Cities Index.
Agenda packet

Yuba City City Council
October 3, 2023

Document
Agenda packet
Meeting
October 3, 2023
Body
Yuba City City Council
Pages
296
Original file
22.6 MB
Text extracted from the city's file for reading and search. Open the original on yubacityca.api.civicclerk.com. That file is the official record.

151211-V1
01248.0007/924375.2 Page 4 of 8
under the Lease at the end of the Lease Term, including, without limitation, an amount equal to the Fair Market Value of the Equipment at the end of the Rent Term as originally anticipated by Lessor at the date of the Lease; provided, that Lessee agrees that such value shall be determined by the books of Lessor as of the date of the Schedule.

13.4 Lessee shall bear the risk of loss for, shall pay directly, and shall defend Lessor against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the negligence or willful misconduct of Lessor.

14. INSURANCE.

14.1 (a) Lessee at its sole expense shall at all times keep all Equipment insured against all Casualty Losses for an amount not less than the Termination Value of the Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be payable to Lessor as lender loss payee. (b) Lessee at its sole expense shall at all times carry public liability and third party property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others relating in any way to any Equipment. Proceeds of any such public liability or property insurance shall be payable first to Lessor as additional insured to the extent of its liability, and then to Lessee.

14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to Lessor satisfactory evidence of required insurance coverage and all renewals and replacements thereof. Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any cancellation of such policy and will require that Lessor's interests remain insured regardless of any act, error, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be primary without any right of contribution from insurance which may be maintained by Lessor.

15. NO PREPAYMENT. Lessee shall not be permitted to prepay the Rent Payments or any other obligation under a Lease in whole or in part.

16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its Equipment, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Lease and to perform its obligations under the Lease, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body; (b) the Lease has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; (c) the Lease is authorized under, and the authorization, execution and delivery of the Lease complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and property acquisition laws) and all applicable judgments and court orders; (d) the execution, delivery and performance by Lessee of its obligations under the Lease will not result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by which Lessee's properties may be bound or affected; (e) there is no pending, or to the best of Lessee's knowledge threatened, litigation of any nature which may have a material adverse effect on Lessee's ability to perform its obligations under the Lease; and (f) Lessee is a state, or a political subdivision thereof, as referred to in Section 103 of the Code, and Lessee's obligation under the Lease constitutes an enforceable obligation issued on behalf of a state or a political subdivision thereof.

17. TAX COVENANTS.

17.1 Lessee hereby covenants and agrees that: (a) Lessee shall comply with all of the requirements of Section 149(a) and Section 149(e) of the Code, as the same may be amended from time to time, and such compliance shall include, but not be limited to, executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information statements reasonably requested by Lessor; (b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, any Lease to be an "arbitrage bond" within the meaning of Section 148(a) of the Code or any Lease to be a "private activity bond" within the meaning of Section 141(a) of the Code; and (c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, the interest portion of any Rent Payments to be or become includable in gross income for Federal income taxation purposes under the Code.

17.2 Upon the occurrence of an Event of Taxability, the interest portion of any Rent Payment shall be at the Taxable Rate retroactive to the date of occurrence of the Event of Taxability, and Lessee shall pay such additional amount as will result in Lessor receiving the interest portion of the Taxable Rate identified in the Payment Schedule. For purposes of this section, "Event of Taxability" means a determination that the interest portion of Rent Payments is included for federal income tax purposes in the gross income of the Lessor due to Lessee's action or failure to take action, including breach of covenants set forth in section 17.1 hereof. An Event of Taxability shall occur upon the earliest of: (1) the happening of any event which may cause such Event of Taxability, or (2)

Page 200 of 296 ends

151211-V1
01248.0007/924375.2 Page 5 of 8
Lessor's payment to the applicable taxing authority of the tax increase resulting from such Event of Taxability, or (3) the adjustment of Lessor's tax return to reflect such Event of Taxability, or (4) the date as of which the interest portion of the Rent Payments is determined by the Internal revenue Service to be includable in the gross income of the Lessor for federal income tax purposes.

18. ASSIGNMENT.

18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otherwise dispose of, any Lease or any Equipment or any interest in any Lease or Equipment.

18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or may grant or assign a security interest in any Lease and its Equipment, in whole at any time. Except as assigned in whole to JP Morgan Chase & Co. or any of its direct subsidiaries, assignment of rights, title or interest in the Lease or any security interest therein shall only be in whole and to a Qualified Institutional Buyer (“QIB”), as defined in Rule 144A (17 CFR §230.144A) under the Securities Act of 1933 Any such assignee or lienholder (an "Assignee") shall have all of the rights of Lessor under the applicable Lease. Unless otherwise agreed by Lessee in writing, any such assignment transaction shall not release Lessor from any of Lessor's obligations under the applicable Lease. An assignment or reassignment of any of Lessor's right, title or interest in a Lease or its Equipment shall be enforceable against Lessee only after Lessee receives a written notice of assignment which discloses the name and address of such Assignee and a certificate of the assignee representing (a) that the assignee is a QIB and sophisticated investor and understands what he/she is buying/ being assigned, (b), that the assignee is investing for its own account and not a view to resell, (c) that the assignee understands the City’s finances and has had an opportunity to ask questions of City officials or has chosen not to do so regarding the Lease, provided, that such notice or representations from Lessor to Lessee of any assignment shall not be so required if Lessor assigns a Lease to JPMORGAN CHASE & CO. or any of its direct subsidiaries. Lessee shall keep a complete and accurate record of all such assignments in the form necessary to comply with Section 149(a) of the Code and for such purpose, Lessee hereby appoints Lessor (or Lessor's designee) as the book entry and registration agent to keep a complete and accurate record of any and all assignments of any Lease. Lessee agrees to acknowledge in writing any such assignments if so requested.

18.3 Each Assignee of a Lease hereby agrees that: (a) the term Secured Obligations as used in Section 8.3 hereof is hereby amended to include and apply to all obligations of Lessee under the Assigned Leases and to exclude the obligations of Lessee under any Non-Assigned Leases; (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any NonAssigned Lease or any Equipment covered by any Non-Assigned Lease; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor (including, without limitation, the remedies under Section 20 of the Master Lease) solely with respect to the Assigned Leases. "Assigned Leases" means only those Leases which have been assigned to a single Assignee pursuant to a written agreement; and "Non-Assigned Leases" means all Leases excluding the Assigned Leases.

18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

19. EVENTS OF DEFAULT. For each Lease, "Event of Default" means the occurrence of any one or more of the following events as they may relate to such Lease: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (b) Lessee fails to perform or observe any of its obligations under Sections 12.1, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it under the Lease and such failure is not cured within thirty (30) days after receipt of written notice thereof by Lessor; (d) any statement, representation or warranty made by Lessee in the Lease or in any writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee under any federal or state bankruptcy, insolvency or similar law, or a petition in a proceeding under any federal or state bankruptcy, insolvency or similar law is filed against Lessee and is not dismissed within sixty (60) days thereafter; or (f) Lessee shall be in default under any other Lease or under any other financing agreement executed at any time with Lessor.

20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or more of the following remedies:
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) on a demand date specified by Bank (the "Demand Date") all amounts then currently due under all Leases and all remaining Rent Payments due under all Leases during the fiscal year in effect when the Event of Default occurs together with interest on such amounts at the rate of six percent (6%) per annum (but not to exceed the highest rate permitted by applicable law) from the date of Lessor's demand for such payment; (b) Lessor may require Lessee to promptly return all Equipment under all or any of the Leases to Lessor in the manner set forth in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter upon the premises where any Equipment is located and repossess any Equipment without demand or notice, without any court order or other process of law and without liability for any damage occasioned by such repossession;

Page 201 of 296 ends

151211-V1
01248.0007/924375.2 Page 6 of 8
(c) Lessor may sell, lease or otherwise dispose of any Equipment under all or any of the Leases, in whole or in part, in one or more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain the entire proceeds of such disposition free of any claims of Lessee, provided, that if the net proceeds of the disposition of all the Equipment exceeds the applicable Termination Value of all the Schedules plus the amounts payable by Lessee under clause (a) above of this Section and under clause (f) below of this Section, then such excess amount shall be remitted by Lessor to Lessee; (d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment; (e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may enforce any of Lessee's obligations under any Lease; and/or (f) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this section, including, without limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any Equipment.

None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remedies shall not preclude its exercise of any other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy.

21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any termination thereof pursuant to Sections 6 or 20 of this Master Lease, to obtain possession of any Equipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable industry standards) at any location in the continental United States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by the applicable Lease, shall be free and clear of any Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required above, all terms of the applicable Lease shall remain in full force and effect including, without limitation, obligations to pay Rent Payments and to insure the Equipment. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment.

22. LAW GOVERNING. Each Lease shall be governed by the laws of the state where Lessee is located (the "State").

23. NOTICES. Any notices and demands under or related to this document shall be in writing and delivered to the intended party at its address stated herein (if to Lessor 1111 Polaris Parkway, Suite A1 (OH1-1085), Columbus, Ohio 43240, to the attention of the GNPH Operations Manager). Notice shall be deemed sufficiently given or made (a) upon receipt if delivered by hand, (b) on the Delivery Day after the day of deposit with a nationally recognized courier service, (c) on the third Delivery Day after the day of deposit in the United States mail, sent certified, postage prepaid with return receipt requested, and (d) only if to Lessee, on the third Delivery Day after the notice is deposited in the United States mail, postage prepaid. "Delivery Day" means a day other than a Saturday, a Sunday, or any other day on which national banking associations are authorized to be closed. Any party may change its address for the purposes of the receipt of notices and demands by giving notice of such change in the manner provided in this provision.

24. FINANCIAL INFORMATION. Lessee agrees to furnish to Lessor annual audited financial statements of Lessee within 270 days of the end of each fiscal year of Lessee. Additionally, Lessee agrees to provide additional information as reasonably requested by Lessor.

25. SECTION HEADINGS. All section headings contained herein or in any Schedule are for convenience of reference only and do not define or limit the scope of any provision of any Lease.

26. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in several counterparts, each of which shall be deemed an original, but all of which shall be deemed one instrument. If more than one counterpart of each Schedule is executed by Lessee and Lessor, then only one may be marked "Lessor's Original" by Lessor. A security interest in any Schedule may be created through transfer and possession only of: the sole original of said Schedule if there is only one original; or the counterpart marked "Lessor's Original" if there are multiple counterparts of said Schedule.

Page 202 of 296 ends

151211-V1
01248.0007/924375.2 Page 7 of 8

27. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits, schedules and addenda attached thereto and made a part hereof and other attachments thereto constitute the entire agreement between the parties with respect to the lease of the Equipment covered thereby, and such Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease.

28. OFFSHORING. Subject to applicable laws, processing of Lessee confidential information may be performed by any Lessor affiliate, including affiliates, branches and units located in any country in which we conduct business or have a service provider. In addition, Lessor may perform certain services and functions outside the United States that are indirect, ancillary, redundant back-up, back office, exception processing or services that are incidental to the performance of this agreement. Lessee authorizes Lessor to transfer customer information to such affiliates, branches and units at such locations as Lessor deems appropriate. For business resiliency purposes and disaster recovery services, subject to Lessor's cybersecurity and privacy policies, certain services and functions may be performed outside of the United States. Lessor reserves the right to store, access, view or process any data wherever it deems appropriate for the services Lessor provides.

29. ELECTRONIC SIGNATURES. Delivery of an executed counterpart of a signature page of (x) this Agreement, (y) any other Related Document and/or (z) any document, amendment, approval, consent, information, notice, certificate, request, statement, disclosure or authorization related to this Agreement, any other Related Document and/or the transactions contemplated hereby and/or thereby (each an "Ancillary Document") that is an Electronic Signature transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement, such other Related Document or such Ancillary Document, as applicable. The words "execution," "signed," "signature," "delivery," and words of like import in or relating to this Agreement, any other Related Document and/or any Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require Bank to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent Bank has agreed to accept any Electronic Signature, Bank shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of Lessee or any other Obligor without further verification thereof and without any obligation to review the appearance or form of any such Electronic Signature and (ii) upon the request of Bank, any Electronic Signature shall be promptly followed by a manually executed counterpart. Without limiting the generality of the foregoing, Lessee hereby (A) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among Bank, Lessee and Obligors, Electronic Signatures transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page and/or any electronic images of this Agreement, any other Related Document and/or any Ancillary Document shall have the same legal effect, validity and enforceability as any paper original, (B) Bank may, at its option, create one or more copies of this Agreement, any other Related Document and/or any Ancillary Document in the form of an imaged electronic record in any format, which shall be deemed created in the ordinary course of such Person's business, and destroy the original paper document (and all such electronic records shall be considered an original for all purposes and shall have the same legal effect, validity and enforceability as a paper record), (C) waives any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement, any other Related Document and/or any Ancillary Document based solely on the lack of paper original copies of this Agreement, such other Related Document and/or such Ancillary Document, respectively, including with respect to any signature pages thereto and (D) waives any claim against any Affiliates of Bank for any liabilities arising solely from Bank's reliance on or use of Electronic Signatures and/or transmissions by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page, including any liabilities arising as a result of the failure of Lessee and/or any Obligor to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature. As used herein, "Electronic Signature" means an electronic sound, symbol, or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. "Obligor" means any Lessee, guarantor, surety, co-signer, endorser, general partner or other Person who may now or in the future be obligated to pay any of the liabilities under this Agreement. "Person" means any individual, business or other entity, or any governmental authority. "Related Documents" means this Agreement, the Lease, the Schedules, and any other instrument or document executed in connection with this Agreement or the Lease. ( The next page is the signature page)

Page 203 of 296 ends

151211-V1
01248.0007/924375.2 Page 8 of 8

MASTER LEASE-PURCHASE AGREEMENT

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Master Lease-Purchase Agreement as of the date first referenced above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 204 of 296 ends

ATTACHMENT 3

Page 205 of 296 ends

151211-V1

Page 1 of 3 ends

LEASE SCHEDULE
Dated as of: OCTOBER 13, 2023
Lease No.: 1000149922
This Lease Schedule, together with its Payment Schedule, is attached and made a part of the Master Lease-Purchase Agreement described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of the Master Lease are incorporated herein by reference. Unless otherwise defined herein, capitalized terms defined in the Master Lease will have the same meaning when used herein.

Master Lease-Purchase Agreement dated October 13, 2023.

A. EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto and made a part hereof.

B. EQUIPMENT LOCATION: See Attached Schedule A-1
C. ACCEPTANCE OF EQUIPMENT: AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (c) LESSEE ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE "AS-IS, WHERE-IS"; AND (d) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE.

D. ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease; and to make Rental Payments if funds are appropriated in each fiscal year by its governing body.

E. RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the interest rate at which the interest portion of the Rental Payments is calculated, the Taxable Rate, the commencement date and the Lease Term of this Lease Schedule are each set forth on the Payment Schedule attached to this Lease Schedule.

F. RE-AFFIRMATION OF THE MASTER LEASE: Lessee hereby re-affirms all of its representations, warranties and obligations under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its representations in Sections 6.1 and 16 thereof).

G. GOVERNMENT REGULATION. ANTI-CORRUPTION.
(a) Representations and Warranties Regarding Anti-Corruption Laws and Sanctions. Lessee has implemented and maintains in effect policies and procedures designed to ensure compliance by Lessee and its officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, and Lessee and its officers and employees and to the knowledge of Lessee its agents, are in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects. None of (a) Lessee or to the knowledge of Lessee any of its respective officers or employees, or (b) to the knowledge of Lessee, any agent of Lessee that will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No advance, letter of credit, use of proceeds or other transaction contemplated by this Lease will violate Anti-Corruption Laws or applicable Sanctions.
(b) Compliance with Anti-Corruption Laws and Sanctions. Lessee shall maintain in effect and enforce policies and procedures designed to ensure compliance by Lessee and its officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.
(c) Use of Proceeds. Lessee shall not use, or permit any proceeds of the Lease to be used, directly or indirectly, by Lessee or its officers, employees and agents: (1) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws; (2) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country; or (3) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

Page 206 of 296 ends

151211-V1

Page 2 of 3 ends

(d) Definitions. For the purposes of this Section G, the following terms shall have the following meanings:
"Anti-Corruption Laws" means all laws, rules, and regulations of any jurisdiction applicable to the Lessee or its subsidiaries from time to time concerning or relating to bribery or corruption. "Person" means any individual, corporation, partnership, limited liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any of the foregoing or any other form of entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State. "Sanctioned Country" means, at any time, a country, region or territory which is the subject or target of any Sanctions (as at the time of this Agreement, Crimea, Cuba, Iran, North Korea, Sudan and Syria). "Sanctioned Person" means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S.

Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person.

H. BANK QUALIFIED: LESSEE CERTIFIES (a) THAT IT HAS DESIGNATED THIS LEASE AS A "QUALIFIED TAXEXEMPT OBLIGATION" FOR THE PURPOSES OF AND WITHIN THE MEANING OF SECTION 265(b)(3) OF THE CODE, (b) THAT IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAXEXEMPT OBLIGATIONS IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE FOR THE CURRENT CALENDAR YEAR AND (c) THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF SECTION 265

TAX-EXEMPT OBLIGATIONS TO BE ISSUED DURING THE CURRENT CALENDAR YEAR BY LESSEE, OR BY AN

ENTITY CONTROLLED BY LESSEE OR BY ANOTHER ENTITY THE PROCEEDS OF WHICH ARE LOANED TO OR ALLOCATED TO LESSEE FOR PURPOSES OF SECTION 265(b) OF THE CODE WILL NOT EXCEED $10,000,000. "Section 265 Tax-Exempt Obligations" are obligations the interest on which is excludable from gross income of the owners thereof under Section 103 of the Code, except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in Section 141 of the Code.
(The next page is the signature page)

Page 207 of 296 ends

151211-V1

Page 3 of 3 ends

LEASE SCHEDULE

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Lease Schedule as of the date first referenced above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 208 of 296 ends

151211-V1
SCHEDULE A-1
(Equipment List)
1 of 1
Expected Equipment Purchase Price: $1,000,000.00
Net Amount Financed: $1,000,000.00
Equipment Location: Corporation Yard
1185 Market Street
Yuba City, CA 95991
Equipment Description: (2) Dump Trucks
Vin Number(s)____________________
Equipment Location: Yuba City Fire Station 2
1641 Gray Avenue
Yuba City, CA 95991
Equipment Description: (1) Type III Fire Truck

TOGETHER WITH ALL ATTACHMENTS, ADDITIONS, ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS, REPLACEMENTS AND SUBSTITUTIONS THERETO.

This Schedule A-1 is attached to the Lease Schedule 1000149922 or a Receipt Certificate/Payment Request relating to the Lease Schedule.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 209 of 296 ends

151211-V1

Page 1 of 2 ends

Payment Schedule
This Payment Schedule is attached and made a part of the Lease Schedule identified below which is part of the Master Lease-Purchase Agreement identified therein, all of which are between the Lessee and Lessor named below.

Lease Schedule No. CITY OF YUBA CITY
Lease Schedule Dated: OCTOBER 13, 2023
Accrual Date OCTOBER 13, 2023
Amount Financed $1,000,000.00
Interest Rate 3.9900% per annum
Taxable Rate 5.0280% per annum
Rent Rent Rent Interest Principal Principal Termination Number Date Payment Portion Portion Balance Value
1 3/1/2024 $15,295.00 $15,295.00 $0.00 $1,000,000.00 N/A 2 9/1/2024 $102,966.00 $19,950.00 $83,016.00 $916,984.00 $916,984.00 3 3/1/2025 $18,293.83 $18,293.83 $0.00 $916,984.00 $916,984.00 4 9/1/2025 $104,689.83 $18,293.83 $86,396.00 $830,588.00 $830,588.00 5 3/1/2026 $16,570.23 $16,570.23 $0.00 $830,588.00 $830,588.00 6 9/1/2026 $106,483.23 $16,570.23 $89,913.00 $740,675.00 $740,675.00 7 3/1/2027 $14,776.47 $14,776.47 $0.00 $740,675.00 $740,675.00 8 9/1/2027 $108,350.47 $14,776.47 $93,574.00 $647,101.00 $647,101.00 9 3/1/2028 $12,909.66 $12,909.66 $0.00 $647,101.00 $647,101.00 10 9/1/2028 $110,293.66 $12,909.66 $97,384.00 $549,717.00 $549,717.00 11 3/1/2029 $10,966.85 $10,966.85 $0.00 $549,717.00 $549,717.00 12 9/1/2029 $112,314.85 $10,966.85 $101,348.00 $448,369.00 $448,369.00 13 3/1/2030 $8,944.96 $8,944.96 $0.00 $448,369.00 $448,369.00 14 9/1/2030 $114,418.96 $8,944.96 $105,474.00 $342,895.00 $342,895.00 15 3/1/2031 $6,840.76 $6,840.76 $0.00 $342,895.00 $342,895.00 16 9/1/2031 $116,609.76 $6,840.76 $109,769.00 $233,126.00 $233,126.00 17 3/1/2032 $4,650.86 $4,650.86 $0.00 $233,126.00 $233,126.00 18 9/1/2032 $118,888.86 $4,650.86 $114,238.00 $118,888.00 $118,888.00 19 3/1/2033 $2,371.82 $2,371.82 $0.00 $118,888.00 $118,888.00 20 9/1/2033 $121,259.82 $2,371.82 $118,888.00 $0.00 $0.00 TOTALS $1,227,895.88 $227,895.88 $1,000,000.00
(The next page is the signature page)

Page 210 of 296 ends

151211-V1

Page 2 of 2 ends

Payment Schedule
Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Payment Schedule as of the date first referenced above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 211 of 296 ends

160304-V2

PREPAYMENT SCHEDULE ADDENDUM
(Lock Out with Break Funding Premium)
Dated as of: OCTOBER 13, 2023
Lease Schedule No.: 1000149922
Lessee: CITY OF YUBA CITY
Reference is made to the above Lease Schedule ("Schedule") and to the Master Lease-Purchase Agreement ("Master Lease") identified in the Schedule, which are by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the above lessee ("Lessee"). As used herein: "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule. This Schedule Addendum amends and supplements the terms and conditions of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. Solely for purposes of the Schedule, Lessor and Lessee agree as follows:

1. Notwithstanding anything to the contrary herein or in the Lease, Lessee and Lessor agree that Lessee shall not exercise its prepayment or early purchase rights under the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule) or this Addendum prior to the end of the Lock-Out Period specified below.

Lock-Out Period: the first 12 months of the Lease Term of the Schedule

2. Notwithstanding anything to the contrary in the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule), Lessee and Lessor agree that so long as no Event of Default has occurred and continues under the Lease and so long as Lessee gives Lessor at least 30 days prior written notice (the "Notice Period"), Lessee may elect to prepay its obligations under the Schedule by paying to Lessor on the Rent Payment due date (a "Prepayment Date") following the Notice Period the total of the following (the "Prepayment Amount"): (a) all accrued Rent Payments, interest, taxes, late charges and other amounts then due and payable under the Lease; plus (b) the remaining principal balance payable by Lessee under the Schedule as of said Prepayment Date.

3. In addition to the prepayment amounts required by paragraph 1 above, a Break Funding Charge shall be due and payable if (i) exceeds (ii) where (i) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap including any forward rate swap, if any, which Lessor shall be deemed to have entered into on the earlier of (a) the date the Lease was originally funded or (b) the date a rate lock letter was signed, if any, and (ii) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap which Lessor shall be deemed to have entered into on the date of prepayment (the "Replacement Swap").

4. The prepayment or early purchase option rights granted herein shall control in the event of any conflict between the provisions of this Addendum and the Master Lease as it relates to the Schedule. Except as expressly amended or supplemented by this Addendum and other instruments signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. (The next page is the signature page)

Page 212 of 296 ends

160304-V2

PREPAYMENT SCHEDULE ADDENDUM

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Prepayment Addendum as of the date first written above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 213 of 296 ends

ATTACHMENT 4

Page 214 of 296 ends

151211-V1
Escrow Agreement Page 1 of 13

ESCROW AGREEMENT
(Gross Fund-Earnings to Lessee)
Dated as of: OCTOBER 13, 2023
This Escrow Agreement together with all addenda, riders and attachments hereto, as the same may from time to time be amended, modified or supplemented ("Agreement") is made and entered as of the date set forth above by and among the Escrow Agent identified below ("Escrow Agent"), the Lessee identified below ("Lessee") and JPMorgan Chase Bank, N.A. ("Lessor"). As used herein, "Party" shall mean any of Lessee, Lessor or Escrow Agent, and "Parties" shall mean all of Lessee, Lessor and Escrow Agent.

The Lessee and Lessor hereby authorize the Escrow Agent to act as escrow agent hereunder. All references to Escrow Agent shall mean TMI Trust Company in its capacity as escrow agent only, and all references to Lessor shall mean JPMorgan Chase Bank, N.A. in its capacity as lessor only.

Escrow Agent: TMI Trust Company
Lessee: CITY OF YUBA CITY
For good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:

SECTION 1. RECITALS.

1.01 Lessor and Lessee have entered into the Lease identified below whereby Lessor has agreed to lease and sell certain property generally described in the attached Schedule A-1 (the "Equipment") to Lessee, and Lessee has agreed to lease and purchase the Equipment from Lessor, in the manner and on the terms set forth in the Lease.

1.02 "Lease" means, collectively, the Lease Schedule identified below and the Master Lease-Purchase Agreement identified in said Lease Schedule (to the extent that it relates to said Lease Schedule) together with all exhibits, schedules, addenda, riders and attachments thereto. The Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of, nor have any requirements to comply with , the terms and conditions of any other agreement, instrument or document between Lessee and Lessor, in connection herewith, if any, including without limitation the Lease, nor shall the Escrow Agent be required to determine if any person or entity has complied with any such agreements, nor shall any such obligations of the Escrow Agent be inferred from the terms of such agreements, even though reference thereto may be made in this Agreement. In the event of any conflict between the terms and provisions of this Agreement, those of the Lease, any schedule or exhibit attached to the Agreement, or any other agreement among the Parties, the terms and conditions of this Agreement shall control.

Lease Schedule No. 1000149922

1.03 LESSOR'S DEPOSIT: $611,203.55 Lessor shall pay or cause to be paid to the Escrow Agent the amount of the Lessor's Deposit. The date that the Lessor's Deposit is paid to the Escrow Agent shall be referred to as the "Lessor's Deposit Date".

Escrow Agent shall credit the Lessor's Deposit to the Equipment Acquisition Fund established in Section 2 hereof on the Lessor's Deposit Date. To the extent that the purchase price of the Equipment exceeds the Lessor's Deposit, Lessee shall either notify Escrow Agent of such excess amount and then deposit with Escrow Agent funds in such amount which will be credited to the Equipment Acquisition Fund and used to pay the balance of the purchase price of the Equipment or Lessee shall pay such balance directly to the suppliers.

1.04 FUNDING EXPIRATION DATE: APRIL 13, 2025 ("Funding Expiration Date"). Lessee and Lessor agree that all Equipment should be delivered and installed, and all funds disbursed from the Equipment Acquisition Fund, no later than the above Funding Expiration Date.

1.05 Under the Lease, Lessee will cause each item of Equipment to be ordered from the applicable suppliers. Lessee shall furnish to Lessor as soon as available, a copy of the purchase orders or purchase contracts for all Equipment ordered pursuant to the Lease, showing the supplier, the purchase price and the estimated delivery dates.

1.06 Subject to the terms and provisions of this Agreement providing for control by Lessee and Lessor, Lessor and Lessee agree to appoint the Escrow Agent and the Escrow Agent accepts such appointment to receive, hold, invest and disburse the moneys deposited with the Escrow Agent as expressly set forth in this Agreement. The Escrow Agent shall not be obligated to assume

Page 215 of 296 ends
Page 2 of 13 ends

or perform any obligation of Lessee or Lessor hereunder or under the Lease or of any supplier with respect to any Equipment, nor shall the Escrow Agent be liable for any action or inaction of the Lessor, the Lessee or any supplier (including, without limitation, any such party’s use of the moneys deposited with, or disbursed by, the Escrow Agent), by reason of anything contained in this Agreement. Escrow Agent shall have only those duties as are specifically and expressly provided herein, which shall be deemed purely ministerial in nature, and no other duties shall be implied. Any funds in the Equipment Acquisition Fund not needed to pay the purchase price of Equipment will be paid to Lessor or Lessee, all as hereinafter provided.

1.07 This Agreement is not intended to alter or change in any way the rights and obligations of Lessor and Lessee under the Lease, but is entirely supplemental thereto. The provisions of this Agreement may be waived, altered, amended or supplemented, in whole or in part, only by a writing signed by all Parties.

1.08 Each of the Parties hereto has authority to enter into this Agreement, and has taken all actions necessary to authorize the execution of this Agreement by its respective officers whose signatures are affixed hereto. Where, however, the conflicting provisions of any such applicable law may be waived, they are hereby irrevocably waived by the Lessor and Lessee to the fullest extent permitted by law, to the end that this Agreement shall be enforced as written.

SECTION 2. EQUIPMENT ACQUISITION FUND.

2.01 The Escrow Agent's sole responsibility prior to the Lessor's Deposit Date shall be to establish an escrow account in the name of City of Yuba City designated as the Equipment Acquisition Fund (the "Equipment Acquisition Fund"). Escrow Agent shall keep such funds deposited into the escrow account separate and apart from all other funds and money held by it, and shall administer such funds as provided in this Agreement. Escrow Agent's rights and responsibilities under this Agreement, other than establishment of the Equipment Acquisition Fund, shall begin on the Lessor's Deposit Date, which may be on or after the date of this Agreement.

2.02 To the extent received by the Escrow Agent, the Lessor's Deposit and any funds deposited by Lessee under Section

1.03 hereof shall be credited to the Equipment Acquisition Fund on the Lessor's Deposit Date and shall be used to pay the balance of the purchase price of each item of Equipment subject to the Lease in accordance with the terms and provisions hereof. The Escrow Agent shall pay to the suppliers of the Equipment the payment amounts then due and payable with respect thereto within 2 business days upon receipt of, and as specified in, a written request executed by an Authorized Representative (as defined in Section 7) of the Lessor, delivered to the Escrow Agent in accordance with Section 9.02, and after the Escrow Agent has satisfied any applicable security procedures as required by Section 7. The written request will specify the supplier/beneficiary, its address or wire instructions and the applicable portion of the Equipment Acquisition Fund to be paid (the "Receipt Certificate/Payment Request"). As between Lessee and Lessor only, Lessee agrees that it will submit to Lessor for Lessor's signature a Receipt Certificate/Payment Request that has been executed by Lessee together with (a) the suppliers' invoices specifying the applicable portion of the purchase price of the items of Equipment described in said Receipt Certificate, (b) if the item of Equipment is a titled vehicle, a copy of the Manufacturer's Statement of Origin (MSO) covering such item showing Lessor as first and sole lienholder, and (c) any other documents required by the Lease, and Lessee agrees that Lessor shall not be obligated to execute any such Receipt Certificate until all of the foregoing have been submitted to Lessor.

2.03 If an Authorized Representative of the Lessor delivers to the Escrow Agent written notice of the occurrence of an event of default under the Lease or of a termination of the Lease due to a non-appropriation event or non-renewal event under the Lease, then the Escrow Agent shall promptly remit to Lessor the remaining balance of the Equipment Acquisition Fund. After its receipt of a notice of an event of default under the Lease or of a termination of the Lease due to a non-appropriation event under the Lease, the Escrow Agent shall not accept or act upon any instruction from Lessee nor shall it permit any distribution or release of any part of the Equipment Acquisition Fund without written authorization from an Authorized Representative of the Lessor. The Escrow Agent shall not be deemed to have knowledge of any event of default under the Lease or termination of the Lease unless a responsible officer of the Escrow Agent has received written notice of such event from an Authorized Representative of the Lessor as contemplated by this Section 2.03.

2.04 Upon the Escrow Agent's receipt of a Full Funding Notice (as defined below), the Escrow Agent shall apply the balance remaining in the Equipment Acquisition Fund:
first, to all reasonable fees and expenses incurred by, and indemnities owed to, the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessee and Lessor; and second, to Lessor to be applied by Lessor for benefit of Lessee either: (a) toward the principal and interest portion of the Rent Payment next coming due under the Lease; or (b) to reimburse the Lessee for the interest portion of their Rental Payments previously made within the past 18 months; or (c) toward a partial prepayment of the principal amount remaining due under the Lease and thereupon Lessor shall prepare and deliver to Lessee a revised Payment Schedule reflecting such partial prepayment of principal.

Page 216 of 296 ends
Page 3 of 13 ends

"Full Funding Notice" means written notification by an Authorized Representative of the Lessor to the Escrow Agent of the Lessor's receipt of the Final Receipt Certificate/Payment Request which confirms that all Equipment covered by the Lease has been delivered to and accepted by Lessee under the Lease and that the full amount of the Lessor's Deposit has been paid to the applicable suppliers.

2.05 Upon the Funding Expiration Date stated in Section 1.04 above, the Escrow Agent shall apply the remaining balance in the Equipment Acquisition Fund:
first, to all reasonable fees and expenses incurred by, and indemnities owed to, the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessee and Lessor; and second, to Lessor to be applied by Lessor for benefit of Lessee either: (a) toward the principal portion of the Rent Payment next coming due under the Lease; or (b) to reimburse the Lessee for the interest portion of their Rental Payments previously made within the past 18 months; or (c) toward a partial prepayment of the principal amount remaining due under the Lease and thereupon Lessor shall prepare and deliver to Lessee a revised Payment Schedule reflecting such partial prepayment of principal.

Upon the Funding Expiration Date stated in Section 1.04 above, the Escrow Agent shall apply the investment earnings on the Equipment Acquisition Fund as set forth in this Section 2.05.

2.06 The Escrow Agent shall not be responsible for the sufficiency of the moneys credited to the Equipment Acquisition Fund to make the payments herein required.

2.07 This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it hereunder, subject to the provisions of Section 4.

SECTION 3. MONEY IN EQUIPMENT ACQUISITIONS FUND; INVESTMENT.

3.01 The money and investments held by the Escrow Agent under this Agreement are irrevocably held in escrow for the benefit of Lessee and Lessor, and such money, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to any security interest or lien, by or for the benefit of any creditor of either Lessee or Lessor; provided, that the money and investments held by the Escrow Agent under this Agreement shall be subject to the security interests provided in Sections 3.07 and 4.03 hereof and further shall be subject to Section 12.04.

3.02 Money held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent at the written direction executed by an Authorized Representative of Lessee in Qualified Investments (as defined below). Such investments shall be registered in the name of the Escrow Agent and held by the Escrow Agent. The Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Section. Such investments and reinvestments shall be made giving consideration for the time at which funds are required to be available. No investment instruction shall be given that would cause the Agreement to be deemed an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended.

3.03 The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Equipment Acquisition Fund. Lessee acknowledges and agrees that all investments made pursuant to this section shall be for the account and risk of Lessee and any losses associated with investments shall be borne solely by Lessee. Escrow Agent shall from time to time invest and reinvest the funds held in the Equipment Acquisition Fund account, as and when instructed by an Authorized Representative of Lessee, in writing, in any one or more of the following (hereinafter, "Qualified Investments"): (a) obligations of the United States of America or any agency created thereby; (b) general obligations of any State of the United States of America; (c) general obligations of any political subdivision of a State of the United States of America, if such obligations are rated by at least two recognized rating services as at least AA; (d) certificates of deposit of any national bank or banks (including, if applicable, Escrow Agent or an affiliate of Escrow Agent) insured by the Federal Deposit Insurance Corporation (FDIC) with a net worth in excess of $100,000,000.00 ("Acceptable Bank"); (e) obligations of State or Municipal Public Housing Authorities chartered by the United States of America and guaranteed by the United States of America; (f) demand interest bearing accounts of Escrow Agent or an affiliate of Escrow Agent if Escrow Agent or an affiliate of Escrow Agent is an Acceptable Bank; (g) money market funds whose assets are solely invested in obligations listed in (a) through (f) above, including repurchase agreements secured by such obligations and which money market funds are rated in either of the two highest categories of any rating agency of national recognition at the time of purchase, including, without limitation, any other mutual fund for which the Escrow Agent or an affiliate of the Escrow Agent serves as investment manager, administrator, shareholder servicing agent, and/or custodian or subcustodian, notwithstanding that (1) the Escrow Agent or an affiliate of the Escrow Agent receives fees from such funds for services rendered, (2) the Escrow Agent charges and collects fees for services rendered pursuant to this Agreement, which fees are, separate from the fees received from such funds and (3) services performed for such funds and pursuant to this Agreement may at times duplicate those provided to such funds by the Escrow Agent or its affiliates; and (h) any other obligations approved in writing by Lessor. Unless otherwise directed in writing by an Authorized Representative of the Lessee, the Escrow Agent shall invest the Equipment Acquisition Fund, including all income

Page 217 of 296 ends
Page 4 of 13 ends

earnings, as selected by the Lessee on Schedule 1 hereto ("Schedule 1") upon the execution of this Agreement. In the event that no election is made by an Authorized Representative of Lessee by the Lessor's Deposit Date, shall remain uninvested.

3.04 If any of the above-described Qualified Investments are not legal investments of Lessee or cease to be Qualified Investments, then an Authorized Representative of the Lessee shall immediately notify Escrow Agent which of said Qualified Investments are not legal investments of Lessee or Qualified Investments, as the case may be, and shall provide Escrow Agent with direction to invest funds in accordance with Section 3.03. It is the sole responsibility of the Lessee to ascertain that all investments comply with all applicable federal, state, and local laws, statues, and policies. The Escrow Agent shall have no duty or obligation to monitor or inquire as to whether any Qualified Investments are legal investments of Lessee or continue to meet the requirements of a Qualified Investment nor have any liability in connection therewith.

3.05 The Escrow Agent shall, without further direction, sell such investments as and when required to make any payment from the Equipment Acquisition Fund, as contemplated herein. Any income received on such investments shall be credited to the Equipment Acquisition Fund.

3.06 The Escrow Agent shall furnish a monthly statement listing all investments to Lessor and to Lessee. The Escrow Agent shall not be responsible or liable for any loss. fees or expenses suffered in connection with any investments of moneys made by it in accordance with this Section. Market values, exchange rates and other valuation information (including without limitation, market value, current value or notional value) of any Qualified Investment furnished in any report or statement may be obtained from third party sources and is furnished for the exclusive use of the Parties. The Escrow Agent has no responsibility whatsoever to determine the market or other value of any Qualified Investment and makes no representation or warranty, express or implied, as to the accuracy of any such valuations or that any values necessarily reflect the proceeds that may be received on the sale of a Qualified Investment.

The Escrow Agent shall not act, or deemed to act, as an investment manager or adviser to the Lessee or Lessor.

3.07 Lessee hereby grants Lessor a security interest in the money and investments held by the Escrow Agent under this Agreement as collateral security for the payment and performance of all of Lessee's obligations under the Lease, this Agreement and any agreement, contract or instrument related to the Lease or this Agreement. Lessee represents and warrants to Lessor that the money and investments held by the Escrow Agent under this Agreement are free and clear of any liens, security interests or encumbrances other than the security interests created under this Agreement. Escrow Agent hereby acknowledges that it holds the money and investments held by the Escrow Agent under this Agreement subject to such security interest created by Lessee as bailee for Lessor; provided, that Escrow Agent's security interest in such money and investments as created under Section 4.03 hereof shall be superior to Lessor's security interest therein. It is understood that Escrow Agent has no responsibility with respect to the validity or perfection of the security interest other than to act in accordance with the terms of this Agreement.

SECTION 4. ESCROW AGENT'S AUTHORITY; INDEMNIFICATION.

4.01 The Escrow Agent may: act in reliance upon any writing, notice, certificate, instruction, instrument or signature which it, in good faith, believes to be genuine and to have been signed by an Authorized Representative of the applicable Party or Parties; assume the validity and accuracy of any statement or assertion contained in such a writing, notice, certificate, instruction or instrument; and assume that any person purporting to give any such writing, notice, certificate, instruction or instrument in connection with the provisions hereof has been duly authorized to do so. Except as expressly provided otherwise in this Agreement, the Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form of, the manner of execution of, or the validity, accuracy or authenticity of any writing, notice, certificate, instruction or instrument deposited with it, nor as to the identity, authority or right of any person executing the same. The Escrow Agent shall not be liable for any action taken, suffered or omitted to be taken by it except to the extent that a final adjudication of a court of competent jurisdiction determines that the Escrow Agent's gross negligence or willful misconduct was the primary cause of any such loss to either Party. The Escrow Agent's duties hereunder (including, without limitation, its duties as to the safekeeping, investment and disbursement of moneys in the Equipment Acquisition Fund) shall be limited to those specifically provided herein. Nothing herein shall be construed to impose an obligation on the part of the Escrow Agent to calculate, evaluate, verify or independently determine the accuracy of any amount received or disbursed by it or any certificate, notice or other information received by it.

The Escrow Agent shall be fully justified in failing or refusing to take any action under this Agreement if such action would, in the reasonable opinion of the Escrow Agent, be contrary to applicable law or this Agreement or is not provided for in this Agreement. As to any fact or matter the manner of ascertainment of which is not specifically described herein, the Escrow Agent shall be entitled to receive and may for all purposes hereof conclusively rely on a certificate, signed by an Authorized Representative of the Lessor and the Lessee, as to such fact or matter, and such certificate shall constitute full protection to the Escrow Agent for any action taken or omitted to be taken by it in good faith in reliance thereon.

4.02 Lessee and Lessor jointly and severally shall indemnify, defend and save harmless the Escrow Agent from any and all claims, liabilities, losses, damages, fines, penalties and expenses (including out-of pocket and incidental expenses and fees and expenses of in house or outside counsel) ("Losses") arising out of or in connection with (i) its execution and performance of this

Page 218 of 296 ends
Page 5 of 13 ends

Agreement, except to the extent and that such Losses are determined by a court of competent jurisdiction through a final order to have been caused by the gross negligence or willful misconduct of the Escrow Agent, or (ii) its following any instructions or other directions from Lessee or the Lessor, except to the extent that its following any such instruction or direction is expressly forbidden by the terms hereof. The provisions of this Section 4.02 shall survive the termination of this Agreement and the resignation or removal of the Escrow Agent for any reason. The indemnifications set forth herein are intended to and shall include the indemnification of all affected agents, directors, officers and employees of the Escrow Agent. In no event shall the Escrow Agent be liable for special, incidental, punitive, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.

4.03 Lessee and Lessor hereby grant Escrow Agent a first priority security interest in the money and investments held by the Escrow Agent under this Agreement as collateral security for the Losses, costs and expenses of the foregoing under Section 4.02 and for any other expenses, costs, fees or charges of any character or nature which may be incurred by the Escrow Agent (including reasonable attorneys' fees and court costs) relating to any suit (interpleader or otherwise) or other dispute arising between Lessee and Lessor as to the correct interpretation of the Lease, this Agreement or any instructions given to the Escrow Agent hereunder, with the right of the Escrow Agent, regardless of the instructions aforesaid, to hold the said property until and unless said Losses, expenses, costs, fees and charges shall be fully paid.

4.04 Except as otherwise provided in accordance with Section 2.03 above, if Lessee or Lessor disagree about the interpretation of the Lease or this Agreement, about their rights and obligations under the Lease or this Agreement, or about the propriety of any action contemplated by the Escrow Agent hereunder, then the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. Lessee and Lessor shall pay all costs, including reasonable attorneys' fees, in connection with such action. Unless the Escrow Agent has received a notice of an event of default under the Lease or of a termination of the Lease due to a non-appropriation event or non-renewal event under the Lease in accordance with Section 2.03 above, if Escrow Agent receives conflicting instructions from the Parties, the Escrow Agent shall be entitled and fully protected in (a) suspending all or any part of its activities under this Agreement until it shall be given a joint written direction executed by Authorized Representatives of the Parties which eliminates such conflict or by a final court order or (b) file an action in interpleader. Lessor and Lessee agree to pursue any redress or recourse in connection with any dispute without making the Escrow Agent a party to the same.

4.05 Escrow Agent may execute any of its powers and perform any of its duties hereunder directly or through affiliates or agents.

4.06 The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion or advice of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of facts or errors of judgment, or for any acts or omissions of any kind unless caused by the Escrow Agent's gross negligence or willful misconduct. None of the provisions contained in this Agreement shall require the Escrow Agent to risk, use or advance its own funds or otherwise incur any liability, financial or otherwise, in the performance of any of its duties or the exercise of any of its rights or powers hereunder. In no event shall the Escrow Agent be liable (i) for acting in accordance with, or conclusively relying upon, any certificate, notice, or other document from the Lessor or the Lessee, as applicable, or (ii) for an amount in excess of the value of any cash held by it hereunder.

SECTION 5. CHANGE OF ESCROW AGENT.

5.01 Upon agreement of the parties hereto, a national banking association or a state bank having capital (exclusive of borrowed capital) and surplus of at least $10,000,000.00, qualified as a depository of public funds, may be substituted to act as Escrow Agent under this Agreement. Such substitution shall not be deemed to affect the rights or obligations of the parties hereto. Upon any such substitution, the Escrow Agent agrees to assign to such substitute Escrow Agent all of its rights under this Agreement.

5.02 The Escrow Agent may resign and be discharged from its duties hereunder at any time by giving thirty (30) calendar days' prior written notice of such resignation to the Lessee and Lessor. The Lessee and Lessor may remove the Escrow Agent at any time by giving thirty (30) calendar days' prior written notice to the Escrow Agent. Upon such notice, a successor escrow agent shall be appointed by the Lessor and Lessee, who shall provide written notice of such to the resigning Escrow Agent. Such successor escrow agent shall become the escrow agent hereunder upon the resignation or removal date specified in such notice. If the Lessor and Lessee are unable to agree upon a successor escrow agent within thirty (30) days after such notice, the Escrow Agent may, in its sole discretion, deliver the Equipment Acquisition Fund to the Lessor at the address provided herein or may apply to a court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief. The costs and expenses (including its attorneys' fees and expenses) incurred by the Escrow Agent in connection with such proceeding shall be paid by the Lessee and Lessor. Upon receipt of the identity of the successor escrow agent, the Escrow Agent shall either deliver the funds then held in the Equipment Acquisition Fund hereunder (the “Escrow Property”) to the successor Escrow Agent, less the Escrow Agent's fees, costs and expenses or other obligations owed to the Escrow Agent to be paid from any interest earned in respect of the Escrow Property, or hold any interest earned in respect of the Escrow Property (or any portion thereof), pending distribution, until all such fees, costs and expenses or other obligations are paid. Upon its resignation and delivery of the Escrow Property as set forth in this Section, the

Page 219 of 296 ends
Page 6 of 13 ends

Escrow Agent shall be discharged of and from any and all further obligations arising in connection with the Escrow Property or this Agreement.

5.03 The Escrow Agent may appoint an agent to exercise any of the powers, rights or remedies granted to the Escrow Agent under this Agreement, to hold title to property or to take any other action which may be desirable or necessary hereunder.

5.04 Any corporation, association or other entity into which the Escrow Agent may be converted or merged, or with which it may be consolidated, or to which it may sell or otherwise transfer all or substantially all of its corporate trust assets and business to any corporation, association or other entity resulting from any such conversion, sale, merger consolidation or other transfer to which it is a party, ipso facto, shall be and become successor escrow agent hereunder, vested with all other matters as was its predecessor, without the execution or filing of any instrument or any further act on the part of the parties hereto, notwithstanding anything herein to the contrary.

SECTION 6. ADMINISTRATIVE PROVISIONS.

6.01 The Escrow Agent shall keep complete and accurate records of all money received and disbursed under this Agreement, which shall be available for inspection by Lessee or Lessor, or the agent of either of them, upon reasonable notice, at any time during regular business hours.

6.02 This Agreement shall be construed and governed in accordance with the laws of the State where Lessee is located; with the exception of the services of the Escrow Agent, which shall be construed and governed in accordance with the laws of the State of New York. Each Party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in the State where the Lessee is located. To the extent that in any jurisdiction either Party may now or hereafter be entitled to claim for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, such Party shall not claim, and hereby irrevocably waives, such immunity.

6.03 The Parties represent, warrant and covenant that each document, notice, instruction or request provided by such Party to Escrow Agent shall comply with applicable laws and regulations. Any provision of this Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Agreement.

6.04 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Any entity into which the Escrow Agent may be merged or converted or with which it may be consolidated, or any entity to which all or substantially all the escrow business may be transferred, shall be the Escrow Agent under this Agreement without further act. Specifically, the term "Lessor" as used herein means any person or entity to whom Lessor has assigned its right to receive Rent Payments under the Lease and any other payments due to Lessor hereunder from and after the date when a written notice of such assignment is filed with the Escrow Agent; provided, however, neither this Agreement nor any right or interest hereunder may be assigned by the Lessor or the Lessee without the prior consent of Escrow Agent and the other Party; unless the assignment is to JPMorgan Chase & Co., then consent will not be required.

6.05 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Agreement. Except as expressly provided in Section 4 above, nothing in this Agreement, whether express or implied, shall be construed to give to any person or entity other than Escrow Agent and the Parties any legal or equitable right, remedy, interest or claim under or in respect of the Equipment Acquisition Fund or this Agreement.

6.06 All signatures of the Parties to this Agreement may be transmitted by a Portable Document Format ("PDF"), and PDF will, for all purposes, be deemed to be the original signature of such Party whose signature it reproduces, and will be binding upon such Party.

SECTION 7. SECURITY PROCEDURES.

In the event funds transfer instructions are given (whether in writing or by PDF), executed by the appropriate Party or Parties as evidenced by the signatures of the person or persons signing this Agreement or one of their designated persons as set forth in Schedule 2 (each an "Authorized Representative"), and delivered to the Escrow Agent in accordance with Section 9.02, the undersigned is authorized to certify that the signatories on Schedule 2 are specimen signatures of each of their respective Authorized Representatives.

The Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by the Lessee or Lessor to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. The Escrow Agent may apply any of the escrowed funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary's bank or an intermediary bank designated. The Lessor and Lessee acknowledge that these security procedures are commercially reasonable.

Page 220 of 296 ends
Page 7 of 13 ends

The Lessor and the Lessee acknowledge that the Escrow Agent may also conduct any additional security procedures as may be required in accordance with the Escrow Agent’s internal practices and procedures in effect from time to time.

SECTION 8. ESCROW AGENT FEES.
$1,500 ("Administration Fee"). As compensation for Escrow Agent's services hereunder, Lessee agrees to pay Escrow Agent the above Administration Fee. If the Administration Fee is payable by Lessee, then Lessee authorizes Escrow Agent either to deduct said Administration Fee from the interest and earnings otherwise payable to Lessee under this Agreement or to bill and collect said Administration Fee at any time. In addition, Lessee agrees to reimburse Escrow Agent for its reasonable out-of-pocket costs and expenses and any reasonable extraordinary fees and expenses for performing its obligations hereunder (including, but not limited to, attorney's fees and expenses) and to pay all other amounts expressly due and payable to Escrow Agent hereunder. The Escrow Agent may impose, charge, pass-through and modify fees and/or charges for any account established and services provided by the Escrow Agent, including but not limited to, transactions, maintenance, balance-deficiency, and service fees, agency or trade execution fees, and other charges, including those levied by any governmental authority.

SECTION 9. NOTICES.

9.01 Notwithstanding anything to the contrary as set forth in Section 9.02, any notices and demands under or related to this document shall be in writing and delivered to the intended Party at its address stated herein. Subject to Section 9.02, notice shall be deemed sufficiently given or made (a) upon receipt if delivered by hand, (b) on the Delivery Day after the day of deposit with a nationally recognized courier service, (c) on the third Delivery Day after the day of deposit in the United States mail, sent certified, postage prepaid with return receipt requested, (d) only if to Lessee, on the third Delivery Day after the notice is deposited in the United States mail, postage prepaid, and (e) upon receipt if delivered by facsimile, telecopy, electronic mail (with an attachment in PDF or similar format) and electronic confirmation of error free receipt is received. "Delivery Day" means a day other than a Saturday, a Sunday, or any other day on which national banking associations and banks in the City of New York are authorized to be closed. Any Party may change its address for the purposes of the receipt of notices and demands by giving notice of such change in the manner provided in this provision.

9.02 Any instructions setting forth, claiming, containing, objecting to, or in any way related to the transfer or distribution of funds, including but not limited to any such funds transfer instructions that may otherwise be set forth in a written instruction permitted pursuant to Section 2 of this Agreement, shall be given to the Escrow Agent in writing, be executed by an Authorized Representative and sent as a PDF attached to an email only. No instruction for or related to the transfer or distribution of the Equipment Acquisition Fund shall be deemed delivered and effective unless Escrow Agent actually shall have received it on a Delivery Day as a PDF attached to an email only at the email address set forth in this Section 9.02 and as evidenced by a confirmed transmittal to the Party's or Parties email address and Escrow Agent has been able to satisfy any applicable security procedures as may be required hereunder. The Escrow Agent shall not be liable to any Party or other person for refraining from acting upon any instruction for or related to the transfer or distribution of the Equipment Acquisition Fund if delivered to any other fax number or email address, including but not limited to a valid email address of any employee of the Escrow Agent. The Lessor and Lessee acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and the Parties hereby expressly assume such risks.

Notices shall be addressed as follows:
(i) If to the Lessee:

CITY OF YUBA CITY
1201 CIVIC CENTER BLVD
YUBA CITY, CA 95993
Attn:

Telephone:

Email:
(ii) If to the Lessor:

JPMORGAN CHASE BANK, N.A.
1111 POLARIS PARKWAY, SUITE 1A
MAIL CODE OH1-1085
COLUMBUS, OHIO 43240
Attention: GHHN Operations Manager
Email: [email protected]
(iii) If to the Escrow Agent:

TMI Trust Company
5901 Peachtree Dunwoody Road, Suite C-495

Page 221 of 296 ends
Page 8 of 13 ends

Atlanta, GA 30328
Attention: Lorraine Saunders and Debra Schachel
Email: [email protected] and [email protected]
SECTION 10. FORCE MAJEURE.

Notwithstanding any other provision of this Agreement, no Party to this Agreement is liable to any other Party for losses due to, or if it is unable to perform its obligations under the terms of this Agreement because of acts of God, war, terrorism, fire, floods, strikes, electrical outages, equipment or transmission failures, pandemics, epidemics, or other causes reasonably beyond its control.

SECTION 11. JURY WAIVER.

ALL PARTIES TO THIS AGREEMENT WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR

COUNTER CLAIM BROUGHT BY ANY PARTY AGAINST ANOTHER PARTY ON ANY MATTER WHATSOEVER ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS AGREEMENT.

SECTION 12. MISCELLANEOUS.

12.01 Patriot Act Section 326 Customer Identification Program. In order to comply with the laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions, including, without limitation, those relating to the funding of terrorist activities and money laundering, including Section 326 of the USA PATRIOT Act of the United States ("Applicable Law"), the Escrow Agent is required to obtain, verify, record and update certain information relating to individuals and entities which maintain a business relationship with the Escrow Agent. Accordingly, each of the parties agree to provide to the Escrow Agent, upon their request from time to time such identifying information and documentation as may be available for such party in order to enable the Escrow Agent to comply with Applicable Law.

12.02 Taxpayer Identification Numbers ("TINs"). The other Parties have provided the Escrow Agent with their respective fully executed Internal Revenue Service ("IRS") Form W-8, or W-9 and/or other required documentation. The other Parties each represent that its correct TIN assigned by the IRS, or any other taxing authority, is set forth in the delivered forms.

12.03 Tax Reporting. All interest or other income earned under the Agreement shall be allocated to the Lessee and reported by the Escrow Agent to the IRS, or any other taxing authority, on IRS Form 1099 or 1042S (or other appropriate form) as income earned from the Equipment Acquisition Fund by the Lessee whether or not said income has been distributed during such year.

The Lessor and Lessee hereby represent to the Escrow Agent that no other tax reporting of any kind is required given the underlying transaction giving rise to this Agreement. Escrow Agent shall withhold any taxes it deems appropriate, including but not limited to required withholding, in the absence of proper tax documentation or as required by law, and shall remit such taxes to the appropriate authorities.

12.04 Court Orders. In the event that any of the Equipment Acquisition Fund shall be attached, garnished, levied upon, or otherwise be subject to any court order, or the delivery thereof shall be stayed or enjoined by an order of a court, the Escrow Agent is hereby expressly authorized, in its sole discretion, to obey and comply with all such orders so entered or issued, which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction, and in the event that the Escrow Agent obeys or complies with any such order it shall not be liable to any of the Parties hereto or to any other person by reason of such compliance notwithstanding such order be subsequently reversed, modified, annulled, set aside or vacated. (The next page is the signature page)

Page 222 of 296 ends
Page 9 of 13 ends

ESCROW AGREEMENT

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first referenced above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Name: Name:

Title: Title: Authorized Officer
TMI Trust Company as escrow agent
(Escrow Agent)
By:

Title:

Attachments: Schedule 1 (Investment Authorization)
Schedule 2 (Name/telephone # of call-back person(s) designated by Section 7 above)

Page 223 of 296 ends
Page 10 of 13 ends

Schedule 1
Investment Authorization
Lessee: CITY OF YUBA CITY
Lease No.: 1000149922
Investment: SELECT QUALIFIED INVESTMENT BELOW
[ ] During the term of this Agreement, the Equipment Acquisition Fund shall remain in a Non-Interest Bearing Account.
[ ] During the term of this Agreement, the Equipment Acquisition Fund shall remain in an Interest Bearing Deposit Account, which shall accrue at an annual interest rate of the Effective Federal Funds Rate (“EFFR”), as published by the New York Federal Reserve, minus 375 basis points.
[ ] A money market mutual fund, including without limitation a Money Market Mutual Fund (collectively, "MMMF"), as selected by Lessee below.

Check One (if the money market mutual fund option is selected above):
___ Goldman Sachs Financial Square Government Fund – Service (467) ___ Dreyfus Government Cash Management Fund – Participant (597) ___ BlackRock Liquidity Funds Treasury Fund – Cash Management (34) ___ Goldman Sachs Financial Square Treasury Obligations Fund – Service (470) ___ BlackRock Liquidity Funds Federal Fund – Cash Management (87) ___ Goldman Sachs Financial Square Federal Instruments Fund – Service (4685) Notes related to MMMFs:
1) An investment in any of the above investment options is subject to the availability of such money market mutual fund. If the selected investment is not available at the present time you will be contacted by a TMI Trust Company representative. 2) Lessee confirms that each investment instrument above has a rating not lower than the highest rating category from both Standard & Poor's and Moody's.
3) Lessee acknowledges that the Escrow Agent may receive fees from the invested funds for services rendered separate from the fees for services rendered by Escrow Agent as further provided within this Agreement. MMMFs have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investments of moneys made by it in accordance with Section 3 of the Agreement. 4) The Lessee, hereby acknowledges and confirms that it makes its own investment decisions and has not been offered any advice or recommendation on investing in any MMMF and if selected above, is based upon Lessee's independent review of prospectuses previously delivered to Lessee. The Lessee recognizes and agrees that the Escrow Agent has not and will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Equipment Acquisition Fund account or the purchase, sale, retention or other disposition of any Qualified Investment. 5) Market values, exchange rates and other valuation information (including without limitation, market value, current value or notional value) of any MMMF furnished in any report or statement may be obtained from third party sources and is furnished for the exclusive use of the Lessee and Lessor. Escrow Agent has no responsibility whatsoever to determine the market or other value of any MMMF or other non-cash Qualified Investments and makes no representation or warranty, express or implied, as to the accuracy of any such valuations or that any values necessarily reflect the proceeds that may be received on the sale of an MMMF or such Qualified Investments.
6) SHAREHOLDER SERVICES FEES: Lessee acknowledges that the MMMF is authorized to make payments from its management fee or any other source available to parties such as banks or broker-dealers ("Service Organizations") that provide shareholder support services to the MMMF and that Service Organizations currently are compensated at a rate of up to the Maximum Rate of .50% annually of the average net assets of each MMMF with respect to which they provide or have provided shareholder support services. Lessee further acknowledges that the Escrow Agent is a Service Organization and

Page 224 of 296 ends
Page 11 of 13 ends

may be paid, and hereby consents to such payment, by the MMMF up to the Maximum Rate annually of the average daily balance of the Equipment Acquisition Fund invested in the MMMF for shareholder support services rendered to the MMMF by the Escrow Agent, which services may include, without limitation, answering client's inquiries regarding the Fund, assistance to clients in changing dividend options, account designations and addresses, processing purchase and redemption transactions, providing periodic statements showing a client's account balance and the integration of such statement with other transactions, arranging for wires, and providing such other information and services as the MMMF's distributor or Lessee reasonably may request. Lessee further acknowledges that the MMMF may purchase securities from or through the Escrow Agent or its affiliates, may engage in repurchase transactions with the Escrow Agent or its affiliates, may place funds on deposit in accounts with the Escrow Agent or its affiliates and receive interest income thereon and may obtain other services from the Escrow Agent or its affiliates for which the Escrow Agent or its affiliates may be paid a fee.

This investment authorization and direction will remain in effect until and unless expressly revoked or superseded in writing and shall specify the type and identity of the investments to be purchased and/or sold.

Page 225 of 296 ends
Page 12 of 13 ends

SCHEDULE 2
Telephone Number(s) and Signature(s) for Person(s) Designated to Give Funds Transfer Instructions If from Lessee:

Name Telephone Number Signature

1. 2.

3. Email(s) and Signature(s) for Person(s) Designated to Receive Escrow Statements/Notices Name Email Signature

1. 2.

If from Lessor:

Name Telephone Number Signature

1. Karen L Williams 312-385-7005 (Standing Signature on File)

2. Anastasia L. McClellan 614-213-4876 (Standing Signature on File)

3. Kris Hewitt 614-213-8581 (Standing Signature on File)

4. Meron Gola 614-217-4670 (Standing Signature on File)

5. Lourdes Roman 312-732-6444 (Standing Signature on File)

6. Kerry Stygler 614-213-4400 (Standing Signature on File)

7. Rita Lyle 312-954-3763 (Standing Signature on File)

8. Edgar Lopez 312-954-0046 (Standing Signature on File)

9. James Polpiboon 312-732-3788 (Standing Signature on File) All instructions, including but not limited to funds transfer instructions, whether transmitted by facsimile or set forth in a PDF attached to an email, must include the signature of the Authorized Representative authorizing said funds transfer on behalf of the Party.

Page 226 of 296 ends
Page 13 of 13 ends

SCHEDULE A-1
(Equipment List)
Expected Equipment Purchase Price: $611,203.55
Net Amount Financed: $611,203.55
Equipment Location: Yuba City Fire Station 2
1641 Gray Avenue
Yuba City, CA 95991
Equipment Description: (1) Type III Fire Truck

TOGETHER WITH ALL ATTACHMENTS, ADDITIONS, ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS, REPLACEMENTS AND SUBSTITUTIONS THERETO.

This Schedule A-1 is attached to the Lease Schedule 1000149922 or a Receipt Certificate/Payment Request relating to the Lease Schedule.

Page 227 of 296 ends

151211-V1

Page 1 of 4 ends

ESCROW FUNDING SCHEDULE ADDENDUM

AND ARBITRAGE CERTIFICATE
Dated as of: OCTOBER 13, 2023
Lease Schedule No.: 1000149922
Lessee: CITY OF YUBA CITY
Escrow Agent: TMI TRUST COMPANY
Escrow Agreement dated as of: OCTOBER 13, 2023
Amount To Be Deposited Into Escrow: $611,203.55 ("Lessor's Deposit") Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Schedule ("Master Lease") by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the above lessee ("Lessee"). As used herein, "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule.

This Addendum amends and modifies the terms and conditions of the Lease and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein.

NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Lease, Lessor and Lessee hereby agree to amend the Lease as follows:

1. Lessee and Lessor together with the above Escrow Agent ("Escrow Agent") have entered into the above Escrow Agreement ("Escrow Agreement") establishing a fund ("Equipment Acquisition Fund") from which the Purchase Price of the Equipment will be paid.

2. Lessor shall deposit such amount into escrow as is required by the Escrow Agreement, which amount shall be credited to the Equipment Acquisition Fund. Lessee shall pay the balance of the Purchase Price of the Equipment, either by deposit in escrow to the Equipment Acquisition Fund or by direct payment to the Suppliers of the Equipment.

3. The Lease Term of the Lease shall commence on the earlier of the date specified in the Payment Schedule to the Schedule or the date of Lessor's deposit of funds into the Equipment Acquisition Fund. Notwithstanding the statements regarding delivery and acceptance of the Equipment in the Schedule, the parties acknowledge that the Equipment will be accepted as provided in the Escrow Agreement.

4. The delivery of documents and the satisfaction of any other conditions required by the Escrow Agreement or this Addendum shall be additional Funding Conditions for the Lease.

5. Upon Lessee's execution of the Escrow Agreement, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Escrow Agreement and to perform its obligations under the Escrow Agreement, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body; (b) the Escrow Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; and (c) the Escrow Agreement is authorized under, and the authorization, execution and delivery of the Escrow Agreement complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and public investment laws) and all applicable judgments and court orders.

6. The opinion of Lessee's legal counsel will include statements to the same effect as the representations of Lessee in paragraph 5 above.

7. It shall be an additional event of default under the Lease if Lessee fails to pay or perform any of its obligations under the Escrow Agreement or this Addendum or if any of the representations of Lessee in the Escrow Agreement or this Addendum prove to be false, misleading or erroneous in any material respect.

8. ARBITRAGE CERTIFICATE. The authorized representative of Lessee who executes this Addendum hereby certifies that he/she is the duly qualified and acting representative of Lessee with the title set forth below his/her signature hereon; that Lessee has executed and delivered the Schedule and the Master Lease (collectively, the "Lease"); that Lessee is a political subdivision of the State identified in the Lease; and that in his/her official capacity as such officer he/she is responsible for executing and delivering, on

Page 228 of 296 ends

151211-V1

Page 2 of 4 ends

behalf of the Lessee, the Lease and this Addendum. This paragraph of this Addendum (hereinafter, this paragraph shall be identified as the "Arbitrage Certificate") is being issued by Lessee as a "no arbitrage certificate" pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and Treasury Regulations, Sections 1.148-0 through 1.148.11 (the "Regulations"). Lessee represents and warrants to Lessor that the following facts, estimates and circumstances are in existence on the date of this Arbitrage Certificate or are reasonably expect to occur hereafter. (a) The Lease provides for the lease of the Equipment described in the Lease by Lessor to Lessee. Under the Lease, Lessee is required to make Rent Payments with respect to the Equipment, comprising principal and interest, on the dates and in the amounts stated in the Payment Schedule to the Lease.
(b) Pursuant to the Lease and for the purpose of meeting its obligations thereunder and assuring the Lessee of the availability of monies needed to pay the cost of the Equipment when due, Lessee, Lessor and the Escrow Agent have executed the Escrow Agreement.
(c) Contracts or purchase orders providing for the acquisition and delivery of the Equipment have been issued by Lessee to Equipment Vendors therefor and the Equipment will be acquired and installed with due diligence. Based upon the provisions of the contracts or purchase orders, the Equipment will be acquired and installed no later than eighteen (18) months from the date of the Escrow Agreement ("Funding Expiration Date"). (d) The Escrow Agreement provides that Lessor shall deposit the Lessor's Deposit into escrow to be credited to the Equipment Acquisition Fund created by the Escrow Agreement and utilized to pay for the Equipment as provided therein. It is presently expected that all such funds initially credited to the Equipment Acquisition Fund shall be disbursed to pay for the Equipment, but any such amounts ultimately determined not to be needed for such purposes and the interest earnings on the amounts held in escrow shall be utilized on or after the Funding Expiration Date to pay part of the principal due under the Lease, as provided in the Escrow Agreement.
(e) All of the spendable proceeds of the Lease will be expended on the Equipment and related expenses on or before the Funding Expiration Date.
(f) The original proceeds of the Lease, and interest to be earned thereon, do not exceed the amount necessary for the purpose for which the Lease is issued.
(g) The interest of Lessee in the Equipment has not been and is not expected during the term of the Lease to be sold or disposed of by Lessee.
(h) No sinking fund is expected to be created by Lessee with respect to the Lease and Rental Payments. (i) Lessee represents, warrants and covenants to one of the following statements of this clause (i) as is initialed by Lessee below [and if Lessee fails to initial its selection, then subclause (A) shall be deemed to have been selected by Lessee]:
____________ (A) 100% of the proceeds of the Lease shall be paid for the acquisition of the Equipment within 18 months of the date of the Escrow Agreement in accordance with the following schedule:

No less than 15% within 6 months of the date of the Escrow Agreement; No less than 60% within 12 months of the date of the Escrow Agreement; and No less than 100% within 18 months of the date of the Escrow Agreement. ____________ (B) 100% of the proceeds of the Lease shall be paid for the acquisition of the Equipment within 6 months of the date of the Escrow Agreement.
____________ (C) Lessee qualifies for the "small issuer" exemption in section 148(f)(4)(D) of the Code because all of the following are true: (1) Lessee is a governmental unit with general taxing powers, and (2) the Lease is not a "private activity bond" as defined in Section 141 of the Code, and (3) 95% or more of the proceeds of the Lease shall be used for the governmental activities of Lessee, and (4) the aggregate face amount of all tax exempt bonds and other tax exempt obligations (other than "private activity bonds") issued by Lessee (and any subordinate entities of Lessee as contemplated by Section 148(f) of the Code) during the calendar year in which the Lease is issued is not reasonably expected to exceed $5,000,000.00.
(j) Lessee hereby covenants that Lessee shall comply with all of the requirements of the Code and Regulations relating to the rebate of arbitrage profit to the United States of America (including, without limitation Section 148(f) of the Code) and will rebate to the United States of America all arbitrage profit required thereby.

Page 229 of 296 ends

151211-V1

Page 3 of 4 ends

(k) To the best of the knowledge and belief of the undersigned, the expectations of Lessee, as set forth above, are reasonable; and there are no present facts, estimates and circumstances which would change the foregoing expectations. (l) Lessee has not been notified of the listing or proposed listing of it by the Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon.

9. If there is a partial prepayment of principal pursuant to the terms of either clause (c) of Section 2.04 second of the Escrow Agreement or clause (c) of Section 2.05 second of the Escrow Agreement, then in addition to the payment of the Partial Principal Amount, a Break Funding Charge (as defined below) shall be due and payable if (i) exceeds (ii) where (i) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap including any forward rate swap, if any, which Lessor shall be deemed to have entered into on the earlier of (a) the date the Lease was originally funded or (b) the date a rate lock letter was signed, if any, and (ii) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap which Lessor shall be deemed to have entered into on the date of prepayment (the "Replacement Swap"). The "Break Funding Charge" equals the present value of the difference between (i) and (ii) for each interest period discounted to a net present value as of the date of prepayment using the fixed interest rate of the Replacement Swap. Lessee acknowledges that (i) Lessor might not fund or hedge its fixed-rate loan portfolio or any prepayment thereof on a loan-by-loan basis at all times, and agrees that the Break Funding Charge is a reasonable and appropriate method of calculating liquidated damages for any prepayment irrespective of whether any of the foregoing hedging transactions have in fact occurred or occurred precisely as stated with respect to the Lease and (ii) all calculations and determinations by the Lessor of the Break Funding Charge or of any element thereof, if made in accordance with its then standard procedures for so calculating or determining such amounts, shall be conclusive absent manifest arithmetic error.

10. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Lease remains unchanged and in full force and effect.
(The next page is the signature page)

Page 230 of 296 ends

151211-V1

Page 4 of 4 ends

ESCROW FUNDING SCHEDULE ADDENDUM

AND ARBITRAGE CERTIFICATE

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced above.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Title: Title:Authorized Officer

Page 231 of 296 ends

Escrow Disbursement Instructions June 2020
Requesting Escrow Disbursement
To request an escrow disbursement, the following documents should be emailed to: [email protected] Excel Spreadsheet (required when more than 5 invoices are submitted for payment)  Include Excel spreadsheet listing the following information Vendor Name Invoice # Equip. Desc. VIN/Serial # Invoice Amount Invoice(s)
 Should have a clear description of the equipment including Serial Numbers  Should reflect the total amount of the equipment, along with any progress payment due  The Purchaser shown on the invoice
 Wire Transfer instructions of the vendor
W-9 from the vendor is required for all vendor payments Vehicle Attachment(s)
If the payment is for an Attachment to a Vehicle, the Invoice clearly reflects the VIN # of the vehicle for the attachment.

If reimbursement for previously paid invoices is being requested, also provide Proof of Payment:
 Copy of the Wire Confirmation
 Copy of cancelled check front and back
 Bank Wiring instructions for the account where the funds are to be deposited If the escrow disbursement is for titled vehicles:
 Copy of the Title/MSO front and back or Copy of the Title Application showing:
o Purchaser = Legal Entity name of client as shown on the Lease Financing Documents o Lienholder = JPMorgan Chase Bank, N.A., P>O> Box 6026, Chicago, IL 60680 (LA does not require JPMorgan Chase Bank, N.A. to be listed as lien holder on title applications.)
Completing the Information on the Authorization Form
Indicate if the request being submitted is a Final Request (section 4)  The payee name should reflect who we are disbursing funds to  Multiple invoices can be grouped together for a unique vendor (please include a spreadsheet of each of the invoices to be paid and note “see attached” on the invoice detail line).
 Disbursement requests must be signed by an authorized signer as shown on the Certificate of Incumbency, Resolution or Schedule 2 of the escrow agreement.
 Certain Wire transfers will require a callback performed on a recorded line to verify wiring instructions to us on the payment request form. In order to expedite this process, please provide Loan Contact information on Page 3 of the payment request form.

Insurance certificate is required for all delivered equipment which certificate includes and is not limited to:

1. PHYSICAL DAMAGE
a. Replacement cost coverage for the equipment (physical damage coverage for vehicles) identified on the attached Schedule A-1 and the equipment cost referenced on same.
b. "JPMorgan Chase Bank, N.A., its parent and affiliates, successors or assigns" shall be named as Lender’s Loss Payee.

2. LIABILITY
a. General liability and Auto liability coverage as required must be provided in the amount of $1,000,000.00, or in the State of Texas in the amount of $300,000.00.
b. "JPMorgan Chase Bank, N.A., its parent and affiliates, successors or assigns" shall be named as Additional Insured.

3. Please reference the Insurance Request Letter for further details.

Page 232 of 296 ends

151211-V1

Page 1 of 4 ends

ESCROW RECEIPT CERTIFICATE/PAYMENT REQUEST
Dated: ________________, 20____
Lease Schedule No: 1000149922 dated October 13, 2023
Escrow Agreement Dated: October 13, 2023

1. The undersigned Lessee of the above Lease Schedule and its Master Lease-Purchase Agreement (collectively, the "Lease") hereby acknowledges receipt in good condition of all of the Equipment described on Schedule A-1 to this Receipt Certificate/Payment Request as of the following Acceptance Date and hereby confirms that the Equipment has been installed at the following location:

Acceptance Date: __________________
Equipment Location: See Attached Schedule A-1

2. Lessee agrees that (a) the undersigned Lessor has not selected, manufactured, sold or supplied any of the Equipment, (b) Lessee has selected all of the Equipment and its suppliers, and (c) Lessee has received a copy of, and approved, the purchase orders or purchase contracts for the Equipment.

3. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS RECEIVED, INSPECTED AND APPROVED ALL OF THE EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS OR CONTRACTS AND ALL APPLICABLE SPECIFICATIONS; (c) LESSEE IRREVOCABLY ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE "AS-IS, WHERE-IS" WITH ALL FAULTS; AND (d) LESSEE UNCONDITIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO REVOKE ITS ACCEPTANCE OF THE EQUIPMENT.

4. Lessee and Lessor hereby request that the Escrow Agent identified in the above Escrow Agreement pay from the Equipment Acquisition Fund established under the Escrow Agreement to each party designated below as Payee, the amount stated below in payment of all or part of the Purchase Price (as such term is used in the Escrow Agreement) as stated below. Lessee hereby confirms that said amount is due and payable under a purchase order or contract relating to the Equipment described herein and has not formed the basis of any prior request for payment.

Payee #1:

Name:

Address:

Invoice Number: Date:

Amount: $
WIRE INSTRUCTIONS:

Name of Bank:

ABA No:

Account Number:

Account Name:

Page 233 of 296 ends

151211-V1

Page 2 of 4 ends

Payee #2:

Name:

Address:

Invoice Number: Date:

Amount: $
WIRE INSTRUCTIONS:

Name of Bank:

ABA No:

Account Number:

Account Name:

Payee #3:

Name:

Address:

Invoice Number: Date:

Amount: $
WIRE INSTRUCTIONS:

Name of Bank:

ABA No:

Account Number:

Account Name:

CHECK THIS LINE IF THIS IS THE FINAL REQUEST: __________________________ If this is the FINAL REQUEST Lessee hereby confirms that said Equipment together with all other property covered by Receipt Certificates delivered prior to this Receipt Certificate represents all of the Equipment to be subject to the Lease.

5. If this is a Final Request, then this Receipt Certificate/Payment Request shall constitute a Full Funding Notice and if any funds remain in the Equipment Acquisition Fund established pursuant to the Escrow Agreement (including any remaining amount of the Lessor's Deposit and/or any earnings thereon; collectively referred to as the "Escrow Balance"), then Lessee hereby directs Escrow Agent to pay the Escrow Balance as follows: (a) to Lessee if the Escrow Balance is less than $500.01; and (b) otherwise to Lessor and Lessor is hereby authorized to apply the Escrow Balance as follows: (i) If Escrow Balance is less than interest paid on the Lease during the previous 18 months the Escrow Balance will be reimbursed to the Lessee (ii) if the Escrow Balance is equal to or less than the next Rent Payment due under the Lease, apply the Escrow Balance to said Rent Payment; or (iii) if the Escrow Balance is greater than the next Rent Payment due under the Lease, apply the Escrow Balance as a partial prepayment of principal under the Lease and Lessor is authorized to send a revised Payment Schedule for the Lease that reflects said prepayment.

Page 234 of 296 ends

151211-V1

Page 3 of 4 ends

6. Lessee will confirm wire instructions by telephone (if required by Lessor) by designating an Authorized Contact ("Contact") for Lessee below. This Contact must be someone who has the requisite knowledge to verify the instructions outlined above AND must be someone other than the authorized signer hereto. Lessee should consider designating more than one Contact to avoid funding delays.

CITY OF YUBA CITY JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:

Name: Name:

Title: Title: Authorized Officer
Contact #1:

Name:

Title:

Direct Telephone:

General Telephone:

Contact Signature:

Contact #2:

Name:

Title:

Direct Telephone:

General Telephone:

Contact Signature:

Page 235 of 296 ends

151211-V1

Page 4 of 4 ends

SCHEDULE A-1
Equipment Description
(This Schedule A-1 is attached to a Receipt Certificate/Payment Request relating to the Lease Schedule.) Lease Schedule No: 1000149922 dated October 13, 2023
The Equipment described below includes all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto.

Equipment Location:

Equipment Description:

Page 236 of 296 ends

151211-V1

Page 1 of 2 ends

PROCEEDS DISBURSEMENT AUTHORIZATION
JPMORGAN CHASE BANK, N.A.
1111 Polaris Parkway, Suite A1 (OH1-1085)
Columbus, Ohio 43240
Date: OCTOBER 13, 2023
Re: Disbursements Of Proceeds Under The MASTER LEASE PURCHASE AGREEMENT Referred To Below Reference is made to that certain Master Lease Purchase Agreement dated October 13, 2023 between CITY OF YUBA CITY, ("Lessee") and JPMORGAN CHASE BANK, N.A. (the "Lessor") I hereby instruct you and authorize you to disburse $1,000,000.00 to the account number(s) as specified below:

Payee #1
Wire:

Name of Bank:

ABA No.:

Account Number:

Account Name:

Amount:

Re:

Payee #2
Wire:

Name of Bank:

ABA No.:

Account Number:

Account Name:

Amount:

Re:

By signing below, Lessee authorizes Lessor to issue checks or direct fund transfers to the payees, in the amounts, and per the instructions (if applicable) set forth above. Lessee also acknowledges that it may be responsible for paying other fees directly to third parties, such as Lessor's counsel, and making other disbursements in connection with the lease transaction per the terms of the lease documents. Lessor may rely and act on the instructions set forth herein and shall not be responsible for the use or application of the funds, and Lessee shall indemnify, defend and hold harmless Lessor from and against any and all losses, costs, expenses, fees, claims, damages, liabilities, and causes of action in any way relating to or arising from acting in accordance therewith. In the event of any conflict with any other instruction set forth herein, the ABA # and Account # shall control. ( The next page is the signature page)

Page 237 of 296 ends

151211-V1

Page 2 of 2 ends

PROCEEDS DISBURSEMENT AUTHORIZATION

SIGNATURE PAGE
IN WITNESS WHEREOF, the Lessee has caused this Proceeds Disbursement Authorization to be executed as of the day and year first above written.

CITY OF YUBA CITY
(Lessee)
By:

Title:

Page 238 of 296 ends

ATTACHMENT 5

Page 239 of 296 ends

NAME
Title
Line of business or division
Method of Financing | 1 |
JPMorgan Chase Bank, N.A. | Equipment Finance Group | September 6, 2023 City of Yuba City
2023 Equipment Lease Financing

REBECCA A. LOWE
Executive Director, Equipment Finance
560 Mission St, Floor 20
San Francisco, CA 74105
Office / Cell: 925-212-1065
[email protected]

AMANDA DHILLON
Relationship Manager
1415 L Street, Floor 06
Sacramento, CA 95814-3914
Office: 916-491-3342 / Cell: 916-705-1147
[email protected]

CONTACT US

Page 240 of 296 ends

Rebecca A. Lowe
Executive Director
Commercial Bank
560 Mission St, Floor 20, San Francisco, CA 74105
Office / Cell: (925) 212-1065 | [email protected] JPMorgan Chase Bank, N.A.

September 6, 2023
RE: Yuba City 2023 Equipment Lease Financing
Attn: Craig Hill ([email protected]) and Christian Sprunger ([email protected]) On behalf of the JPMorgan Equipment Finance Group (“EFG”) and JPMorgan Chase Bank, N.A. (the “Bank”), we are pleased to submit our proposal to the City of Yuba City (the “City”) for a tax-exempt, bank qualified, equipment lease financing for two (2) dump trucks & one (1) fire engine in an estimated amount of $1,000,000, subject to the terms and conditions described in the below Financing Proposal.

The City will be supported by our dedicated relationship team via the firm’s Government Banking practice, led by Amanda Dhillon based in Sacramento, CA. In addition, as an equipment finance specialist, I will be the primary point of contact for your equipment financing project. My equipment financing experience goes back over 38 years and includes financing many lease/purchase transactions. We have recently provided similar services to the City of Alameda and Sacramento Metro Fire District for fire apparatus.

Primary Contact During the RFP Process: Secondary Contact During the RFP Process:

Rebecca Lowe – [email protected]
Executive Director / Senior Territory Manager
560 Mission Street Floor 20, San Francisco, CA 94105
Office / Cell: 925-212-1065
Jay McCoy – [email protected]
Associate, Territory Associate - EF
1111 Polaris Parkway Floor 1A, Columbus, OH 43240
Office: 614-213-1943 / Cell: 614-984-9797
By choosing the EFG, with over 30 years of financing experience, you can have confidence that you will be working with a team of experienced and highly qualified professionals who bring a wealth of knowledge and the backing of the largest US bank by market cap to your assistance.

In addition to our experience and proven track record of supporting government agencies across California, we also bring to the table the following:
● A firm with a solid capital base; extensive equipment financing experience, and a partnership approach to building relationships
● No Fees incurred by the City
● Locked Interest Rate upon award and funding date commitment ● No Tax Opinion
In closing, we would like to thank you for the opportunity to present our Proposal. Please let us reiterate our strong interest in supporting the City of Yuba City.

Sincerely,
Rebecca A. Lowe
Rebecca A. Lowe
Executive Director

Page 241 of 296 ends

Table of Contents | i |
Table of Contents
METHOD OF FINANCING ........................................................................................................................................ 1 EXHIBIT A – FORM OF LOAN ATTESTATION LETTER FOR LENDERS ............................................................. 2 BANK BID FORM ...................................................................................................................................................... 3 FINANCING PROPOSAL .......................................................................................................................................... 4 JPMORGAN’S FINANCING TEAM ........................................................................................................................... 7

Page 242 of 296 ends

Method of Financing | 1 |
Method of Financing
Highlighted below in Alternative A & B are two Methods of Financing for the City to consider financing its equipment. Please know that we welcome the opportunity to discuss alternative approaches to ensure that the City is meeting all of its objectives.

Alternative A:

The City will fund the total amount to be borrowed into an escrow account. The follow shall apply:
● The transaction will fund via an escrow deposit, to a mutually agreeable escrow agent, equal to the full Financing Amount. Upon delivery of equipment, disbursements will be made to vendors or as reimbursements to the City (in compliance with Treasury Reg. 1.150-2) as funds are required. ● The City shall benefit 100% from any interest earnings in the account if the City elects an interest-bearing option.
● No escrow fees shall be incurred if the City elects a pre-approved escrow agent. If the City elects a non-preapproved escrow agent, any fees may be financed as a part of the total Financing Amount. ● Interest shall accrue upon escrow closing.

Alternative B:

The City may consider an advance payment to the vendor. In our experience financing many fire apparatus over the years, we have learned that some vendors will provide “advance pay” discounts for the equipment. The follow shall apply:
● EFG will require a Performance Bond whereby JPMorgan Chase Bank, N.A. is added to the Bond Rider as an Additional Obligee.
● Interest shall accrue upon advance funding the vendor. ● Balance of proceeds not advance funded to the vendor shall be deposited into an escrow account.

Page 243 of 296 ends

YUBA CITY 2023 EQUIPMENT LEASE FINANCING AUGUST 23, 2023 Exhibit A
Form of Loan AtteslalUI letter for lenders
JPMorgan Chase Bank. N.A. (•Lender"') has agreed to purchase the debt obligations (the "Debt Obligations") in the amount of $1,.000,.000 which were issued in the original aggregate principal amount of $1,000,000 by the City of Yuba City (the "Borrower").

The undersigned, an authorized representative of the lender, hereby confirms and certifies that:
• The instrument is non-transferable or restricted to transfer to acquirers similar to Lender. • The instrument may be transferred through participation or syndication only. • The transaction is represented by one instrument.
• The transaction is not rated by a credit rating agency. • The transaction is not assigned a CUSIP number.
• Issuer/borrower consent is required on disposition or transfer. • Registration is in physical form, in name of acquirer/holder, not DTC. • There is no agreement facilitating creation of a market for trading, such as a marketing or remarketing agreement or continuing disclosure agreement. • The terms of the loan are negotiated between borrower and lender. • The instrument will be held by the bank, not the securities affiliate of the bank or the separately identifiable department or division of the bank.
• Lender will treat the instrument as a loan, not a security, for accounting and regulatory purposes.

NHA ADVISORS
Financial & Policy Strategies.

Delivered.

JPMorgan Chase Bank, N.A.

By�4�
Name Frank A. Pielsticker
Title Authorized Officer
9/1/2023

Page 244 of 296 ends

YUBA CITY 2023 EQUIPMENT LEASE FINANCING AUGUST 23, 2023 City of Yuba City 2023 Lease Financing
Bank Bid Form
Please provide the specifics of your bid by filling in the table below and providing an authorized signature.

Please submit this page with your signed bid via email by 12:00 pm (PST) on September 6, 2023, to Craig Hill ([email protected]) and Christian Sprunger ([email protected]).

The City has used bond counsel in the past and can bring in a firm to assist with this financing if needed, but the City is also willing to use the legal documents prepared by the selected lender’s legal counsel.

Accordingly, please identify if your firm will be preparing the required documents and if there are any costs associated with preparing those documents.

If additional space is needed besides what is included below, please attach any relevant documents as needed to this bid form upon submission.
2023 Equipment Lease Financing
Indicative Tax-Exempt Interest Rate 3.990%
Is Rate Lock Available? If so, how many days
before closing? Cost of Rate lock? Yes, at no cost (See “Interest Rate” section in Financing Proposal)
Please Indicate Pricing Methodology (i.e. basis for
indicative rate) (See “Interest Rate” and “Adjustment to Rate” section in Financing Proposal)
Bank Financing Costs
(Itemize Bank Counsel fees) None
Will your Bank Counsel be providing the base legal
documents? Yes
Tax Opinion Required?
(Please Identify Conditions for Opinion) No
Will your firm be providing escrow agent services? No, but will provide options Optional Call/Prepayment Provision See “Pre-payment” section in Financing Proposal Additional Terms of Bid (if any) See attached Financing Proposal Any provisions in Loan Attestation Letter (Exhibit
A) problematic for your bank?
No
Name of Firm JPMorgan Chase Bank, N.A.

Authorizing Signature
Authorized Representative Rebecca A. Lowe
Telephone Number (925) 212-1065
Date 9/6/23

Page 245 of 296 ends

City of Yuba City Amortization
Schedule
City of Yuba City - Amortization Schedule
Average rate.....................................................3.990% starting debt ending
Date balance takedowns service interest principal balance 10/31/2023 - 1,000,000.00 - - - 1,000,000.00
3/1/2024 1,000,000.00 - 13,410.83 13,410.83 - 1,000,000.00 9/1/2024 1,000,000.00 - 105,836.00 19,950.00 85,886.00 914,114.00 3/1/2025 914,114.00 - 18,236.57 18,236.57 - 914,114.00
9/1/2025 914,114.00 - 100,924.57 18,236.57 82,688.00 831,426.00 3/1/2026 831,426.00 - 16,586.95 16,586.95 - 831,426.00
9/1/2026 831,426.00 - 103,460.95 16,586.95 86,874.00 744,552.00 3/1/2027 744,552.00 - 14,853.81 14,853.81 - 744,552.00
9/1/2027 744,552.00 - 106,125.81 14,853.81 91,272.00 653,280.00 3/1/2028 653,280.00 - 13,032.94 13,032.94 - 653,280.00
9/1/2028 653,280.00 - 108,924.94 13,032.94 95,892.00 557,388.00 3/1/2029 557,388.00 - 11,119.89 11,119.89 - 557,388.00
9/1/2029 557,388.00 - 111,867.89 11,119.89 100,748.00 456,640.00 3/1/2030 456,640.00 - 9,109.97 9,109.97 - 456,640.00
9/1/2030 456,640.00 - 114,956.97 9,109.97 105,847.00 350,793.00 3/1/2031 350,793.00 - 6,998.32 6,998.32 - 350,793.00
9/1/2031 350,793.00 - 118,204.32 6,998.32 111,206.00 239,587.00 3/1/2032 239,587.00 - 4,779.76 4,779.76 - 239,587.00
9/1/2032 239,587.00 - 121,615.76 4,779.76 116,836.00 122,751.00 3/1/2033 122,751.00 - 2,448.88 2,448.88 - 122,751.00
9/1/2033 122,751.00 - 125,199.88 2,448.88 122,751.00 -
Total 1,227,695.02 227,695.02 1,000,000.00

Page 246 of 296 ends

Financing Proposal | 4 |
Financing Proposal
JPMorgan is pleased to submit the following equipment financing proposal. This document contingent upon the City’s compliance with the requirements of the Internal Revenue Code of 1986 (“Code”), as amended, and all applicable State laws related to the City’s ability to enter into a tax-exempt lease-purchase financing for the intended purposes..

TRANSACTION SUMMARY
Lessee: City of Yuba City, CA
Lessor: JPMorgan Chase Bank, N.A. or any affiliate of JPMorgan Chase Bank, N.A., its successors and/or assigns (“JPMorgan Chase”/“Lessor”/ or “Bank”).

Transaction: Fixed-rate, fully amortizing, tax-exempt lease-purchase agreement (“Agreement”).

Use of Proceeds: To finance two (2) dump trucks & one (1) fire engine, the legal title of which will vest with Lessee during the term of the Agreement. All equipment proposed for financing will be subject to final review and acceptance by Lessor prior to closing.

Financing Amount: Approximately $1,000,000 (including contingency & issuance costs) Bank Qualified: This proposal assumes that Lessee will not issue more than $10 million in tax-exempt obligations this calendar year and that the Lessee will designate this lease as a “qualified” tax-exempt obligation.

Commencement Date: Estimated to be by October 31, 2023, upon either escrow closing or advance payment to vendor.

TRANSACTION DETAILS
Term Ten (10) years
Interest Rate: 3.990% - If awarded transaction on September 8, 2023, Interest Rate shall be held firm through closing upon execution of a Rate Lock Commitment Letter.

Payment / Frequency: Semi-annual interest and annual principal payments in arrears (See amortization schedule attached)
Adjustment to Rate: In the event the financing is not awarded by September 8, 2023 and/or closing does not occur by October 31, 2023, the Interest Rate shall be subject to the index rate formula below based upon the then current applicable average life SOFR Swap Rate (“Index Rate”), which was 4.143% for the 5-Year (as of 9/6/23). The Interest Rate will be the applicable Index Rate multiplied by the Bank’s Tax Exempt Factor of 79% plus a Spread, as outlined below.

For every change (increase or decrease) in the Index Rate, a corresponding adjustment will be made to the Interest Rate to maintain Lessor’s economics.

Lessor reserves the right to adjust the pricing proposed in order to maintain Lessor’s anticipated economic return as a result of material adverse change.

Index Rate Formula: (Index Rate * 79%) + Spread = Fixed Rate 10yr term: 5-Yr SOFR Swap Rate = (4.143% * 79%) + 0.7171% = 3.990% Prepayment: Option 1: Premium – 15 basis points added to the Interest Rate

Page 247 of 296 ends

Financing Proposal | 5 |
The Financing may be prepaid without penalty, prior to maturity, on any payment date after the initial 24 months from the Commencement Date, subject to 30 days prior written notice.

Option 2: No Premium
The Financing may be prepaid without penalty, prior to maturity, on any payment date with standard make-whole provision.

Disbursement of Proceeds: The transactions will be funded via an initial escrow deposit with a mutually agreed upon escrow agent, equal to the full Financing Amount from which disbursements will be made to vendors, or reimbursements to Lessee (in compliance with Treasury Reg.

1.150-2) as funds are required. Review of the terms and conditions of the escrow agreement also will be required.

Security: Lessee to grant Lessor a first priority security interest in the financed equipment.

UCC I and UCCII filings to be completed as applicable. For titled vehicles, Lessor shall be included as lienholder on vehicle title.

Appropriation: This Agreement shall be subject to appropriation. The Agreement will require appropriation for payment for any and all equipment on a lease schedule.

Appropriation for partial payment or for select assets within a schedule will not be permitted.

OTHER TERMS
Documentation: The terms of this financing will be evidenced by agreements, instruments and documents (“Lease Documents”) usual and customary for a Tax-Exempt Lease Purchase.. The Lease Documents must be acceptable to Lessor and its counsel.

Lessor or its counsel shall prepare documentation. Lessee shall be responsible for its own expenses related to review of the lease documents and delivery of opinion of counsel.

Reporting Requirements: Lessee shall deliver audited annual financial statements within 180 days of the as end of each fiscal year.

Conditions Precedent: Usual and customary conditions to issuance of the financing including acceptable legal documentation which will include an opinion of counsel that the financing is valid, binding and enforceable. Additionally, documentation will provide that interest earned by the Lessor in this transaction will be excluded from gross income for federal tax purposes.

Representations and
Warranties:

Usual representations and warranties for like situated Lessees and the Facility’s type and tenor, including, without limitation, absence of material adverse change, absence of material litigation, absence of default or potential default and continued accuracy of representations.

Maintenance & Insurance: All maintenance and insurance are the responsibility of Lessee. Lessee shall bear all risk of loss or damage of the Equipment through the CITY’s self-insurance program.

Waiver of Jury Trial: The Lessee and the Lessor will waive, to the fullest extent permitted by applicable law, any right to have a jury participate in resolving any dispute in any way related to this Financing Proposal, any related documentation or the transactions contemplated hereby or thereby.

Anti-Corruption Laws and
Sanctions:

The documentation shall contain representations and warranties that the Lessee has implemented and maintains in effect policies and procedures designed to ensure compliance by the Lessee, its subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, and the Lessee, its subsidiaries and their respective officers and employees and to the knowledge of the Lessee, its directors and agents, are in compliance with AntiPage 248 of 296 Financing Proposal | 6 |
Corruption Laws and applicable Sanctions in all material respects. None of (a) the Lessee, any subsidiary or any of their respective directors, officers or employees, or (b) to the knowledge of the Lessee, any agent of the Lessee or any subsidiary that will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No Borrowing or credit facility, use of proceeds or other transaction contemplated by this Agreement will violate any Anti-Corruption Law or applicable Sanctions.

Governing Law: All aspects of the credit(s) being discussed including this Financing Proposal and any Lease Documents would be governed by the laws of the State of California.

Confidentiality Statement: J.P. Morgan confirms that it will not use confidential information obtained from you by virtue of the potential transaction contemplated by this Financing Proposal or our other relationships with you in connection with the performance by J.P. Morgan of such services for other companies. You also acknowledge that J.P. Morgan will not use in connection with the potential transaction contemplated by this preliminary Financing Proposal, or furnish to you, confidential information obtained from other companies.

Municipal Advisor Disclosures and Disclaimers: The Lessee acknowledges and agrees that (i) the transaction contemplated herein is an arm’s length commercial transaction between the Lessee and the Bank, (ii) in connection with such transaction, the Bank is acting solely as a principal and not as an advisor including, without limitation, a “Municipal Advisor” as such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended, and the related final rules (the "Municipal Advisor Rules"), agent or a fiduciary of the Lessee, (iii) the Bank is relying on the Bank exemption in the Municipal Advisor Rules, (iv) the Bank has not provided any advice or assumed any advisory or fiduciary responsibility in favor of the Lessee with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (whether or not the Bank, or any affiliate of the Bank, has provided other services or advised, or is currently providing other services or advising the Lessee on other matters), (v) the Bank has financial and other interests that differ from those of the Borrower, and (vi) the Lessee has consulted with its own financial, legal, accounting, tax, and other advisors, as applicable, to the extent it deemed appropriate.

Page 249 of 296 ends

JPMorgan’s Financing Team | 7 |
JPMorgan’s Financing Team
Key Personnel
The following key team members, whom will be assigned to the City’s account, bring together extensive experience in the municipal finance market. We are confident that our hand-picked team members, together with our governmental business segment, are competent and capable of executing your financing successfully.

Additionally, our team has direct experience in supporting lease financing needs of government agencies and municipalities throughout the State of California and look forwarding to building that relationship with the City of Yuba City.

Rebecca Lowe – San Francisco, CA – Co-Manager
Executive Director / Senior Territory Manager
560 Mission St, FL 20, San Francisco, CA 94105
Office/Cell: (925) 212-1065
Email: [email protected]
Rebecca has been a part of the Bank’s government finance team since 2010 with direct responsibility for developing and managing the Bank’s public sector equipment financing business throughout the West Coast and the South. 100% of Rebecca’s time is spent on servicing the financing needs of our government customers. Over a thirty-eight-year career in the municipal finance market, Rebecca has managed several master financing programs including the City of Corpus Christi, City of Los Angeles, County of Riverside, City of New Orleans, Hunt Memorial Healthcare District, City of Pasadena, City of Huntington Beach, University of Washington and County of Los Angeles. A native Oregonian, Rebecca earned her B.A. in Business Administration and Finance from the University of Oregon. Rebecca is a Certified Municipal Financial Professional and will be the lead contact for the City of Yuba City.

Jay McCoy – Columbus, OH – Co-Manager
Associate / Territory Associate
1111 Polaris Pkwy, FL 1A, Columbus, OH 43240
Office: (614) 213-1943 / Cell: (614) 400-1695
Email: [email protected]
Jay is the Territory Associate for Equipment Finance. He is based in Columbus, Ohio. Jay is a critical member of the Government Team at JPMorgan and also, 100% of his day is spent supporting our government customers. Jay specializes in transaction structuring, pricing and processing. Jay has co-managed a multitude of programs, in the State of California and nation-wide. Jay will co-manage the City’s program. He has been associated with the firm and its heritage companies since 1998 and has served in multiple job functions. Jay holds a bachelor’s degree in Accounting from Otterbein University.

Page 250 of 296 ends

JPMorgan’s Financing Team | 8 |
Amanda Dhillon – Sacramento, CA
Relationship Manager
1415 L Street, Floor 06, Sacramento, CA 95814
Office: (916) 491-3342 / Cell: (916)705-1147
Email: [email protected]
Amanda is a Relationship Manager at J.P. Morgan, working exclusively with public sector clients throughout the Pacific Coast region. She has 10 years of experience in the Financial industry, mostly in the Controller’s division of a publicly traded corporation where her responsibilities included optimizing cash flow, overseeing the debt portfolio and managing all facets of banking activities including lending.

Amanda transitioned to the Commercial Bank to support public sector clients throughout Northern California. Her financial and banking experience enabled her to amass a deep and thorough understanding of treasury/credit products, banking operations, fraud prevention and superior customer service. This provided a substantial foundation as she transitioned to Treasury and Lending, supporting government clients and understanding cash management objectives in order to formulate recommendations and solutions.

Skilled and Experienced Service Team
The dedicated EFG Government team has four Documentation Specialists who process all of our equipment lease financings., This involves preparing the documents, paying vendors/escrow agents, confirming authorized signers, transaction approvals (resolutions), UCC filings and insurance coverage, among other duties.

Documentation Specialists:
● Meron Gola – Team Lead – Columbus, OH
● Kerry Stygler – Document Specialist – Columbus, OH
● Lourdes Roman – Document Specialist – Chicago, IL
● Karen Williams – Document Specialist – Chicago, IL
In addition, we have six Portfolio Services Associates, experienced with servicing municipal entities, who can assist the City with any account maintenance after a transaction is booked including questions on payments, invoices, titles, insurance and other related issues. In addition to the above, the EFG team has two dedicated inside legal counsel to help facilitate documents and closings.

Specialized Aircraft / Vehicle Team
Christine Adkins is a Territory Associate-Business Aircraft Finance Specialist for JPM Equipment Finance, specializing in aircraft documentation for the Bank. Christine specializes in working on Aircraft deals with the internal documentation team, JPMorgan Banker, FAA Counsel, clients and their attorneys. She will have lead aircraft responsibilities on any specialized aircraft assets. She has been associated with the Bank and its heritage companies for over 25 year and has served in multiple job functions.

Associate / Territory Associate
1111 Polaris Parkway, Floor 1A, Columbus, Ohio 43240
Phone: (614) 984-9794
Email: [email protected]

Page 251 of 296 ends

JPMorgan’s Financing Team | 9 |
Mike Lucas is an Executive Director and Senior Territory Manager for JPMorgan Equipment Finance team. He is responsible for assisting public sector and tax-exempt clients achieve their equipment financing objectives in the Midwest, Central and Southeastern markets. With 15 years of experience, Mike has spent his career working with the public sector and not-for-profit clients including municipalities, universities, school districts, hospitals and other organizations. He is committed to understanding and anticipating the needs of his clients throughout the transaction process to ensure exceptional service and is directly responsible for this project. Mike obtained a bachelor’s degree in Economics from Harvard University.

Coverage Manager / Equipment Finance
10 S. Dearborn, Floor 36, Chicago, IL 60603
Phone: (312) 732-7333
E-mail: [email protected]
In House Legal Counsel
In additional to a dedicated, Government-focused staff, EFG has the benefit of two (2) full-time in-house legal counsel, also dedicated to tax-exempt municipal financing. Our experienced counsel are available to answer any questions or provide guidance, if needed.
● Corina Davis – Chicago, IL
Corina has supported JPMorgan Equipment Finance as in-house counsel since 2015. She has extensive experience providing financing to both municipal and corporate borrowers. Prior to joining JPMorgan Equipment Finance, Corina spent 7 years representing borrowers and lenders in private practice across a range of debt transactions. She received her law degree from The University of Chicago in 2008. ● Stephanie Disilvestro – Chicago, IL
Stephanie joined the Bank’s Equipment Finance legal team in December, 2022. Prior to her time at the Bank, Stephanie spent more than 11 years serving as municipal bond and underwriter’s counsel in hundreds of public project financings and refinancings related to general obligation and specific revenue pledges, with transaction amounts ranging from under $100,000 to billions of dollars. In particular, Stephanie served as Counsel in Katten Muchin Rosenman LLP’s Government and Public Finance Practice Group where she represented underwriters and conduit issuers in Public-Private Partnership (P3) and conduit taxable and taxexempt public and private offerings. Stephanie also served as Illinois Public Finance Senior Counsel at Chapman and Cutler LLP where she represented banks and governmental issuers in taxable and tax-exempt public and private offerings; provided structuring advice to financial advisors, municipal advisors and investment bankers; performed due diligence with respect to federal tax and state law and facilitated discussions with and between governmental issuers, financial advisors, municipal advisors, investment bankers and tax professionals; and frequently spoke on public finance and regulatory topics. Stephanie earned her B.S. in Education and Social Policy from Northwestern University and her J.D. from the University of Michigan Law School.

Page 252 of 296 ends

ATTACHMENT 6

Page 253 of 296 ends

GOOD FAITH ESTIMATES PROVIDED BY MUNICIPAL ADVISOR
The good faith estimates set forth herein are provided with respect to the 2023 Lease Schedule in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor.

Principal Amount. The Municipal Advisor has informed the City that, based on the City’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the 2023 Lease Schedule to be sold is $1,000,000.00 (the “Estimated Principal Amount”).

True Interest Cost of the 2023 Lease Schedule. The Municipal Advisor has informed the City that, assuming the Estimated Principal Amount of the 2023 Lease Schedule is sold and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the true interest cost of the 2023 Lease Schedule, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the 2023 Lease Schedule, is 3.99%.

Finance Charge of the 2023 Lease Schedule. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2023 Lease Schedule is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the finance charge for the 2023 Lease Schedule, which means the sum of all fees and charges paid to third parties (or costs associated with the 2023 Lease Schedule), is $20,000.

Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2023 Lease Schedule is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the amount of proceeds expected to be received by the City for sale of the 2023 Lease Schedule, less the finance charge of the 2023 Lease Schedule, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the 2023 Lease Schedule, is $980,000.

Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2023 Lease Schedule is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the 2023 Lease Schedule, plus the finance charge for the 2023 Lease Schedule, as described above, not paid with the proceeds of the 2023 Lease Schedule, calculated to the final maturity of the 2023 Lease Schedule, is $1,227,563, which excludes any reserves or capitalized interest paid or funded with proceeds of the 2023 Lease Schedule (which may offset such total payment amount).

The foregoing estimates constitute good faith estimates only as of September 20, 2023, and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the 2023 Lease Schedule issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual closing date of the 2023 Lease Schedule being different than the date assumed for purposes of such estimates, (b) the actual principal amount of 2023 Lease Schedule sold being different from the

Page 254 of 296 ends

Estimated Principal Amount, (c) the actual amortization of the 2023 Lease Schedule being different than the amortization assumed for purposes of such estimates, (d) other market conditions, or (e) alterations in the City’s financing plan, or a combination of such factors.

Page 255 of 296 ends

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Boat, Trailer, RV Parking in Front Yard Areas
Recommendation: A. Provide any additional feedback to staff and; B. Initiate a Municipal Code amendment to revise the standards associated with the parking of boats, trailers, and recreational vehicles within residential front yard areas
Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:

Consideration to initiate an amendment to the Municipal Code revising the standards regulating the parking of boats, trailers, and recreational vehicles (RVs) within residential front yard areas.

Council’s Strategic Goal:

This item is consistent with the Council’s Public Safety Strategic Goal because establishing the proposed standards will not jeopardize public safety in the community.

This item could also be considered consistent with the Council’s Fiscal Responsibility Strategic Goal.

Establishing clear standards for citizens and code enforcement regarding the parking of boats, trailers and RVs will make code enforcement more efficient, effective and assist in operating the City in a more fiscally responsible and responsive manner.

Background:

The parking of boats, trailers and RVs within front yard areas is not uncommon to see within the City limits.

Currently, the Municipal Code requires these items to be parked behind the front wall of the residence or, in the case of a corner lot, behind the wall of the residence facing each street right-of-way.

Screening to a height of 6-feet from view of the public right-of-way is required. An exception provided is that recreational vehicles used as daily transportation may be parked overnight on recognized parking areas.

Page 256 of 296 ends

“Where” to allow parking for these items can be controversial as there are citizens passionate about this issue.

The parking of these items was discussed at City Council workshops on January 26 and September 7, 2023. Staff has prepared draft Municipal Code revisions to generally allow the parking of a single boat, trailer or RV within front yard areas when in compliance with specific standards.

Analysis:

Attached to this staff report are proposed revisions to be made to the Zoning Code portion of the Municipal Code that include:
• Establish definitions for Recreational Vehicle and Utility Trailer. • Establish standards providing for the parking of a single boat, trailer, or RV within a front yard area in conformance with specific criteria. Additionally, there is a provision to park a second item on lots larger than 0.5 acre.
• If a property owner is unable to comply with the proposed criteria, they must comply with the City’s existing standards of parking an item behind the front wall of a residence and providing screening to a height of 6-feet from view of the public right-of-way. • Citizens having two items would be allowed to park one in the front yard consistent with the standards proposed, and a second item behind the front wall of a residence and providing screening to a height of 6-feet from view of the public right-of-way, as they can today.

Providing an opportunity to allow for the parking of boats, trailers, and RVs within residential front yard areas, when compliant with specific criteria that does not compromise public safety, could result in code enforcement being more effective because they will spend less time on this issue.

Should the City Council determine to initiate this amendment, staff will prepare a draft ordinance for consideration by the Planning Commission at a noticed public hearing before being brought back to the City Council where the ordinance is required to be introduced at one meeting and adopted at a second meeting. There will be multiple opportunities for the public to provide input and staff intends to provide notice to persons on both sides of this issue by contacting those persons who may have filed code enforcement complaints as well as property owners who may be in violation of the current ordinance.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to revise the standards regulating the parking of boats, trailers, and RVs. Existing budgeted monies are paying for staff’s time to address this item.

Alternatives:

The City Council may decide not to amend the standards regulating the parking of boats, trailers, and RVs or may provide alternative guidance to staff concerning this issue.

Recommendations:

Initiate a Municipal Code amendment to revise the standards associated with the parking of boats, trailers, and recreational vehicles within residential front yard areas.

Attachments:

Page 257 of 296 ends

1. Proposed Municipal Code Revisions - Boat, Trailer, Recreational Vehicle Standards Prepared By: Submitted By:

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

Page 258 of 296 ends

ATTACHMENT 1

Page 259 of 296 ends

Proposed Municipal Code Revisions - Boat, Trailer, Recreational Vehicle Parking Standards
Definitions
Recreational Vehicle (RV). A motor home, converted bus, travel trailer, truck camper or camping trailer, designed for temporary human habitation for recreation or emergency occupancy, which, when transported upon a public roadway, measures 8 feet or less in width and 40 feet or less in length and which is either self-propelled, truck-mounted or permanently towable on the highway without a permit. Shall not include utility trailers.

Utility Trailer. A trailer used for the transportation of the user’s personal property, commerce, or designed to be used for transportation of livestock, and does not exceed a gross weight of 10,000 pounds or a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds.

Standards
Recreational Vehicle, utility trailer and boat parking. A single trailered boat, jet skis, recreational vehicle or utility trailer may be parked in the front yard when in conformance with the following minimum standards:
a. Parking areas shall be developed to a similar standard as the existing established driveway (i.e. concrete, asphalt concrete, pavers, or gravel). Strip driveways utilizing concrete, asphalt or pavers may be installed under each wheel from the edge of right-ofway to a designated parking area. b. Parking areas shall connect with the public right-of-way consistent with City standards under approval of an encroachment permit, if applicable. c. New parking areas shall not result in stormwater runoff onto neighboring properties. d. Parking areas shall not be located in front of an existing home’s living area and shall occur in front of an existing garage or front side yard area. Parking area shall be approximately perpendicular to the existing street and shall not be angled. e. A parked recreational vehicle, utility trailer or boat shall be setback a minimum of twelve (12) inches from the back of side walk or edge of the public right-of-way and shall not be artificially raised or angled in order to meet this requirement. f. A parked recreational vehicle, utility trailer or boat shall not exceed twelve (12) feet in height.
g. Utility connections (electricity, water, wastewater) shall be temporary for servicing only (up to 7-days).
h. Covers shall be fitted and in good order and untorn, i.e. no tarps. i. Parking areas shall be kept free of accumulation of leaves, cobwebs or miscellaneous debris.
j. Parking areas shall not create a site distance hazard to neighboring property owners.

Page 260 of 296 ends

k. Parking areas shall be maintained so as not to create a public nuisance as defined by the Municipal code.
l. On lots greater than 0.3-acre, alternative parking locations and surfacing may be considered by the Director.
m. On lots greater than 0.5 acre, a second recreational vehicle, utility trailer or boat may be stored within a front yard area and alternative parking locations and surfacing may be considered by the Director.

A recreational vehicle, utility trailer or boat that cannot comply with the requirements outlined above, may only be parked on the portion of a lot behind the front fence of a residence or, in the case of a corner lot, behind the wall of the residence facing each street or right-of-way. The trailered boat or recreational vehicle shall be screened to a height of six (6) feet from view from any public right-of-way. A recreational vehicle used as daily transportation may be parked overnight on recognized parking areas.

Page 261 of 296 ends

Agenda Item 18

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Consideration of 1111 Gray Ave Public Convenience or Necessity Request Recommendation: Adopt a Resolution making a finding of public convenience or necessity for the premise-to-premise transfer of a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License at 1111 Gray Avenue
Fiscal Impact: No direct fiscal impact will result from recommending approval of the proposed Alcoholic Beverage Control application.

Purpose:

Consideration to make a finding of public convenience or necessity for premise-to-premise transfer of a Type 21 (Off-Sale General) Alcoholic Beverage Control License at 1111 Gray Avenue (Ainsley Avenue Market).

Council’s Strategic Goal:

Business Friendly.

Background:

The City has received an application from Hanish Bassi, for 1111 Gray Avenue, located at the southeast corner of Ainsley and Gray Avenues, for a finding of public convenience for a premise-topremise transfer of a Type 21 (Off-Sale General) license with the Department of Alcoholic Beverage Control, which provides for the sale of beer, wine and distilled spirits for consumption off the premises where sold. The applicant states that they have an agreement to purchase the Type 21 liquor license from a license holder (Bent Prop Liquor and Deli) previously located at 724 Colusa Avenue. The applicant proposes to open a new store, Ainsley Avenue Market, and make interior and exterior improvements to the currently vacant building.

When ABC receives an application for a location where a high concentration of licenses exists within an existing census tract, and/or a crime rate exceeding 20% of the average, the local government is required to approve an application before ABC takes final action. In this instance, 1111 Gray Avenue (Ainsley Avenue Market’s) application states the average number of offenses per police beat in Yuba City is 1,157. This location is in police beat three, which has a total number of 1,586 offenses, exceeding 120% of the average number of offenses.

Page 262 of 296 ends

Analysis:

Ainsley Avenue Market proposes to be open until 11pm, daily. The ABC and State Business and Professions Code, Section 23958, states the governing body must determine that the approval of this license would provide public convenience or necessity, in order for the license application to be approved by ABC in this location due to the total number of offenses in the reporting district exceeding 120% of the average number of offenses.

The Police Department has reviewed the application and after receiving additional information about the proposed market business, does not oppose the proposed license transfer.

The City has not adopted processing procedures for ABC requests. Traditionally, staff has circulated applications to the Police Department and brought them forward for Council consideration. Should the Council desire to adopt processing procedures for ABC licensing requests, direction should be provided to staff to do so.

Mailed notice was provided to all property owners within 300 feet of the boundaries of this site.

Fiscal Impact:

No direct fiscal impact will result from making a finding of public convenience and necessity for the premise-to-premise transfer of a Type 21 (Off-Sale General) Alcoholic Beverage Control License at 1111 Gray Avenue in Yuba City (Ainsley Avenue Market).

Alternatives:

Do not make a finding of public convenience and necessity for the premise-to-premise transfer of a Type 21 (Off-Sale General) Alcoholic Beverage Control License at 1111 Gray Avenue in Yuba City (Ainsley Avenue Market).

Recommendations:

Adopt a Resolution making a finding of public convenience and necessity for the premise-to-premise transfer of a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License from 724 Colusa Avenue to 1111 Gray Avenue in Yuba City (Proposed Ainsley Avenue Market).

Attachments:

1. Proposed Resolution Finding of Convenience and Necessity 1111 Gray Ave

2. Department of Alcoholic Beverage Control Application

3. Applicant Letter

4. Parking Study

5. Tenant Improvement Elevations and Site Plan
Prepared By: Submitted By:

Aaron Brown
Assistant Planner
Diana Langley
City Manager

Page 263 of 296 ends

ATTACHMENT 1

Page 264 of 296 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE AT 1111 GRAY AVENUE,

YUBA CITY (AINSLEY AVENUE MARKET)
WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter the “ABC”) is charged with the responsibility of reviewing applications and issuance of licenses for the sale and/or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the ABC shall issue a license if the applicant shows that “public convenience or necessity” would be served by the issuance of such license; and
WHEREAS, the City of Yuba City has received an application for a Public Convenience and Necessity determination that was filed by Hanish Bassi, the (“Applicant”) who is the owner of Ainsley Avenue Market located at 1111 Gray Avenue, in Yuba City, requesting a letter of Public Convenience and Necessity to allow a Type 21 (Off-Sale General) License in a census tract that has surpassed the number of allotted licenses and is located in Police Beat 3 which has a higherthan-average crime rate; and WHEREAS, said Section 23958.4 further provides that the determination of “public convenience or necessity” shall be made by the local governing body of the area in which the applicant’s premises are located with regard to certain applications, including on-site sales of alcohol at Ainsley Avenue Market; and
WHEREAS, the City Council has considered this matter, and desires to find that the public convenience and necessity would be served by granting an additional Type 21 (Off-Sale General) License for the location at 1111 Gray Avenue, in Yuba City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:

1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.

2. The City Council finds that this matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it is merely a determination whether the public convenience and necessity would be served by the issuance of a Type 21 (Off-Sale General) License for the location at 1111 Gray Avenue (Ainsley Avenue Market). It does

Page 265 of 296 ends

not have a potential for resulting in a reasonably foreseeable physical change to the existing environment.

3. The City Council finds and determines the public convenience and necessity is met in the present circumstances for reasons including the following:
a. The alcohol sales associated with the issuance of a Type 21 (Off-Sale General) license at 1111 Gray Avenue to allow for the continued off-site consumption of beer, wine and distilled spirits will have limited hours until 11pm every day of the week. b. The request for a premise to premise transfer of an existing Type 21 (Off-Sale General) license to allow alcohol sales for off-premise consumption in conjunction with this establishment will not adversely affect the surrounding land uses and the growth and development of the area because this use is compatible with the nearby developments.
c. The determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Yuba City.

4. This resolution shall take effect immediately.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:

Shannon L. Chaffin, City Attorney

Page 266 of 296 ends

ATTACHMENT 2

Page 267 of 296 ends
Page 268 of 296 ends
Page 269 of 296 ends

ATTACHMENT 3

Page 270 of 296 ends

Rattan Bassi
Ainsley Ave Market
1111 Gray Ave
Yuba City, CA 95991
Honorable City Council
1201 Civic Center Boulevard,
Yuba City, CA 95991
Dear Council members,
I am writing to ask for your support in completing a Public Convenience and Necessity Evaluation that is being required of our business by the California Alcoholic Beverage Control Department (ABC). We are a local small business owner located here in Yuba City. As we were looking to grow our business in Yuba City, we identified neighborhoods in Yuba City that did not currently have a neighborhood corner store. During this process we found that the recently closed dry cleaning building located at the 1111 Gray Ave was for sale. Before purchasing the property, we confirmed with City staff that 1111 Gray Ave was appropriately zoned for a neighborhood corner store.

Once we purchased the property, we entered into an agreement to purchase a liquor license from the former Bent Prop Liquor & Deli, located at 724 Colusa Ave. Although the Bent Prop is less than 1600 linear feet away from our new store (Ainsley Avenue Market), that we hope to open in 2023, Alcohol Beverage & Control (ABC) requires as part of the transfer for the City to consider a Public Convenience and Necessity (PCN) determination.

We have spoken to City staff over the past couple of years regarding this project and we appreciate their assistance and professionalism in assisting us and understanding the need for City Council to consider our request. Please consider the following benefit to the City and neighborhood as part of your deliberation:

1. Locally owned and operated store

2. This is not a new liquor license but rather just a transfer of a license from one closed store to a new store serving a neighborhood

3. We only employee local residents, providing much needed employment to many members of the community.

4. Our project will generate new sales tax and property tax to the City.

5. Currently the building is vacant and has not been improved in my years.

6. Once our PCN is approved we will begin the construction process to make improvements to both the inside and outside of the building.

7. Provides a true neighborhood market for the surrounding neighborhood (Attached is a partial list of items that will be sold in our store)

Page 271 of 296 ends

Based upon our original letter submitted to the City. City staff requested that we provide additional information on four areas which is included below.

1. Trash Enclosure
The operations of this business can be serviced by Recology’s 96 gallon bins. This will include four blue recycling bins and two gray garbage bins that will be located on the east side of the building behind a 6ft high privacy fence. The fence is located perpendicular from the north east corner of the existing building to the good neighbor fence on the east property line.

The garbage bins will be screened from public view at all times when stored. The bins will be placed along Ainsley, on the north east side of the property, weekly, on our regular trash collection day. The bins will be removed from the street and placed back behind the 6ft high privacy fence within an hour of them being serviced by Recology. The exact location of the bins can be seen on the site layout below and attached.

Parking
Currently the site is developed with six existing parking stalls, five of which are compact stalls.

Since the site is developed, we have limited space for new parking stalls. As part of our proposals we will maintain the three existing compact stalls located on the northeast side of property and we will add one van accessible, ADA compliant stall in front of the building.

Access of these stall will be from Ainsley Ave. We are proposing to replace the existing three compact stalls located on the southwest side of the project by provide four full size parking Drawn by:

Rich Neves
Scale:

DateRichard Neves Construction Drafting Services
P.O. Box 729Oregon House, Ca. 95962Phone: 530-701-1341Email: [email protected] Pete Bassi
Site & Floor Plan
7/19/2023
1/4"=1'-0"
STRUCTURAL DESIGN:

Ross P. Shoaf - Civil Engineer
6970 Marysville Rd.

Browns Valley, CA 95918
530-749-0142
T-24 Energy Calculations
5 Star Energy
2807 Bechelli Lane
Redding, CA 96002
530-441-2722

 



5'
PL 47.72'
PL 85.00'
PL 100.00'
PL 62.31
8' 8'

PARKING SPACE SIGNAGE

1. Handicapped symbol 36" x 36" in white on blue background shall be visible when vehicle is parked.

2. Stall outlines in blue with handicapped symbol in white located anywhere in the stall place.

3. Stall space in blue with handicapped symbol in white located EXTERIOR ROUTES OF TRAVEL:

From handicap parking spaces, provide most practical direct accessible route of travel to all building entrances and exterior ground level exits by incorporating pedestrian ramps, walks, and sidewalks. Any path of travel will be considered a ramp if its slope is greater than 1:20 - 1 9'
9'
3 2
3-0
Walkway
6'
4'-4"
A001

GRAPHIC SCALE
4' Scale: 1/4" = 1'
2' 4' 6' 8'
Pete Bassi1111 Gray AvenueYuba City, CA. 95991Phone: 530-701-0469 A.P.N. 51-113-009
Email: [email protected] Email: [email protected] Site Plan Notes
Key Description
1 (5 percent) of horizontal run.
2 WALKS AND SIDEWALKS REQUIREMENTS:
¾ Width = 48"
¾ Slope = 1 in 20 max.
¾ Change in level = Max 1/2", 1/4" - 1/2" beveled (1:2) 1 vertical ¾ Cross slope = Max 1/4" per foot
¾ Level areas at doors and gates = 60" x 60" swing side and 48" wide x 44" deep on push side
¾ Swing side strike edge clearance = 24"
¾ Hand rail not required
to 2 horizontal
3 anywhere in the stall space.
#22-753


3'-9"
34'-1"
8'-2"
7'-10"
2'-8"
4'
2'-8"
4'
1'-4"
28'
70'
4'
4'-4" 4'
7'-10"
18'-9"
Cooler Units
Shelving
Shelving
Shelving
Storage Room
Restroom
Electrical panel
Aisle
Aisle
Glass doors for
product access
Aisle
Aisle
w/ cash register
3-0
3-0
2-8
8" block exterior walls
Walkway roof overhang
Storefront glass units
16'
9'
4'-8"
2'
6'-4"
5'
& fill opening with
3-0 Door
& fill opening to match
Remove 3-0 Door
4-0 Automatic Door
concrete block
Concrete
32" high counter
Remove existing 3-0 Door
(E)
(New)
3'-9" Typical Insulated Panels
45"W x 4"D x 96"H
Cooler Unit Access
for product stocking
existing storefront units
(E) (E) (E)
(New)
(New)
(E) 3 1/2" x 16" glulam beams
5'
non- fusible disconnect
service outlet

GFCI/ WP
New sloped concrete
ramp to (E) walkway
WH
(E)
Typical Wheel Stop
Install New
Monument Style Sign
NO
PARKING Slope = 1 in 20 max.

Sidewalk
Sidewalk
Wheel Stop

PARKING
Existing
1960 sq. ft.

Building
EXIT
Right Turn Only
EXIT
Right Turn Only
18' 27' 18'
Compact Car
(Existing)
Compact Car
(Existing)
Compact Car
(Existing)
16'

PARKING
18'
3'
9'
5'
29' 26'
70 sq. inch Accessibility sign
per CBC Sec. 1129B.4
Remove Existing
Sign & Pole
Visually Shielded chain link Standard Trash Containers fence & gate 6" high - 8" wide - 48" long
fastened to the pavement
12" 24"

Page 272 of 296 ends

stalls, along the west side of the building. These stalles will be accessed from Gray Avenue. A site layout for the parking is noted above and attached.

Vagrancy
Yuba City has seen a significant increases in homelessness and vagrancy. We purchased the building in 2020 and it was a vacant building, attracting a number of vagrants and loiterers.

Since purchasing the building we have actively secured the property to ensure it is clean and to ensure that no loitering is allowed on the property. We also proactively signed the necessary paperwork with YCPD to allow them to site trespassers on our property, although to our knowledge that has not been needed to date.

Once we open our neighborhood market, we will have a four-prong approach to dealing with vagrancy related issues.

Staff Training – Our first line of defense is providing regularly training staff to ensure our customers are not allowed to loiter or use products purchased at the store on or around the property.

Video Cameras – Video cameras will be installed both on the interior and exterior of the building
Private Security – We will contract with a local private security business to provide regular security of the property. If we do have an issue with vagrancy, we will first call the private security firm to assist with any issues.

Local Law Enforcement – If an emergency arises that our employees or private security are unable to handle, we will call Yuba City police department to assist.

Hours of Operations
It is our desire to be open from 7 a.m. to 11 p.m.

We are committed to taking all feasible steps to address any concerns that the City or residents might have about our proposed store and will ensure all local and state codes are strictly followed. We know and understand that we must be good neighbors and already actively maintain our facility and we will ensure a safe place of business for both our customers and surrounding neighbors.

We are very excited for this opportunity to grow our business in Yuba City and hope you will support our PCN. If you or staff have any questions or concern about our application, please let us know so that we can resolve them and open our store in a timely manner.

Puneet Bassi
Hanish Bassi
Rattan Bassi

Page 273 of 296 ends

Partial Store Inventory
• Non-Alcoholic Beverages, soda, juice, energy drinks, water bottled water, coffee, drink mixes • Ice cream and dairy products, milk, yogurt, and cheese. • Toiletries, shampoo, toothpaste, tissue, diapers.
• Beer and wine
• Tobacco products cigarettes, chewing tobacco, cigarillos • BBQ Supplies harcoal and charcoal fluid.
• Canned Food
• Assorted Home supplies – Sugar, Salt, baking soda, ketchup, ranch, hot sauce, mustard, mayo, disposable cups and plates, forks, vegetable oil, popcorn, cup of noodles, jello, cake mix. Lysol, Windex, matches, hand soap, dishwashing soap, trash bags, paper towels, toothpaste and mouthwash. • Variety of Snack & Packaged -- including cracker jack, pop corn, sunflower seeds, beef jerkey, etc. We hope to include locally produced products like jams, baked goods, etc. • Over the counter medications/health and beauty, including but not limited to Advil, Tylenol, Tylenol, Excedrin, Aspirin 81mg, Benadryl, Pepto, Tampax, clear eyes, vising, Chap Sticks, deodorants, soap, etc., • Automotive Supplies – Oil, brake fluid etc.
• Pet Supplies
• Fresh Fruit & Vegetables
• Beer, Wine, Spirits & Hard Alcohol
• Lottery Tickets

Page 274 of 296 ends

ATTACHMENT 4

Page 275 of 296 ends
Page 276 of 296 ends

ATTACHMENT 5

Page 277 of 296 ends

Drawn by: Rich Neves Date Scale:1/4"=1'-0" Elevations
Richard Neves Construction
Drafting Services
P.O. Box 729
Oregon House, Ca. 95962
Phone: 530-701-1341
Email: [email protected] West Side - Front Elevation Scale: 1/4" = 1'-0" South Side - Right Elevation North Side - Left Elevation Scale: 1/4" = 1'-0" Scale: 1/4" = 1'-0" East Side - Rear Elevation 10/20/2022 Finished Grade Finished Grade Finished Grade Finished Grade STRUCTURAL DESIGN:

Ross P. Shoaf - Civil Engineer
6970 Marysville Rd.

Browns Valley, CA 95918
530-749-0142 A003 Pete Bassi TI
Pete Bassi
1111 Gray Avenue
Yuba City, CA. 95991
Phone: 530-701-0469
A.P.N. 51-113-009
Email: [email protected] 9'-2" Scale: 1/4" = 1'-0" & fill opening to match Remove 3-0 Door existing storefront units & fill opening with concrete block Remove existing 3-0 Door Fabric Awning Metal Sun Screens 4-0 Automatic Door Storefront glass units GRAPHIC SCALE 4' Scale: 1/4" = 1' 2' 4' 6' 8' ELECTRICAL: Jose Rosales: Rosales Electric COOLER DESIGN: Atlantic HVAC INC. (Ken) Phone: 530-933-9354 Email: [email protected] 9320 Trebbiano Cir. Elk Grove, CA 95624 Phone: 916-743-7096 Email: [email protected] 8" block exterior wall HVAC Unit Existing HVAC Unit Existing 12'-2" (E) fence property line (E) fence property line Fabric Awning Fabric Awning T-24 Energy Calculations
5 Star Energy
2807 Bechelli Lane
Redding, CA 96002
530-441-2722
Email: [email protected] #22-753 1925 Crystal Creek Lane Yuba City, CA 95991 Ross P. Shoaf exp 6/2023 New sloped concrete ramp to (E) walkway 8" block exterior wall 8" block exterior wall New sloped concrete ramp to (E) walkway New sloped concrete ramp to (E) walkway

Page 278 of 296 ends

Drawn by: Rich Neves Scale: DateRichard Neves Construction Drafting Services
P.O. Box 729
Oregon House, Ca. 95962
Phone: 530-701-1341
Email: [email protected]
Pete Bassi
Site & Floor Plan 7/19/2023 1/4"=1'-0"
STRUCTURAL DESIGN:

Ross P. Shoaf - Civil Engineer
6970 Marysville Rd.

Browns Valley, CA 95918
530-749-0142
T-24 Energy Calculations
5 Star Energy
2807 Bechelli Lane
Redding, CA 96002
530-441-2722
Ainsley Ave. Gray Avenue
N
E
S
W 5'
PL 47.72' PL 85.00' PL 100.00'
PL 62.31 8' 8' PARKING SPACE SIGNAGE 1. Handicapped symbol 36" x 36" in white on blue background shall be visible when vehicle is parked. 2. Stall outlines in blue with handicapped symbol in white located anywhere in the stall place. 3. Stall space in blue with handicapped symbol in white located EXTERIOR ROUTES OF TRAVEL: From handicap parking spaces, provide most practical direct accessible route of travel to all building entrances and exterior ground level exits by incorporating pedestrian ramps, walks, and sidewalks. Any path of travel will be considered a ramp if its slope is greater than 1:20 - 1 9' 9' 3 2 3-0 Walkway 6' 4'-4" A001 GRAPHIC SCALE 4' Scale: 1/4" = 1' 2' 4' 6' 8' Pete Bassi
1111 Gray Avenue
Yuba City, CA. 95991
Phone: 530-701-0469
A.P.N. 51-113-009
Email: [email protected] Email: [email protected] Site Plan Notes Key Description 1 (5 percent) of horizontal run.2 WALKS AND SIDEWALKS REQUIREMENTS: ¾ Width = 48" ¾ Slope = 1 in 20 max. ¾ Change in level = Max 1/2", 1/4" - 1/2" beveled (1:2) 1 vertical ¾ Cross slope = Max 1/4" per foot ¾ Level areas at doors and gates = 60" x 60" swing side and 48" wide x 44" deep on push side ¾ Swing side strike edge clearance = 24" ¾ Hand rail not required to 2 horizontal3 anywhere in the stall space. #22-753 Ross P. Shoaf exp 6/2025 3'-9" 34'-1" 8'-2" 7'-10" 2'-8" 4' 2'-8" 4' 1'-4" 28' 70' 4' 4'-4" 4' 7'-10" 18'-9" Cooler Units Shelving Shelving Shelving Storage Room Restroom Electrical panel Aisle Aisle Glass doors for product access Aisle Aisle w/ cash register 3-0 3-0 2-8 8" block exterior walls Walkway roof overhang Storefront glass units 16' 9' 4'-8" 2' 6'-4"5' & fill opening with 3-0 Door & fill opening to match Remove 3-0 Door 4-0 Automatic Door concrete block Concrete 32" high counter Remove existing 3-0 Door (E) (New) 3'-9" Typical Insulated Panels 45"W x 4"D x 96"H Cooler Unit Access for product stocking existing storefront units (E) (E) (E) (New) (New) (E) 3 1/2" x 16" glulam beams 5' non- fusible disconnect service outlet GFCI/ WP New sloped concrete ramp to (E) walkway WH(E) Typical Wheel Stop Install New Monument Style Sign NO
PARKING Slope = 1 in 20 max. Sidewalk
Sidewalk Wheel Stop PARKING Existing 1960 sq. ft. Building EXIT Right Turn Only EXIT Right Turn Only 18' 27' 18' Compact Car (Existing) Compact Car (Existing) Compact Car (Existing) 16' PARKING 18' 3' 9' 5' 29' 26' 70 sq. inch Accessibility sign per CBC Sec. 1129B.4 Remove Existing Sign & Pole Visually Shielded chain link Standard Trash Containers fence & gate 6" high - 8" wide - 48" long fastened to the pavement 12" 24"

Page 279 of 296 ends

Agenda Item 19

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: Emergency Organization Structure
Recommendation: A. Conduct a Public Hearing and;
B. Introduce an Ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the first reading
Fiscal Impact: No fiscal impact.

Purpose:

To update the Municipal Code to modify the emergency organization structure and program, to define roles and responsibilities further, and to authorize the appointment of standby Council members pursuant to Government Code Section 8635 to act in the absence of regular Council members.

Council's Strategic Goal:

Modifying the City's emergency organizational structure supports the Council's goal of Public Safety.

Background:

The 2017 California State Emergency Plan states, "All local governments with certified disaster councils are required to develop Emergency Operations Plans (EOP) for their jurisdiction that meet state and federal requirements and are in accordance with Cal OES Local Planning Guidance." The Yuba City Disaster Council was established in 1974 and later amended in 1984. On November 15, 2022, the City Council of Yuba City adopted a Resolution approving the City of Yuba City's Emergency Operations Plan.

As outlined in the 2022 Emergency Operations Plan, a local emergency may be proclaimed by the City Council or the City Manager/Director of Emergency Services. If the City Manager/Director of Emergency Services proclaims a local emergency, the City Council must ratify it within seven (7) days.

The City Council must review the need for the proclamation at least every 30 days until the local emergency is terminated.

Analysis:

Page 280 of 296 ends

In the event of an actual incident or event, threat of disaster, or extreme peril to the safety of persons and/or property caused by natural or man-made situations resulting in a local proclamation of emergency by the City Manager/Director of Emergency Services, regular Yuba City Council members may be unable to meet the requirements of ratification within seven (7) days of the proclamation due to access or lack of physical capabilities. Staff proposes to amend Chapter 8 of the Yuba City Municipal Code in its entirety, which is outlined in Exhibit A, which addresses the appointment of standby Council members pursuant to Government Code section 8635 to act in the absence of regular Council members and selection of temporary City Council members. The proposed changes address the following:

Additional Flexibility: In the event that a Council cannot be formed during an emergency, under State law, the Chairman of the Sutter Board of Supervisors can appoint temporary Council members. If the Sutter County Chairman is not available, then the Chairman of other counties within a 150-mile radius can be used to appoint temporary Council members. If none are available, then the mayors of other cities can be used to make an appointment. This can result in a delay in the ratification of a declaration of emergency by the City Manager within the seven days required by law. The proposed ordinance sets up a process where Councilmembers appoint “standby members” from their District, which are ratified by the City Council, who serve in the event of the absence or unavailability of the Councilmember during an emergency. This allows for additional local control, provides for a clear chain of succession, and allows for action to be more swiftly taken by the City Council during an emergency.

Disaster Council: The City Council sits as the Yuba City Disaster Council. The proposed ordinance clarifies that if the Mayor is unavailable, the Vice-Mayor serves as the chair. If the Vice-Mayor is unavailable, the remaining elected Councilmembers will serve as the chair starting with District 1. Only if there are no elected council members shall an activated “standby” councilmember serve as the chair.

Director of Emergency Services: The City Manager serves as the Director of Emergency Services.

The proposed ordinance confirms the City Manager’s authority to designate a replacement in the event the City Manager is unavailable and to designate an order of succession. It also confirms the City Council’s authority to appoint an Acting City Manager if the City Manager cannot do so.

Clarification of Authority: The proposed ordinance clarifies the authority of the Director of Emergency Services to carry out the City’s Emergency Operations Plan, issue rules and regulations (subject to subsequent ratification by the City Council), authorize the use of any gifted services, or equipment, etc., and to declare a shelter crisis in a situation were a significant number of persons are without the ability to obtain shelter.

Fiscal Impact:

No Fiscal Impact
Alternatives:

The Council may take no action, leaving the current Municipal Code in place.

Recommendation:

A. Conduct a Public Hearing, and;
B. Introduce an ordinance of the City Council of the City of Yuba City, California, Amending Chapter 8 of the Yuba City Municipal Code regarding emergency organization, and waive the first reading.

Page 281 of 296 ends

Attachments:

1. ATTACHMENT 1

2. Yuba City Emergency Organization Ordinance
Prepared By: Submitted By:

Jesse Alexander
Fire Chief
Diana Langley
City Manager

Page 282 of 296 ends

ATTACHMENT 1

Page 283 of 296 ends

01248.0001/824899.3
ORDINANCE _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA
CITY, CALIFORNIA, AMENDING CHAPTER 8 OF THE YUBA CITY

MUNICIPAL CODE REGARDING EMERGENCY ORGANIZATION
WHEREAS, the City Council of the City of Yuba City adopted Ordinance No. 682 in 1974 and Ordinance No. 952 in 1984 to establish the City’s Emergency Organization structure and program; and
WHEREAS, the City Council desires to update the City’s Emergency Organization structure and program to further define roles and responsibilities, and to authorize the appointment of standby Council members pursuant to Government Code Section 8635 to act in the absence of regular Council members.

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

SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference as if set forth in full.

SECTION 2. Emergency Organization. Chapter 8 of the Yuba City Municipal Code is hereby amended in its entirety as set forth in Exhibit A hereto.

SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date and Publication. This Ordinance shall take effect 30 days after its adoption. The City Clerk, or duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 3rd day of October, 2023, and passed and adopted at a regular meeting held on the 17th day of October, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Wade Kirchner, Mayor
City of Yuba City

Page 284 of 296 ends

Ordinance XXXX Page 2
Emergency Organization
01248.0001/824899.3
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Exhibit A: Chapter 8. EMERGENCY ORGANIZATION

Page 285 of 296 ends

Ordinance XXXX Page 3
Emergency Organization
01248.0001/824899.3

EXHIBIT A
CHAPTER 8. EMERGENCY ORGANIZATION
Sec. 2-8.01. Purposes.

The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the Eemergency oOrganization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.

Sec. 2-8.02. Emergency defined.

As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

Sec. 2-8.03. Disaster Council—Membership.

The Yuba City Disaster Council is hereby created and shall consist of the following:
(a) The Mayor, who shall be the Chairman (if the Mayor is unavailable then the ViceMayor shall be the Chairperson; if the Vice-Mayor is unavailable then the Councilmembers from District 1 through 5 (in order) shall be the Chairperson; but no Standby member shall be Chairperson unless no Councilmembers are available); (b) The Director of Emergency Services, who shall be the Vice-Chairman; (c) Such chiefs of emergency services as are provided for in a current Emergency Plan of the City adopted pursuant to the provisions of this chapter; and (d) Such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

Sec. 2-8.04. Disaster Council—Powers and duties; meetings.

It shall be the duty of the Yuba City Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Chairman or, in his or her absence from the City or inability to call such meeting, upon the call of

Page 286 of 296 ends

Ordinance XXXX Page 4
Emergency Organization
01248.0001/824899.3
the Vice-Chairman or, in their absence from the City or inability to call such meeting, upon the call of the next most senior Councilmember.

Sec. 2-8.05. Director of Emergency Services—Offices created. (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. If the City Manager is unavailable the City Manager may designate an Acting City Manager. If the City Manager is unavailable and unable to appoint an Acting City Manager such an appointment can be made by the City Council.
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

Sec. 2-8.06. Director of Emergency Services—Powers and duties. (a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a "local emergency," if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;
(2) Request the Governor of the State to proclaim a "state of emergency" when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency;
(3) Control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between, and coordination of, the services and staff of the Emergency Organization of the City and resolve questions of authority and responsibility which may arise between them;
(5) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2-8.02 of this chapter; and (6) In the event of the proclamation of a "local emergency," as provided in this subsection (a), the proclamation of a "state of emergency" by the Governor or the Director of the California Office of Emergency Services, or the existence of a "state of war emergency," the Director of Emergency Services, and in his or her absence, the Assistant Director, is hereby empowered:
(i) To implement and carry out the City’s Emergency Operations Plan; (ii) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided,

Page 287 of 296 ends

Ordinance XXXX Page 5
Emergency Organization
01248.0001/824899.3
however, such rules and regulations shall be confirmed at the earliest practicable time by the City Council;
(iii) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use;
(iv) To require the emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County of the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by State laws for registered disaster service workers;
(v) To requisition the necessary personnel or materials of any City department or agency;
(vi) To execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by the provisions of this chapter or by resolution of Emergency Operations Plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, or by any other lawful authority;
(vii) To authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the City shall be deemed duly accepted by the City Council in accordance with Section 37354 of the California Government Code. A report of all such gifts shall be made to the City Council at its next regular meeting for review. (viii) In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the Director of Emergency Services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the Government Code.
(7) Assign, as he or she determines appropriate, responsibility to emergency services chiefs for developing and directing the various City emergency response capabilities and providing for the training of City personnel. (b) The Director of Emergency Services shall designate the order of succession to his or her office to take effect in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council. The Assistant Director of Emergency

Page 288 of 296 ends

Ordinance XXXX Page 6
Emergency Organization
01248.0001/824899.3
Services, under the supervision of the Director, shall have such powers and duties as may be assigned by the Director.

Sec. 2-8.07. Emergency organization.

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons pressed into service pursuant to the provisions of subsection (iv) of subsection (6) of subsection (a) of Section 2-8.06 of this chapter, be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the Emergency Organization of the City.

Sec. 2-8.08. Emergency Operations Plan.

The Yuba City Disaster Council shall be responsible for the development of the City of Yuba City Emergency Operations Plan, which shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, a state of emergency, or a state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the Emergency Organization. Such plan shall take effect upon adoption by resolution of the City Council.

Sec. 2-8.09. Standby City Council Members.

Standby members of the City Council (“Standby members”) are hereby authorized pursuant to the provisions of California Government Code Sections 8635 through 8644. (a) Each Council member may appoint up to three Standby members. If a Council member appoints more than one Standby member they shall be designated in order of succession (i.e. Standby 1, Standby 2, and Standby 3). Standby members must live in the Council District of the Council member making the appointment. Standby members should have prior experience serving on a City or local agency board, commission or council, but such experience is not mandatory. Consideration should be given to places of residence and work, so that the greatest probability of survivorship or availability shall exist. Appointment, removal, or replacement of Standby members may be made at any time and shall be subject to, and effective upon, ratification by the City Council. For newly elected or appointed Council members, the initial appointment of at least one standby member shall occur at the first regular Council meeting following the swearing-in of the newly elected or appointed Council member.
(b) Standby members shall serve at the pleasure of the appointing Council member and may be removed and replaced at any time with or without cause subject to ratification by the City Council.
(c) A Standby member shall confirm his or her acceptance of the appointment by taking the oath of office set forth in Article XX, Section 3, of the Constitution of the State of California at the time of appointment set forth in subsection (a) of this section. (d) Standby members must be informed of the duties of a Council member, be provided a copy of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code,

Page 289 of 296 ends

Ordinance XXXX Page 7
Emergency Organization
01248.0001/824899.3
keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of war emergency, a state of emergency, or a declared local emergency, and fill the position when their appointing regular Council member is unavailable during a state of war emergency, a state of emergency, or a declared local emergency.
(e) Standby members may become activated during a state of war emergency, a state of emergency, or a declared local emergency. No Standby member shall become a member of the City Council unless there is a declared emergency described above.

The mere vacancy of the regular Council member’s office absent a declared emergency shall not activate the Standby member. The Standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including Standby members who are serving at that time. (f) Upon standby Council members becoming activated, the City Council shall, if necessary, determine offices. In the event that both the Mayor and Vice Mayor are unavailable, then the remaining regular members of the Council shall determine the Temporary Presiding Officer. No Standby member shall become Mayor or Temporary Presiding Officer if any of the regular Council members are available to fill such position, although the Standby member shall continue to serve as a member of the governing body until the termination of the emergency, until the regular member becomes available, or until the regular member is replaced pursuant to provisions of State law.
(g) The functions and duties of Standby members shall be as described in California Government Code Section 8641 and successor legislation.

Sec. 2-8.10. Temporary City Council Members.

Should all members of the Council, including all Standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a Standby member becomes available or until the election or appointment of a new regular or Standby member.

Temporary officers shall be appointed as follows:
(a) By the chairman of the Sutter County Board of Supervisors, but if not available, then (b) By the chairman of the Board of Supervisors of any other County within 150 miles of the City, beginning with the nearest and most populated county (Yuba County) and going to the farthest and least populated. If none is unavailable, then (c) By the mayor of any City within 150 miles of the City, beginning with the nearest and most populated City (Marysville) and going to the farthest and least populated.

Sec. 2-8.11. Expenditures.

Page 290 of 296 ends

Ordinance XXXX Page 8
Emergency Organization
01248.0001/824899.3
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

Sec. 2-8.12. Punishment of violations.

It shall be a misdemeanor, punishable by a fine of not to exceed $1000, or by imprisonment for not to exceed six months, or both, for any person during an emergency to:
(a) Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of the provisions of this chapter;
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof; or (c) Wear, carry, or display, without authority, any means of identification specified by the California Office of Emergency Services.

Sec. 2-8.13. Repeal of conflicting ordinances.

Ordinance Nos. 682 and 952 are hereby repealed; provided, however, it is the intent of the City Council in enacting this chapter that it shall be considered as a revision and continuation of said ordinances, and the status of volunteers shall not be affected by such repeal, nor shall civil defense and disaster mutual aid plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinances be affected by such repeal until amended, modified, or superseded as provided in this chapter.

Page 291 of 296 ends

Agenda Item 20

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: 2023 Nagar Kirtan Sikh Parade
Recommendation: Receive an update from staff on the planning efforts for the 2023 Nagar Kirtan Sikh Parade
Fiscal Impact: None
Purpose:

To receive an update on the public safety planning efforts for the annual Sikh Parade, scheduled for November 5, 2023.

Council's Strategic Goal:

This addresses Council's goal of Public Safety.

Background:

Every year on the first Sunday in November, the Gurdwara Sahib Sikh Temple on Tierra Buena Road hosts the Nagar Kirtan which includes a parade that begins at the Temple, which is located in Sutter County, and continues through the northwestern portion of Yuba City. Beginning in June, staff from multiple public safety agencies, including Yuba City Fire and Police, meet with Temple representatives to begin the planning process for the parade. As the City has recently enacted a new Special Event Permit (Permit) Process, staff is coordinating with Temple representatives to provide all of the items necessary to obtain a Permit.

Analysis:

With the parade scheduled for Sunday, November 5, staff will provide a status update on the Permit.

The Council can then provide direction as appropriate should any modifications need to be made.

Fiscal Impact:

None.

Recommendation:

Page 292 of 296 ends

Receive an update from staff on the planning efforts for the 2023 Nagar Kirtan Sikh Parade.

Attachments:

None
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

Page 293 of 296 ends

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner

Page 294 of 296 ends

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

Page 295 of 296 ends

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

Page 296 of 296 ends
← All documents from this meeting