inch watermain, 3,470 LF of 12-inch watermain, and 7,720 square feet (sqft) of asphalt paving. A project of this magnitude requires significant construction management and inspection staffing to oversee the construction process, assure that City, State, and Federal standards are adhered to, and to represent the City
against potential construction claims. The construction management and inspection needs of this project exceed City staffing levels, especially considering all of the other planned capital improvement, development projects, and encroachment permits.
On May 17, 2023, staff requested a proposal from MHM, Inc. (MHM) to provide construction management and inspection services for the Barry School Waterline Extension Project. On May 22, 2023, MHM submitted their proposal for review. MHM is highly qualified and has intimate knowledge of the project as the City’s design engineer and is thus extremely familiar with the City’s water infrastructure, and standards. Additionally, MHM has been the selected consultant through the traditional request for proposal process in the past, and billing rates are competitive with the industry.
Staff recommends entering into a Professional Services Agreement with MHM in the amount of $211,623.60 which includes a 20% contingency to account for potential extra work due to time-sensitive work requiring overtime. The City will be billed for actual costs.
Contract administration will be performed by Public Works Department staff. Staff recommends contracting with the City’s approved professional labor compliance consultant, The Solis Group (Solis), for said services.
Project construction is expected to begin in Fall 2023/Winter 2024, weather permitting, and continue through at least the Spring of 2024.
Fiscal Impact:
The estimated total project cost is approximately $4,637,229.85 which consists of the following components:
Construction Contract $3,799,005.00
Construction Contingency (15%) $569,850.75
Construction Management / Inspection (5.57%) $211,623.60 Labor Compliance (0.49%) $18,760.00
City Administration (1%) $37,990.50
Total $4,637,229.85
Staff recommends a 15% construction contingency to account for unforeseen construction conditions arising from the complicated nature of performing underground horizontal directional drilling to install 3- inch water service pipe.
The current funding agreement with the State is for a total project cost of $2,380,000.00. Staff has submitted a request to amend the funding agreement based on the costs outlined above. The State has advised that the amendment will take approximately 120 days to process and that Council award of the construction contract is necessary to process the amendment. Full principal forgiveness will be included with the amended funding agreement.
The construction and consultant contracts associated with this project will not be executed until the amended funding agreement is approved by the State.
Staff is requesting authorization for the City Finance Department to make the necessary budget updates to fund CIP Account No. 1258 (Barry School Water Transmission Line) to the total estimated project cost of $4,637,229.85 in accordance with the amended funding agreement.
Environmental:
In August 2016 Council approved the project environmental Initial Study/Mitigated Negative Declaration which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA). There has not been any substantial new information acquired nor changes to the project since it was evaluated, and no further evaluation for this portion of the project is required under CEQA.
Alternatives:
Reject all bids and either re-advertise the project or delay/cancel the project. This may jeopardize State Revolving Fund funding.
Recommendation:
Adopt a Resolution which takes the following actions:
A. Reject Newland Entities’ bid as non-responsive.
B. Award a construction contract to West Valley Construction in the amount of $3,799,005.00, subject to State approval of an amended funding agreement.
C. Award a professional services agreement for construction management and inspection services to MHM, Inc. in the amount of $211,623.60, subject to State approval of an amended funding agreement.
D. Award a professional services agreement for labor compliance services to the Solis Group in the amount of $18,760.00, subject to State approval of an amended funding agreement.
E. Authorize the Finance Director to make the necessary supplemental appropriations.
Attachments:
1. Resolution - Barry Waterline Award
2. Exhibit A - 15-06 Barry School Award Contract
3. Exhibit B - (Draft) Professional Services Agreement - MHM Prepared By: Submitted By:
Nick Menezes
Assistant Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A
CONSTRUCTION CONTRACT TO WEST VALLEY CONSTRUCTION IN THE AMOUNT OF THEIR TOTAL BID $3,799,005.00, AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TO MHM, INC. IN THE AMOUNT OF $211,623.60, AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR LABOR COMPLIANCE SERVICES TO THE SOLIS GROUP IN THE AMOUNT OF $18,760.00,
AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE THE NECESSARY SUPPLEMENTAL APPROPRIATIONS (BARRY ELEMENTARY SCHOOL WATERLINE EXTENSION PROJECT (15- 06))
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Barry Elementary School Waterline Extension Project (Project); and
WHEREAS, in response to the advertisement, the City received six (6) bids for the Project in the following bid amounts:
Newland Entities, Inc. $3,510,040.00
West Valley Construction $3,799,005.00
Terracon Constructors, Inc. $4,186,531.00
Lund Construction, Co. $4,219,089.00
ARB, Inc. $4,359,850.00
North Star Construction $5,134,570.00; and
WHEREAS, the City’s Bid Specifications section 2.13 “Disadvantaged Business Enterprise (DBE) Requirements” provides that:
• In submitting a bid, the bidder shall, in the selection of any and all contractors, subcontractors, and vendors for the procurement of equipment, supplies, construction, and services related to the project, at a minimum, undertake the following affirmative “Good Faith Effort” steps. Failure to take these six (6) affirmative steps, prior to bid opening..….shall cause the bid to be rejected as a non-responsive bid. • Good Faith Effort Requirements
1. Include minority and women business enterprises on solicitation lists;
2. Assure that minority and women business enterprises are solicited whenever they are potential sources, in a way that encourages and facilitates their participation in the competitive process. Solicitations shall be posted for a minimum of 30 calendar days in a local newspaper.
3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by minority and women business enterprises.
4. Establish delivery schedules, when the requirements of the work permit, which will encourage participation by minority and women business enterprises.
5. Use the services and assistance of the Small Business Administration and the U.S.
Minority Business Development Agency, as appropriate; and
6. If any contractor awards sub-agreements, require the contractor to take the affirmative steps in paragraphs (1) through (5) of this section. • Failure of the apparent low bidder to perform the six affirmative Good Faith Effort steps prior to bid opening and/or to submit the Disadvantaged Business Enterprise Information Form and SWRCB Forms with its bid will lead to its bid being declared non-responsive by the City of Yuba City. The City of Yuba City may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract specifications.; and
WHEREAS, the City Public Works Department has reviewed the six (6) bids, and examined the apparent low bid from Newland Entities, Inc. and found it to be unresponsive for the following reasons:
DBE Requirements: The apparent low bidder failed to meet the requirements of Section
2.13 of the City’s Bid Specifications.
WHEREAS, this irregularity constitutes a substantial and consequential discrepancy from the City’s call for bids because it fails to meet the stated DBE Good Faith Efforts requirements; and WHEREAS, requiring the bidder to comply with the DBE Good Faith Efforts requirements is an important component of the project funding, the absence of which is a consequential discrepancy from the City’s call for bids; and
WHEREAS, when reviewing bids, the City of Yuba City has discretion to determine responsiveness and may demand strict compliance with the bid specifications, WHEREAS, the City Public Works Department has reviewed and examined the next apparent low bid, West Valley Construction and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project, and; WHEREAS, the City desires to award the bid to West Valley Construction of Campbell, CA and enter into an agreement with West Valley Construction to construct the Barry School Waterline Extension Project; and
WHEREAS, a mitigated negative declaration was prepared and adopted for the Project which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA). There has not been any substantial new information acquired nor changes to the project since it was evaluated, and no further evaluation for this portion of the project is required under CEQA; and
WHEREAS, the City desires to award a contract for construction management and inspection services to MHM, Inc. of Marysville, CA in the amount of $211,623.60 to ensure construction complies with funding requirements and project specifications; and WHEREAS, the City desires to award a contract for labor compliance services to The Solis Group of Pasadena, CA in the amount of $18,760.00; and
WHEREAS, upon City award of a construction contract, the State Water Resources Control Board (State) will be processing an amendment to the City’s existing funding agreement that will provide full principal forgiveness for the total project cost.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. A mitigated negative declaration was previously adopted by the City Council for this project, which included the construction of the water line and connection to City services. Additionally, there have been no substantial changes in the project since it was originally assessed, or no substantial new information that was not previously known when the project was originally assessed. No further action under the California Environmental Quality Act (CEQA) is required.
2. The City Council of the City of Yuba City finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
3. The City Council of the City of Yuba City exercises its discretion and rejects Newland Entities, Inc.’s bid for Contract No. 15-06 as non-responsive for all the reasons stated herein and included in the record.
4. The City Council of the City of Yuba City does hereby accept the bid of West Valley Construction, and further finds that West Valley Construction, is the lowest qualified responsive and responsible bidder.
5. The City Council of the City of Yuba City awards the construction contract to West Valley Construction, next low bidder, in the total amount bid of $3,799,005.00 for the Barry Elementary School Waterline Extension Project, subject to State approval of an amended funding agreement. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
6. The City Council of the City of Yuba City awards a professional services agreement for construction and inspection services to MHM, Inc. of Marysville, CA in the amount of $211,623.60, subject to State approval of an amended funding agreement, with a finding that it is in the best interest of the City. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
7. The City Council of the City of Yuba City awards a professional services agreement for labor compliance services to The Solis Group of Pasadena, CA in the amount of $18,760.00, subject to State approval of an amended funding agreement, with a finding that it is in the best interest of the City.
8. The City Council of the City of Yuba City authorizes the Finance Director to make necessary budget adjustments resulting from the amended funding agreement from the State.
9. This Resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August, 2023.
AYES:
NOES:
ABSENT:
_________________________
Wade Kirchner, Mayor
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
A. Exhibit A – (Draft) Agreement – Contract 15-06
B. Exhibit B – (Draft) MHM, Inc. Professional Services Agreement
EXHIBIT A
City of Yuba City Contract Agreement Barry Waterline Extension Project
CITY OF YUBA CITY
DEPARTMENT OF PUBLIC WORKS
CONTRACT AGREEMENT
BARRY WATERLINE EXTENSION PROJECT
CONTRACT NO. 15-06
THIS AGREEMENT, made and concluded this ____ day of _________________ 20___, between the City of Yuba City, party of the first part, and ________________, Contractor, party of the second part.
ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Department of Public Works, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated May 2015, the Standard Plans dated May 2015, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The Special Provisions and the project plans for the work to be done are entitled:
BARRY SCHOOL WATERLINE EXTENSION PROJECT
Which are hereby made part of this contract.
ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.
City of Yuba City Contract Agreement Barry Waterline Extension Project
ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. – The City of Yuba City hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.
ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Yuba City shall exercise general supervision.
ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
BARRY SCHOOL WATERLINE EXTENSION PROJECT
CONTRACT NO. 15-06
Item
No. Item Description Est. Qty. Unit of Measure
Item
Price Total Amount
Bid Schedule A (Barry Rd 3" District Water Service Line) 1 Mobilization and
Demobilization 1 LS
City of Yuba City Contract Agreement Barry Waterline Extension Project
2 3-inch Class 350 Ductile
Iron Pipe or Fusion Welded
HDPE
2,180 LF
3 Connect to Existing Water
Line (Detail W12) 1 EA
4 Install 2 1/2" BFP to Well
connection 1 EA
5 Trench Restoration (Detail
TR-3 -Type A) (In
Pavement)
1,380 LF
6 Trench Restoration (Detail
TR-3 - Type D) (Out of
Pavement)
800 LF
7 Restore Asphalt/Concrete
Driveway Across Trench 1 EA
8 Restore Asphalt/Concrete
Double Driveway Across
Trench
1 EA
9 Restore Gravel Double
Driveway Across Trench 2 EA
10 2” Road Inlay (Width Varies
& Includes Grinding) 12,400 SF
11 Air Relief Valve (Detail W15) 1 EA
12 Grind to Conform to existing
AC (Driveway) 9 EA
13 Pavement Delineation -
Repair / Replacement 1 LS
14 Traffic Control 1 LS
Subtotal Bid Schedule A=
Item
No. Item Description Est. Qty. Unit of Measure
Item
Price Total Amount
Bid Schedule B (Railroad Ave 3" Water Service Line)
1 Mobilization and
Demobilization 1 LS
2 3-inch Class 350 Ductile
Iron Pipe or Fusion Welded
HDPE
3,980 LF
3 4-inch Class 350 Ductile
Iron Pipe or Fusion Welded
HDPE
45 LF
4 3 Inch Water Gate Valve 2 EA
City of Yuba City Contract Agreement Barry Waterline Extension Project
5 4 Inch Water Gate Valve 1 EA
6 Blow Off Valve (Detail W9) 2 EA
7 Trench Restoration (Detail
TR-3 -Type A) (In
Pavement)
4,025 LF
8 2” Road Inlay (Width Varies
& Includes Grinding) 46,800 SF
9 Air Relief Valve (Detail W15) 3 EA
10 3" Service Connection With
3" BFP (Includes Badger 3”
Compound Meter, Cellular
Endpoint, Box, & Lid)
1 EA
11 Pavement Delineation -
Repair / Replacement 1 LS
12 Traffic Control 1 LS
Subtotal Bid Schedule B=
Item
No. Item Description Est. Qty. Unit of Measure
Item
Price Total Amount
Bid Schedule C (Railroad Ave 14" Water Main Line)
1 Mobilization and
Demobilization 1 LS
2 14-inch Class 350 Ductile
Iron Pipe 3,080 LF
3 Fire Hydrant with Valve & 6"
Water Line (Detail W1) 10 EA
4 Remove Existing Fire Hydrant
and Cap Line 1 EA
5 Connect To Existing Water
Line (Detail W12) 1 EA
6 14 Inch Water Gate Valve 9 EA
7 12 Inch Water Gate Valve 4 EA
8 12 Inch Water Stub with
blowoff, tee, valve, and blind
flange (15' stub)
1 EA
9 Trench Restoration (Detail
TR-3 -Type A) (In
Pavement)
3,040 LF
10 Trench Restoration (Detail
TR-3 - Type D) (Out of
Pavement)
100 LF
City of Yuba City Contract Agreement Barry Waterline Extension Project
11 2” Road Inlay (Width Varies
& Includes Grinding) 34,000 SF
12 Air Relief Valve (Detail W14) 2 EA
13 Pavement Delineation -
Repair / Replacement 1 LS
14 Traffic Control 1 LS
Subtotal Bid Schedule C=
Bid Schedule D (Stewart Rd 12" Water Main Line)
Item
No. Item Description Est. Qty. Unit of Measure
Item
Price Total Amount
1 Mobilization and
Demobilization 1 LS
2 12-inch Class 350 Ductile
Iron Pipe 3,470 LF
3 Fire Hydrant with Valve & 6"
Water Line (Detail W1) 12 EA
4 Connect to Existing Water
Line (Detail W12) 1 EA
5 12 Inch Water Gate Valve 6 EA
6 Trench Restoration (Detail
TR-3 -Type A) (In
Pavement)
360 LF
7 Restore Asphalt/Concrete &
Gravel Across Intersecting
Road
2 EA
8 Pavement Widening for
Trench Restoration 27,400 SF
9 Pavement Delineation -
Repair / Replacement 1 LS
10 Grind to Conform to existing
AC (Driveway) 12 EA
11 Traffic Control 1 LS
Subtotal Bid Schedule D=
TOTAL AMOUNT BID (BID SCHEDULES A + B + C + D) =
City of Yuba City Contract Agreement Barry Waterline Extension Project
City Attorney, City of Yuba City
CITY OF YUBA CITY CONTRACTOR
Diana Langley Company Name
City Manager
Date By and Title (signature)
Date
By and Title (printed)
Address
Telephone Number
EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
Barry Elementary School Waterline ExtensionProject
Construction Management & Inspection
This Agreement is made and entered into as of , 2023, by and between the City of Yuba City, a municipal corporation (“City”) and MHM, Inc. (MHM) (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
See Attached Scope of Services
(Exhibit A)
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred Seventy-Six Thousand, Three Hundred Fifty-Three Dollars ($176,353.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any
reimbursable expenses. City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request. * Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
10.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
14.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Benjamin Moody
Public Works & Development Services Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4626
If to Consultant: John Mallen
MHM, Inc.
1204 E Street
Marysville, CA 95901
(530) 742-6485
17.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
19.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
23.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
24.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
25.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
27.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By:_____________________________ By:_________________________ Diana Langley John Mallen
City Manager MHM, Inc.
Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
Exhibit A
Scope of Services
Task Order No. 1 - Attachment No. 1
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT PROJECT
COMBINED FEE SUMMARY
CONSTRUCTION SERVICES - BARRY WATERLINE IMPROVEMENT PROJECT 1 Project Management and Coordination
1.1 Project Management (August 1, 2023 through February 28, 2024) 4,301 $ - $ $ - $ 4,301
1.2 Invoicing and Progress Reports 3,815 $ - $ $ - $ 3,815
1.3 Progress Meetings $ - 3,875 $ $ - $ 3,875
Subtotal Project Management and Coordination 11,991 $ - $ $ - $ 11,991 2 Environmental and Permitting
2.1 Wetland Determination $ - $ - $ - $ -
2.2 Area of Potential Effect (APE) $ - $ - $ - $ -
2.3 Biological Resource Evaluation $ - $ - $ - $ -
2.4 Environmental Permit Facilitation $ - $ - $ - $ -
2.5 Archeological Study $ - $ - $ - $ -
2.6 Tribal Cultural Resources $ - $ - $ - $ -
2.7 CEQA Initial Study/Mitigated Negative Declaration $ - $ - $ - $ - Subtotal Environmental and Permitting $ - $ - $ - $ -
3 Preliminary Design
3.1 Design Team Coordination Meetings $ - $ - $ - $ -
3.2 Engineers' Estimate of Probable Cost $ - $ - $ - $ -
3.3 Draft Basis of Design Report $ - $ - $ - $ -
3.4 Final Basis of Design Report $ - $ - $ - $ -
3.5 Preliminary Record Boundary Information (does not include PTR) $ - $ - $ - $ - Subtotal Preliminary Design $ - $ - $ - $ -
4 Geotechnical Evaluations
4.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA $ - $ - $ - $ -
4.2 Subsurface Exploration $ - $ - $ - $ -
4.3 Laboratory Testing $ - $ - $ - $ -
4.4 Perform Engineering Analysis and Calculations $ - $ - $ - $ -
4.5 Prepare Geotechnical Report $ - $ - $ - $ -
Subtotal Geotechnical Evaluations $ - $ - $ - $ -
5 Design Engineering
5.1 Topographic Surveying and Mapping $ - $ - $ - $ -
5.2 ROW and Surveys (Research, Boundary Surveys, Descriptions, and Plats) $ - $ - $ - $ -
5.3 60% PS&E and DDR $ - $ - $ - $ -
5.4 90% PS&E and DDR $ - $ - $ - $ -
5.5 100%/Final PS&E and DDR $ - $ - $ - $ -
5.6 Storm Water Pollution Prevention Plan (does not include implementation) $ - $ - $ - $ -
5.7 Bidding Support $ - $ - $ - $ -
5.8 Conformed Plans and Specifications $ - $ - $ - $ -
Subtotal Design Engineering $ - $ - $ - $ -
6 Engineering Services During Construction
6.1 Submittal and Request for Information Review 9,166 $ - $ $ - $ 9,166
6.2 Additional Field Instructions and Field Coordination 2,813 $ - $ $ - $ 2,813
6.3 Field Inspections (does not include full time inspection) 5,108 $ - $ $ - $ 5,108
6.4 Change Order Support $ - 2,906 $ $ - $ 2,906
6.5 On-Site Meetings and Coordination $ - $ - $ - $ -
6.6 Record Drawings $ - 5,309 $ $ - $ 5,309
Subtotal Engineering Services During Construction 25,303 $ - $ $ - $ 25,303 No. Task Description MHM
Total Costs
Frisch
Blackburn
Task Order No. 1 - Attachment No. 1
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT PROJECT
COMBINED FEE SUMMARY
No. Task Description MHM
Total Costs
Frisch
Blackburn
CONSTRUCTION SERVICES - BARRY WATERLINE IMPROVEMENT PROJECT 7 Construction Management, Inspection, and Surveys
7.1 Construction Management $ - 12,721 $ $ - $ 12,721
7.2 Construction Status Meetings 6,740 $ - $ $ - $ 6,740
7.3 Field Inspections $ - 95,608 $ $ - $ 95,608
7.4 Geotechnical Material Testing - Quality Assurance 9,327 $ - $ $ - $ 9,327
7.5 Construction Control Monuments (Total of 4) 1,855 $ - $ $ - $ 1,855
7.6 Quality Assurance Surveys $ - 3,710 $ $ - $ 3,710
Subtotal Construction Management, Inspection, and Surveys 129,961 $ - $ $ - $ 129,961 8 Construction Closeout
8.1 Construction Closeout $ - 9,098 $ $ - $ 9,098
Subtotal Construction Closeout 9,098 $ - $ $ - $ 9,098
9 Testing and Start-Up
9.1 Perform Testing and Start-up Procedures $ - $ - $ - $ -
9.2 PLC and OI Programming includes Arc Flash Analysis $ - $ - $ - $ - Subtotal Testing and Start-Up $ - $ - $ - $ -
Subconsultants Markup (10%) $0 $0
TOTAL EFFORT $176,353 $0 $0 $176,353
Task Order No. 1 - Attachment No. 2
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT
MHM DETAILED FEE ESTIMATE
Labor
Lead 2 Man
E7 E6 E5 E4 E3 T3 Inspect Inspect Survey
Rates 264.80 234.00 188.20 178.20 167.80 142.40 219.00 193.60 310.60 137.40 112.00 3.50%
CONSTRUCTION SERVICES - BARRY WATERLINE IMPROVEMENT PROJECT 1 Project Management and Coordination1.1 Project Management (August 1, 2023 through February 28, 2024) 14 4 18 4,155 $ 145 $ 4,301 $ 1.2 Invoicing and Progress Reports 11 4 2 17 3,686 $ 129 $ 3,815 $
1.3 Progress Meetings 16 16 3,744 $ 131 $ 3,875 $
Subtotal Project Management and Coordination 25 16 0 0 0 0 0 0 0 4 6 51 $ 405 11,586 $ 11,991 $ 2 Environmental and Permitting
2.1 Wetland Determination 0 $ - $ - $ -2.2 Area of Potential Effect (APE) 0 $ - $ - $ -2.3 Biological Resource Evaluation 0 $ - $ - $ -2.4 Environmental Permit Facilitation 0 $ - $ - $ -2.5 Archeological Study 0 $ - $ - $ -2.6 Tribal Cultural Resources 0 $ - $ - $ -2.7 CEQA Initial Study/Mitigated Negative Declaration 0 $ - $ - $ - Subtotal Environmental and Permitting 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 3 Preliminary Design3.1 Design Team Coordination Meetings 0 $ - $ - $ -3.2 Engineers' Estimate of Probable Cost 0 $ - $ - $ -3.3 Draft Basis of Design Report 0 $ - $ - $ -3.4 Final Basis of Design Report 0 $ - $ - $ -3.5 Preliminary Record Boundary Information (does not include PTR) 0 $ - $ - $ - Subtotal Preliminary Design 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 4 Geotechnical Evaluations4.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA 0 $ - $ - $ -4.2 Subsurface Exploration 0 $ - $ - $ -4.3 Laboratory Testing 0 $ - $ - $ -4.4 Perform Engineering Analysis and Calculations 0 $ - $ - $ -4.5 Prepare Geotechnical Report 0 $ - $ - $ - Subtotal Geotechnical Evaluations 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 5 Design Engineering5.1 Topographic Surveying and Mapping 0 $ - $ - $ -5.2 ROW and Surveys (Research, Boundary Surveys, Descriptions, and Plats) 0 $ - $ - $ -5.3 60% PS&E and DDR 0 $ - $ - $ -5.4 90% PS&E and DDR 0 $ - $ - $ -5.5 100%/Final PS&E and DDR 0 $ - $ - $ -5.6 Storm Water Pollution Prevention Plan (does not include implementation) 0 $ - $ - $ -5.7 Bidding Support 0 $ - $ - $ -5.8 Conformed Plans and Specifications 0 $ - $ - $ - Subtotal Design Engineering 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - No. Task Description Expenses Total Acct Clerical Total Hours
Total Labor
($)
Task Order No. 1 - Attachment No. 2
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT
MHM DETAILED FEE ESTIMATE
Labor
Lead 2 Man
E7 E6 E5 E4 E3 T3 Inspect Inspect Survey
Rates 264.80 234.00 188.20 178.20 167.80 142.40 219.00 193.60 310.60 137.40 112.00 3.50%
CONSTRUCTION SERVICES - BARRY WATERLINE IMPROVEMENT PROJECT No. Task Description Expenses Total Acct Clerical Total Hours
Total Labor
($)
6 Engineering Services During Construction6.1 Submittal and Request for Information Review 15 30 45 8,856 $ 310 $ 9,166 $ 6.2 Additional Field Instructions and Field Coordination 4 10 14 2,718 $ 95 $ 2,813 $ 6.3 Field Inspections (does not include full time inspection) 15 8 23 4,936 $ 173 $ 5,108 $ 6.4 Change Order Support 12 12 2,808 $ 98 $ 2,906 $ 6.5 On-Site Meetings and Coordination 0 $ - $ - $ -6.6 Record Drawings 4 16 8 28 5,130 $ 180 $ 5,309 $ Subtotal Engineering Services During Construction 0 50 0 64 8 0 0 0 0 0 0 122 $ 856 24,447 $ 25,303 $ 7 Construction Management, Inspection, and Surveys7.1 Construction Management 4 48 52 12,291 $ 430 $ 12,721 $ 7.2 Construction Status Meetings 24 8 32 6,512 $ 228 $ 6,740 $ 7.3 Field Inspections 432 50 482 89,235 $ 6,373 $ 95,608 $ 7.4 Geotechnical Material Testing - Quality Assurance 40 2 42 5,920 $ 3,407 $ 9,327 $
7.5 Construction Control Monuments (Total of 4) 2 4 6 1,599 $ 256 $ 1,855 $ 7.6 Quality Assurance Surveys 4 8 12 3,198 $ 512 $ 3,710 $ Subtotal Construction Management, Inspection, and Surveys 4 72 0 6 0 40 0 432 12 0 60 626 118,755 $ 11,206 $ 129,961 $ 8 Construction Closeout8.1 Construction Closeout 2 16 24 42 8,790 $ 308 $ 9,098 $ Subtotal Construction Closeout 2 16 24 0 0 0 0 0 0 0 0 42 $ 308 8,790 $ 9,098 $ 9 Testing and Start-Up
9.1 Perform Testing and Start-up Procedures 0 $ - $ - $ -9.2 PLC and OI Programming includes Arc Flash Analysis 0 $ - $ - $ - Subtotal Testing and Start-Up 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - TOTAL EFFORT 31 154 24 70 8 40 0 432 12 4 66 841 163,578 $ 12,775 $ 176,353 $
Task Order No. 1 - Attachment No. 2
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT
MHM DETAILED FEE ESTIMATE
Labor
Lead 2 Man
E7 E6 E5 E4 E3 T3 Inspect Inspect Survey
Rates 264.80 234.00 188.20 178.20 167.80 142.40 219.00 193.60 310.60 137.40 112.00 3.50%
CONSTRUCTION SERVICES - BARRY WATERLINE IMPROVEMENT PROJECT No. Task Description Expenses Total Acct Clerical Total Hours
Total Labor
($)
Assumptions:
1.1 Project Management (August 1, 2023 through February 28, 2024) 7 months x 2 hours (Sean) + 7 months x 0.5 hours office staff (does not include construction period)
1.2 Invoicing and Progress Reports 7 months x 1.5 hours (Sean) + 7 months x 1.0 hours (bookkeeper) + 7 months x 0.5 hours (clerical) (does not include construction period)1.3 Progress Meetings 8 progress meetings x 2.0 hours in Yuba City (does not include construction period) (include owner and key people)2.1 Wetland Determination not part of MHM scope of work
2.2 Area of Potential Effect (APE) not part of MHM scope of work2.3 Biological Resource Evaluation not part of MHM scope of work2.4 Environmental Permit Facilitation not part of MHM scope of work2.5 Archeological Study not part of MHM scope of work2.6 Tribal Cultural Resources not part of MHM scope of work2.7 CEQA Initial Study/Mitigated Negative Declaration not part of MHM scope of work3.1 Design Team Coordination Meetings not part of MHM scope of work3.2 Engineers' Estimate of Probable Cost not part of MHM scope of work3.3 Draft Basis of Design Report not part of MHM scope of work3.4 Final Basis of Design Report not part of MHM scope of work3.5 Preliminary Record Boundary Information (does not include PTR) not part of MHM scope of work4.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA not part of MHM scope of work4.2 Subsurface Exploration not part of MHM scope of work4.3 Laboratory Testing not part of MHM scope of work4.4 Perform Engineering Analysis and Calculations not part of MHM scope of work4.5 Prepare Geotechnical Report not part of MHM scope of work5.1 Topographic Surveying and Mapping not part of MHM scope of work5.2 ROW and Surveys (Research, Boundary Surveys, Descriptions, and Plats) not part of MHM scope of work5.3 60% PS&E and DDR not part of MHM scope of work5.4 90% PS&E and DDR not part of MHM scope of work5.5 100%/Final PS&E and DDR not part of MHM scope of work5.6 Storm Water Pollution Prevention Plan (does not include implementation) not part of MHM scope of work5.7 Bidding Support not part of MHM scope of work5.8 Conformed Plans and Specifications not part of MHM scope of work6.1 Submittal and Request for Information Review assume 20 submittals/resubmittals x 1.5 hours + 10 RFI x 1.5 hours6.2 Additional Field Instructions and Field Coordination assume 4 field instruction related to pipe crossing x 2.0 hours6.3 Field Inspections (does not include full time inspection) assume 4 site visits related to pipe crossing during construction6.4 Change Order Support assume 2 change orders x 4.0 hours plus 6 hours office support6.5 On-Site Meetings and Coordination Construction meeting 4 meetings x 2.0 hours6.6 Record Drawings assume 28 manhours7.1 Construction Management not part of MHM scope of work7.2 Construction Status Meetings assume 40 manhours (14 construction status meetings x 2.0 hours + 12 Hours Office Time)7.3 Field Inspections assume 12 Weeks - 6 days a week - 6 hour days for total of 432 manhours. Assume 50 manhours of office support7.4 Geotechnical Material Testing - Quality Assurance Manhours included in Field Inspections - QA Materials Testing7.5 Construction Control Monuments (Total of 4) Assume 4 hours survey crew time and 2.0 hours office time.7.6 Quality Assurance Surveys assume 4 hours office and 8 hours two man survey crew time (does not include construction staking)8.1 Construction Closeout 42 man-hours (support for Construction Manager)9.1 Perform Testing and Start-up Procedures not part of MHM scope of work9.2 PLC and OI Programming includes Arc Flash Analysis not part of MHM scope of work
Task Order No. 1 - Attachment No. 3
MHM Incorporated - Construction Services
City of Yuba City
BARRY WATERLINE IMPROVEMENT PROJECT
LABOR RATE SCHEDULE
Fully Burdened Labor Rates 4.50% 4.50% 4.50% 4.50% 4.50% 4.50% Labor Classification 2023 Labor Rates 2024 Labor Rates 2025 Labor Rates 2026 Labor Rates 2027 Labor Rates 2028 Labor Rates Weighted E7 - Principal-in-Charge Senior Professional - Grade 8 $ 272.00 260.00 $ 284.00 $ 297.00 $ 310.00 $ 324.00 $ 264.80 $ E6 - Project Manager Senior Professional - Grade 7 $ 240.00 230.00 $ 251.00 $ 262.00 $ 274.00 $ 286.00 $ 234.00 $ E5 - Project Engineer / Project Surveyor Senior Professional - Grade 6 $ 193.00 185.00 $ 202.00 $ 211.00 $ 220.00 $ 230.00 $ 188.20 $ E4 - Senior Engineer / Senior Surveyor Senior Professional - Grade 5 $ 183.00 175.00 $ 191.00 $ 200.00 $ 209.00 $ 218.00 $ 178.20 $ E3 - Associate Engineer/ Associate Surveyor Senior Professional - Grade 4 $ 172.00 165.00 $ 180.00 $ 188.00 $ 196.00 $ 205.00 $ 167.80 $ E2 - Assistant Engineer/ Assistant Surveyor Senior Professional - Grade 3 $ 162.00 155.00 $ 169.00 $ 177.00 $ 185.00 $ 193.00 $ 157.80 $ E1 - Junior Engineer/ Surveyor Staff Professional - Grade 2 $ 146.00 140.00 $ 153.00 $ 160.00 $ 167.00 $ 175.00 $ 142.40 $ T4 - Senior CADD Technician / Senior Technician Senior CADD Drafter and Designer $ 162.00 155.00 $ 169.00 $ 177.00 $ 185.00 $ 193.00 $ 157.80 $ T3 - Staff CADD Technician/ Associate Technician CADD Drafter/Designer and Senior Technician $ 146.00 140.00 $ 153.00 $ 160.00 $ 167.00 $ 175.00 $ 142.40 $ T2 - Assistant CADD Technician/ Asst. Technician Staff Professional - Grade 1 $ 131.00 125.00 $ 137.00 $ 143.00 $ 149.00 $ 156.00 $ 127.40 $ T1 - Junior Techncian Technican, Word Processor, Administrative Staff $ 120.00 115.00 $ 125.00 $ 131.00 $ 137.00 $ 143.00 $ 117.00 $ E4 - Resident Engineer/Lead Inspector Senior Professional - Grade 4 $ 225.00 215.00 $ 235.00 $ 246.00 $ 257.00 $ 269.00 $ 219.00 $ T4 - Building/Construction Inspector Building/Construction Inspector $ 199.00 190.00 $ 208.00 $ 217.00 $ 227.00 $ 237.00 $ 193.60 $ E4 - Resident Engineer/Lead Inspector - OT Senior Professional - Grade 4 - Overtime $ 251.00 240.00 $ 262.00 $ 274.00 $ 286.00 $ 299.00 $ 244.40 $ T4 - Building/Construction Inspector - OT Building/Construction Inspector - Overtime $ 225.00 215.00 $ 235.00 $ 246.00 $ 257.00 $ 269.00 $ 219.00 $ Survey Crew - 1 Man (prevailing) Survey Crew - 1 Man (prevailing) $ 230.00 220.00 $ 240.00 $ 251.00 $ 262.00 $ 274.00 $ 224.00 $ Survey Crew - 2 Man (prevailing) Survey Crew - 2 Man (prevailing) $ 319.00 305.00 $ 333.00 $ 348.00 $ 364.00 $ 380.00 $ 310.60 $ Survey Crew - 3 Man (prevailing) Survey Crew - 3 Man (prevailing) $ 465.00 445.00 $ 486.00 $ 508.00 $ 531.00 $ 555.00 $ 453.00 $ Survey Crew - 1 Man (prevailing) - OT Survey Crew - 1 Man (prevailing) - Overtime $ 256.00 245.00 $ 268.00 $ 280.00 $ 293.00 $ 306.00 $ 249.40 $ Survey Crew - 2 Man (prevailing) - OT Survey Crew - 2 Man (prevailing) - Overtime $ 361.00 345.00 $ 377.00 $ 394.00 $ 412.00 $ 431.00 $ 351.40 $ Survey Crew - 1 Man (non-prevailing) Survey Crew - 1 Man (non-prevailing) $ 217.00 208.00 $ 227.00 $ 237.00 $ 248.00 $ 259.00 $ 211.60 $ Survey Crew - 2 Man (non-prevailing) Survey Crew - 2 Man (non-prevailing) $ 298.00 285.00 $ 311.00 $ 325.00 $ 340.00 $ 355.00 $ 290.20 $ Survey Crew - 3 Man (non-prevailing) Survey Crew - 3 Man (non-prevailing) $ 371.00 355.00 $ 388.00 $ 405.00 $ 423.00 $ 442.00 $ 361.40 $ Accounting Technican, Word Processor, Administrative Staff $ 141.00 135.00 $ 147.00 $ 154.00 $ 161.00 $ 168.00 $ 137.40 $ Clerical Office Aide $ 115.00 110.00 $ 120.00 $ 125.00 $ 131.00 $ 137.00 $ 112.00 $ Other Direct Costs (ODCs)
Item rate unit
(Some EXAMPLES below; add others if needed:)Vehicle - Light Truck and Car $8.50/hr or $65/day or $1,600/month hr/day/monthVehicle - 2 Wheel Drive $9.50/hr or $75/day or $1,750/month hr/day/monthVehicle - 4 Wheel Drive $10.50/hr or $85/day or $1,950/month hr/day/monthATV - All Terrian Vehicle $7.50/hr or $60/day or $1,500/month hr/day/monthStandard Survey Equipment $14.50/hr hourGPS Survey Equipment $75.00/hr hourNuclear Gage Equipment $8.50/hr hourGPS Bathymetric Survey Equipment $45.00/hr hourDrone Survey Equipment $12.00/hr hourComputer & Peripherals $6.25/hr hourTravel Expenses/Per Diem T&M T&MVehicle Mileage IRS Rate mileReproduction (8.5x11 sizes) - Black and White $0.45/ea eachReproduction (8.5x11 sizes) - Color $0.70/ea eachReproduction (11x17 sizes) – Black and White $0.70/ea eachReproduction (11x17 sizes) - Color $0.90/ea eachLarge Format Drawing Copies – 20lb Bond – Black and W $0.55/sq ft sq ft Large Format Drawing Copies – 20Ib Bond – Color $0.90/sq ft sq ftPlotting - Mylar $6.50/sq ft sq ftMailings and Communication T&M T&MMiscellaneous Supplies T&M T&MOutside Equipment and Services 15% Markup %Profit on Labor 10.00% %Profit on ODCs 5.00% % 60% 2023 and 40%
2024
Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Agenda Item 17
CITY OF YUBA CITY
STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and commercial district)
Fiscal Impact: Receipt of assessments and expenditures of funds for lighting and landscape maintenance districts throughout the City
Purpose:
To continue to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.
Council Strategic Goal:
Levying Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5, and Yuba City Lighting and Landscape Maintenance District No. 6 (LLMD Nos. 2-6) addresses the City Council’s Strategic Goal of maintaining infrastructure, as levying (LLMD Nos. 2-6) will ensure that street lighting, landscaping and associated items, block walls, detention ponds, and street-end barricades are maintained and in operation.
Background:
The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in Lighting and Landscape Maintenance Districts 2-6 (Attachment 2, Exhibit A). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed.
District Nos. 2 (Town Square Area); 3, 4, and 5 (69 subdivisions located throughout the City); and 6 (several commercial areas throughout the City) have provisions for a Cost of Living Adjustment
(COLA), which is based on the Consumer Price Index from January to January.
Analysis:
The Engineer’s Annual Reports have been prepared and are on file in the City Clerk’s office. They describe each District, the improvements therein, the method of assessment, and the proposed assessment for each parcel.
District Nos. 2, 3, 4, District 5 Zones of Benefit A, C, E, G, H, and L, and District 6 Zones of Benefit A_1 - A_3, B_4, B_5, and B_8 - B_13 will see increases in their annual levies, while District 5 Zones of Benefit B, D, F, I, J, and K, and District 6 Zones of Benefit B_1 - B_3, B_6, B_7, B_14, B_15 and C_1 will see decreases in their annual levies. The levies were raised in response to inflation, while certain Zones of Benefit in Districts 5 and 6 were decreased due to sufficient reserves and revenues which exceeded expenditures.
Fiscal Impact:
The proposed assessments for FY 2023-24 are shown in Attachment 3.
The projected revenue, expenditures, and cash balance, which include capital reserve, for the Districts are as follows:
District Revenue Expenditures Projected Reserve Fund Balance as of 7/1/24*
2 $86,200 $35,770 $167,795
3 $17,241 $17,039 $2,574
4 $174,995 $129,023 $197,186
5 $582,084 $514,423 $344,241
6 $38,371 $14,768 $185,755
*The Projected Reserve Fund Balance is the total of the Capital Replacement Reserve plus the Operating Reserve.
Alternatives:
1. Council may direct the modification of the assessment amounts which will affect future revenue and expenditure amounts in FY 2023-24, or cancel the Districts and find alternative funding sources to maintain the lighting and landscaping.
Recommendation:
A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and commercial district)
Attachments:
1. Attachment 1 - Resolution LLMD Nos. 2-6 Public Hearing
2. Exhibit A - District Maps 2-6
3. Proposed Assessments - LLMDs 2-6
Prepared By: Submitted By:
Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR THE YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 2, 3, 4, 5, & 6 (TOWN CENTER, 69 SUBDIVISIONS THROUGHOUT YUBA
CITY INCLUDING THE PALISADES SUBDIVISIONS AND BUTTE VISTA NEIGHBORHOOD,
AND COMMERCIAL DISTRICT)
WHEREAS, on June 20, 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Yuba City did declare its intention to review, levy and collect the annual assessment for Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6 (“Districts”) for Fiscal Year 2023-24 more specifically as follows:
• Lighting and Landscape Maintenance District No. 2 – Zone of Benefit “A” (Town Center); • Lighting and Landscape Maintenance District No. 3 – Zone of Benefit “A” (Palisades Subdivision);
• Lighting and Landscape Maintenance District No. 4 – Zones of Benefit “A,” “B,” “C,” and “D” (Butte Vista Neighborhood);
• Lighting and Landscape Maintenance District No. 5 – Zones of Benefit “A,” “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” and “L”;
• Lighting and Landscape Maintenance District No. 6 – Zones of Benefit “A_1,” “A_2” and “A_3,” Zones of Benefit “B_1,” “B_2,” “B_3,” “B_4,” “B_5,” “B_6,” “B_7,” “B_8,” “B_9,” “B_10,” “B_12,” “B_13,” “B_14,” “B_15,” and Zone of Benefit “C_1”; and WHEREAS, assessments levied within the Districts provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the following:
• Lighting and Landscape Maintenance District No. 2: Ongoing maintenance and servicing of landscaping material, irrigation systems, and street lighting in the Town Center Area along the frontage of Plumas Street (including median), C Street, Percy Avenue, B Street and Franklin Avenue.
• Lighting and Landscape Maintenance District No. 3: Ongoing maintenance and servicing of a detention pond, street trees and a pond landscape strip, and twelve street lights, which benefit parcels in Phases 1 and 2.
• Lighting and Landscape Maintenance District No. 4: Ongoing maintenance and servicing of local street lighting, landscaping improvements, and detention pond, providing special benefit to the Butte Vista Neighborhood in the subdivisions in zones of benefit as shown on the Assessment Diagrams on file with the City Clerk. • Lighting and Landscape Maintenance District No. 5: Street lights, walls, landscape strips and planters, street trees, and landscaped entrance varying by zones of benefit as shown on the Assessment Diagrams on file with the City Clerk. • Lighting and Landscape Maintenance District No. 6: Ongoing maintenance and servicing of street lights, street trees and median landscaping; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the lighting and landscaping facilities in said Districts; and
WHEREAS, on June 6, 2023, pursuant to the provisions of the Act, the City Council initiated proceedings by Resolution No. 23-067 for the levy and collection of assessments against the assessable lots and parcels of land in the Districts for Fiscal Year 2023-24 and directed the Engineer of Work, Tyrone Peter of Willdan Financial Services, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer of Work prepared and filed such report for each Lighting and Landscape Maintenance District (the “Engineer’s Reports”) with the City Clerk, and the City Clerk has presented the Engineer’s Reports to the City Council; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 23-081 approving the Engineer’s Reports, which calculated the annual assessments for the parcels in said Districts, as filed pursuant to Section 22623 of the Act, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for August 15, 2023, was duly published on August 5, 2023.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. The above recitals are true and correct, and are hereby incorporated herein by this reference.
2. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within existing assessment districts designated “Yuba City Lighting and Landscape Maintenance District No. 2”, “Yuba City Lighting and Landscape Maintenance District No. 3”, “Yuba City Lighting and Landscape Maintenance District No. 4”, “Yuba City Lighting and Landscape Maintenance District No. 5”, and “Yuba City Lighting and Landscape Maintenance District No. 6” (the “Districts”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay for the costs and expenses of the improvements described in the Engineer’s Reports for each District.
3. That the City Council hereby determines that the territories within the Districts, whose boundaries are set forth in the Engineer’s Reports, on file with the City Clerk of the City of Yuba City, will be the territories benefited by the maintenance and servicing of the improvements described in said Engineer’s Reports.
4. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
5. That the Engineer’s Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved as to each District and all of them, and that the assessment of the total amount of the costs and the individual assessments thereof, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby are finally approved and confirmed as the assessments to pay the costs. The assessment for District 5 Zones of Benefit B, D, F, I, J, and K, and District 6 Zones of Benefit B_1 - B_3,
B_6, B_7, B_14, B_15 and C_1 for Fiscal Year 2023-24 are proposed to be reduced as compared to the previous year as described in the Engineer’s Report.
The assessments for District Nos. 2, 3, 4, District 5 Zones of Benefit A, C, E, G, H, and L, and District 6 Zones of Benefit A_1 - A_3, B_4, B_5, and B_8 - B_13 for Fiscal Year 2023-24 are proposed to increase from the previous year as described in the Engineer’s Report, but are still within or less than the amount approved for District Nos. 2, 3, 4, District 5 Zones of Benefit A, C, E, G, H, and L, and District 6 Zones of Benefit A_1 - A_3, B_4, B_5, and B_8 - B_13 at the at the time of the formation of the respective Districts.
6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Reports.
7. That the assessment diagram showing the assessment districts referred to in said Resolution of Intention, and also the subdivision of land within the Districts, as contained in said Engineer’s Reports, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than August 18, 2023.
9. As the levies either remain the same, or are reduced as compared to prior years as to District 5 Zones of Benefit B, D, F, I, J, and K, and District 6 Zones of Benefit B_1 - B_3, B_6, B_7, B_14, B_15 and C_1 the assessments for District 5 Zones of Benefit B, D, F, I, J, and K, and District 6 Zones of Benefit B_1 - B_3, B_6, B_7, B_14, B_15 and C_1 are exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218). Likewise, although the levies have increased for District Nos. 2, 3, 4, District 5 Zones of Benefit A, C, E, G, H, and L, and District 6 Zones of Benefit A_1 - A_3, B_4, B_5, and B_8 - B_13 as compared to the prior year, the levy amounts are consistent with and less than the previously approved COLA adopted at the time of formation of the District pursuant to Proposition 218, and as such, the levies for District Nos. 2, 3, 4, District 5 Zones of Benefit A, C, E, G, H, and L, and District 6 Zones of Benefit A_1 - A_3, B_4, B_5, and B_8 - B_13 are likewise exempt from further compliance with Proposition 218.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
Exhibit A – District Maps
EXHIBIT A
FRANKLIN AVE
FREMONT WAY
REEVES AVE
WILBUR AVE
B ST
BRIDGE ST
PLUMAS
ST
WOODBRIDGE AVE
A ST
PINE WAY
MORTON ST
CHESTNUT ST
ALMOND ST
WALNUT ST
DORMAN AVE
SHASTA ST
MAIN ST
NIELSON AVE
STEVENS AVE
WESTERN AVE
JONES ST
HAWTHORNE ST
CURRIER WAY
BOYD ST
E TABER AVE
ELM ST
BENNETT WAY
ROWE AVE
C ST
LINDEN ST
EMERSON ST
TABER AVE
JEWELL AVE
CLINTON ST
MOORE AVE
WILSON AVE
TOWN SQUARE
CAMPBELL WAY
SPRUCE WAY
BROOKS AVE
PAGE AVE
PALM AVE
WILLOW WAY
PERCY AVE
PL
UMAS BLVD
ROBINSON AVE
DEL MONT E AVE
2A
2A
Lighting & Landscape
Maintenance District No. 2
Zones of Benefit
QUEENS AVE
S WALTON AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
SUNSWEET BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
STEWART RD
STABLER LN
LIVE OAKBLVD RAILROAD AVE
BRIDGE ST
S GEORGE WASH NI GTON BLVD
LINCOLN RD
FRANKLIN RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits
BIRMINGTON DR
BUCKINGHAM DR
CLARK AVE
PARKBROOK CT
HERITAGE DR
GRAY AVE
NORWICH WAY
VISTA CT
BRAR CT
MANCHESTER WAY
SANTA BARBARA WAY
KENSINGTON WAY
WESTM NI STER DR
BRISTOL CT
OAKVIEW DR
NORTH POINT DR
BARWICK WAY
LANCASTER WAY
YORK DR
NEWCASTLE DR
GREENHAVEN DR
BRIARWOOD CT
SWARN CT
BAYWOOD CT
WHITNEY DR
PROVIDENCE CT
BRIGHTON WAY
CARLISLE WAY
NORTHWOODS DR
CAMDEN WAY
NORTH RIDGE DR
OXFORD CT
MAYFLOWER WAY
BEYMER LOOP
HWY 99
PORTSMOUTH DR
E ONSTOTT FRTG RD
WOODLAND DR
GREENGAT E ST
WILLOW CREEK DR
BROOKSIDE CT
FO RESTV EI W DR
SKYLINE DR
3A
Lighting & Landscape
Maintenance District No. 3
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
SUNSWEET BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
STEWART RD
STABLER LN
LIVE OAKBLVD RAILROAD AVE
BRIDGE ST
S GEORGE WASH NI GTON BLVD
LINCOLN RD
FRANKLIN RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits
4A
4C
4D_3
4D
4D_2
4B 4D
LIZANNE DR
COLE CT
NINA WAY
PATTY DR
STABLER LN
BLEV NI RD
PEASE RD
BUTTE VISTA LN
DOROTHY LN
SPR GI CT
RIVER BE ND CT
HAWK CT
CARTAGENA DR
STABLER PARK DR
TRES PICOS DR
OAKBROOK CT
ROBIN CT
TUMBER WAY
MONTCLAIR DR
PARC WEST DR
MESS NI A DR
QUA LI CT
JAMIE DR
S EI NNA WAY
W ONSTOTT FR TG RD
OSPREY CT
VINTAGE CT
PIN TAIL CT
REGENCY WAY
PLUM CT
DOVE CT
RACHEL CT
NORTHF EI LD CT
OAKBROOK DR
GURJ WAY
EMILY LN
GROUSE WAY
RICH LN
SOMERSET WAY
PROVENCE DR BROOKFIELD CT
NORTHFIELD DR
CUMMINGS CT
RIO VISTA SAMUEL JAMES CT
COLIN CT
CANDACE CT
KENDALL CT
BAL CT
MALKIT CT
SATORI WAY
PHEASANT DR
CHLOE CT
MEHAR CT
RAVI CT
SUKH DR
PABLA CT
VALLEY CT
PARC EAST DR
LORRAINE WAY
BUTTE BEND LN
MEADOWLARK WAY
CHANDLER WAY
REBECCA DR
BUTTEVISTA
L N
Lighting & Landscape
Maintenance District No. 4
Zones of Benefit
QUEENS AVE
S WALTON AVE
CLARK AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
WESTERN PKWY
SUNSWEET BLVD
N WALTON AVE
PLUMAS ST
ROYO RANCHERO RD
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
OHLEYER RD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
TIERRA BUENA RD
STABLER LN
RAILROAD AVE
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
GRAY AVE
LINCOLN RD
CLARK AVE
FRANKLIN RD
PEASE RD
GARDEN HWY
BOGUE RD
Highway 20
Highway 99 Highway 99
Legend
Maintenance Districts
City Limits
WREN CT
JAMIE DR
MEADOWLARK WAY
PORTOFINO DR
LIVE OAK BLVD
CYPRESS DR
PEASE RD
BIRMINGTON DR
BUCKINGHAM DR
PARKBROOK CT
HERITAGE DR
GRAY AVE
HUNT ST
HOWARD DR
JOHN DR
LAKE DR
NORWICH WAY VISTA CT
BRAR CT
MANCHESTER WAY
BEUTLER DR
DELL WAY
IRIS WAY
MAGNOL AI WAY
SANTA BARBARA WAY
TRES PICOS DR
KENSINGTON WAY
WESTM NI STER DR
BR SI TOL CT
NORTHGATE DR
PHEASANT DR
WOODLAND DR
OAKVIEW DR
NORTH POINT DR
BARWICK WAY
LANCASTER WAY
YORK DR
NEWCASTLE DR
GREENHAVEN DR
BRIARWOOD CT
SWARN CT
BAYWOOD CT
WHITNEY DRWILLOW WAY
PROVIDENCE CT
MAJORCA DR
RANDY WAY
GARY DR
LILAC WAY
ROSE WAY
BRIGHTON WAY
CARLISLE WAY
NORTHWOODS DR
ORCHID WAY
CAMDEN WAY
NORTH RIDGE DR
OXFORD CT
MAYFLOWER WAY
CITRUS DR
HWY 99
BEYMER LOOP
REDWOOD WAY
CARTAGENA DR
CLARK AVE
E ONSTOTT FRTG RD
HOLMES DR
PORTSMOUTH DR
GREENGATE ST
WILLOW CREEK DR
BROOKSIDE CT
W ONSTOT T FRTG RD
DEBBIE WAY
FORESTVIEW DR
SKYLINE DR
5C_3
5K_8
5K_15
5K_8
5K_11
5K_10
5K_12
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
GARDEN HWY
FRANKLIN RD
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits
LA ENTRADA WAY
EL VERANO WAY
BUTTE HOUSE RD
BLEVIN RD
QUEENS AVE
VALLEY VIEW DR
CORSICA DR
NADEAN DR
BRADLEY ESTATES DR
VALENCIA ST
LONG ST
PORTOFINO DR
MICHAEL WAY
JAMIE DR
KENNETHWAY
TULY PKWY
TRES PICOS DR
LA BREA WAY
CAPISTRANO ST
PERALTA ST
LAREDO ST
ZAMORA ST
JANICE WAY
EL VERANDA CT
EL SOBRANTE CT
KRISTINA MILLER DR
HEIDI WAY
NICK CT
BETTY CT
AKERS CT
JAYNE CT
RACHEL CT
NORTHFIELD CT
ESPLANADE WAY
ELIZABETH LN
DOMAIN WAY
PATTY DR
EL CERRITO CT
DIJON CT
SHAY WAY
SHARON DR
REBECCA DR
CHLOE CT
WARD CT
GENOA CT
GRANADA WAY
LORRAINE WAY
COLE CT
LIZANNE DR
CASE CT
COBBLESTONE CT
HARTER RD TURIN DR
CALAIS DR
ROLLING ROCK CT
PAULA DR
MANN DR
NORTHFIELD DR
ROMERO ST
NINA WAY
MIA LP
HERBERT CT
LA GRANDE WAY
EL GRAN ERO WAY
EL ENCINO WAY
ELMER AVE
ORO GRANDE ST
ADAMS RD
5J
5J_2
5J_3
5J_11
5J_12
5K_14
5J_14
5K_18
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
GARDEN HWY
FRANKLIN RD
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts
City Limits
μ
5C_9 5C_7
5J_5
5C_10
5C_10
COLUSA FRONTAGE RD
BR YAN WAY
HOOPER RD
TEJA DR
DAVE PL
JOHN PL
REDDI NG AV E
SARAH CT
SERENA CT
KENNEDY DR V LI LAAVE
FIRENZE CT
EL MARGARITA RD
V AI ROMA WAY
SAN NICCOLO DR
SERENA DR
BRYN MAWR DR
HWY 20
TIERRA BUENA RD
JEFFERSON AVE
MILLER RD
SOMBRA CT
SAN GIMIGNANO DR
MONROE RD
Lighting & Landscape
Maintenance District No.5
Zones of Benefit
QUEENS AVE
SWALTON AVE
CLARK AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
WESTERN PKWY
SUNSWEET BLVD
N WALTON AVE
PLUMAS ST
ROYO RANCHERO RD
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
OHLEYER RD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
TIERRA BUENA RD
STABLER LN
RAILROAD AVE
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
GRAY AVE
LINCOLN RD
CLARK AVE
FRANKLIN RD
PEASE RD
GARDEN HWY
BOGUE RD
Highway
Highway 20
Highway 99 Highway 99
8 Legend
City Limits
Maintenance Districts
µ
MO NR OE R D
JEFFERSON AVE
AMERICANA DR
ROXBURY CT
NANTUCKET CT
TEAL HOLLOW DR
CHRISTIANSEN WAY
PERSHING AVE
BOB CT
LA MANTIA DR
LYLE CT
ROOSEVELT RD
MONROE DR
ALICIA CT
TO RI CT LIBBY LN
ROYO RANCHERO RD
PARIS WAY
JORI CT
STEIDLMAYER WAY
CYNDA LN
JAMES MARSHAL WAY
LYNCHBURG CT
EMMA CT
MARCOS CT
GRANITE DR
CAPE COD CT COUGHLIN CT
KIM WAY
VOGT CT
COLONIAL CT
VAN VLECK ST
JOHN FREEMONT WAY
SAM BRANNAN WAY
HWY 20
RUE DR
HALSEY AVE
MARSHALL AVE
STONEGATE DR
GREENE LN
COLUSA FRONTAGE RD
TULIO ST
YORKTOWN DR
WILL AI MSBURG DR
WESTERN PKWY
TORI LN
WALLACE WAY
DONA WAY
5K_13
5K_9 5K_16
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
GARDEN HWY
FRANKLIN RD
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits
LIT TLE JOHN RD
CIVCI CENTER BLVD
THARP RD
STA BLER LN
HARTER RD
DEERFIELD DR
DAVIS AVE
MONTE AVE
RYAN DR
HARTER PRKWY
FRANKLIN RD
S WALTON AVE
MANZANI AT WAY
NANTUCKET WAY
BRISTOL WAY
EVERGREEN WAY
JOANN WAY
KLAMATH LN
HOLLY TREE DR
HUNJI DR
ANDROSS AVE
HARDIAL CT
BARRINGTON DR
NEWPORT DR
S HARDING RD
BIRCHWOOD CT
AMARPAL CT
GLENBROOK CT
WOODSIDE DR
LAMBERT CT
JASON CT
ANITA WAY
BANCROFT AVE
REDHAVEN AVE
RAMERIZ
DR
N HARDING RD
TEMPLE WAY
HWY 20
BRIDGE ST
OLIVER DR
ADELINE ST
ZACHARY WAY
WHYLER RD
LASSEN BLVD
POPPY LN
PERIW NKLE LN I
TRAVIS CT
MICHELLE DR
COLLEGE HILL WAY
EMMET WAY
SANTI CT
HARBANS DR
SHAKEWOOD DR
BOWEN CT
KLAMT CT
GURDAS CT
SPIRIT DR
N OLIVER DR
ROSS DR
ALFRED WAY
SIERRA AVE
ANNEKA LN
HAYNE AVE
SUNSWEET BLVD
JES S CI A DR
CAMINO DEL FLORES
BERKSHIRE DR
RAI ESTATESCT
EVEREST CT
PELICAN PL
CARSON DR
WILDFLOWER CIR
COUNTRYSIDE DR
CAMINO DEL ORO
NEIL DR
WOODLEAF DR
N WALTON AVE
MARK THOMAS D R
WILLOWBROOK DR
HARDIAL DR YORKSH RI E WAY
JOY WAY
HETHERINGTON C RI
B R AYTON L P
5H_1
5B_1
5D
5E
5H_3
5K_1
5K_9 5K_5
5K_7
5K_6
5K_2
5K_3
5K_4
5H_8
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
GARDEN HWY
FRANKLIN RD
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20
Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits
5L
5B_2
5H_2
5J_1
5I_3
5J_13
5J_6
5I_2
5I_1
5C_8
5H_4
5J_4
5J_5
5H_7
5K_17
REAGAN WAY
S WALTON AVE
CHERRY ST
LINCOLN RD
CORTEZ CT
CAMINO CORTEZ
SANBORN RD
DH LI LON DR
BUR G AND Y D R
TUSCANY DR
MARJORIE DR
CR EEKW OO D DR
GE RMAINE DR
JODI DR
NISH CT
LE ONA RD CT
BUCHANAN RD
RICHLAND RD
HAMPTON CT
ALLEN CT
THOMAS CT
LA NCASTE R CT
CLAYTON CT
ELI CT
PEBBLE BEACH DR
SA NDPIPE R DR
AUGUSTA LN
CLEO CT
PICO CT
JOHNATHAN CT
PEL CI AN PL
ALLEN WAY
ANITA WAY
RUTHERF ORD CT
ELDEN CT
WALTRIP CT
ANTHONY WAY
ELL OI T DR
S HARDING RD
RANCHO W AY
MAR NI A DR
CREST CT
W JOSEPH ST
EL SERENO CT
EL ZI ABETH CT
NANDCT
SHAYLENE CT
ANNA DR
MASERA CT
EDWIN DR
IDA CT
ESTATES CT
JOHNATHAN DR
MADDEN CT
CRISP DR
ERIC CT
LISA CT
ARROYA GRANDE
NAND DR
PORTOLA VALLEY RD
SESSLER DR
RICHARDS WAY
DEAN DR
MILTON DR
BRIAN DR
MC CUNE AVE
SAINT ANDREWS DR
NI DER LN TRACY DR
GREGORY DR
JOSEPHENE WAY
CREST DR
SPYGLASS DR
BAY DR
PATRICIA DR
THERESA WAY
THOMAS DR
ESTATES DR
MESA VERDE
KRISTIN CT
JOSEPH ST
GLEN WAY
RUSHING ST
MELINDA CT
SUNRISE CT
NELDA CT
MASERA WAY
DI A WAY
LA RAM ADA
BROMLEY AVE
SAINT JOHN CT
MART NI CT
PETTY CT
SHEENA CT
MANZANITA WAY
AL CI AI DR V ERONICA CT
YOLANDA DR
JORDAN RD
TRIFF WAY
CAROLYN DR
SOFIA DR
KARNAIL CT
SESSLER PL
INEZ CT
STOKER AVE
G DI DA LOOP
EARNHARDT DR
WINGFOOT DR
KEVIN WAY
VIA JACINTO
LOUIS CT
PINEHURST DR
AARON DR
MORGAN WAY
NICOLAS DR
LA RABYN WAY
TORRY P NI E DR
CL NI T WAY
CHELSEA PL
RAJ CT DONALD CT
KRENTZ LN
GORDON WAY
GRE E NWIC H CIR
HARBOR TOWN DR
W OODRIDGE CT
HAZEL AVE
BAY CT
TANGLEWOOD CT
SMITH RD
PARK VIEW AVE
LITTLE JOHN RD
JACOB DR
SEQUOIA DR
ROBERT DR
Lighting & Landscape
Maintenance District No. 4
Zones of Benefit
ROYO RANCHERO RD
QUEENS AVE
S WALTON AVE
CLARK AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
WESTERN PKWY
SUNSWEET BLVD
N WALTON AVE
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
OHLEYER RD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
TIERRA BUENA RD
STABLER LN
RAILROAD AVE
L VI E OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
GRAY AVE
LINCOLN RD
CLARK AVE
FRANKLIN RD
PEASE RD
GARDEN HWY
BOGUE RD
Highway 20
Highway 99 Highway 99
Legend
Maintenance Districts
City Limits
COOPER AVE
CU R R IE R W AY
B ST
TABER AVE
PINE WAY
MORLEY AVE
FRANKLIN AVE
CAMPBELL WAY
ELM ST
BRIDGE ST
SPRUCE WAY
BROOKS AVE
PALM AVE
WILLOW WAY
FREDERICK ST
FRUITVALE AVE
LINDEN ST
A ST
HAWTHORNE ST
UNIVERSITY AVE
FLETCHER WAY
PAGE AVE
PARK AVE
ROBINSON AVE
5B_5
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
FRANKLIN RD
GAR DEN HWY
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits
S BARRETT RD
BUNCE RD
GARDEN HWY
GARDEN HWY
BOGUE RD
BOGUE RD
BR ANDSTATT AVE
RAILROAD AVE
E HILLCREST AVE
HUNN RD
JUDI TH CT
RICHLAND RD
MILES AVE
LINCOLN RD
WINSHIP RD
MOSBURG LP
SINGH'S WAY
WHISTLEWOOD CT
BRENTWOODDR
KILLIN GTON CT
CORNWELL AVE
SAPPHIRE WAY
PERCY AVE
M ILL CREEK WAY
TEESDALE RD
GROVE CT
ALMOND GROVE DR
JOHN TEE DR
MARINER
LOOP
SHANGHAI BEND RD
DEL LAGO
CARIS SA CT
PAYNE CT
KATH LEE N WAY
SOUTHLAND DR
ASHWOOD CT
HAST NI GS CT
PHILLIPS RD
WINSHIP CT
ALD ERWOOD CT
TARA CT
JILL CT
JAN CT
ATLA NTIC CT
EUREKA DR
STON YBR OOK CT
WOODBRIDGE AVE
DORCAS CT
MAGNOLIA DR
SOUTH PARK DR
R IVER OAKS DR
REO DR
MILLFRONT AVE
MARINER WAY
S CLARK AVE
VILLAGE CT
BLACK CT
WAVERLY CT
DEE BEERS CT
HAVEN CT
CAMBRIDGE CT
TULSA CT
BURL CT
MARIPOSA DR
MAIN ST
ROCKY CT
KATHERINE CT
RHINECT
WIN D RIVER CT
GEE BEE WAY
ALBATROSS AVE
SOUTHWIND DR
COLD WATER ST
STILLWATER DR
T MI BER CT
ROYAL RIVER DR
MARIAH DR
ARBOR WAY
BUNC E CT
SAINT JAMES CT
DAKOTA CT
GERALD CT
NEBRASKA DR
TRUCKEECT
FRANQUETTE DR
ORCHARD ST
MEAD OW WALK D R
JEFFREY
DR
ARIZONA
WAY
CANTERBU RY DR
MONTANACT
LAUREL DR
LASK DR
BLUE OAK DR
HOMEWOOD DR CRESCENT CT
LOIS LN
ARI CT
CARMELO WAY
CIRCASSIAN DR
TWINS WAY
PECAN DR
KELSEY CT
LONELY OAK DR
COTTON ROSSER WAY BARON CT
SHADY CT
TWIN RIVERS DR
PEORIA DR
BRANDON ST
TOLEDO ST
ATLAN TIS WAY NEPTUNE DR CRYSTAL CREEK LN
CORBY CT
GALAXY
DR
CALAVERAS CT
TULSA DR
DOLPHIN CT
O AKHOLLOW
MARLIN CT PACIFICA DR
NAUTILUS CT
WINDS O RDR
VOBORIL AVE
RAMONA AVE
DENNIS WAY
ASHLEY WAY
SWIFTCREEKCT
S LA WR EN CE AVE
OAK CT
SMITH RD
CLARO CT
BENTON DR
WH ISPERING OAKS CT
FALLING ROCK CT
SUNWEST DR
MAYET TE CT
CECILY CT
BIG OAKS CT
SHERWOOD DR
NORMANDY CT
TEAL CT
EMERALD DR
TIFFANY WAY
MURRAY CT
SHELBY CT ZEPHYR DR
CRESTMONTCT
WISCO
NS
IN CT
SPRING CREEK CT
WATERBURY CT
EL VALLAS CIR
QUEENSBURY WAY
WOODHURST CT
G
NOTTINGHAM WAY
LENWOOD DR
M E ADOWAVE
JAMES LN
RAPID FALLS DR
HARTLEY WAY
TEESDALE CT
SAM RIDER WAY
JOHN WAYNE DR
MICHIGAN CT
SCOTTENCT
EASTCREST CT
MAYFAIR AVE
MC CALL AVE
MALICK AVE
JESSIE AVE
CAROLINA AVE
DEER CREEK DR
MACKENZIE DR
EDGEWATER WAY
IDAHO WAY
SAVANNAH DR
EPLEY DR
CENTER DR
WINDWARD WAY CLAREMONT WAY
WHITE WATER WAY
COUR T YARD WAY
AT WOOD DR
MISSISSIPPI DR
BIG OAKS
DR
KAREN DR
BELL AVE
STAPLE DR
BURNS DR
HASSETT AVE
JULIE DR
GENEVA AVE
LA CASA AVE
BRIAR LN
SECOND ST
JONES RD
RANDOLPH DR
CRESTMONT AVE
GOLD RIVER DR
HASTING S WAY
STONYBROOK DR
PARK AVE
WILD R VI ER DR
LA GRANDE AVE
BUCKRIVERST
SAMUEL DR
BERNARD DR
STONEWATER DR RAPID WATER WAY
STARLITE LN
ANDREW DR
OREGON WAY
DELONE DR
DRUMMOND DR
SCIROCCO DR
TRADEWIND DR
SOUTHPOINTE DR
COLUMBIA DR
RICKEY
DR
NAURA CT
HILLCREST AVE
MORRISON BEND
HAMSTEADLN
WHITE OAK DR
SHADY LN
HIGHLAND AVE
SLEEPY DR
UTAH
CT
KELLI DR
WH SI PER NI G OAKS DR
TRINITY AVE
PUTMAN AVE
M ADRONE DR
EASTWIND DR
CELESTIAL WAY
MC KEEHAN DR
TUSCAN RD
DORMAN AVE
5A
5F
5B_3
5B_4
5C_1
5C
5C_5
5C_6 5C_4
5C_2
5B
5G
5H_5
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit
QUEENS AVE
S WALTON AVE
BUTTE HOUSE RD
FRANKLIN AVE
PLUMAS BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
HARTER PKWY
HOOPER RD
STABLER LN
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
LINCOLN RD
FRANKLIN RD
GAR DEN HWY
PEASE RD
BOGUE RD
N WALTON AVE
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits
6A_3
6A_1
6A_2
6B_1
6B_2
6B_3
6B_4
6B_5
6B_6
6B_7
6B_8
6B_9
6B_12 6B_10
6B_13
6B_14
6B_15
6C_1
6B_15
6A_1
RAPID FALL S DR
R EA G A N WA Y
LASK DR
BUNCE RD
DEL LAGO S CLARK AVE
S WALTON AVE
COOPER AVE
BOGUE RD
CHERRY ST
WASHINGTON AVE
WILBUR AVE
PLUMAS ST
LIVE OAK BLVD
N GEORGE WASHINGTON BLVD
RICHLAND RD
GARDEN HWY
HUNN RD
LINCOLN RD
CIVIC CENTER BLVD
BUTTE HOUSE RD
CHURCH ST
C ST
PEASE RD
GRAYAVE
JONES RD
BRIDGE ST
THARP RD
EL MARGARITA RD
SHASTAST
FRANKLIN RD
ALMOND ST
WOODWARD ST
SUNSWEET BLVD
STABLER LN
ORANGE ST
HARTER RD
STAFFORD WAY
CLARK AVE
HWY 20
PERCY AVE
HWY 99
GERMAINE DR
LO R W O O D D R
RAILROAD AVE
SECOND ST
B ST
E HILLCREST AVE
ROCCA WAY
OLIVE ST
BLEV NI RD
QUEENS AVE
RED W OOD W AY
DEERFIELD DR
RANDOLPH DR
CYPRESS DR
MAGNOL AI WAY
JUDY WAY
LAENTRADA WAY
CAM ELIA WAY
FORBES AVE
WILD RIVER DR
M IL E SAVE
FRANQUETTE DR
VAL ENCIA ST
CRES TMONT AVE
B RI M NI GTON DR
P NI E WAY
BU CK NI G HAM DR
MORTON ST
B R EN T W OO D D R
BUTTE VISTA LN
HOOPER RD
CORNWELLAVE
CONSTITUTIO N DR
YO RKTOWN DR
DOROTHY LN
APRIL LN
JODI DR
SER ENA CT
MARKET ST
MIL L C REEK WAY
MONROE DR
S BARRETT RD
TEESDALE RD
AST
C O LU SA FR O NT AG E R D E B O N
MONTE AVE
MESSINA DR
OLEANDE RDR
MARCIAAVE
RYAN DR
HARTER PRKWY
LITTLE JOHN RD
JO H N TE E D R
TULY PKWY
MA RINER LOO P
PONDEROSA CT
E ONSTOTT FRTG RD
FAIRMAN ST
ROMERO ST
MAPLE AVE
CHESTNUT ST
JESSICA DR
HWY 20 RAM P O FF
PARK AVE
PAYNE CT
YOLO ST
FLORA NI DR
KELLEE N DR
W A LNU T S T
DEL PRADA WAY
PH LI L PI S RD
JE FFREY DR
LA BR EA WAY
BUCHANAN RD
NORTHCR OSS ST
NANTUCKET WAY
CAM NI O CORTEZ
CAPISTRANO ST
JI LL C T
PERA LTA ST
ZAM ORA S T
JA N C T
BEU TL ER DR
HAWK CT CARTAGENA DR
MYKONOS CT
STABLER PARK D R
JANICE WAY
HERITAGE DR
WHYLER RD
LOANOR DR
CHASITY WAY
TRES PICOS DR
SYLV AI WAY
AR DEN AVE
MONTCLAIR DR
THOMA S CT
EL VERANO W AY
RAP CWESTDR
PORTOFINO DR
RUTH AVE
PARI SW AY
KLAMATH LN
CAMINO DEL FLORES
NIELSON AVE
FRANKLIN AVE
JAMIE DR
CLEARVI E W DR
EL I C T
PEBBLE BEACH DR
HOLLYTREE DR
ELSOBRANTE CT
JEFFERSON AVE
JOHN DR
HUNJI DR
RONALD WAY
BRUNDY CT
SAM BRAN NAN WAY
AUGUSTA LN
DORCAS CT
NORWICH WAY
KRISTINA M ILL ER DR
CL E OC T
BERK SHI RE DR
PI C O C T
JOHNATHAN CT
S LAWRENCE AVE
ANDROSS AVE
DU K E CT
AYLOR AVE
C O LU S A FR O N T AG E R A M P O N SUTTER ST
ALLEN WAY
MILLER RD
LA GRANDE AVE
MANCHESTER WAY
RIVER OAKS DR
LIBB Y LN
HOWARD DR
COLUSA FRONTAGE RD
SI ENNA WAY
ANTHONY WAY
M ARINER WAY
FIRENZE CT
BARRINGTON DR
NEWPORT DR
TEEGARDEN AVE
FRU ITVAL EAVE
LA ME SA WAY
NICK CT
LAKE DR
CREST DR
HOLMES DR
IRIS WAY
BE T TY C T
R AI E ST A TE S C T
AK ER S CT
TAMARACK DR
RA NC HO W AY
SANTORINI CT
HAC EI NDA CT
SANTA BARBARA WAY
JA YN E C T
REGE NC WY
AY
JONES ST
MAR NI A DR
PLUMAS CT
CR E S T C T
MARIPOSA DR
P L U M C T
AMARPAL CT
CORSICA DR
W JOSEPH ST
EL DORADO LN
EVERESTC T
W O OD H AV E N D R
D O V E C T
EL SER ENOC T
ABBOTT WAY
GREENBRIAR CT
SAMUEL DR
QUALI CT
RA C H EL C T
NORTHF EI LD CT
PORTSM OUTH DR
COR T E Z C T
GEE BEE WAY
A LBATROS S AVE
CAPRI DR
KE YS E R S T
ANNA DR
BERNARD DR
O A KB R O O K D R
E DWINDR
LY N E LL C T
INDUS TRIAL CT
GREENW OOD W AY
F IFT H S T W B S U TT E R ST O FF
PELICAN PL
LESSEY DR
ROYO RANCHERO RD
COY DR
SOUTH W IND DR
KY L I E C T
DEL NORTE AVE
JA S O N C T
SAN NICCOLO DR
AN TI AWAY
ZUPAN WAY
CEMETARY WAY
CENTER ST
KENSINGTON WAY
MARIAH DR
PLUMAS BLVD
ARBOR WAY
CHARLOTTE AVE
LOR RIE WAY
RAPID W ATER WAY
MAD D E N C T
B U N CE CT
MALAGA CT
PEARSALLWAY
SA NI T JAMES CT
BROWN AVE
REEVES AVE
SANBORN RD
OHLEYER RD
WILDFLOW ER CIR
ORCHARD ST
CRISP DR
ER I C C T
DEBBIE LN
ARROYA GRANDE
ESPLANADE WAY
B R IS TOLC T
B RI CHWOOD CT
STARLITE LN
EL ZI ABETH LN
LE X I N G TO N C T
PORTOLA VALLEY RD
SESSLE R DR
ROOSEVELT RD
BO BB Y LN
RICHARDS WAY
JU D I TH C T
DOM A NI WAY
EDEN WAY
ANDREW DR
RICE WAY
GURJ WAY
YOUNGS LN
PE R K I N S W A Y
DEAN DR
SE R E N A D R
HONOR OAK DR
REDHAVEN AVE
VI C TOR IA C T
MILTON DR
LA U R E L D R
TRUE RD
JORI CT
BRIAN DR
TEAKWOOD DR
NORTHGATE DR
MC CUNE AVE
RAMERIZ DR
PA M E L A C T
BIL LIE ANN D R
H O M E WO O D D R
S A I N T A N D R E WS D R
PHEASANT DR
LEWISAVE
SE V I LLA C T
GREENGATE ST
WOODLAND DR
MAIN ST
SA R A H C T
D AV E PL
SANDPIPER DR
JE NN FI ER LN
N HARD NI G RD
DA N A W AY
MANZANITA WAY
MAG NOL IA DR
NI DER LN TRACY DR
OAKVI EW DR
PEACH TREE LN
EM IL Y L N
PALORAAVE
PATTY DR
TWINS WAY
ELLIOT DR
G IL L IL A N D D R
CRESWELL DR
GREGORY DR
GRO USE WAY
JOSEPHENE WAY
W LI L OW CREEK DR
CARMELITA DR
COUNTRYSIDE DR
SPYG LASS D R
BAY DR
C O TT O N R O S S E R W AY
NORTH POINT DR
BAR WICK WAY
LANCAS TER WAY
CYNDALN
GIDDA LOOP
BRADLEY ESTATES DR
DARROUGH DR
DELONE DR
PATRICIA DR
TOYON WAY
NADEAN DR
IMPERIAL WAY
BROOK SIDE CT
OAKWOOD DR
KATHLEEN WAY
LA P A LM A
JE N N I FE R C T
YO R K D R
THERESA WAY
N AN C Y C T
THOMAS DR
SCIROCCO DR
NINA WAY
RICH LN
MICHAEL WAY
MANN DR
WINSLOW DR
GREENH AVEN DR
CAMINO DEL ORO
ROSEW OOD DR
KIMBALL AVE
SOMERSET WAY
PR OVENCE DR
VALLEY VIEW DR
TIMOTHY LN
KENNEDY DR
OLIVER DR
ESTATES DR
MESAVERDE
AD E L I N E S T
ZACHARY WAY
NEPTUNE DR
CAM ELL AI LN
S W A R N C T
WILLOW GLEN DR
NORTHFIELD DR
ROSE LN
DAN EI L DR
KR I S T IN C T
JOSEP H S T
TRADEWINDDR
CU MM IN GS C T
G LE N WA Y
MEADOW AVE
CURR EI R WAY
RUSHING ST
SIERRA VISTA DR
M E LI N D A C T
QUAIL POINTE DR
SO UTHPOI NTE DR
FREDERICK ST
BA YWO OD CT
MOORE AVE
SH E R M AN C T
WHITNEY DR
GALAXYDR
MO NTEREYAVE
SU N R I S E C T
UPLAND DR
CA L AV E R AS C T
WOODLEAF D R
BEEC HWOO D ST
N EL D A C T
N PALORA AVE
NEILDR
E T A BE R AV E
WOODBRIDGE AVE CENTRAL AVE
LO R E T TA C T
N WALTON AVE
LASSEN BLVD
OAK HOLLOW
BRYN MAWR DR
MALTA DR
KILEYAVE
RIO VISTA
BA P T I ST LN
H EI K E N WA Y
DORMA N AVE
S HARDING RD
IDA WAY
N A UT IL U S C T
BROMLEY AVE
WINDSOR DR
FREMONT WAY
M IA L P
VOBORIL AVE
ELM ST
G IB S O N AV E
M A R TI N C T
PETTY CT
HUNT ST
GRANT WAY
PEPPERWOOD DR
FRAN CT
AS H L E Y W AY
D EN N I S WA Y
DERAE CT
MC RAE WAY
SH E E N A C T
S I N D U S TR I A L D R
BR Y A N W A Y
RI C KEY DR
SPIVAAVE
BE N N E T T W AY
SU TTER ST HW Y 20 WB O FF
CA R L OTT A WA Y
LA MANTIA DR
HAWTHORNE ST
SA MU E L JA MES CT
R O WE AV E
UNIVERSITY AVE
COL IN CT
CHR SI TIFER L N
C AN D A C E C T
KE N D A L L C T
AL CI AI DR
ROB NI SON AVE
H ER B E R T C T
BALCT
DIJO N CT
KE L TO N W AY
PO PP Y LN
MAL KIT CT
PE R I W IN K L E L N
SL O S S A V E
SA T O R I W AY
CLARO CT
SH AY WAY
B E NT O ND R
V ER O N I CA C T
LYLE CT
YOLANDA DR
DEBBIE WAY
C ED A R WA Y
LIND EN ST
WILL OWBROOK DR
GARY DR
RANDY W AY
JORDAN RD
M CI H CT
TRAVIS C T
MAD SI ON RD
LEEANNE AVE
S U N W E S T D R
CLA RI E CT
M AY E T T E C T
CECILY CT
FL E TCH E R W A Y
MICHELLE DR
ASPEN DR
ALEMAR WAY
TRIFF WAY
SHERWOOD DR
WH I T E O A K D R
N O R M A N D Y C T
LIL AC WAY
COU R T H OU SE WA Y
MARBL E CT
FO R E S TV IE W D R
GRANITE DR
BOYD ST
TE AL CT
PEBBL E CT
W E ST W O O D D R
WO O D C R E S T W A Y
M O S S WO O D D R
TI M B E R W O O D D R
SO FIADR
KAR NA LI CT
BR I G H T O N WA Y
HARDIAL DR
WILWICK WAY
CLYDE WAY
M AT T H E W D R
SLE EPY DR
SE SSL ER PL
MUR RAY C T
D O LO R E S D R
C EN T U R Y PA R K D R
ZEPHYR DR
YO R KS H I R E WA Y
SKYLINE DR
INEZ CT
C R E S T M O N TC T
VI C T
BI G O AKS DR
C AR L I S LE WA Y
C O LL E G E H I L L WA Y
M C C O LL U M A VE
TH O M P SO N A V E
LA G R A N D E W A Y
N O R TH W O O D S D R
EM M ET WAY
GENOA CT
CHLOE CT
FORES TW OOD DR
SA I N T F R A N C I S W AY
STO KER AVE
C O M M E R C I A L D R
VON GE LDE RN WAY
FO RREST LN
MEHAR CT
RAVI CT
VINEAVE
SUKH DR
Q U E EN S B U R Y WA Y
EA R N H A R D T D R
KING AVE
AINSLEYAVE
WO O D H U R S T C T
BU E N A VI S T A D R
PABLA CT
HARBANS DR
EM ERSO N ST
VA LLEY CT
WI N G F O O T D R
ALTURAS ST
HIGHLAND AVE
ROCKHOLT WAY
COATS DR
N O TT I N G H A M WA Y
KEVI N WAY
FIPPI NS AVE
GLENW OODDR
LOUISEAVE
TIERRA BUENA RD
VI A JA C I N TO
G R A N AD A WA Y
EONS TOT TF R ON TA G E RD
LOUIS CT
SH A K E W O O D D R
PINEHURSTDR
TEJA DR
BOWEN CT
JAMES LN
MORLEY AVE
SOMBRA CT
CAMD EN WAY
KLAMT CT
HARTL EY WAY
WILKIE WAY
JOY WAY
ELLIS WAY
ROSALIND AVE
W ONSTOTT FRTG RD
LYNN WAY
AARON DR
MO RGAN WAY
NICOLAS DR
TEESDALE CT
DONA WAY
POOLE BLVD
TORRY P NI E DR
SA N G I M I G N A N O D R
LO U E LL A L N
MAJORCA DR
CL NI T WAY
MCKINLEY RD
EV E R G R E E N WA Y
PARC EASTDR
W ONSTOTT FRONTAGE RD
RIDGEW AY
OJI WAY
E L G R A N E R O W A Y
C AR O LE I G H WA Y
KIRA CT
TO W N S Q U A R E
MILLER ST
SAM RI DER WAY
JOHN WAYN E DR
C H ELSEA PL
CARRIAG E SQ
OHLSON ST
MEADOWLARK WAY
DONALD CT
DOWNIE ST
SCOTT ST
CARROLL ST
LOR RAINE WAY
COLE CT
BR A N D Y WI N E D R
WILSON AVE
TOLEDO ST
LIZANNE DR
GURDAS CT
CASE CT
MELAN EI LN
SCO TTEN CT
STARR DR
LYNNWO OD D R
NORTH RIDGE DR
HILLVIEW DR
COBBL ESTO NE CT
KEAN AVE
OXFORD CT
STONEY DR
EASTCREST CT
TURI N DR
CALAIS DR
BUTTE BEND LN
MAYFAIR AVE
ROL LIN G RO CK CT
BANDY WAY
RAJ CT
GRAYSTO NE CT
MCCALL AVE
MALICKAVE
JESSIE AVE
DEL AMO DR
TABER AVE
KRENTZ LN
CAROL INA AVE
HOL LYAVE
JEWELL AVE
PRINCESS ST
N OLIVE R DR
CAMPBEL L WAY
S
B
P
R
R
O
U
O
CE WAY
KSAVE
PAGE AV E
PAL M AVE
PLAZA WAY
BR ANDSTATTAVE
WILLOW WAY
GORDON WAY
HUNTER WAY
E L E N C I N O W A Y
KELLIDR
HETH ER NI G TO N CI R
BE CKY LN
LYNCHBUR G DR
SAVANNAH DR
LAMONW AY
MELBA ST
G R EE N W IC H CI R
HARBOR TOWN DR
EPLEY DR
ELMER AVE
C E NTER D R
N L AWREN CE AV E
WOODRIDGE CT
WIND W ARD W AY
WHITE WATER W AY
CHANDLER WAY
MICHIGAN ST
COURTYARD WAY
WOO DWOR TH AVE
STO NEGATE D R
ATWOOD DR
LA RAM ADA
HAZEL AVE
SPENCER LN
TRINITY AVE
BAY CT
SHARON DR
MAYFLOWER WAY
LA CIENEGA WAY
KARENDR
BELL AVE
HARKEY WAY
TANGLEWOOD CT
STE VEN WAY
ALFRED WAY
SIERRA AVE
BURNS DR
SEAGULL DR
FRANCIS WAY
RED BUD LN
AZALEA WAY
KNIGHTS ROW
BIRD ST
C TI RUS DR
HASSETT AVE
JULIE DR
GENEVAAVE
N BARRETT RD
WENDEL L WAY
DUST DIN
R
STE WART WAY
ANNEKA LN
PUTMAN AVE
V ILLA VIS TA AV E
LA CASA AVE
MADRON E D R
INDUSTRIAL DR
BUTTE AVE
CLINTON ST
SUPP RD
JACOB DR
SEQUOIA DR
EASTWIND DR
VERNON AVE
BANCROFTAVE
BRIAR LN
BEYMER LOOP
REBECCA DR
QUEENS AVE SB 99ON
FIFTH ST
MIR A DA CIR
WILDER AVE
GEAR
RI YC
99 SB QUEENSAVE OFF
ART DR
DELMONTE AVE
QUE ENS AVE 99 NB ON
ANNETTE WAY
99NB QUEE NSAVE OFF
HEATHER D R
ECKHART RD
WINSHIP RD
FRUITRIDGE RD
MONROE RD
ROBERTDR
CASITA DR CASA LOMA WAY
LA COLINA LN
WILLIAMS WAY
MC MULLEN AVE
REGENT L OOP
HAYNE AVE
MELTON DR
KENNY DR
O NSTOTT FRTG RD
ROSEMARY LN
FIFTH ST BRIDGE STWB OFF
DELLE DR
HILLCREST AVE
V ETE RA N S M EM O R
D L AI R
ADAMS RD
CASSIDYAVE
ORO GRANDE ST
KIMBERLY DR
PARK VIE W AVE
YOUNG RD
MC KE EHAN DR
VILLAAVE
HELEN AVE
SPIRIT DR
GABRIEL AVE
REDDING AVE
S GEORGE WASH NI GTON BLVD
S TAB LE R
L N
P ER C Y
A VE
Lighting & Landscape
Maintenance District No.6
Zones of Benefit
QUEENS AVE
SWALTON AVE
CLARK AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
WESTERN PKWY
SUNSWEET BLVD
N WALTON AVE
PLUMAS ST
ROYO RANCHERO RD
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
OHLEYER RD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
TIERRA BUENA RD
STABLER LN
RAILROAD AVE
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
GRAY AVE
LINCOLN RD
CLARK AVE
FRANKLIN RD
PEASE RD
GARDEN HWY
BOGUE RD
Highway
Highway 20
Highway 99 Highway 99
8 Legend
City Limits
Maintenance Districts
µ
ATTACHMENT 2
DISTRICT 2-6 PROPOSED ASSESSMENTS
District Zone of Benefit
FY 2023-24
Proposed Levy
Rate ($)
Change From
Previous Year
($)
Maximum
Levy Rate
Allowed ($)
2 A $618.14 $20.28 $689.04
3 A $195.92 $74.76 $195.93
A $302.76 $37.70 $513.02
B $302.76 $37.70 $694.77
C $302.76 $37.70 $421.56
4 D $302.76 $37.70 $377.70
A $214.74 $58.48 $249.97
B $76.05 ($0.23) $83.91
C_1-9 $181.16 $10.90 $181.17
C_10 $117.35 $7.07 $117.35
D $145.16 ($14.36) $248.78
E $102.74 $6.18 $102.74
F $117.38 ($11.64) $202.14
G $63.18 $3.80 $63.19
H_1-8 $40.60 $2.44 $40.60
H_9 $89.60 $5.38 $89.61
I $77.10 ($2.92) $85.16
J $146.20 ($8.32) $228.16
K 1-17 $229.72 ($10.44) $322.81
K_18 $240.80 ($10.02) $425.93
5 L $150.46 $9.06 $150.46
A_1 $347.90 $42.75 $347.90
A_2 $347.89 $42.74 $347.90
A_3 $347.88 $42.72 $347.90
B_1 $526.06 ($0.21) $559.51
6 B_2 $483.36 ($0.20) $514.09
District Zone of Benefit
FY 2021-22
Proposed Levy
Rate ($)
Change From
Previous Year
($)
Maximum
Levy Rate
Allowed ($)
B_3 $332.52 ($0.14) $353.66
B_4 $1,755.00 $2.92 $1,866.56
B_5 $0.00 $0.00 $533.30
B_6 $96.68 ($0.05) $102.83
B_7 $96.68 ($0.05) $102.83
B_8 $221.06 $0.36 $235.12
B_9 $437.66 $0.73 $465.49
B_10 $144.70 $0.23 $153.91
B_12 $166.78 $0.27 $177.38
B_13 $151.46 $0.26 $161.09
B_14 $171.12 ($0.07) $182.00
B_15 $57.02 ($0.03) $60.66
6 C_1 $530.50 ($5.16) $570.00
Agenda Item 18
CITY OF YUBA CITY
STAFF REPORT
Date: August 15, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Public Hearing
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24, pursuant to the landscaping and Lighting Act of 1972 Fiscal Impact: Receipt of assessments and expenditures of funds for Landscape Maintenance District No. 1
Purpose:
To continue to recover costs to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.
Council Strategic Goal:
Levying Yuba City Landscape Maintenance District No. 1 (LLMD No. 1) addresses the City Council’s Strategic Goal of maintaining infrastructure and fiscal responsibility.
Background:
The City annually levies and collects a special assessment in order to maintain and service landscaping that provides special benefit to the parcels identified in Landscape Maintenance District 1 (Attachment 1, Exhibit A). The assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed.
District 1 includes the Stabler Lane area (A) and Garden Highway area (B, B_1, and B_2). Zones A and B do not have provisions for a cost of living adjustment (COLA) and have historically been charged the maximum levy allowed in order to cover the expenses. Zones B_1 and B_2 do have provisions for a COLA which is based on the Consumer Price Index from January to January.
In previous years, the expenditures in District No. 1 exceeded the revenue due to increasing costs and the lack of COLA provisions, creating negative Reserve Fund Balances. With recent aggressive costcutting measures that have reduced professional services, water, and administration expenses, the
revenues have exceeded the expenditures in District No. 1.
The City previously attempted to modify District No. 1 to include the COLA provisions, but residents within the District opposed the modification. In order to restore higher maintenance levels, additional funding sources and/or a new Proposition 218 process will need to be approved.
On June 6, 2023, Council adopted a Resolution describing improvements and directing the filing of the Annual Report. On July 18, 2023 Council adopted a Resolution approving the Engineer's Report and a Resolution of Intention to order the improvements, setting a Public Hearing for August 15, 2023 to establish the assessments for Fiscal Year 2023-24.
Analysis:
The Engineer’s Annual Report has been prepared and is on file in the City Clerk’s office. The report describes the District, the improvements therein, the method of assessment, and the proposed assessment for each parcel. The Resolution approving the Annual Report and the Resolution of Intention to order improvements are required by state law to continue the District. The proposed action in this report sets a public hearing for the Council meeting to be held on August 15, 2023 to establish assessments for the coming year.
Fiscal Impact:
The proposed assessments for Fiscal Year 23/24 are shown in Attachment 3.
The projected revenue, expenditures, and cash balance, which include capital reserve, for the Districts are as follows:
District
– Zone
of
Benefit
Revenue Expenditures Projected
Reserve Fund
Balance as of
7/1/24*
1 - A $22,007 $18,609 $79
1 – B** $66,315 $65,186 $13,952
*The Projected Reserve Fund Balance is the total of the Capital Replacement Reserve plus the Operating Reserve.
**Dollar amounts for Zones of Benefit B, B_1, and B_2 are included within “1-B” row of table.
The reserve balance in Zone of Benefit B consists of General Fund transfers that were unspent from previous years. Staff recommends maintaining this reserve balance to cover unforeseen expenses that may come up throughout the year. Moving forward, the City may be required to reduce maintenance levels in District No. 1, or utilize General Fund Gateway Maintenance Transfer funds to maintain previous years’ level of maintenance.
Alternatives:
1. Council may reduce the assessment amounts which will affect future revenue and expenditure amounts in FY 2023-24, or cancel the District and find alternative funding sources to maintain the landscaping.
2. Council may direct City staff to follow legal procedures in order to modify District No. 1 to include an adjustment to match current expenditures with COLA provisions to avoid revenue shortfalls in the future.
3. Council may direct other fund sources to supplement the District revenues based on previous Fiscal Year expenditures. In previous fiscal years, the average expenditure dollar amount in Zone of Benefit B was approximately $100,000 with revenues being approximately $65,000.
Recommendation:
A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24, pursuant to the landscaping and Lighting Act of 1972 Attachments:
1. Attachment 1- Resolution LLMD No. 1 Public Hearing
2. Exhibit A - District Maps LLMD 1
3. Attachment 2 - Proposed Assessments D1 Public Hearing Prepared By: Submitted By:
Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR THE YUBA CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (ZONE OF BENEFIT “A” (STABLER LANE AREA) AND ZONES OF BENEFIT “B,” “B_1,” & “B_2” (GARDEN
HIGHWAY AREA))
WHEREAS, on July 18, 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Yuba City did declare its intention to review, levy and collect the annual assessment for Landscape Maintenance District No. 1 (“District”) for Fiscal Year 2023-24; and
WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of improvements including turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, street lighting, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (perimeter landscaping) surrounding the developments, as well as servicing improvements including electricity, water for irrigation of any landscaping, and the operation of fountains; and
WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on June 6, 2023, pursuant to the provisions of the Act, the City Council initiated proceedings by Resolution No. 23-066 for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2023-24 and directed the Engineer of Work, Tyrone Peter of Willdan Financial Services, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer of Work prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 23-091 approving the Engineer’s Report, which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for August 15, 2023, was duly published on August 5, 2023.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
1. The above recitals are true and correct, and are hereby incorporated herein by this reference.
2. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against
the assessable lots and parcels of property within an existing assessment district designated “Landscape Maintenance District No. 1” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay for the costs and expenses of the improvements described in the Engineer’s Report.
3. That the City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Yuba City, will be the territory benefited by the maintenance and servicing of the improvements described in said Report.
4. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
5. That the Engineer’s Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved as to the District, and that the assessment of the total amount of the costs and the individual assessments thereof, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby are finally approved and confirmed as the assessments to pay the costs. The assessments for District No. 1, Zones of Benefit “A” and “B,” for Fiscal Year 2023-24 are proposed to remain the same as the previous year as described in the Engineer’s Report. The assessments for District No. 1, Zone of Benefit “B_1,” and “B_2” for Fiscal Year 2023-24 are proposed to increase from the previous year as described in the Engineer’s Report, but are still within or less than the amount approved for Zones of Benefit “B_1” and “B_2” at the time of the Districts’ formations.
6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Report.
7. That the assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than August 18, 2023.
9. As the levies remain the same as prior years, the assessments for District No. 1 Zones of Benefit “A” and “B” are exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218). Likewise, although the levies have increased for District No. 1 Zones of Benefit “B_1” and “B_2” as compared to the prior year, the levy amounts are consistent with and less than the previously approved Cost of Living Adjustment adopted at the times of formation of the Districts pursuant to Proposition 218, and as such, the levies for District No. 1 Zones of Benefit “B_1” and “B_2” are likewise exempt from further compliance with Proposition 218.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 15th day of August 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
Exhibit A – District Map
EXHIBIT A
QUEENS AVE
FLORAIN DR
GA RD ENS ID E WAY
DOROTHY LN
BUTTE VISTA LN
SARATOGA CT
SPRIG CT
HAWK CT
MYKONOS CT
STABLER PARK DR
OAKBROOK CT
ROBIN CT
TUMBER WAY
MONTCLAIR DR
EL VERANO WAY
PORTOFINO DR
ELVERANDACT
JAMIE DR
ELSOBRANTECT
TRES PICOS DR
SANTA BARBARA WAY
MANCHESTER WAY
LANCASTER WAY
OSPREY CT
VINTAGE CT
PINTAIL CT
SANTORINI CT
CORSICA DR
TORTOSA CT
DOVE CT
ELDORADOLN
QUAIL CT
RACHEL CT
NORTHF ELD CT I
SYLVIA WAY
OAKBROOK DR
QUEENS AVE SB 99 ON
HWY 99
MALAGA CT
LORA WAY
99 NB QUEENS AVE OFF
DEBBIE LN
ESPLANADE WAY
BR SI TOL CT
ELIZABETH LN
EDEN WAY
PHEASANT DR
SEVILLA CT
JENNIFER LN
DANA WAY
PEACH TREE LN
EMILY LN
PATTY DR
GROUSE WAY
BR ADLEY ESTATES DR
NADEAN DR
LA PALMA
EL CERRITO CT
JENNIFER CT
YORK DR
NANCY CT
LA CRESENTA CT
RICH LN
MICHAEL WAY
PROVENCE DR
VALLEY VIEW DR
BROOKFIELD CT CUMMINGS CT
MALTA DR
COLIN CT
CHRISTIFER LN
CANDACE CT
KENDALL CT
BAL CT
DIJON CT
MC MULLEN AVE
KENNY DR
SHAY WAY
CASA LOMA WAY
CASITA DR
LA COLINA LN
MELTON DR
LORRAINE WAY
MICH CT
NORTHWOODS DR
FORESTWOOD DR
CLAIRE CT
WOODLAND DR
NORTH RIDGE DR
CAMDEN WAY
NORTHGATEDR
WARD CT
CLYDE WAY
ROLLING ROCK CT
GENOA CT
CHLOE CT
CALAIS DR
TURIN DR
MEHAR CT
RAVI CT
SUKH DR
PABLA CT
VALLEY CT
COATS DR
GRANADA WAY
PARC EAST DR
BUTTE BEND LN
PAULA DR
HUNTER WAY
PAM DR
SPENCER LN
SHARON DR
REBECCA DR
99 SB QUEENS AVE OFF
QUEENS AVE 99 NB ON
STABLER LN
MESSINA DR
E ONSTOTT FRTG RD
CARTAGENA DR
PARC WEST DR
MESSINA CT
REGENCY WAY
CAPRI DR
GR EENWOOD WAY
MANN DR
SOMERSET WAY
NORTHFIELD DR
HERBERT CT
W ONSTOTT FRTG RD
MAJORCA DR
MEADOWLARK WAY
1A
Lighting & Landscape
Maintenance District No. 1
Zones of Benefit
QUEENS AVE
S WALTON AVE
THARPRD
BUTTE HOUSE RD
FRANKLIN AVE
SUNSWEET BLVD
PLUMAS ST
RICHLAND RD
LINCOLN RD
HARTER PKWY
HOOPER RD
STEWART RD
L VI E OAKBLVD
RAILROAD AVE
BRIDGE ST
S GEORGE WASH NI GTON BLVD
LINCOLN RD
FRANKLIN RD
BOGUE RD
BUNCE RD
OHLEYER RD
TIERRA BUENA RD
GRAY AVE
CLARK AVE
GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits
1B
1B
1B_1
1B_1
1B_2
BUNCE RD
GARDEN HWY
JONES RD
S BARRETT RD
RAILROAD AVE
RANDOLPH DR
LINCOLN RD
BOGUE RD
RICHLAND RD
WINSHIP RD
CRESTMONT AVE
SINGH'S WAY
WHISTLEW OO D CT
B RENTW OOD DR
KILLINGTON CT
CORNWELL AVE
M E A DO W A V E
WALLACE DR
MILL CREEK WAY
TEESDALE RD
GR OV E CT
GOLD RIVER DR
HASTINGS WAY
ALMOND GROVE DR
STONYB ROOK DR
MARINER LOOP
SHANGHAI BEND RD
DEL LAGO
CAR ISSA C T
MAIN ST
MA RG AR ET C T
PAYNECT
SOUTHLAND DR
ASH WO OD CT
PH LI LIPS RD
W NI S H PI C T
ALDE RWO O D C T
TA RA CT
JILL CT
STEWART RD
JAN C T
ATLANT IC CT
WILD RIVER DR
EUREKA DR
S TO NYB RO OK CT
CR ESWE LLD R
DORCAS CT
MAGNOLIA DR
SOUTH PARK DR LA GRANDE AVE
RIVER OAKS DR
REO DR
MILLFRONT AVE
MARINER W AY
VILLAGE CT
BLA CK CT
BUCK RIVERTS
WAVERLY CT
DEE BEERSCT
COLONY CT
HAVE N CT
TRINITY AVE
SM ITH RD
CAMBRIDG ECT
DIAMOND POINTE WAY
WINDSOR DR
TULSA C T
BU RL CT
MARIPOSA DR
WOODHAVEN DR
ROCKY CT
KATHERINE CT
RHINE CT
WIND RIVE R CT
GEE BEE WAY
ALBATROSS AVE
SO UTHWIND DR
COLD WATER ST
STILLWATER DR
STONEWATER DR
TIMBER CT
ROYAL RIVER DR
MARIAH DR
ARBOR WAY
RAPID WATE R WAY
BUNCE CT
DAKOTACT
GER ALD CT
NEBRASKA DR
TRUCKEE CT
FRANQUETTE DR
ME AD OW W ALK D R
JEFFREY DR
ARIZONA WAY
STARLITE LN
CANTERBURY DR
M ONTA NA C T
ANDREW DR
LASK DR
BLUE OAK DR
HOMEWOOD DR
CRES CENT CT
LOIS LN
ARI CT
CARMELO WAY
OREGON WAY
CIRCASSIAN DR
TWINS WAY
GILL LI AND DR
PECAN DR
KELSEY C T
LONELY OAK DR
AURORA DR
COTTON ROSSER WAY
DELONE DR
STEPHEN WAY
DRUMMOND DR
OLEANDER DR
BARON CT
SCIROCCO DR
SHADY CT
TWIN RIVERS DR
PEORIA DR
BRA NDON ST
ATLANT SI WAY NEPTUNE DR CRYSTAL CRE EK LN
TRADEWIND DR
SOUTHPOINTE DR
SH ER MAN CT
CORBY CT
GALAXY DR
CALAVERAS CT
TULSA DR
DOLPHIN CT
MARLIN CT
PACIF CI A DR
NAUTILUS CT
RADDISON DR
VOBORIL AVE
ASHLEY WAY
DENNIS WAY
COLUMB AI DR
GLE N W O OD DR
RICKEY DR
SW IFT CREEK CT
OAK CT
NAURA CT
WHITE ROCK DR
SECOND ST
CLARO CT
W HISPE RING O AK S CT
FALLING ROC K CT
SUNWESTD R
MAYETTE CT
CECILY CT
BIG OAKS CT
MORRISON BEND
TEAL CT
HAMSTEADLN
EMERALD DR
CARR DR
TIFFANY WAY
MURRAY CT
SHELBY CT ZEPHYR DR
CRESTMONTCT
WISCONSIN CT
SPRING CREEK CT
EL VALLAS CIR
QUEENSBURY WAY
MUIR RD
CAM NI ITO AVE
WHITE OAK DR
SHADY LN
HIGHLAND AVE
NOTTINGHAM WAY
LOS BRAVOSDR
RAPID FALLS DR
HARTLEY WAY
SLEEPY DR
TEESDALE CT
SAM RIDER WAY
JOHN WAYNE DR
MICHIGAN CT
UTAH CT
SCOTTEN CT
EASTCREST CT
GRAYSTONE CT
MC CALL AVE
MALICK AVE
JESSIE AVE
CAROLINA AVE
DEER CREEK DR
MACKENZIE DR
BRANDSTATT AVE
EDGEWATER WAY
VITTORIA GROVE CT
IDAHO WAY
KELLI DR
SAVANNAH DR
EPLEY DR
MOSBURG LP
WINDWA RD W AY
CLAREMONT WAY
WHITE WATER WAY
WHISPERING OAKS DR
CO U RTYARD WAY
MISSISSIPPI DR
BIG OAKS DR
KAREN DR
STAPLE DR
BURNS DR
HASSETT AVE
GENEVA AVE
PUTMAN AVE
EASTWIND DR
CELEST AI L WAY
HILLCREST AVE
TUSCAN RD
Lighting & Landscape
Maintenance District No. 1
Zones of Benefit
QUEENS AVE
S WALTON AVE
CLARK AVE
GRAY AVE
BUTTE HOUSE RD
FRANKLIN AVE
WESTERN PKWY
SUNSWEET BLVD
N WALTON AVE
PLUMAS ST
ROYO RANCHERO RD
RICHLAND RD
LINCOLN RD
GEORGE WASHINGTON BLVD
OHLEYER RD
SHANGHAI BEND RD
HARTER PKWY
THARP RD
HOOPER RD
TIERRA BUENA RD
STABLER LN
RAILROAD AVE
LIVE OAK BLVD
BRIDGE ST
S GEORGE WASHINGTON BLVD
GRAY AVE
LINCOLN RD
CLARK AVE
FRANKLIN RD
PEASE RD
GARDEN HWY
BOGUE RD
Highway 20
Highway 99 Highway 99
Legend
Maintenance Districts
City Limits
ATTACHMENT 2
DISTRICT 1 PROPOSED ASSESSMENTS
District Zone of Benefit
FY 2022/23
Proposed Levy
Rate ($)
Change From
Previous Year
($)
Maximum
Levy Rate
Allowed ($)
A $56.72 $0.00 $56.72
B $29.50 $0.00 $29.50
B_1 $38.92 $2.69 $38.93
1 B_2 $356.26 $24.68 $356.27
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment