Yuba City City Council
October 3, 2023

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
OCTOBER 3, 2023

REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY AND

CITY COUNCIL

CITY OF YUBA CITY
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Wade Kirchner
VICE MAYOR ● Shon Harris
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Dave Shaw
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible

AGENDA

REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
OCTOBER 3, 2023
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

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

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:https://yubacity-net.zoom.us/webinar/register/WN_KVGXOPIHTxqlXSS-arV_rA. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.

Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 51-095-020, located at 1483 Gray Avenue, Yuba City, California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment B. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9
One Case

Regular Meeting
Call to Order
Roll Call
__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Public Communication

1. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.

2. Minutes from the September 5th, 7th and 19th, 2023 meeting Recommendation: Approve the minutes from the September 5th, 7th and 19th, 2023 meeting

3. Autel Drone Replacement
Recommendation: A. Authorize the Finance Director to record a supplemental budget appropriation for the purchase of one Autel Robotics EVO Dual 640T V3 MDV3 Drone
B. Authorize the Finance Director to perform the required supplemental appropriations and transfers necessary to make this capital asset purchase

4. Supplemental Budget Appropriation for the Purchase of (5) Chevrolet Tahoe Police Pursuit Vehicles (FB22-07)
Recommendation: A. Adopt a Resolution authorizing the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the additional costs to purchase the five (5) Chevrolet Tahoe Pursuit Vehicle in the amount of $36,231.55

B. Authorize the Finance Director to increase the award amount to Wheeler Chevrolet for FB 22-07 from $42,613.07 to
$49,859.38

5. Purchase of (3) APC Smart-UPS Batteries for Server Rooms Recommendation: Adopt a Resolution awarding the purchase to Quest Media & Supplies, Inc. for the procurement of (3) APC Smart-UPS Modular Ultra batteries in the amount of $82,222 utilizing the CMAS contract; and authorize the Finance Director to make a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, in the amount of $22,222 with the finding that it is in the best interest of the City

6. Public Works Fiscal Year 23/24 Second Quarter Budget Adjustments Recommendation: Authorize the Finance Director to make transfers within the 7120 Water Treatment Plant and 8120 Wastewater Treatment Facility operating budget accounts as listed in Attachment 1, including supplemental appropriations in the amount of $20,000 from unallocated water funds to the 7120 Water Treatment Plant operating budget and in the amount of $120,918 from
unallocated wastewater funds to the 8120 Wastewater Treatment Facility operating budget

7. Rexel Integrated Services Agreement Award
Recommendation: Adopt a Resolution awarding a five-year Integrated Services Agreement for support and service of the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility to Rexel USA, Inc. of
Sacramento, CA in the amount of $169,905, with the finding that it is in the best interest of the City

8. Lift Station 2 Rehabilitation Project - Contingency Increase Recommendation: Adopt a Resolution authorizing an increase in the construction contingency of $75,480.00 with a finding that it is in the best interest of the City

9. General Plan Amendment (GPA) 22-01 and Rezone (RZ) 22-02 associated with Tentative Parcel Map (TPM) 22-01 for the Ratliff Duplex Development (Continued from the September 19, 2023 regular meeting)
Recommendation: Adopt a Resolution of the City Council of the City of Yuba City denying General Plan Amendment 22-01 and Rezone 22-02 for the Ratliff Duplex Development, located on 0.31 acre at the southwest corner of Cooper Avenue and Frederick Street
(Assessor’s Parcel Numbers 52-283-012 and -013)

10. CalRecycle Rubberized Pavement Grant - Signature Authority Recommendation: Adopt a Resolution authorizing the City Manager to execute and submit all necessary grant documentation for CalRecycle grants for a five-year period

11. Consideration of Rezone (RZ) 23-02 for the Bains – Bridge Street Project Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to adopt Rezone 23-02 for the Bains – Bridge Street project located on approximately 0.68 acres on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s

Parcel Numbers 58-080-005), and waive the second reading

12. Yuba City Active Transportation Plan (Grant Award)
Recommendation: Adopt a Resolution which makes the following actions:

A. Authorizes the City Manager to execute and submit all necessary documentation related to the Caltrans Sustainable Transportation Planning, Sustainable Communities Grant
B. Authorizes the Finance Director to make necessary budget adjustments and supplemental appropriations in the appropriate revenue and expenditure accounts

13. Signature Authority – DTSC Grant Application for cleanup of Successor Agencyowned property (442 B Street) Recommendation: Adopt a Joint Resolution which takes the following actions:

A. Authorizes the City of Yuba City to apply for an Equitable Community Revitalization Grant for the cleanup of Successor Agency-owned property located at 422 B Street (APN 52-380- 019)
B. Authorizes the Chair of the Successor Agency to sign an Owner Attestation Form and Site Access Agreement necessary for the grant application
C. Authorizes the City Manager of the City of Yuba City to execute all necessary grant application documents

14. Successor Housing Agency to the Yuba City Redevelopment Agency Sale of 825 Jones Street to Harminder Singh Maan and Karmjit Kaur Maan Recommendation: Adopt a Resolution authorizing the City Manager, as the Executive Director on behalf of the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52-411-016), and all other necessary documents, in the amount of $290,000 to Harminder Singh Maan and Karmjit Kaur Maan, and authorize the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund
Business Items

15. Certifying Need for CalPERS 180-Day Wait Period Exception for Robert Condrey to be appointed as – Passenger Bus Driver
Recommendation: Adopt a Resolution
A. Certifying the need for exception of the CalPERS 180-day wait period for Robert Condrey to be appointed as
a passenger bus driver

B. Approving the employment agreement and appointing
Robert Condrey as provided in the Resolution following

approval by CalPERS

16. Heavy Equipment Lease Financing
Recommendation: Adopt a Resolution awarding a contract for lease purchase financing services to JPMorgan Chase Bank, N.A., to finance the purchase of two dump trucks and an all-terrain fire engine through a Master Lease Agreement for a $1,000,000 line of credit

17. 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

18. 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 (OffSale General) Alcoholic Beverage Control (ABC) License at 1111 Gray Avenue

19. 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

20. 2023 Nagar Kirtan Sikh Parade
Recommendation: Receive an update from staff on the planning efforts for the 2023 Nagar Kirtan Sikh Parade
Future Agenda Items

21. Future Agenda Items
- Councilmember Pasquale
- Councilmember Boomgaarden
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
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

22. City Manager's Report

23. City Council Reports
Adjournment

CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 2

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the September 5th, 7th and 19th, 2023 meeting Recommendation: Approve the minutes from the September 5th, 7th and 19th, 2023 meeting Fiscal Impact: None
Attachments:

1. 09-05-2023 - Regular Meeting Minutes (DRAFT)

2. 09-07-2023 - Special Meeting Council Workshop Minutes (DRAFT)

3. 09-19-2023 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Admininstrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING OF THE HOUSING SUCCESSOR AGENCY

AND CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 5, 2023
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Kirchner at 5:00 PM
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Shaw, and Pasquale

Absent: None
Closed Session
A. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1 Unrepresented employees: Confidential Employees, Executive Services Employees
B. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-161-036, located at 847 Chestnut Street, Yuba City California; and APN 51-095-020, 1483 Gray Avenue, Yuba City, California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment No public comment received
Regular Meeting
Call to Order
The Regular City Council Meeting and the Housing Successor Agency was called to order by Mayor Kirchner at 6:03 PM
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Shaw, and Pasquale

Absent: None
Invocation/Inspiration
Pastor David Kim, First United Methodist Church of Yuba City Pledge of Allegiance to the Flag
Past Councilmember Manny Cardoza
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
Item 7 was pulled from the agenda
Ceremonial Presentations

1. Fletcher's Plumbing 50 Year Anniversary Proclamation Mayor Kirchner presented a proclamation to Carl and Adam Fletcher, owners of Fletcher’s Plumbing

2. Deputy Andre Licon Certificate of Commendation
Mayor Kirchner presented a Certificate of Commendation to Sherrif Deputy Andre Licon Public Communication

3. Appearance of Interested Citizens
The following spoke
• Teresa Schmidt
• Sandee Drown
• Heather Esemann
• Tom Burns
• Benjamin Garcia
• Kim Marguard
Consent Calendar
Item 7 was pulled from the Agenda
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 4-6 & 8

4. Minutes from the August 15, 24 and 30, 2023 meetings Minutes approved from the August 15, 24 and 30, 2023 meetings

5. Updated PRISMHealth Program Memorandum of Understanding Adopted Resolution No. 23-107 Approving Updated PRISMHealth Program Memorandum of Understanding and Authorizing the City Manager to execute the same

6. Richland Waterline Extension Project (Plans and Specifications) Adopted Resolution No. 23-108 adopting a CEQA Class 1 & Class 2 categorical exemption, approving the plans and specifications for the Richland Waterline Extension Project (18-11) and authorizing advertisement for bids on the project [Item 7. pulled]

7. Successor Housing Agency Sale of 825 Jones Street to Harminder Singh Maan, et al
Action: Adopt a Resolution that:

A. Authorizes the City Manager, as the Executive Director on behalf of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52- 411-016), and all other necessary documents, in the amount of $320,000 to Harminder Singh Maan and Karmjit Kaur Maan, subject to approval of the City Attorney as to material terms
B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund

8. Street Racing Ordinance
Adopted Ordinance 010-23 of the City Council of the City of Yuba City further regulating unpermitted motor vehicle racing, exhibitions of speed, and side shows, by authorizing forfeiture and, when applicable, equitable sharing, by amending Section 4-8.407, Article 4, Chapter 8, of Title 4 of the Yuba City Municipal Code by title only and waive the second reading
The motion was passed unanimously
Business Items

9. Special Event Permit Application Process and Event Fees Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Shaw moved and Vice-Mayor Harris seconded the motion to:

Adopt Resolution 23-109 approving a Special Event Permit process and amending the

schedule of fees and charges for City services related to the same The motion was passed unanimously

10. 2022-2023 Grand Jury Report Response
The following spoke
• Heather Esemann
• Benjamin Garcia
• Tom Burns
Councilmember Pasquale moved and Councilmember Boomgaarden seconded the motion to:

Approve the response to the 2022-2023 Sutter County Grand Jury Final Report regarding road conditions in the City
The motion was passed unanimously

11. Accept Grant Funding and Expenditure Recommendations for the California Citizens’ Option for Public Safety (COPS) Grant of approximately $100,000 Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

B. Adopt Resolution 23-110 authorizing the Chief of Police to accept the FY 2023/2024 California Citizens’ Option for Public Safety (COPS) funding and approve expenditure recommendations
C. Authorize the Finance Director to make a supplemental budget appropriation for grant revenues to 100-43117 and grant expenditures to 2180-69201 The motion was passed unanimously

12. Establishing Rules and Regulations for the Use of the City Seal, City Logo, and City Council Pins
Mayor Kirchner opened a Public Hearing
The following spoke
• Manny Cardoza
• Tom Burns
• Benjamin Garcia
Mayor Kirchner closed the Public Hearing
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City establishing rules and regulations for the use of the City Seal, City Logo, and City Council Pins, by title only and waive the first reading
[Including amendment to Section 2-4.04 G as outlined by the City Attorney] The motion was passed unanimously
Future Agenda Items

13. Future Agenda Items
No suggestions made
Reports and Communications

14. City Manager's Report

15. City Council Reports
- Councilmember Boomgaarden
- Councilmember Harris
- Councilmember Pasquale
- Councilmember Shaw
- Mayor Kirchner
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council and the Housing Successor Agency at 8:03 PM
_____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
/js

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL MEETING, CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 7, 2023 - 8:00 A.M.

FIRE ADMINISTRATION, 824 CLARK AVENUE
YUBA CITY CA 95993
Special Meeting
The Special Meeting of the City Council was called to order by Mayor Kirchner at 8:05 am Roll Call

Present: Mayor Kirchner, Councilmembers Boomgaarden, Harris, Pasquale and Shaw

Absent: None
Pledge of Allegiance to the Flag
Mayor Kirchner led the pledge
Public Communication
No public comment
General Items

1. City Council Team Building & Strategic Planning, facilitated by Juan Lopez, Amistad and Associates
Workshop facilitated by Juan Lopez, no action taken.

Adjournment
Mayor Kirchner adjourned the Special Meeting at 3:06 pm _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
/js

ATTACHMENT 3

MINUTES (DRAFT)

REGULAR MEETING OF THE

HOUSING SUCCESSOR AGENCY

AND CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 19, 2023
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR

MEETING COUNCIL

CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Kirchner at 5:04 PM
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden and Harris

Absent: Councilmembers Pasquale and Shaw
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-411-016, located at 825 Jones Street, Yuba City, California; and APN 51- 095-020, located at 1483 Gray Avenue, Yuba City, California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
B. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Ann Gillen, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW
Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1 Unrepresented employees: Confidential Employees, Executive Services Employees No public comment received
Regular Meeting
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden and Harris

Absent: Councilmembers Pasquale and Shaw
Invocation/Inspiration
Pastor Dan Callaghan from Legacy Church Yuba City
Pledge of Allegiance to the Flag
Councilmember Marc Boomgaarden
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations

1. Tortilleria Flores Retirement Proclamation
Mayor Kirchner presented a proclamation to Jose and Maria Flores, owners of Tortilleria Flores

2. Introduction of Dr. Pan, Chancellor for Yuba Community College District Dr. Pan, Yuba Community College District Chancellor, gave a presentation

3. Zoning Audits Presentation by Jamin Kimmell from Cascadia Partners Jamin Kimmell from Cascadia Partners presented the Zoning Code Audit Public Communication

4. Appearance of Interested Citizens
Kim Marquard spoke
Phil Treanor spoke
Tom (Unknown last name) spoke
Benjamin Garcia spoke
Consent Calendar
Vice-Mayor Harris moved and Councilmember Boomgaarden seconded the motion to approve Consent Calendar items 5-9

5. Successor Housing Agency Sale of 847 Chestnut Street to Chy Eaton and Robert Eaton
Adopt Resolution 23-111 that:

A. Authorizes the City Manager, as the Executive Director on behalf of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 847 Chestnut Street (APN 52-161-036), and all other necessary documents, in the amount of $348,500 to Chy Eaton and Robert Eaton, subject to approval of the City Attorney as to material terms B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund

6. DWR 2022 Urban Community Drought Relief Grant Award
A. Adopt Resolution 23-112 authorizing the Public Works and Development Services Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the City-owned Property Turf Replacement Project on behalf of the City
B. Adopt Resolution 23-113 authorizing the Public Works and Development Services Director or designee to apply, accept, and execute all documents associated with Department of Water Resources 2022 Urban Community Drought Relief Grant Program for the Commercial Property Turf Replacement Rebate Program on behalf of the City
C. Adopt Resolution 23-114 awarding a Professional Services Agreement to Blais & Associates of Little Elm, TX and Irvine, CA for grant management services in the amount of $60,090 plus a contingency of $12,000, with the finding that it is in the best interest of the City
D. Adopt Resolution 23-115 authorizing the Finance Director to appropriate $3,415,152 in state grant funds to administer project funding in a new Capital Improvement Program account and authorizing the Finance Director to make necessary supplemental appropriations and related transfers

7. Easement Purchase for the Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project – Yoshimi Yokohari Revocable Trust Adopt Resolution 23-116 approving an Agreement for Purchase and Sale of Fee Interest and Easements, Pipeline Easement Agreement, Right of Entry/Temporary Construction Easement Agreement, and Grant Deed for the Wastewater Outfall Diffuser Project between Garden Highway and the Feather River west levee approximately 2,600 feet south of Barry Road (APN 23- 180- 006)

8. Anneka Lane Sewer Replacement Project
Adopt Resolution 23-117 awarding a construction contract to Santos

Excavating, Inc., of Chico, CA in the amount of their total bid of $267,676.00 and authorizing the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney

9. Establishing Rules and Regulations for the Use of the City Seal, City Logo, and City Council Pins
Adopt Ordinance 011-23 of the City Council of the City of Yuba City establishing rules and regulations for the use of the City Seal, City Logo, and City Council Pins, by title only and waive the second reading The motion passed with three (3) votes [Pasquale & Shaw absent] Business Items

10. Shanghai Garden Park Playground Equipment
Heather Esemann spoke
Kim Marquard spoke
City Council received options for the playground equipment at Shanghai Garden Park and provided direction to staff

11. Consideration of Development Plan 23-02: Merriment Village Apartments Mayor Kirchner opened a Public Hearing
Matt Goody spoke
Mayor Kirchner closed the Public Hearing
Vice-Mayor Harris moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-118 of the City Council of the City of Yuba City to determine that the project is statutorily exempt from environmental review pursuant to Assembly Bill 140 as reflected in Health and Safety Code Section 50675.1.4., and approve Development Plan 23-02, Merriment Village Apartments, subject to the Conditions of Approval, for the development of a 218-unit income-based (affordable) apartment complex, located on a 7.7- acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120-001)
The motion passed with three (3) votes

12. Consideration of General Plan Amendment (GPA) 22-01 and Rezone (RZ) 22-02 associated with Tentative Parcel Map (TPM) 22-01 for the Ratliff Duplex Development
Mayor Kirchner opened a Public Hearing
Heather Sims Goodlin spoke
Curtis Henderson spoke
Kay Sims spoke

Ron (Unknown last name) spoke
Mayor Kirchner closed the Public Hearing
City Council directed staff to return to the meeting on October 3, 2023 with a Resolution for denial of General Plan Amendment 22-01 for the Ratliff Duplex Development located on approximately 0.31 acres at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52- 283-012 and -013)
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment 22-04, a Mitigated Negative Declaration, and contingently approving General Plan Amendment 22-01 for the Ratliff Duplex Development located on approximately 0.31 acres at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52- 283-012 and -013); and
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone 22-02 for the Ratliff Duplex Development located on approximately

0.31 acres at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52-283-012 and -013)

13. Consideration of General Plan Amendment (GPA) 23-02 and Rezone (RZ) 23-02 for the Bains – Bridge Street project
Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Boomgaarden moved and Vice-Mayor Harris seconded the motion to:

B. Adopt Resolution 23-121 of the City Council of the City of Yuba City approving Environmental Assessment 23-04, a Mitigated Negative Declaration, and contingently approving General Plan Amendment 23-02 re-designating 0.68 acre from Office and Office Park (O) land use designation to Medium-High Density Residential (HDR) for the Bains – Bridge Street project, located on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Numbers 58-080-005); and
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone 23-02 for the Bains – Bridge Street project located on approximately

0.68 acres on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Numbers 58-080-005)
[Including amendments as outlined by the City Attorney] The motion passed with three (3) votes
[Item 14 was pulled]

14. General Plan Amendment No. 3 of 2023
Adopt a Resolution of the City Council of the City of Yuba City approving General Plan Amendment No. 3 of 2023

15. CDBG 2022 Consolidated Annual Performance and Evaluation Report Mayor Kirchner opened a Public Hearing
No public comment
Mayor Kirchner closed the Public Hearing
Councilmember Boomgaarden moved and Vice-Mayor Harris seconded the motion to:

Approve the 2022 CAPER and adopt Resolution 23-119 authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD)
The motion passed with three (3) votes

16. Burned/Damaged Building Abatement
Heather Esemann spoke
Janice (Unknown last name) spoke
Jacqueline (Unknown last name) spoke
Councilmember Boomgaarden moved and Vice-Mayor Harris seconded the motion to:

A. Implement policy to initiate Vacant Building Plan provision of the City’s Public Nuisance Ordinance within 30-days of receipt of notification of a burned building; and
B. Direct staff to annually apply for the use of Community Development Block Grant (CDBG) funding for the abatement of blighted buildings in low-moderate income areas; and
C. Direct staff to review and recommend funding options through the 2024-2025 budget cycle for the potential abatement of blighted buildings The motion passed with three (3) votes

17. Consideration of ARCO AM/PM Public Convenience or Necessity Request Vice-Mayor Harris moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-120 making a finding of public convenience or necessity for the issuance of a Type 21 (off-sale general) Alcoholic Beverage Control (ABC) License at the northwest corner of State Highway 20 and Harter Parkway (ARCO AM/PM with fuel facility)
The motion passed with three (3) votes
Future Agenda Items

18. Future Agenda Items
No suggestions made

Reports and Communications

19. City Manager's Report

20. City Council Reports
- Councilmember Boomgaarden
- Vice Mayor Harris
- Mayor Kirchner
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council at 9:02 PM _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 3

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Stephan Thornton, Police Lieutenant
Summary
Subject: Autel Drone Replacement
Recommendation: A. Authorize the Finance Director to record a supplemental budget appropriation for the purchase of one Autel Robotics EVO Dual 640T V3 MDV3 Drone B. Authorize the Finance Director to perform the required supplemental appropriations and transfers necessary to make this capital asset purchase Fiscal Impact: Funding is available from payment received from Aliant Insurance in the amount of $7,500.00
Purpose:

To replace Autel drone damaged during deployment.

Background:

The Police Department's Autel drone was deployed for an incident. During the incident, the drone was placed in hover mode while the pilot assisted other officers with an emergency situation. While the drone was returning to the original place of deployment, it collided with a small tree branch, causing the unit to crash. The drone sustained major damage to a propeller arm, the onboard camera, and guidance sensors.

A claim for damages was placed with Aliant Insurance. Aliant Insurance determined the damaged drone to be a complete loss. Aliant Insurance paid to replace the drone for a total amount of $7,500.00.

Council's Strategic Goal:

The replacement is replacing a drone to further the council's strategic goal of public safety.

Analysis:

The city of Yuba City insurance company, Aliant Insurance, reimbursed the city $7,500.00 replacement value of the drone. The cost of replacement is $6,999.00 plus tax and shipping.

Fiscal Impact:

The replacement funding is available from the payment received from Aliant Insurance in the amount of $7,500.00.

Recommendation:

Authorize the Finance Director to record a supplemental budget appropriation for the purchase of one Autel Robotics EVO Dual 640T V3 MDV3 Drone
Authorize the Finance Director to perform the required supplemental appropriations and transfers necessary to make this capital asset purchase
Attachments:

None
Prepared By: Submitted By:

Stephan Thornton
Lieutenant
Diana Langley
City Manager

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Brent Slade, Lieutenant
Summary
Subject: Supplemental Budget Appropriation for the Purchase of (5) Chevrolet Tahoe Police Pursuit Vehicles (FB22-07)
Recommendation: A. Adopt a Resolution authorizing the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the additional costs to purchase the five (5) Chevrolet Tahoe Pursuit Vehicle in the amount of $36,231.55 B. Authorize the Finance Director to increase the award amount to Wheeler Chevrolet for FB 22-07 from $42,613.07 to $49,859.38
Fiscal Impact: $36,231.55 in additional costs for the purchase of the five (5) police vehicles.

The additional funding required is available in the Vehicle Replacement Fund #6610-69401
Purpose:

Acquire additional funding to purchase the five (5) Chevrolet Tahoe Police Pursuit Vehicles Council's Strategic Goal:

This item supports the City Council's Strategic Goal of Public Safety.

Background:

In April 2022 the City approved the purchase of five (5) Chevrolet Tahoe Police Pursuit Vehicles purchased through Wheeler Chevrolet (FB22-07).

Analysis:

In August 2023 Police Department staff received notification that the five (5) Chevrolet Tahoe Police Pursuit Vehicles were in production.

In September 2023 Police Department staff received notification from Wheeler Chevrolet that the price of the vehicles had increased significantly. The previous approved purchase price per vehicle was $42,613.01 with a total for the five (5) vehicles being $213,065.05 that included a five-year warranty.

Wheeler Chevrolet later informed Police Department staff that an extended warranty was not available

for police vehicles. According to Wheeler Chevrolet, the new invoice price per vehicle is $49,859.38 with a total purchase for the five (5) vehicles being $249,296.90. Wheeler Chevrolet advised they were unable to honor the price that was reflected during the bidding process of $42,613.07 with the extended warranty.

Police Department staff spoke with Wheeler Chevrolet staff to inquire about the significant increase.

Police Department staff were advised that the original bid presented by Wheeler Chevrolet reflected the price for a 2022 Chevrolet Tahoe Pursuit Vehicle and not the price for a 2023 Chevrolet Tahoe Pursuit vehicle, because GM had not released the pricing for a 2023 vehicle at the time of the bid process. However, Wheeler Chevrolet had failed to submit any projected price increase during the bid process like the other Chevrolet dealers had done.

Police Department staff spoke with other Chevrolet dealers that specialize in police vehicles to inquire if they had received the same price increase on vehicles agencies had ordered in 2022 for the model year 2023 Chevrolet Tahoe Police Pursuit vehicles. Chevrolet staff advised they did see a slight increase, but they lock in pricing when they submit orders through GM. According to a Chevrolet dealer, they possess the California state contract for police vehicles and annually place orders for a significant number of vehicles from GM. During the bidding process, they strongly asserted that Wheeler Chevrolet would be unable to offer a vehicle at the price specified in the bid.

The Police Department has waited for these five (5) vehicles for over two (2) years and is in dire need of these vehicles. The City would see a significant increase in maintenance costs and repairs if the vehicles needing replacement were kept in service for another year. It is likely that these five vehicles needing replacement will not remain operable until the 2024 bidding process opens. Police Department staff spoke with staff at Winner Chevrolet Inc. and asked if they had any 2023 Chevrolet Tahoe Pursuit Vehicles for purchase. Winner Chevrolet Inc. staff advised that all of their 2023 Chevrolet Tahoe Pursuit Vehicles were already accounted for.

Fiscal Impact:
$36,231.55 in additional costs for the purchase of the five (5) police vehicles. The additional funding required is available in the Vehicle Replace Fund #6610-69401 Alternatives:

1. Reject the supplemental budget appropriation

2. Do not purchase the replacement vehicles
Recommendation:

A. Adopt a resolution authorizing the Finance Director to record a supplemental budget appropriation to account 6610-69401 for the additional costs to purchase the five (5) Chevrolet Tahoe Pursuit Vehicle in the amount of $36,231.55.

B. Authorize the Finance Director to increase the award amount to Wheeler Chevrolet for FB 22-07 from $42,613.07 to $49,859.38.

Attachments:

1. RESOLUTION

2. WHEELER CHEVROLET INVOICE

3. LETTER FROM WHEELER CHEVROLET

4. ORIGINAL STAFF REPORT FB22-07

Prepared By: Submitted By:

Brent Slade
Police Lieutenant
Diana Langley
City Manager

01248.0010/925819.1
Agenda Item
ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING AN ADDITIONAL PAYMENT FOR A PRICE INCREASE FROM WHEELER AUTO CENTER REGARDING THE PURCHASE OF FIVE (5)

CHEVROLET TAHOE POLICE VEHICLES
WHEREAS, the City issued a Formal Bid on March 22, 2022 to award a contract to the lowest, most responsive vendor to provide five Chevrolet Tahoe Police vehicles; and WHEREAS, the City received two bids at the time of the bid opening and staff recommend awarding the purchase of the five Chevrolet Tahoe Police vehicles to Wheeler Auto Center of Yuba City, CA as the lowest bidder; and
WHEREAS, Wheeler Auto Center’s bid was for of $42,613.07 per unit, including a fiveyear/100,000 mile warranty; and WHEREAS, City staff contacted Wheeler Auto Center, who confirmed that the bid was correct and was accurate; and
WHEREAS, the City subsequently awarded the bid and approved the purchase of the five Chevrolet Tahoe Police Vehicles from Wheeler Auto Center on April 19, 2022; and WHEREAS, on August 24, 2023, more than a year after the award of the bid, the City’s Police Department first received notice the five Chevrolet Tahoe Police Vehicles were in production; and
WHEREAS, on September 13, 2023, Wheeler Auto Center further informed the City that it would no longer be able to honor the price reflected during the bidding process, and instead stated the price had increased from $42,613.07 to $49,859.38 per unit. This increase did not include the benefit of the five year/100,000 mile warranty for each unit; and WHEREAS, since the bid was originally awarded more than a year and a half ago, the intervening delay has caused the availability of reliable police vehicles to become urgent.

Furthermore, if the City were to restart the bidding process would only compound the impact on the City given automotive production delays and manufacturing times, which could be exacerbated by strikes that are currently affecting General Motors; and WHEREAS, to minimize further impact upon the City, and to ensure the protection public safety, the City Council desires to authorize staff to make the additional payment for the five Chevrolet Tahoe Police vehicles to the Wheeler Auto Center under a reservation of rights as set forth below.

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

1. The recitals are incorporated by reference as if set forth in full herein.

2. The City Council authorizes the Finance Director to make a supplemental budget appropriation from the vehicle replacement fund in the amount of $36,231.55.

01248.0010/925819.1

3. The City Council authorizes the Finance Director to make the additional payment in a total amount not to exceed $49,859.38 per unit to acquire the five Chevrolet Tahoe Police vehicles to the Wheeler Auto Center under either a reservation of rights or payment under protest.

4. The City Council finds and declares that nothing in this Resolution shall waive the City’s rights and remedies under the law. Likewise, nothing in this Resolution implies, directly or indirectly, that any delay, post-award change of terms, additional price increases above the bid amount, performance history, etc., are those which constitute the actions of a responsible bidder.

5. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney

Aleshire & Wynder, LLP

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Brian Hansen, IT Manager
Summary
Subject: Purchase of (3) APC Smart-UPS Batteries for Server Rooms Recommendation: Adopt a Resolution awarding the purchase to Quest Media & Supplies, Inc. for the procurement of (3) APC Smart-UPS Modular Ultra batteries in the amount of $82,222 utilizing the CMAS contract; and authorize the Finance Director to make a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, in the amount of $22,222 with the finding that it is in the best interest of the City Fiscal Impact: $82,222 - Account No. 6630-69201 (Technology Replacement-ISF, Equipment) Purpose:

To purchase and deploy (3) new UPS units in the (3) IT server rooms.

Council's Strategic Goal:

This item addresses City Council's Strategic Goals of fiscal responsibility and public safety by upgrading the City's battery backup systems, allowing the City's server and network infrastructure to be available continuously even in the event of a power outage. Server and network availability is critical for City operations, especially emergency services.

Background:

The City utilizes APC UPS's (Uninterruptible Power Supplies) in all server and network locations.

These UPS's supply power to critical equipment in the event of a power outage or inconsistent/dirty power. The City has (3) main server rooms that utilize very large UPS's in order to provide continuous power to all equipment within the room. The current units were all purchased in 2013. In 2018, the City replaced the batteries in these units to extend the life of the unit. These units are now beginning to fail and are in need of replacement.

Analysis:

Staff worked with Quest Media & Supplies, Inc. of Roseville, CA, to develop the specifications and requirements for these replacement units. The City and Quest found that the APC Smart-UPS Modular Ultra units would best meet the needs of the City and provide reliable backup power in the event of a

power outage. Quest is able to utilize the California Multiple Awards Schedule (CMAS) to provide the best pricing for the City. As part of the 2023/24 budget adoption, Council allocated $60,000 for the replacement of these (3) units. Due to the increased costs for equipment, specifically batteries and supporting electronics, staff is asking for a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, to cover the increase in costs. The unallocated fund balance is currently $2.1M.

Fiscal Impact:
$82,222 - Account No. 6630-69201 (Technology Replacement-ISF, Equipment) Alternatives:

1. Recommend staff replace the batteries and power modules in the existing units a second time. This would cost roughly $99K and extend the life another 5 years.

2. Recommend staff find less expensive alternatives that fit within the existing budget. Staff is familiar with APC products and have been using them for over 20 years. Alternative products would introduce unknown quality and performance in an area that demands reliability and up-time.

Recommendation:

Adopt a Resolution awarding the purchase to Quest Media & Supplies, Inc. for the procurement of (3) APC Smart-UPS Modular Ultra batteries in the amount of $82,222 utilizing the CMAS contract; and authorize the Finance Director to make a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, in the amount of $22,222 with the finding that it is in the best interest of the City Attachments:

1. Purchase of APC Smart-UPS - Resolution
Prepared By: Submitted By:

Brian Hansen
IT Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE TO QUEST MEDIA & SUPPLIES, INC. FOR THE PROCUREMENT OF (3) APC SMART_UPS MODULAR ULTRA BATTERIES IN THE AMOUNT OF $82,222 UTILIZING THE CMAS CONTRACT; AND, AUTHORIZE THE

FINANCE DIRECTOR TO MAKE A SUPPLEMENTAL APPROPRIATION UTILIZING UNALLOCATED FUND BALANCE FROM FUND 622, COMPUTER REPLACEMENT FUND, IN THE AMOUNT OF $22,222
WHEREAS, the City of Yuba City desires to purchase and deploy (3) new UPS units in the (3) IT server rooms; and
WHEREAS, the existing UPS units are ten years old and are starting to fail; and WHEREAS, Quest Media & Supplies, Inc. has provided a proposal for the purchase of (3) APC Smart-UPS Modular Ultra units; and
WHEREAS, the City desires to award the purchase to Quest Media & Supplies, Inc. for the procurement of (3) APC Smart-UPS Modular Ultra units in the amount of $82,222 utilizing the California Multiple Awards Schedule (CMAS) with the finding that it is in the best interest of the City.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The City Council hereby awards, in the amount of $82,222, to Quest Media & Supplies, Inc. of Roseville, CA for the purchase of (3) APC Smart-UPS Modular Ultra units, and finds that the award is in the best interest of the City.

2. The City Council hereby authorizes the Finance Director to make a supplemental appropriation utilizing unallocated fund balance from fund 622, Computer Replacement Fund, in the amount of $22,222.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. Proposal from Quest Media & Supplies, Inc.

EXHIBIT A

Date
Aug 10, 2023 04:34 PM PDT
Modified Date
Aug 17, 2023 03:30 PM PDT
Quotation (Open)
Quote #
198944 - rev 1 of 1
Description
APC Smart-UPS Modular Ultra
SalesRep
Drehobl, Kerry
(P) 916-338-7070
Customer Contact
Hansen, Brian
(P) (530) 822-4785
[email protected]
Customer
City Of Yuba City (4315)
Hansen, Brian
1201 Civic Center Blvd
Yuba City, CA 95993
United States
Bill To
City Of Yuba City

PAYABLE, ACCOUNTS
1201 Civic Center Blvd.

Yuba City, CA 95993
United States
Ship To
City Of Yuba City

DEPT, RECEIVING
1201 Civic Center Blvd.

Yuba City, CA 95993
United States
Customer PO: Terms:

Undefined
Ship Via:

UPS Ground
Special Instructions: Carrier Account #:
# Description Part # Tax Qty Unit Price Total
1 APC Smart-UPS Modular Ultra
APC Smart-UPS Modular Ultra On-Line 15kW 9U Rackmount, Scalable to 15kW N+1 Redundant 208/240V, Touchscreen, Network Management Card
SRYL15K15RMX
LT
Yes 3 $24,964.00 $74,892.00
The above quote is being provided per customer request. Supply subject to availability. Quest has not evaluated the suitability or compatibility of the product within the Customer's technology environment. Similarly, Quest does not warrant that the functions of the product or software will meet Customer's requirements or that the product or software will operate in combination with other products selected by Customer or Customer use. Please be advised that many software and product manufacturers will not accept returns, which may affect your ability to return or exchange newly purchased products and software. Quest can provide, upon request, Professional Services to assist in determining suitability and compatibility of products or software within customer's technology environment. Shipping charges and taxes are estimated. All charges are subject to change without notice. Client is responsible for all charges and taxes unless specifically agreed upon by both parties. This quoted price includes an additional

3.5% discount for payment made in cash or check, not involving the use of a credit card. Payment made by credit card will waive this discount. By purchasing any products, Client agrees to abide by Manufacturer’s terms and conditions. Terms and conditions can change at any time. Client is responsible for being aware of those changes. Any reference to Client’s own terms or conditions within the PO shall be for informational purposes only and shall not be construed as acceptance by Quest of Client’s terms and conditions.

Quotes are valid for 30 days and subject to verification of manufacturer's pricing at time of order.

Remit payments to: Quest, PO Box 8259, Pasadena, CA 91109-8259 CMAS Contract 3-20-70-0133DB
Quest and Q are registered trademarks of Quest Media & Supplies, Inc.

Subtotal: $74,892.00
Tax (7.2500%): $5,429.67
Shipping: $1,900.00
Total: $82,221.67

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Public Works Fiscal Year 23/24 Second Quarter Budget Adjustments Recommendation: Authorize the Finance Director to make transfers within the 7120 Water Treatment Plant and 8120 Wastewater Treatment Facility operating budget accounts as listed in Attachment 1, including supplemental appropriations in the amount of $20,000 from unallocated water funds to the 7120 Water Treatment Plant operating budget and in the amount of $120,918 from unallocated wastewater funds to the 8120 Wastewater Treatment Facility operating budget Fiscal Impact: $20,000 – Acct. No. 7120 Water Treatment Plant Water Attorney, Weed Abatement, and Chemicals

$120,918 – Acct. No. 8120 Wastewater Treatment Facility Specialty Contract Services, Weed Abatement, and Chemicals Balances are based on projected need. The actual costs will vary based upon usage.

Purpose:

To provide the necessary funding for essential services and chemicals for Water Treatment Plant (WTP) and Wastewater Treatment Facility (WWTF) operations in response to changes in industry pricing and supply.

Council’s Strategic Goal:

This item addresses Council’s strategic goals of Fiscal Responsibility and Infrastructure by providing appropriate funding to support utility operations through conscientious budgeting efforts.

Background:

The WTP and WWTF require a wide variety of specialty materials and services to support the treatment processes, including bulk chemicals, facility maintenance, legal support, and byproduct disposal. These needs can be difficult to project during the annual budget cycle due to their specialized or proprietary nature and relationship to variable regulatory requirements and environmental conditions. Additionally, these vendors often will either not provide new fiscal year prices ahead of the City’s budget deadlines or will adjust them early in the fiscal year in order to better meet their cost-recovery needs.

Subsequently, Public Works staff has identified a number of operating account lines which need adjustment in order to accommodate these updated expenditure projections for the fiscal year.

Analysis:

Water and Wastewater Treatment Chemicals:

Economic and supply changes have continued to impact the price and reliable delivery of bulk chemicals for water and wastewater treatment. Public Works attempted to account for this anticipated increase during the Fiscal Year 23/24 budget process prior to the annual bid results by evaluating multiple years of chemical usage and the economic state of the industry. Nevertheless, prices for the fiscal year are significantly beyond those initial estimates for a number of the chemical accounts which, therefore, need to be adjusted in order to fund the critical purchases.

Fortunately, staff has been able to identify available funds within the other chemical accounts which may be transferred in order to cover the majority of the shortfall, as shown in Attachment 1. Treatment plant operations and maintenance staff continuously monitors for opportunities to gain efficiencies and reduce chemical usage; however, chemical use is often dependent on environmental factors, such as weather and water availability, and the cost reductions within these accounts may not be permanent.

Weed Abatement Services:

The Citywide weed-abatement services contract, currently provided by Barrow’s Landscaping, Inc., is billed out of numerous funding sources and operating accounts based on the cost of maintaining each property. In previous years, this has been encumbered out of the general weed control chemical accounts 7120-63720 and 8120-63720 for the treatment plants, which are also used for pesticides and herbicides applied by staff during routine maintenance. In order to more accurately track the service costs, they will now be charged to a dedicated account line, 63643. Sufficient funding exists in the weed control accounts to fund both the annual services for this fiscal year and any necessary purchases of weed control supplies for facility maintenance.

Water Attorney Services:

Public Works utilizes the services of a specialty law firm, Somach, Simmons, and Dunn, for water rights and supply legal issues. It is critical to have legal representation with specific water expertise to protect and improve the City’s access to clean and safe drinking-water sources. Staff has reviewed the last two quarters of expenditures with Somach, Simmons, and Dunn, the firm’s increased rates, and the scope of work necessary for the year and recommends increasing the dedicated account, 7120-62719 (Water Attorney), from $60,000 to $100,000. This is within the $150,000 sole source amount authorized by Council on June 20, 2023 as part of the Fiscal Year 23/24 Citywide Sole Source item.

Biosolids Hauling Services:

The WWTF produces solid waste as a byproduct of the treatment process, known as biosolids, which must be hauled from the facility for disposal. Recology Yuba-Sutter provides biosolids hauling as part of the City’s current franchise agreement and utilizes the biosolids to provide cover for the landfill.

Recology has requested the addition of a fuel surcharge of $5 per load to mitigate the ongoing impact of fuel prices on their operations. This surcharge is allowable per the current agreement language. Staff projects an additional need of $25,000 in Account No. 8120-62759 (Specialty Contract Services) to accommodate this rate increase.

Fiscal Impact:

In order to process the remaining contracts and encumber the additional funds for Fiscal Year 23/24, Public Works is requesting authorization to transfer funds amongst the 7120 and 8120 chemical operating accounts and to appropriate $20,000 from unallocated water funds and $120,918 from unallocated wastewater funds to the requested service and chemical budget line items, as enumerated in Attachment 1. While there may collectively be cost savings within the water and wastewater operating funds throughout the year, Public Works does not recommend transferring further from within the operating budgets this early in the fiscal year given fluctuating prices for other materials, supplies, and services at this time.

As increased prices are anticipated to continue into the near future per utilities industry representatives, CIP funding may be limited in Fiscal Year 24/25 to fund the increased operational budget needs. The City’s ongoing water and wastewater rate study will evaluate the long-term fiscal impacts of changes in materials, supplies, and services pricing and availability on the operating budget funding needs for future years, which will be utilized for recommending rates in the next Proposition 218 process.

Alternatives:

Reduce one or more of the budget line item adjustment requests and direct staff to return to Council should further funding be required.

Recommendation:

Authorize the Finance Director to make transfers within the 7120 Water Treatment Plant and 8120 Wastewater Treatment Facility operating budget accounts as listed in Attachment 1, including supplemental appropriations in the amount of $20,000 from unallocated water funds to the 7120 Water Treatment Plant operating budget and in the amount of $120,918 from unallocated wastewater funds to the 8120 Wastewater Treatment Facility operating budget.

Attachments:

1. Attachment 1 - PW FY 23-24 Second Quarter Budget Adjustments Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

Public Works Fiscal Year 23/24 Second Quarter Budget Adjustments Account No. Account Name Current Proposed Delta
Water Fund
7120-62719 Water Attorney $ 60,000.00 $ 100,000.00 $ 40,000.00 7120-63643 Weed Abatement Services $ - $ 22,000.00 $ 22,000.00 7120-63701 Chemicals $ 35,000.00 $ 10,000.00 $ (25,000.00) 7120-63703 Alum $ 150,000.00 $ 165,000.00 $ 15,000.00
7120-63704 Carbon $ 35,000.00 $ 20,000.00 $ (15,000.00) 7120-63706 Polymer $ 30,000.00 $ 35,000.00 $ 5,000.00
7120-63707 Lime $ 225,000.00 $ 250,000.00 $ 25,000.00
7120-63708 Fluoride $ 70,000.00 $ 60,000.00 $ (10,000.00) 7120-63714 Citric Acid $ 30,000.00 $ 15,000.00 $ (15,000.00) 7120-63720 Weed Control $ 30,000.00 $ 8,000.00 $ (22,000.00) Total Unallocated Water Fund Impact: $ 20,000.00
Wastewater Fund
8120-62759 Specialty Contract Services (Biosolids) $ 575,000.00 $ 600,000.00 $ 25,000.00 8120-63643 Weed Abatement Services $ - $ 3,200.00 $ 3,200.00 8120-63702 Chlorine $ 550,000.00 $ 500,000.00 $ (50,000.00) 8120-63720 Weed Control $ 104,782.00 $ 60,000.00 $ (44,782.00) 8120-63732 Oxygen $ 600,000.00 $ 675,000.00 $ 75,000.00 8120-63733 Polymers $ 530,000.00 $ 650,000.00 $ 120,000.00 8120-63735 Sodium Hydroxide $ 10,000.00 $ 7,500.00 $ (2,500.00) 8120-63739 Ammonium Polyphosphate $ 5,000.00 $ - $ (5,000.00) Total Unallocated Wastewater Fund Impact: $ 120,918.00

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Rexel Integrated Services Agreement Award
Recommendation: Adopt a Resolution awarding a five-year Integrated Services Agreement for support and service of the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility to Rexel USA, Inc. of Sacramento, CA in the amount of $169,905, with the finding that it is in the best interest of the City
Fiscal Impact: $169,905 ($33,981 per year)
$33,981 – 7120-63433 (WTP Specialty O&M – Instrumentation) $135,924 – 8120-63433 (WWTF Specialty O&M – Instrumentation) Purpose:

To provide remote and on-site support and repair services for the Water Treatment Plant (WTP) and Wastewater Treatment Facility (WWTF) Rockwell Automation instrumentation systems and equipment.

Council’s Strategic Goal:

This item supports Council’s Strategic Goals of Fiscal Responsibility and Public Safety by securing cost savings for the vendor support required for safe operation and maintenance of the utilities instrumentation technology.

Background:

The water and wastewater treatment processes and equipment are monitored by complex electronic and instrumentation systems, under the brand name Rockwell Automation. While day-to-day operations are successfully managed by the City’s in-house instrumentation staff, it is critical to have an ongoing support and service contract with the manufacturer for remote and field services, troubleshooting, and training. Therefore, Public Works annually enters into an Integrated Services Agreement with the manufacturer, Rexel USA, Inc. of Sacramento, CA (Rexel).

Analysis:

Public Works and Rexel have developed a five-year Integrated Services Agreement, which allows the team to proactively manage the Rockwell Automation system together and provides the ability to flexibly coordinate projects and system needs across multiple years. The proposed contract results in

an estimated 10-12% cost savings compared to single-year contracts and locks in the Fiscal Year 23/24 rate for all five years of the agreement through October 2028.

Fiscal Impact:

The total cost of the five-year agreement is $169,905, paid in annual installments of $33,981. Costs are divided based on use and system needs, 20% for the Water Treatment Plant (Account No. 7120- 63433) and 80% for the Wastewater Treatment Facility (Account No. 8120-63433). Sufficient funding is already budgeted in these Specialty O&M – Instrumentation accounts each fiscal year.

Alternatives:

Do not approve the five-year agreement and direct staff to continue utilizing single-year agreements and/or individual service requests with Rexel.

Recommendation:

Adopt a Resolution awarding a five-year Integrated Services Agreement for support and service of the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility to Rexel USA, Inc. of Sacramento, CA in the amount of $169,905, with the finding that it is in the best interest of the City.

Attachments:

1. Attachment 1 - Resolution Rexel Agreement Award

2. Exhibit 1A - Rexel Agreement Proposal #7000844
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AWARDING A FIVE-YEAR INTEGRATED SERVICES AGREEMENT

FOR ROCKWELL AUTOMATION INSTRUMENTATION SYSTEM
SUPPORT TO REXEL USA, INC. OF SACRAMENTO, CA IN THE
AMOUNT OF $169,905
WHEREAS, the City of Yuba City requires highly complex, reliable electronic and instrumentation systems to safely and accurately operate the Water Treatment Plant and Wastewater Treatment Facility; and
WHEREAS, the City’s water and wastewater facilities are operated by Rockwell Automation brand instrumentation systems, which are manufactured, supplied, and supported by Rexel USA, Inc.; and
WHEREAS, it is critical that the City secure ongoing remote and on-site support and service by the manufacturer to support Public Works Department staff in the maintenance of the instrumentation system and equipment; and WHEREAS, Rexel USA, Inc. of Sacramento, CA as manufacturer is the sole provider of these necessary services and has provided satisfactory services and equipment to the City for many years; and
WHEREAS, the City desires to award a five-year Integrated Services Agreement to Rexel USA, Inc. of Sacramento, CA in the amount of $169,905 for support of the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility, with a contract term of October 28, 2023 through October 27, 2028.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The City Council finds that an award to Rexel USA, Inc. is appropriate on grounds including that Rexel is the sole provider of support services for the Rockwell Automation brand instrumentation system. It would not be feasible to conduct a competitive Request for Proposals process due to the specialty nature of the proposed work. This exemption from competitive bidding is authorized per Municipal Code Section 2-6.14. As such, the City Council finds that it is in the best interest of the City to make a sole source award to Rexel USA, Inc. of Sacramento, CA for five (5) years of support services for the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility.

2. The City Council hereby awards a five-year Integrated Services Agreement in the amount of $169,905, to be paid annually in installments of $33,981, to Rexel USA, Inc. for support services for the Rockwell Automation instrumentation systems at the Water Treatment Plant and Wastewater Treatment Facility, and finds that the award is in the best interest of the City. The City Council further authorizes the City Manager, or designee, to enter into an Integrated Services Agreement with Rexel USA, Inc. for these services, with the terms of this Resolution and the material terms of the proposal attached hereto as Exhibit 1A and incorporated herein by reference, and subject to approval of the agreement as to legal form by the City Attorney.

3. The Integrated Services Agreement shall commence on October 28, 2023 and conclude on October 27, 2028.

4. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. Rexel Agreement Proposal # 7000844

EXHIBIT 1A

City of Yuba City
701 Northgate Dr.

Yuba City, CA
Rexel Advantage Support
Agreement Proposal # - 7000844
FRIDAY, SEPTEMBER 1, 2023
PRESENTED TO: Brian Pustejovsky
City of Yuba City
701 Northgate, Yuba City, CA
PROPOSED BY: Rexel USA, Inc.

Noelle Tong-Villanueva

City of Yuba City
7000844
Contents
1 REVISION HISTORY ........................................................................................................................ 3 2 EXECUTIVE SUMMARY .................................................................................................................. 4 3 REXEL SCOPE OF AGREEMENT ................................................................................................... 5

3.1 Remote Support ................................................................................................................................ 6

3.2 Professional Assessment .................................................................................................................. 6 Plant Reliability and Install Base and/or Network Evaluation ............................................................ 6

3.3 Temperature Evaluation .................................................................................................................... 6

3.4 Facility Safety Review .............................................................................................. …………………7

3.5 Product Life Cycle Planning/ Consultation…………………………………………………………………7

3.6 Rexel Technican Block of Time ......................................................................................................... 7

3.7 Training/ Learning+ .......................................................................................................................... 7

3.8 Agreement Manager.......................................................................................................................... 8

3.9 Rockwell Remanufacture Fund ......................................................................................................... 8 4 CITY OF YUBA CITY COMMITMENT AND CLARIFICATIONS ...................................................... 9 5 PRICING ......................................................................................................................................... 10 Payment Terms: ......................................................................................................................................... 10 6 TERMS AND CONDITIONS ........................................................................................................... 11

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1 REVISION HISTORY
Revision Date of Revision Description of Change
R3 8/31/23 5 year Proposal Generation

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2 EXECUTIVE SUMMARY

ABOUT US
Rexel is a global expert in multi-channel distribution for the energy world, offering a range of innovative solutions backed by responsive and dependable support. Rexel uses its extensive knowledge base and capabilities to address the sophisticated electrical challenges of the industrial, commercial, and residential markets. Founded in 1967, Rexel’s operates in 38 countries employing over 30,000 people in 2,200 branches. With over 200 facilities and 10 distribution centers in the U.S. your Rexel team is never far. Throughout the United States, Rexel Automation Solutions is an Authorized Rockwell Automation Service Provider and Distributor. Our established partnerships with Rockwell Automation and other leading technology manufacturers ensure you have access to the highest quality products, when and where you need them, while receiving best-in-class support from Rexel service experts.

OUR MISSION
At Rexel Automation Solutions, we strive to improve how customers connect with the supplies, solutions, and services they need to execute their smart manufacturing objectives. The multi-purpose industrial services highlighted in this proposal are designed to support manufacturers profitable growth with a simple, flexible, scalable, and accessible agreement. Our services provide customers with real time data to make strategic plans that improve automation spend, network communication reliability, and overall equipment effectiveness. When you’re faced with challenges of increased productivity, speed to market, safety, network security, and quality assurance, you can count on Rexel to deliver measurable value and return on your investment.

OUR APPROACH
Rexel's unique insight into your manufacturing challenges and opportunities is key to how we can help you succeed. From the plant floor to the cloud, our deep experience in industrial environments provides unparalleled expertise in production operations as we help manufacturers mitigate risk and become more productive. By embracing new technologies, encouraging innovation, discovering new opportunities, and pursuing service-rich solutions, we are redefining how critical manufacturers compete within their competitive landscape. Rexel places the highest value on extending and expanding the long-term business relationship with our clients. Rexel’s Support Agreements offer an ongoing partnership that provides a suite of core support services enabling you to maximize the value of your automation investments across your facilities. Our portfolio of plant services has helped some of the world’s most successful companies improve reliability, increase productivity, and augment workforces. We welcome the opportunity to partner with you on all your electrical automation products and services.

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3 REXEL SCOPE OF AGREEMENT
Rexel places the highest value on our long-term business relationship with City of Yuba City. The following defines the key deliverables of the Rexel Agreement and the approaches that Rexel is going to take throughout the term of the contract to ensure a successful business partnership.

3.1 REMOTE SUPPORT: INTEGRATED SERVICE AGREEMENT – ESSENTIAL LEVEL An Integrated Service Agreement from Rockwell Automation brings together the complete suite of core services required to enable you to maximize the value of your Rockwell Automation investments across your facility. This Agreement combines the core elements of remote support, repair services and field labor into a single agreement that is easy to maintain, measure and interact with. These services are then enhanced with an integrated delivery approach making it easier to do business with Rockwell Automation and ensuring a best-in-class experience that offers access to the services required when needed. Additionally, this agreement can provide information regarding your installed base to help better understand your lifecycle investment. We include proactive reporting that offers key visualizations and insights to the agreement usage, as well as engagement with contract management to ensure you are getting the value expected from the agreement.

The multi-tiered model and approach allows flexibility to select the right package of offerings to meet your needs, with customizable options to better align the goals and requirements of your facility.

3.1.1 Summary of Included Services and Service Level Definitions: Automation & 0-350HP RA Drives Support x 5 years
Service Levels & Content Overview Service Options
Remote Support 24x7x365 System Level Support
Annual Repair Agreement Limit* USD 6,000.00

3.1.2 Remote Support Service

3.1.2.1 Service Description
24x7 System Support allows Customer’s calls to be routed to a group of technical support engineers with proven expertise in Rockwell Automation control systems. Our engineers have deep knowledge of our products, software and legacy hardware and can use remote desktop technology to help troubleshoot or configure products quickly. You will work with a single engineer who manages your cases through resolution and follow-up. Access is available 24x7x365.

Customers can also take advantage of the Knowledgebase, their online resource for technical information, support and assistance.

The Knowledgebase can assist you in increasing productivity by finding solutions to technical questions more quickly – saving both time and money. The Knowledgebase is updated with the hardware and software solutions from actual support cases. These updates are incorporated dynamically.

System Support includes the following support elements:
• Welcome Kit: Essential support agreement information / Support authorization number / Local support telephone number / User guide
• Real-time, System-Level Support: Standard product and programming software / Advanced software / Proactive follow up / Single-point resolution
• Advanced Engineering Expertise: Get support from system-level support engineers that have multiple years of experience in the industrial automation industry
• Software Maintenance: Online software update downloads • Genius Webinars: Extend and apply knowledge gained via access to on-demand library of online technical seminars

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• Online Support Center Access: Knowledgebase tech notes / Interactive forums / Product notifications / Manage service tickets / Submit questions via email
• Learning+ savings and exclusive access: Customers with an active remote support agreement receive discounts and extended access to Learning+ modules offered by Rockwell Automation Rockwell Automation will provide 24x7 Remote Support coverage to Customer for the Rockwell Automation Product Families & software serial numbers listed in Section 1.1.6 Remote Support Coverage Details.

Support included with new Licenses purchased during the agreement term as a Perpetual License with Maintenance and/or Subscription is not covered by this scope of work. The support included with new software purchases will have a maintenance value included at the time of purchase which will be treated as additive to this agreement. Renewal of these purchases will occur in the Rockwell Automation software portal as a separate agreement.

3.1.2.2 Definitions of Common Terms Used in Services
Technical Phone Support: Rockwell Automation phone support provides technical assistance for installation, configuration, troubleshooting, diagnosis, basic instruction programming and best practice recommendations. With an unlimited phone support agreement, Customer can call as often as needed throughout the term of your Agreement.

Case Handling: Rockwell Automation handles cases that require further investigation as a priority with automatic escalation procedures, and call Customer back to provide a progress update if an answer is not immediately available.

Case Resolution Follow-up: For cases where Rockwell Automation could not confirm resolution on the initial call, Customer will receive a proactive follow-up within one business day (target response) to confirm that the problem was resolved or continue troubleshooting, if necessary.

3.2 PROFESSIONAL ASSESSMENT
Rexel will evaluate the previous 2 years assessments and provide data/ pricing refresh.

Rexel will also provide an additional 15-25 panel audit as requested by City of Yuba City, or 2 days of Data Analytics time each year of the contract. (>$15K Value)

3.3 TEMPERATURE EVALUATION
A temperature evaluation quickly identifies problem areas and offers compelling evidence of excess heat that can affect performance and potentially damage your critical equipment. Rexel will then recommend thermal management solutions to help you minimize downtime and reduce maintenance costs, if needed. During the evaluation, Rexel will inspect the enclosure, perform a temperature check, and provide recommendations of the findings.

3.4 FACILITY SAFETY REVIEW
Rexel to provide a LOTO – Facility Assessment or up to 5 placards yearly, or $25K towards LOTO total for the 5 year life of the contract.

This Assessment will catalog all items requiring LOTO and Type (1,2,3 etc.) so a scalable quote can be delivered to implement LOTO compliance in any needed areas. The fund for the actual Fixed price LOTO quotation may come out of the Rexel BOT part of the contract if desired.

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3.5 PRODUCT LIFE CYCLE PLANNING
Rexel will meet with the plant engineering/maintenance to deliver product and application reviews to ensure the City of Yuba City has knowledge of modern technology.

Rexel will utilize information from the install base in the plant to provide insight on areas to maximize the asset reliability and update and optimize asset investment. Rexel to meet with City of Yuba City twice a year for product life cycle planning.

3.6 REXEL BLOCK OF TIME
This agreement will provide City of Yuba City access to a Rexel service person that will work under the direction of the City and may be used on an as-needed basis.

This agreement includes 40 hours/ $7,000 yearly for 5 years = $35,000 Total for the 5-year life of the contract Value over life of contract >$42K
Labor is time spent working at City of Yuba City’s request, either on-site or off-site.

Rexel’s Contracted hourly charge will be applied to billable labor time incurred for services allowable under this agreement. (John Hanna/ Prosoft Support, Anthony DeSousa -Technical support) Waiting time is non-working time spent waiting at City of Yuba City’s request or due to circumstances beyond Rexel's' control due to job site conditions. It will be deducted from the contract value per the rate schedule that is applicable for the time of day and day of the service.

The value of this Agreement may be redeemed for, but not limited to, the following on-site support activities:

Labor services related to Industrial Automation Equipment, Software support, and assistance with Migration plans (Variable Frequency AC Drives, Controls, SLCs, PanelView systems, etc); ASP-LOTO Assessment, ProSoft Support.

This proposal is based on Standard hours – Monday – Friday, 8am to 5pm.

Weekends and Holiday’s are NOT included.

3.7 TRAINING ENTITLEMENTS
Every Year for 5 years (Value > $35K total for 5 years) :

Access to Learning+ content through Learning Management System (LMS).

Learning+ subscription for
Single User
Catalog: LP-SU
As an annual subscription holder, the student will have access to automation course content available within the Rockwell Automation Digital Learning Library and unlimited access to scheduled Virtual Instructor Led training for 12 months.

This offering does not provide supervisor account availability. (3) Students to attend Virtual, Live Instructor Led NFPA70e Compliance Training- Shock and Arc Flash Class.

3.8 AGREEMENT MANAGER
A designated agreement manager will work directly with City of Yuba City to ensure a successful engagement. He/She will proactively work with the City of Yuba City team to provide data driven analytics to maximize asset reliability and uptime

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and help optimize installed based investment. He/She will document your goals for the agreement, manage all elements of the agreement. and work collaboratively with the City of Yuba City team.

3.9 ROCKWELL REMANUFACTURE FUND

3.9.1.1 Service Description
Rexel via Rockwell Automation will provide Remanufacturing and Exchange Services for the equipment/site identified for the term of this contract at a fixed fee amount. This fund can only be used for RA Reman/ Exchange services.

The funded dollar amount “goes further” as the City will get an ECONOMY level service deduction from the fund while receiving (when available) a STANDARD or PRIORITY EXCHANGE service.

Annual Repair Agreement Value
USD 6,000.00* x 5 years
this is $6k yearly, not $30K total for the 5 years in a given year Total value is approx. $40,000

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4 CITY OF YUBA CITY COMMITMENT AND CLARIFICATIONS
• City of Yuba City will provide dedicated and available personnel knowledgeable in the process, operation, control system, and facility layout to assist Rexel Field Service Professional(s) during onsite visits/service calls. • Make the equipment or process available to Rexel representative during the mutually agreed upon schedule.

Ensure Rexel has unencumbered access to all the machinery. Standby-time or idle time waiting for access to the machinery or customer personnel is not required.
• City of Yuba City retains all liability with respect to their interpretation and implementation based on the assessment.
• City of Yuba City to identify any special requirements for access to the machine prior to Rexel providing a proposal (Gowning, Clearance Requirements, Photo Restrictions, hours of operation of the equipment, access to customer representatives for asking questions about the equipment, non-Disclosure requirements, etc.)
• City of Yuba City to provide identification badges, access permissions, and escorts to permit the performance of any task required on-site.
• Access to System - City of Yuba City will make the process and systems available to Rexel during mutually agreed upon scheduled service engagements for the purpose of implementing the services and equipment described in this statement of work.
• All mechanical and electrical installation and work to be installed and managed by City of Yuba City and/or their selected contractor.
• RoHS: Customer supplied/specified products will meet all applicable material restrictions as defined in RoHS. If it does not, City of Yuba City will notify Rexel prior to shipment of Customer supplied/specified products to Rexel.

City of Yuba City will indemnify Rexel against any claim arising out of Rexel’s use of City of Yuba City supplied/specified products.
• SAFETY AND SUBSTANCE ABUSE: Rexel will comply with its own Substance Abuse Policy which meets the intent of the Drug Free Workplace Act and all other legal requirements regarding drug testing. A copy of this policy can be supplied upon request.
• JOB SITE SAFETY: If the Rexel Delivered Services Field Service Professional deems any situation to be unsafe, Rexel Delivered Services may choose to refuse service. The following activities may occur:
o Review Customer plant safety policies and procedures
o Survey work environment for personnel safety
o Validate clearances for serviceability.
o Verify Customer locked-out/tagged-out breaker feeding the equipment Obtain safety equipment from Customer (if applicable)

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5 PRICING
• Rexel Inc.’s price is based on the Rexel Support Agreement – Edge + Agreement.

Date of Agreement (estimated): 10/28/2023 – 10/27/2028.

Payment Cadence Annually x5
Total PO Amount = $169,905.00
Yearly Agreement = $33,981 Annually
PAYMENT TERMS:
• Net thirty (30) days or your standard agreed upon terms. • Quotation expires in 30 days. All prices are provided in U.S. Dollars, applicable taxes are not included. • Please issue Purchase Order to:

Rexel Holdings USA
Attn: Noelle Tong-Villanueva
Ref: 99160153
Email: [email protected]
6 TERMS AND CONDITIONS
Terms and Conditions for the proposed Rexel Support Agreement Rexel Service Agreement
Commitment of Sale Through Distribution

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Lift Station 2 Rehabilitation Project - Contingency Increase Recommendation: Adopt a Resolution authorizing an increase in the construction contingency of $75,480.00 with a finding that it is in the best interest of the City Fiscal Impact: $75,480.00 – Account No. 1105 (Lift Station Improvements) Purpose:

To maintain the City’s Wastewater Treatment Facility (WWTF) operational effectiveness through proactive rehabilitation and major maintenance.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goal of improving the City’s infrastructure.

Background:

The City’s wastewater collections system includes 17 lift stations, which were evaluated by the City’s consultant in the 2020 Wastewater Master Plan. Major rehabilitation of Lift Station 2 was recommended as a priority for completion within the first one to five years under the 2020 plan. Identified concerns include exposed aggregate and reinforcing bars in the wet well and the lack of a bypass discharge option for emergencies and shutdowns.

This project proposes the rehabilitation of the Lift Station 2 wet well, installation of new pumps, and construction of a new bypass connection. To rehabilitate Lift Station 2, a large bypass system will be utilized to divert all sewage flow during the construction process.

On June 6, 2023, Council awarded a construction contract to W.M. Lyles, Inc. (Lyles) of Fresno, CA to perform this work, as well as a professional services agreement with Inferrera Construction Management Group, Inc. (ICM) to perform construction management and inspection services during construction.

Analysis:

The project specifications call for the following Lift Station Wet Well (wet well) improvements:

• Wet well to be detergent steam cleaned
• Voids and cracks within the wet well to be repaired
• Exposed corroded reinforcement bars to be cleaned and patched to original concrete surface • Wet well to be coated
• New pumps installed
This work must be completed while a large and complex sewage bypass system is operating concurrently with the wet well rehabilitation to prevent a lapse in wastewater services. The bypass system was placed into operation on September 5th, 2023. Upon cleaning the wet well and preparing the surface for coating, two significant unforeseen conditions were uncovered.

Damaged Reinforcement Bars (Rebar)
ICM discovered that the existing exposed corroded rebar within the walls are corroded beyond applicable codes and standards. The corroded rebar will need to be further exposed and repaired or replaced, prior to contract work to patch back to original concrete surface. The additional cost to repair or replace the damaged rebar is estimated to cost approximately $35,000.00. This estimate includes additional concrete work to expose the rebar, rebar material, rebar primer, and time to perform the work.

Damaged Discharge Piping
ICM also discovered that the discharge piping and wall pipe penetrations for all three (3) pumps are pitted (localized holes through the pipe due to corrosion), and require full replacement. Due to the highly corrosive environment, the new piping installed will receive a separate corrosion resistant coating to help increase pipe longevity. The additional cost to replace the damaged pump discharge piping is estimated to be approximately $25,000.00. This estimate includes additional concrete work at pipe wall penetrations, new piping, new hardware, additional coating, and time to perform the work.

Bypass Pumping System
Performing the extra work above is estimated to extend the bypass operation by approximately four (4) weeks. The cost to operate the Bypass system for this additional period is approximately $60,000.00.

This estimate includes bypass rental equipment, fuel, maintenance personnel, and continued monitoring.

The items above are considered extra work because it was not possible to perform a detailed inspection of the wet well and discharge piping prior to installing and operating bypass system to allow steam cleaning of the wet well.

ICM has determined that the cost estimates are reasonable and consistent with industry standards.

Staff has authorized the rebar repair work and discharge piping replacement to keep the project moving forward in order to avoid Contract delays and additional costs. Lyles has shifted their efforts to correct conditions prior to coating and installing pumps.

Fiscal Impact:

With the construction contract award on June 3, 2023, Council authorized a total construction contract amount of $347,600.00 with a 20% contingency of $69,520.00.

With the unforeseen discoveries of damaged rebar, discharge piping, and bypass operation extension, staff is requesting an increase in the contingency of $75,480.00 determined as follows:
$35,000.00 – Damaged Rebar Replacement

$25,000.00 – Discharge Piping Replacement
$60,000.00 – Bypass Operation
$120,000.00 – Total additional construction funding required $44,520.00 – Less Construction Contingency remaining on project $75,480.00 – Total additional authorization requested
Capital Improvement Program (CIP) Account No. 981105 (Lift Station Improvements) has a current available balance of approximately $630,000.00.

Alternatives:

There is no reasonable alternative to performing the additional work described in this staff report.

Foregoing this work will compromise the wet well structure and delay the Construction Contract.

Recommendation:

Adopt a Resolution authorizing an increase in the construction contingency of $75,480.00 with a finding that it is in the best interest of the City.

Attachments:

1. Resolution – WWTF Lift Station 2 Rehabilitation Project – Contingency Increase Prepared By: Submitted By:

Nick Menezes
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING AN INCREASE IN CONSTRUCTION CONTINGENCY FUNDING FOR THE WWTF LIFT STATION 2 REHABILITATION PROJECT (21-24)
WHEREAS, on June 6, 2023, the City of Yuba City (City) awarded a construction contract to W.

M. Lyles, Inc., in the total amount of $347,600.00 for the WWTF Lift Station 2 Rehabilitation Project, with the finding that it is in the best interest of the City; and WHEREAS, with the award of said construction contract the City authorized a construction contingency amount of $69,520.00; and
WHEREAS, upon wet well detergent steam cleaning and subsequent field inspection activities it was discovered that the existing wet well reinforcement bars (rebar) are corroded beyond applicable codes and standards, thus requiring repair and replacement; and WHEREAS, upon wet well detergent steam cleaning and subsequent field inspection activities, it was discovered that the existing pump discharge piping and pipe wall penetrations were corroded and damaged beyond repair, thus requiring replacement; and WHEREAS, performing extra work to repair or replace rebar and replace discharge piping requires the bypass system to operate for approximately four (4) additional weeks; and WHEREAS, the City’s Construction Manager and Inspector have determined that proposed costs for rebar repairs, discharge piping repairs, and additional bypass system operation are reasonable and consistent with industry standards.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council hereby authorizes an increase in the construction contingency of $75,480.00, with a finding that it is in the best interest of the City.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 9

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: General Plan Amendment (GPA) 22-01 and Rezone (RZ) 22-02 associated with Tentative Parcel Map (TPM) 22-01 for the Ratliff Duplex Development (Continued from the September 19, 2023 regular meeting) Recommendation: Adopt a Resolution of the City Council of the City of Yuba City denying General Plan Amendment 22-01 and Rezone 22-02 for the Ratliff Duplex Development, located on 0.31 acre at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52-283-012 and -013)
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:

Consideration to deny General Plan Amendment (GPA) 22-01, Rezone (RZ) 22-02 associated with Tentative Parcel Map (TPM) 22-01 for the Ratliff Duplex Development.

Council’s Strategic Goal:

This item meets the City Council’s Public Safety Strategic Goal.

Background:

On September 19, 2023, the City Council conducted a public hearing for the Ratliff Duplex development that includes the following applications (GPA 22-01, RZ 22-02, and TPM 22-01 for the development of three duplexes on two existing parcels totaling 0.31 acre.

After conducting a public hearing where public testimony was received on the project concerning project traffic and parking, proposed residential density and building setbacks, the City Council unanimously (two Council members absent) to deny the applications and continued the matter to the October 3, 2023, meeting, and directed staff to prepare a resolution for denial that included the required findings.

Analysis:

Based on City Council direction provided after conducting a public hearing for this project on September 19, 2023, staff is returning with a proposed resolution to deny the Ratliff Duplex project for

GPA 22-01 and RZ 22-02.

Environmental Considerations:

The denial of proposed development applications is not subject to environmental review under the California Environmental Quality Act.

Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Alternatives:

The City Council may reconsider its decision to deny the Ratliff Duplex project.

Recommendations:

Adopt a Resolution of the City Council of the City of Yuba City denying General Plan Amendment 22-01 and Rezone 22-02 for the Ratliff Duplex Development, located on 0.31 acre at the southwest corner of Cooper Avenue and Frederick Street (Assessor’s Parcel Numbers 52-283-012 and -013) Attachments:

1. Proposed City Council Resolution to Deny GPA 22-01 and Rezoning 22-02 Prepared By: Submitted By:

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

ATTACHMENT 1

1 RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY DENYING GENERAL PLAN AMENDMENT 22-01 AND REZONE 22-052 FOR THE RATLIFF DUPLEX DEVELOPMENT LOCATED ON APPROXIMATELY 0.31 ACRE AT THE

SOUTHWEST CORNER OF COOPER AVENUE AND FREDERICK STREET
(ASSESSOR’S PARCEL NUMBERS 52-283-012 AND -013)
WHEREAS, the City received an application from James Ratliff for a General Plan Amendment to amend the General Plan Land Use Map from an LDR land use designation to a HDR designation (GPA 22-01), and a Rezoning for this property revising the zoning from a R-2 Zone District to the R-3X30 Zone District (RZ 22-02) in order to reduce minimum lot sizes, increase lot coverage and reduce rear yard sizes in order to accommodate Tentative Parcel Map (TPM) 22-01 that divides two parcels into three parcels for the 0.31 acre site (collectively “Project”).

Development that will result from this action will be provided full City services; and WHEREAS the X30 Combining Zone District was proposed to modify certain development standards in an effort to increase project densities. Proposed development standard modifications include allowing for reduced minimum lot sizes yard setbacks, garage setbacks and minimum required distances between buildings on the same lot. The purpose of these modifications is to accommodate a more compact project design; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 22-04) for the Project; and
WHEREAS, on May 24, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on the applications, GPA 22-01, RZ-22-02, and TPM 22-01, as well as EA 22-04, at which time it received input from City Staff, the applicant; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, the Planning Commission reviewed all associated documents prepared for the Project, including that related to the applications, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council of the City of Yuba City adopt a resolution adopting Environmental Assessment 22-04, approve GPA 22-01, and adopt an ordinance approving RZ 22-02.

WHEREAS, on September 19, 2023, the City Council conducted a public hearing to consider the GPA 22-01, RZ-22-02, and EA 22-04, and received both oral testimony and written information presented at the hearing regarding the same; and WHEREAS, during the public hearing additional public comments were received by the City Council from numerous residents from the area, which comments and information had not been provided to the Planning Commission and were not available to the Planning Commission when it initially made its recommendation to the City Council; and

2 WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter, and after review and consideration of the additional information provided during the public hearing, the City Council now desires to deny the project.

NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:

1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Finding. The California Environmental Quality Act does not apply to projects that are denied and are not carried out.

3. General Plan Findings. The City Council finds that the public necessity, general welfare, good planning practices, public interest, and convenience do not warrant approval of General Plan Amendment 22-01. Among others, denial is appropriate as:
a. Traffic Impacts: The proposed amendment would allow for additional density and number of dwelling units. This will result in additional traffic in the area. However, the area is already unusually congested as compared to other neighborhoods due to the project’s close proximity to the Yuba City High School, which is less than one block away. b. Parking Impacts: There is also a corresponding shortage of available parking in the area due to the more unusual parking load associated with the Yuba City High School as well as the existing needs of the surrounding area. Additional density of development of the project site (including associated visitors) will not only add to the existing conditions, but may effectively remove existing parking on the existing street frontage in order to accommodate additional driveway approaches associated with the additional proposed intensity of development.
c. Incompatibility: The residential density proposed is not consistent with the surrounding area and creates an incompatibility with the immediate surrounding neighborhood. Among others, the reduced building setbacks proposed are inconsistent with the setbacks existing in the surrounding neighborhood. This not only affects view sight lines, landscaping areas, and consistency, etc., but promotes shorter driveway lengths that can impact vehicle storage on the project site and can result in detrimental intrusions of parked vehicles into the sidewalk area.

4. Denial of General Plan Amendment 22-01. Based on the information and findings provided above, the City Council of Yuba City denies General Plan Amendment 22-01.

5. Rezone Finding: The City Council finds that Rezone 22-02 is inconsistent with the General Plan because General Plan Amendment 22-01 is denied and Rezone 22-02 is therefore not consistent with the approved General Plan. Additionally, Rezone 22-02 is not consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare, including for all of the reasons set forth in Section 3, above.

6. Denial of Rezone 22-02. Based on the information provided above, the City Council of Yuba City denies Rezone 22-02.

3 7. Effective Date: This Resolution shall become effective immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: CalRecycle Rubberized Pavement Grant - Signature Authority Recommendation: Adopt a Resolution authorizing the City Manager to execute and submit all necessary grant documentation for CalRecycle grants for a five-year period Fiscal Impact: Receipt of funds through the CalRecycle Rubberized Pavement Grant program in the amount of one dollar per square yard of asphalt rubber chip seal installed.

Purpose:

To secure road funding through the CalRecycle Rubberized Pavement Grant Program.

Council Strategic Goal:

Authorizing the City Manager to execute necessary documents related to the CalRecycle Rubberized Pavement Grant program addresses the City Council's Strategic Goal of maintaining infrastructure, as the funds from this grant will help directly fund the installation of road rehabilitation projects throughout the City.

Background:

The California Department of Resources Recycling and Recovery (CalRecycle) has issued a call for applications for their Rubberized Pavement Grant Program Fiscal Year 2023-24. The grant program provides up to $1.00 per square yard of reimbursement to the City for constructing Asphalt Rubber Chip Seals that use the required amount of recycled tires.

As part of the grant program, the application requires an authorizing resolution from the local agency authorizing the submittal of the grant application and empowering a designated individual to execute the necessary grant documents.

Analysis:

The Public Works Department is in the process of developing a 2024 Resurfacing Project. The project will include approximately 84,500 square yards of Asphalt Rubber Chip Seal. Public Works desires to apply for the Rubberized Pavement Grant Program through CalRecycle to offset construction costs.

The City has utilized the CalRecycle grant in the past with good results.

Fiscal Impact:

Minimal staff costs will be associated with the application and administration of the grant should the City obtain grant funding. The City is anticipating approximately $84,500 in grant funding. Additionally, since the Resolution will be effective for five years, the City will be eligible for future funding rounds of the Rubberized Pavement Grant Program.

Alternatives:

Do not authorize the City Manager the authority to sign the necessary documents. This is not recommended, it would render ineligible for the grant funds.

Recommendation:

Adopt a Resolution authorizing the City Manager to execute and submit all necessary grant documentation for CalRecycle grants for a five-year period.

Attachments:

1. Resolution - CalRecycle Rubberized Pavement Grant - Signature Authority Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF YUBA CITY IS ELIGIBLE.

WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs in furtherance of the State of California’s (State) efforts to reduce, recycle, and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an Applicant’s governing body to declare by Resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, be it Resolved by the City Council of Yuba City as follows:

1. The City Council of the City of Yuba City authorizes the submittal of applications to CalRecycle for all grants for which the City of Yuba City is eligible.

2. The City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City of Yuba City all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

3. These authorizations are effective for five (5) years from the date of adoption of the Resolution.

4. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 11

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 Rezone (RZ) 23-02 for the Bains – Bridge Street Project Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City to adopt Rezone 23-02 for the Bains – Bridge Street project located on approximately 0.68 acres on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Numbers 58-080-005), and waive the second reading Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Purpose:

To adopt Rezone (RZ) 23-02 for the Bains – Bridge Street project.

Council’s Strategic Goal:

This item meets the City Council’s strategic goal of business friendly.

Background:

The applicant, Parm Bains, filed an application for GPA 23-02 and RZ 23-02 to change the land use and zoning from Office and Office Park (C-O) to Medium-High Density Residential (R-3).

On July 26, 2023, the Yuba City Planning Commission conducted a public hearing, and the Planning Commission unanimously voted to adopt Resolution PC 23-15 recommending approval of GPA 23-02 and RZ 23-02 to the City Council together with Environmental Assessment 23-04. There was no opposition expressed by the public at the Planning Commission meeting.

On September 19, 2023, the City Council conducted a public hearing for GPA 23-02, RZ 23-02, and Environmental Assessment (EA) 23-04. The City Council voted 3-0, with two Councilmembers being absent, in approval of GPA 23-02 and EA 23-04 and voted to advance RZ 23-02 to a second reading on October 3, 2023.

Analysis:

The proposed rezone (RZ 23-02) will rezone 0.68 acres on the north side of Bridge Street approximately 300 feet west of Walton Avenue from the Office Commercial (C-O) Zone District to the

Multiple-Family Residential (R-3) Zone District.

No physical development is proposed at this time as part of this application.

Compatibility with neighboring uses:

With no development proposed it is not possible to fully consider the compatibility of the differing uses.

However, placing this higher density residential property next to high density residential on the north would likely result in apartments, garden apartments, condominiums, duplexes, etc. The property to the west is similarly designated at a lower medium density residential, likely resulting in duplexes.

Properties to the east are office type uses but the properties are back-to-back with a masonry wall between them, so compatibility should not be an issue. Across Bridge Street to the south there are single-family and multiple-family uses. There should be no compatibility issues with this proposal.

Traffic
Due to the parcel size (0.68 acre) of the proposed project, the proposal to change the zoning from office to multiple-family will not create a large traffic generation difference. The General Plan provides density requirements for multiple-family developments as 12-36 dwelling units per acre (DUA), which means that a 0.68-acre parcel could result in nine to twenty-four new multiple-family or duplex residential units. Both Bridge Street, on which the site fronts, and nearby Walton Avenue are within the City’s acceptable level of service standard of D or better. Any development resulting from this project will be required to provide any needed on-site Bridge Street improvements for auto, bicycle, and pedestrian facilities. As such, the potential impacts on nearby streets due to this project are considered to be less than significant.

Environmental Considerations:

An environmental assessment was prepared for this project (EA 23-04) in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.

Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends to the City Council adoption of a mitigated negative declaration for this project. The finding of the mitigated negative declaration is that, with the proposed mitigations for Table 2: Bordering Information and Uses
General Plan
Land Use Designation
Zoning Existing
Land Use
Project
Site
Medium-High Density
Residential (HDR) (proposed)
Multiple-Family Residential
(R-3) (proposed)
Vacant
North HDR R-3 Vacant
East Office and Office Park (O) Office-Commercial (C-O) Bank and office related uses.

West Low-Medium Density
Residential (MDR). Six to 14
residences per acre.

R-2 Vacant
South Low and Medium Density
Residential
R1 and R-3 Bridge St. with single-family
residential and multi-family
across the street.

Greenhouse Gases and Geology and Soils, and Tribal Cultural Resources, this GPA/RZ will not create any significant environmental impacts. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigations are included in the attached Mitigation Monitoring Program.

Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Alternatives:

1. Deny the application to approve Rezone 23-02

2. Provide staff with alternate direction
Recommendations:

Adopt an Ordinance of the City Council of the City of Yuba City to adopt Rezone 23-02 for the Bains – Bridge Street project located on approximately 0.68 acres on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Numbers 58-080-005), and waive the second reading.

Attachments:

1. City Council Ordinance

2. Planning Commission Staff Report Packet, dated July 26, 2023 Prepared By: Submitted By:

Ashley Potočnik
Development Liaison
Diana Langley
City Manager

ATTACHMENT 1

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO ADOPT REZONE 23-02 FOR THE BAINS – BRIDGE STREET PROJECT LOCATED ON APPROXIMATELY 0.68 ACRES ON THE NORTH SIDE OF BRIDGE STREET APPROXIMATELY 300 FEET WEST OF WALTON AVENUE (ASSESSOR’S PARCEL NUMBERS 58-080-005).

WHEREAS, the City received an application for a General Plan Amendment to amend the General Plan Land Use Map from an Office and Office Park (O) land use designation to a High Density Residential (HDR) designation, and a Rezone for this same property, revising the zoning from a C-O Zone District to an R-3 Zone District; and
WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 22-04) for the Project; and
WHEREAS, on July 26, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on the applications, GPA 23-02, RZ-23-02, as well as Environmental Assessment (EA) 23-04, at which time it received input from City Staff, the applicant; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, the Planning Commission reviewed all associated documents prepared for the Project, including that related to the applications, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission unanimously recommended the City Council of the City of Yuba City adopt a resolution adopting EA 23-04, approve GPA 23-02, and adopt an ordinance approving RZ 23-02.

WHEREAS, on September 19, 2023, the City Council conducted a Public Hearing to consider the GPA 23-02, RZ-23-02, and EA 23-04, and received both oral testimony and written information presented at the hearing regarding the same; and WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council now desires to approve the project; and WHEREAS, the City Council desires to approve RZ 23-02.

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

1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.

2. CEQA Findings: The City Council of the City of Yuba City has concurrently approved EA 23-

2 04 by adopting an Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program for the project. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. No further CEQA is required, as CEQA has been completed for this project.

3. Rezone Findings. The City Council finds that Rezone 23-02 is consistent with the General Plan as amended by General Plan Amendment 23-02. The City Council finds that Rezone 23-02 i) is consistent with the General Plan goals and policies as amended and as further described in the City Council’s Resolution approving General Plan Amendment 23-02; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project will allow for the creation of quality economic growth and development for the City.

4. Approval of RZ 23-02. Based on the information provided above, the City Council of Yuba City adopts an Ordinance approving RZ 23-02 and reclassify the zone districts for those districts as depicted in Exhibit “A,” which is incorporated by reference.

5. Severability. If any section, subsection, 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, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

7. Effective Date of Ordinance. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption and the City Council of the City of Yuba City adopts a final resolution authorizing amendment of the General Plan and identifying General Plan Amendment 23-02 as a component of the same.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 19th day of September 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 3rd day of October 2023, by the following roll call vote:

Ayes:

Noes:

Absent:

Recused:

3 CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Rezone Map, RZ 23-02
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

4 EXHIBIT A

5

ATTACHMENT 2

CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: July 26, 2023
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation by: Doug Libby, Deputy Development Services Director Subject: General Plan Amendment (GPA) 23-02, Rezone (RZ) 23-02, Bains - Bridge Street.

Recommendation: A. Conduct a Public Hearing and make the necessary findings to:

B. Adopt a Resolution of the Planning Commission of the City of Yuba City recommending the City Council approve Environmental Assessment 23-04 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, approve General Plan Amendment (GPA) 23-02 re-designating 0.68-acres from the Office and Office Park (O) land use designation to the Medium-High Density Residential (HDR) designation, and adopt an Ordinance approving Rezone (RZ) 23-02 rezoning the same 0.68 acres from the Office Commercial (C-O) Zone District to the Multiple-Family Residential (R-3) Zone District, for the Bains on Bridge Street project, located on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Number 058-080-005).

Applicant/Owner: Parm Bains
Project Location: The 0.68-acre parcel is located on the north side of Bridge Street approximately 300 feet west of Walton Avenue. Assessor’s Parcel Number (APN) 058-080-005
General Plan: Existing: Office and Office Park (O)
Proposed: Medium-High Density Residential (MDR)
Zoning: Existing: Office Commercial (C-O) Zone District Proposed: Multiple-Family Residential (R-3) Zone District ____________________________________________________________________________ Purpose:

Consideration of General Plan Amendment (GPA) 23-02, Rezone (RZ) 23-02 for the proposed Bains - Bridge Street project.

Item 5
2 Project Description
General Plan Amendment (GPA) 23-02 and Rezone (RZ) 23-02 (“Project”), proposes to amend the land use and zoning for a 0.68 parcel as farther outlined below. • GPA 23-02: Proposal to re-designate a 0.68-acre parcel (approximately 30,0000 square feet) from the Office and Office Park (O) land use designation to the MediumHigh Density Residential (HDR) designation. The HDR designation allows for a residential density range of 12 to 36 residences per acre, providing for a range of attached housing types including duplexes, and multiple-family housing types. The allowed density range translates to nine to 24 residences that could be constructed on this property if this GPA is approved; and
• RZ 23-02: Proposal to rezone the same 0.68 acres from the Office Commercial (C-O) Zone District to the Multiple-Family Residential (R-3) Zone District. The R-3 Zone District provides for a similar range of housing types as the corresponding HDR General Plan designation.

There is no actual development proposed as part of this application.

Background
This property was originally part of a larger 5.73-acre parcel for which in June 2019 the Planning Commission considered and recommended approval to amend the General Plan, Rezone, and approved Tentative Subdivision Map 19-03, which divided the property into 18 lots (GPA 18-03, RZ 18-02, TSM 19-03). The GPA and RZ were approved by the City Council on September 17, 2019. The General Plan Amendment was generally intended to convert the vacant property from office and light industrial designations to residential for 17 of the proposed 18 lots. The subject

0.68-acre lot remained office commercial.

TPM 19-03 was originally approved on June 26, 2019 with an expiration date of June 26, 2021.

Since then the applicant/owner has received two extension, with a final expiration date of June 26, 2024. The conditions as set forth for Tentative Map (TSM) 19-03 shall still be in effect.

This proposal will place the last remaining lot of the original subdivision into a residential designation. Of the 18 subdivision lots, 10 of the lots along the west and much of the north side are zoned for single-family residences, six lots in the center of the subdivision are zoned for duplexes (12 residences), and the 1.5-acre parcel in the northeast corner of the subdivision (north side of this property) was designated for high density residential (typically apartments). This proposal for the 0.68-acre parcel requests a Medium-High density residential designation which allows a density range of 12-36 residences/acre consistent with the parcel on the north side of the property.

Analysis
Compatibility with neighboring uses:

With no development proposed it is not possible to fully consider the compatibility of the differing uses. However, placing this higher density residential property next to high density residential on

Item 5
3 the north would likely result in apartments, garden apartments, condominiums, duplexes, etc. The property to the west is similarly designated at a lower medium density residential, likely resulting in duplexes. Properties to the east are office type uses but the properties are back-to-back with a masonry wall between them, so compatibility should not be an issue. Across Bridge Street to the south there are single-family and multiple-family uses. There should be no compatibility issues with this proposal.

Traffic
Due to the parcel size (0.68 acres) of the proposed project, the proposal to change the land use and zoning from office to multiple-family will not create a large traffic generation difference. The General Plan provides density requirements for multiple-family developments as 12-36 dwelling units per acre (DUA), which means that a 0.68 parcel could result in nine to twenty-four new multiple-family or duplex residential units. Both Bridge Street, on which the site fronts, and nearby Walton Avenue are within the City’s acceptable level of service standard of D or better. Any development resulting from this project will be required to provide any needed on-site Bridge Street improvements for auto, bicycle, and pedestrian facilities. As such, the potential impacts on nearby streets due to this project are considered to be less than significant.

Environmental Considerations:

An environmental assessment was prepared for this project (EA 23-04) in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.

Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends to the City Council adoption of a mitigated negative Table 2: Bordering Information and Uses
General Plan
Land Use Designation Zoning ExistingLand Use
Project
Site
Medium-High Density
Residential (HDR)
(proposed)
Multiple-Family
Residential (R-3)
(proposed)
Vacant
North HDR R-3 Vacant
East Office and Office Park (O) Office-Commercial (CO) Bank and office related
uses.

West
Low-Medium Density
Residential (MDR). Six to
14 residences per acre.

R-2 Vacant
South Low and Medium Density
Residential R1 and R-3
Bridge St. with singlefamily residential and
multi-family across the
street.

Item 5
4 declaration for this project. The finding of the mitigated negative declaration is that, with the proposed mitigations for Greenhouse Gases and Geology and Soils, and Tribal Cultural Resources, this GPA/RZ will not create any significant environmental impacts. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.

The proposed mitigations are included in the attached Mitigation Monitoring Program.

Recommended Actions:

A. Conduct a Public Hearing and make the necessary findings to:

B. Adopt a Resolution of the Planning Commission of the City of Yuba City recommending the City Council approve Environmental Assessment 23-04 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, approve General Plan Amendment (GPA) 23-02 re-designating 0.68-acres from the Office and Office Park (O) land use designation to the Medium-High Density Residential (HDR) designation, and adopt an Ordinance approving Rezone (RZ) 23-02 rezoning the same 0.68 acres from the Office Commercial (C-O) Zone District to the Multiple-Family Residential (R-3) Zone District, for the Bains on Bridge Street project, located on the north side of Bridge Street approximately 300 feet west of Walton Avenue (Assessor’s Parcel Number 058-080-005).

Attachment:

1. Planning Commission Resolution (GPA 23-02, RZ 23-02) Exhibit A: General Plan Map, GPA 23-02
Exhibit B: Rezone Map, RZ 23-02

2. Location Map

3. Tentative Subdivision Map 19-03 and Conditions of Approval

4. Environmental Assessment 23-04 and the associated Mitigation Monitoring and Reporting Program

ATTACHMENT 1

PC 23-15 1
PLANNING COMMISSION RESOLUTION NO. PC 23-15

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY

RECOMMENDING THE CITY COUNCIL APPROVE ENVIRONMENTAL
ASSESSMENT 23-04 BY ADOPTING A MITIGATED NEGATIVE DECLARATION,

SUBJECT TO THE MITIGATION MEASURES, APPROVE GENERAL PLAN AMENDMENT (GPA) 23-02 RE-DESIGNATING 0.68-ACRES FROM THE OFFICE

AND OFFICE PARK (O) LAND USE DESIGNATION TO THE MEDIUM-HIGH

DENSITY RESIDENTIAL (HDR) DESIGNATION, AND ADOPT AN ORDINANCE APPROVING REZONE (RZ) 23-02 REZONING THE SAME 0.68 ACRES FROM THE

OFFICE COMMERCIAL (C-O) ZONE DISTRICT TO THE MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONE DISTRICT, FOR THE BAINS ON BRIDGE STREET

PROJECT, LOCATED ON THE NORTH SIDE OF BRIDGE STREET
APPROXIMATELY 300 FEET WEST OF WALTON AVENUE (ASSESSOR’S PARCEL NUMBER 058-080-005).

WHEREAS, the City received an application for a General Plan Amendment to amend the General Plan Land Use Map from an Office and Office Park (O) land use designation to a High Density Residential (HDR) designation, and a Rezone for this same property, revising the zoning from a C-O Zone District to an R-3 Zone District; and
WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, the Planning Commission reviewed related Environmental Assessment 23- 04 considering a Mitigated Negative Declaration (MND) prepared for the project, which provided mitigations that reduce potential significant impacts to less than significant; and WHEREAS, all development that may result from this action will be provided a full range of City services; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed GPA/RZ is consistent with the other elements of the General Plan and Zoning Regulations; and
WHEREAS, the City on July 6, 2023, published a legal notice and a public hearing notice was mailed to each property owner within at least 300 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on July 26, 2023; and WHEREAS, the Planning Commission held a duly noticed public hearing July 26, 2023 and considered all of the project and environmental information presented by staff, public testimony and all of the background information; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommends the City Council of the City of Yuba City adopt a resolution adopting Environmental Assessment 23-04, approving GPA 23-02, and adopting an ordinance approving RZ 23-02; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

PC 23-15 2
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City resolves and orders as follows:

1. Recitals. The Planning Commission hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Finding. The Planning Commission finds and determines, and recommends that the City Council find and determine, that there is no substantial evidence in the record that General Plan Amendment 23-02 and Rezone 23-02, may have a significant effect on the environment as identified by the MND prepared in Environmental Assessment 23-04.

Additionally, the Planning Commission recommends that the City Council find and determine that an environmental assessment/initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines and reflects the City Council’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 23-04 necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgment and analysis the Planning Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant or adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The projectspecific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. As such, the Planning Commission recommends the City Council also find and determine that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per Environmental Assessment 23-04.

3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission recommends the City Council adopt the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The Planning Commission further recommends the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

4. General Plan Findings. The Planning Commission finds, and recommends that the City Council find that the public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of General Plan Amendment 23-02, including the following:

PC 23-15 3
a. The proposed HDR land use designation, when used in conjunction with the proposed rezoning and the accompanying development standards, will limit the residential density to be compatible with existing neighboring higher density residential uses. b. The Project will not generate significant amounts of new traffic that would cause a decrease in levels of service for nearby General Plan streets including Bridge Street, and Walton Avenue, and any new residences that result from this Project will pay their fair share of traffic development impact fees, making the project consistent with the Transportation Element.
c. General Plan Housing Element Policy H-A-3 (Facilitate a Variety of Housing Types): This policy encourages a variety of housing types but particulary enphasises the use of the Medium High Density (HDR) Land Use Designation as the higher densities typically results in more affordable housing. This project to add property designated HDR will increase the City’s capacity for higher density housing by 4-9 residences. d. General Plan Housing Element Policy H-C-7 (Regional Housing Needs): This policy requires the City to add more HDR designated land. This proposal will add 0.67 acres designated as HDR, which translates to 4-9 new residences, likely at the more affordable range of housing types.
e. The environmental document prepared for the Project (EA 22-04) found that the Project will not create significant environmental impacts on water quality, air quality, biological resources, agricultural lands, open space, and archaeological resources, making the Project consistent with the Environmental Conservation Element of the General Plan. f. The Project will connect to all City services including water, wastewater, and stormwater drainage, making it consistent with the Public Utilities Element, and the Police and Fire Departments determined that the Project will not cause any safety or emergency response issues. As such the Project will be consistent with the Noise and Safety Element. g. Any new residences that will be constructed as a result of this Project will pay all applicable park and school development impact fees, making it consistent with the Parks, Schools, and Community Facilities Element.

5. Recommendation of Approval of General Plan Amendment 23-02. Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adoption of General Plan Amendment 23-02, per the attached Exhibit A.

6. Rezone Findings. The Planning Commission finds, and recommends that the City Council find and determine, that Rezone 23-02 is consistent with the General Plan as amended by General Plan Amendment 23-02. The Planning Commission further recommends that the City Council find that Rezone 23-02 i) is consistent with the General Plan goals and policies as amended and as further described above; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project will allow for the creation of quality balanced neighborhoods that provide housing options for the City.

PC 23-15 4

7. Recommendation of Approval of the Rezone 23-02. Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adoption of an ordinance approving RZ 23-02 and reclassify the zone districts as depicted in Exhibit B shown on the zoning map for the City of Yuba City.

8. Effective Date of Resolution. This Resolution shall become effective immediately.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on July 26, 2023, by Commissioner _______ who moved its adoption, which motion was seconded by Commissioner _______ and carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Jackie Sillman, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: General Plan Map, GPA 23-02
Exhibit B: Rezone Map, RZ 23-02

EXHIBIT A

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EXHIBIT B

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ATTACHMENT 2

Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community
Bains on Bridge
I!
GPA 23-02, RZ 23-02 | Location Map
Project Site

ATTACHMENT 3

N
NVES

Tentative Subdivision Map 19-03
Conditions of Approval and Mitigation Measures
Conditions of Approval
General

1. Approval of Tentative Map (TSM) 19-03 may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this tentative parcel map, the Zoning Ordinance, the most recently Cityadopted Uniform Building Code, and all Public Works Standards and Specifications. The City shall not assume responsibility for any deletions or omissions resulting from the permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.

2. The applicant, operator, and/or property owner ("Applicant" herein) is required to enter into an agreement with the City agreeing to indemnify, defend, and hold harmless the City of Yuba City, its officers, attorneys, agents, employees, departments, commissioners, authorized volunteers, and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this land use approval, including without limitation any California Environmental Quality Act (CEQA) approval or any related development approvals or conditions whether imposed by the City, or not, except for City’s sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The land use approval shall not become effective until Applicant executes a “Covenant to Indemnify.

3. The Planning Commission’s approval of TSM 19-03 shall not become effective unless and until the City Council approves General Plan Amendment 18-03 and Rezoning 18-02. The effective approval date of this subdivision for purposes of this subdivision map’s expiration date, as described in Condition #4 below, shall not be until the effective date of the rezoning.

Expiration and Development Impact Fees

4. Approval of TSM 19-03 shall be null and void without further action if either the project has not been substantially commenced within two years of the approval date of TSM 19-03 or that a request for an extension of time, pursuant to Section 66452.6 and as amended, of the California Subdivision Map Act, has been submitted to the City prior to the map’s expiration date.

5. Development Impact Fees. Impact fees shall be paid pursuant to the YCMC.

Planning Division

6. The lot design on the subdivision map shall be designed in conformance with the TSM 19- 03, as approved by the Planning Commission.

7. TSM 19-03 shall comply with the Conditions of Approval.

8. Prior to issuance of occupancy permits, all residential lots that abut the neighboring nonresidential general plan designations shall be planted with a hedge type plant, as approved by the Development Services Director, along its common property line with the nonresidential designated properties.

9. A five-foot wide hedge planting shall be provided along the residential property lines that are in common with the neighboring commercial and light industrial properties. This includes hedge plantings along the northerly property line of Lots 7, 8, 9, 10, and 11, and along the easterly and southerly line of Lot 11.

Public Works Department
General

10. To help contain fugitive dust, construction sites shall be watered down during the construction phase of the project or as directed by the Public Works Department.

11. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.

12. The Developer, at their expense, shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections. The City will only perform necessary testing to insure compliance.

13. Storage of construction material is not allowed in the travel way.

14. The Developer shall prepare and submit improvement plans for the construction of all public improvements including water, sanitary sewer, storm drain facilities, roadway improvements, curbs, gutters, sidewalks, parkway strips, signing, striping and streetlights.

Prior to issuance of Grading Permit

15. The improvement plans for the development of the subject property shall include all measures required to ensure that no drainage runoff resulting from the development of the property flow onto the adjacent residential or agricultural lands or impede the drainage from those properties. The rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required, they shall be constructed of concrete or masonry block.

Prior to approval of Improvement Plans

16. A Subdivision Agreement outlining any costs (hot tap, connection fee, fair share contribution, etc.) associated with the development shall be accepted by the City prior to recordation of map.

17. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

18. A tunnel permit from the State Division of Occupational Safety and Health; Mining and Tunneling Unit will be required. A copy of this permit must be supplied to the City prior to approval of the improvement plans.

19. Where an excavation for a trench and/or structure is 5 feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department.

20. Bridge Street shall be widened to a typical half-width (centerline to back of curb). Right-ofway shall be dedicated together with a 12.0-foot PUE behind the right-of-way. Frontage improvements shall include street section, curb, gutter, and a 5.0-foot wide attached sidewalk.

21. Street “A” shall be constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Right-of-way shall be dedicated to a width of 38.0 feet together with a 19.5-foot PUE behind the right-of-way. Construction shall include street section, curbs, gutters, 4.0-foot wide detached sidewalk, street trees and street lights, except as otherwise shown on the tentative map and approved by the Public Works Department.

22. The structural section of all road improvements shall be designed using a geotechnical investigation which provides the basement soils R-value and expansion pressure test results. The structural section shall be designed to the following standards:
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil):
b. Use a traffic index of 6 for residential streets,
c. Use a traffic index of 7 for collector streets,
d. Use a traffic index of 10 for arterial streets,
A copy of the geotechnical investigation, including R-value, test locations and structural section calculations, shall also be submitted with the first improvement plan check.

23. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the Public Works Department.

24. The Developer shall submit to Sutter County a drainage plan for any drainage improvements that utilize County facilities for approval by Sutter County Public Works Director.

25. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the Public Utility Easement (P.U.E.). Developers will provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the Yuba City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.

26. As required by Section 8-5.5904(b)(4) of the Zoning Regulations, prior to recordation of the final map, a solid 6.0-foot high masonry block wall shall be constructed along the following locations (as locations are shown on the tentative map dated June 5, 2019):
a. Along the northerly property line of Lots 7, 8, 9, 10, and 11; and b. Along the easterly and southerly line of Lot 11; and c. Between Lot 11 and Lot 12.

27. A solid 6.0-foot high decorative (as approved by the Development Services Director) masonry block wall with pilasters located no more than 50 feet apart, shall be constructed along the southerly line of Lots 1, 13, 18. At the entrances to the subdivision, the block wall shall be “stepped down” in a decorative manner that is acceptable to the Public Works Director.

28. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.

The Contractor shall be required to follow traffic safety measures in accordance with the CalTrans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
Prior to acceptance of Public Improvements

29. Prior to paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.

30. Prior to paving, the Developer shall hydroflush, and televise, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the subdivision improvements, and at the Public Works Department’s discretion, the storm sewer and sewer mains shall be re-hydroflushed.

31. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (AutoCad version 2010 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.

Prior to Final Map Recordation

32. The development shall pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. This condition may be satisfied through participation in a Mello-Roos CFD, or by another secure funding mechanism acceptable to the City. The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district.

33. The property shall petition for formation of a Zone of Benefit of the Yuba City Landscaping and Lighting Maintenance District for the purpose of maintaining street trees which are to be planted along all streets, maintaining the street lights, maintaining the landscaping along Bridge Street, and maintaining the masonry walls. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.

34. Three street lights shall be provided along Bridge Street at locations determined by the Public Works Director.

35. Street lights shall be installed along Street “A”.

36. All public street lighting shall be dedicated to the City of Yuba City.

37. A public utility easement shall be provided along all streets extending 10.0 feet behind the back of the sidewalk.

Prior to Building Permit

38. The Developer’s Superintendent/Representative shall submit three sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit.

39. The applicant shall be required to pay all applicable Sutter County Water Agency connection fees and maintenance and operation fees. Fees are payable at the Sutter County Development Services Counter located at 1130 Civic Center Blvd.

40. The Developer shall enter into an agreement with Sutter County providing the following:

Participation in a zone of benefit, drainage district, agency, service area or any other public entity for the financing of construction and maintenance of a drainage system. In addition to the special assessment district or public entity referred to immediately above, the agreement shall contemplate the imposition by the district or public entity of any legally available fee, assessment or other financing mechanism to facilitate the construction and maintenance of a drainage system.

41. All street lighting shall be energized prior to the issuance of any building permits.

Prior to Certificate of Occupancy

42. The curb, gutter, sidewalk, and lot drainage shall be inspected and approved by the City.

Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.

43. Prior to the issuance of a certificate of occupancy, all reduced pressure backflow preventers shall be tested and a back flow preventer certification performed by an AWWA licensed tester shall be submitted to the Public Works Department.

44. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed.

Mitigation Measures
Cultural Resources Mitigation 1: In the event that previously undetected cultural materials (i.e. prehistoric sites, historic features, isolated artifacts, and features such as concentrations of shell or glass) are discovered during construction, work in the immediate vicinity should immediately cease and be redirected to another area until the Auburn Indian Community of the Auburn Rancheria is re-contacted and allowed the opportunity to consult under AB 52. Further, a qualified archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historic archaeology inspects and assesses the find. The City shall consider further recommendations as presented by the professional and implement additional measures as necessary to protect and preserve the particular resource. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

Cultural Resources Mitigation 2: If human remains are uncovered, or in any other case where human remains are discovered, the Sutter County Coroner, as appropriate, is to be notified to arrange their proper treatment and disposition. If the remains are identified – on the basis of archaeological context, age, cultural associations, or biological traits – as those of a Native American, California Health and Safety Code 7050.5 and Public Resource Code 5097.98 require that the coroner notify the NAHC within 24 hour of discovery. The NAHC will then notify the most likely descendant, who may recommend treatment of the remains.

Cultural Resources Mitigation 3: Should artifacts or unusual amounts of bone or shell be uncovered during demolition or construction activity, all work shall be stopped and a qualified archeologist shall be contacted for on-site consultation. Avoidance measures or appropriate mitigation shall be completed according to CEQA guidelines. The State Office of Historic Preservation has issued recommendations for the preparation of Archeological Resource Management Reports, which shall be used for guidelines. If a bone appears to be human, California law mandates that the Sutter County Coroner and the Native American Heritage Commission be contacted.

Greenhouse Gas Mitigation Measure 1: The site grading process shall comply with the GHG Reduction Measures provided in the adopted Yuba City Resource Efficiency Plan.

Tribal Cultural Resources Mitigation Measure 1: Worker Awareness Training. The City shall ensure that a Worker Education Program is developed and delivered to train equipment

operators about cultural resources. The program shall be designed to inform workers about:
federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require work stoppage; procedures for notifying the City of any occurrences; and enforcement of penalties and repercussions for noncompliance with the program. Worker education training may be provided either in person or as a DVD with a training binder, prepared by a qualified professional archaeologist and reviewed by the City. The United Auburn Indian Community (UAIC) shall be afforded the option of attending the initial training in person or providing a video segment or information for incorporation into the training that appeals to the contractor’s need to be respectful of tribal cultural resources and tribal participation in implementing unanticipated discovery protocols.

All ground-disturbing equipment operators shall be required to receive the training and sign a form that acknowledges receipt of the training. A copy of the form shall be provided to the City as proof of compliance.

Tribal Cultural Resources Mitigation Measure 2: Avoid and minimize impacts to previously unknown Tribal Cultural Resources. If any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains are encountered during the initial inspection or during any subsequent construction activities, work shall be suspended within 100 feet of the find, and the construction supervisor shall immediately notify the City representative. If the find includes human remains, then the City shall immediately notify the Sutter County Coroner and the procedures in Section 7050.5 of the California Health and Safety Code and, if applicable, Section 5097.98 of the Public Resources Code, shall be followed. For resources reasonably associated with Native American cultural and for human remains, the City shall coordinate with any necessary investigation of the discovery with a UAIC tribal representative and a qualified archaeologist approved by the City. As part of the site investigation and resource assessment, the City shall consult with UAIC to develop, document, and implement appropriate management recommendations, should potential impacts to the resources be found by the City to be significant. Nothing in this measure prohibits the City from considering any comments from other culturally-affiliated Native American tribes that volunteer information to the City during its investigation. Possible management recommendations could include documentation, data recovery, or (if deemed feasible by the City) preservation in place. The contractor shall implement any measures deemed by the City staff to be necessary and feasible to avoid, minimize, or mitigate significant effects to the cultural resources, such as the use of a Native American Monitor whenever work is occurring within 100 feet of the discovery of Native American Resources, if deemed appropriate by the City.

ATTACHMENT 4

Environmental Assessment 23-04
for Bains on Bridge Street
Initial Study and Mitigated Negative Declaration for General Plan Amendment 23-02 and Rezone 23-02
Please refer to the electronic version provided at the link below:
www.yubacity.net/environmental

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Active Transportation Plan (Grant Award) Recommendation: Adopt a Resolution which makes the following actions:

A. Authorizes the City Manager to execute and submit all necessary documentation related to the Caltrans Sustainable Transportation Planning, Sustainable Communities Grant
B. Authorizes the Finance Director to make necessary budget adjustments and supplemental appropriations in the appropriate revenue and expenditure accounts
Fiscal Impact: Receipt of Grant funds in the amount of $298,788, with a City match of $38,712.

Purpose:

To improve the City's active transportation network through the creation of a comprehensive master plan for future active transportation projects.

Council Strategic Goal:

Delegating signatory authority for the Caltrans Sustainable Transportation Planning, Sustainable Communities Grant addresses City Council's Strategic goal of infrastructure, as the Active Transportation Plan will ultimately provide guidance for the expansion of the City's active transportation network.

Background:

In March of 2023, the Public Works Department applied for a Caltrans Sustainable Transportation Planning Sustainable Communities Grant (Grant) to secure funding for an Active Transportation Plan (Plan). The Plan will identify future projects that will improve the transportation networks for bicyclists, pedestrians, those with disabilities, and Yuba-Sutter Transit. In September of 2023, the City was notified that it was awarded $298,788 for the grant, with a local match of $38,712.

Analysis:

As part of the Grant General Conditions of Acceptance, the City is required to submit a resolution to

Caltrans by October 15, 2023, authorizing a signatory for the Grant contract. Executing such a resolution will allow City staff to move the project forward, and issue a Request for Proposals from qualified consultants for the Plan's development. Implementation of the Plan will help the City secure funding for future Active Transportation Projects.

Fiscal Impact:

Minimal staff costs associated with executing grant documents. The City has received $298,788 in grant funding, with a local match of $38,712 . Detailed fiscal impacts and any necessary fiscal appropriations will be presented to Council at the time of awarding a consultant contract for the Active Transportation Plan.

Alternatives:

Do not authorize the City Manager to execute and submit necessary documents associated with the Sustainable Communities Grant. This may compromise grant funding and delay the project timeline.

Recommendation:

Adopt a Resolution which makes the following actions:

A. Authorizes the City Manager to execute and submit all necessary documentation related to the Caltrans Sustainable Transportation Planning, Sustainable Communities Grant B. Authorizes the Finance Director to make necessary budget adjustments and supplemental appropriations in the appropriate revenue and expenditure accounts Attachments:

1. Attachment 1 - Resolution
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTATION

RELATED TO THE CALTRANS SUSTAINABLE TRANSPORTATION PLANNING

SUSTAINABLE COMMUNITIES GRANT FOR THE YUBA CITY ACTIVE TRANSPORTATION PLAN
WHEREAS, the City of Yuba City was awarded $298,788 in funding with a local match of $38,712 for the Caltrans Sustainable transportation Planning Sustainable Communities Grant (Grant) for the Feasibility Study for the Yuba City Active Transportation Plan (Project); and, WHEREAS, the Grant General Conditions of Acceptance require the City to submit a resolution to Caltrans which authorizes signatory authority to a designated City representative; and, WHEREAS, the City of Yuba City wishes to delegate authority to execute all necessary documentation related to the Grant to the City Manager.

NOW, THEREFORE, be it resolved and ordered by the City Council of the City of Yuba City as follows:

1. The City Council of the City of Yuba City does hereby delegate authority to the City Manager to execute all necessary documentation related to the Caltrans Sustainable Transportation Planning Sustainable Communities Grant for the Yuba City Active Transportation Plan.

2. The City Council of the City of Yuba City authorizes the Finance Director to make necessary budget adjustments and supplemental appropriations in the appropriate revenue and expenditure accounts.

3. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;Honorable Chairperson and Directors of the Successor Agency to the Redevelopment Agency of the City of Yuba City
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Signature Authority – DTSC Grant Application for cleanup of Successor Agencyowned property (442 B Street) Recommendation: Adopt a Joint Resolution which takes the following actions:

A. Authorizes the City of Yuba City to apply for an Equitable Community Revitalization Grant for the cleanup of Successor Agency-owned property located at 422 B Street (APN 52-380-019)
B. Authorizes the Chair of the Successor Agency to sign an Owner Attestation Form and Site Access Agreement necessary for the grant application C. Authorizes the City Manager of the City of Yuba City to execute all necessary grant application documents
Fiscal Impact: $25,100 – Account No. 901072 (Property Abatement) broken down as follows:
$ 7,525 – staff time
$17,575 – grant writing consultant
Purpose:

To facilitate and encourage the development of infill property located in the Town Center area.

Council’s Strategic Goal:

This project addresses multiple City Council Strategic Goals, primarily maintaining the financial stability and sustainability of the City and enhancing the business-friendly environment for the City.

Background:

In June 1994, the former Redevelopment Agency of the City of Yuba City acquired title to the vacant parcel identified as 442 B Street, which is east of the Town Center fountain and bounded by B Street to the north, Wilbur Avenue to the east, and C Street to the south (Site) (Attachment 1, Exhibit A).

Based on a 2011 California Supreme Court decision, all redevelopment agencies in California were

dissolved as of February 1, 2012. As a result, all redevelopment agencies were required to dissolve and transfer any assets and liabilities to “Successor Agencies” that would bring to a close the redevelopment agencies’ business matters. On January 10, 2012, the City Council elected to become the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency). In November 2014, the Site was transferred to the Successor Agency.

In 2015, a Long Range Property Management Plan was prepared by Fraser & Associates. The plan recommended the Site be sold for private development.

On August 16, 2022, the City Council, acting as the Successor Agency, declared the Site to be surplus land and directed the City Manager of the City to follow procedures set forth in the Surplus Land Act for the sale of the property.

Analysis:

In August 2010, a Phase I Environmental Site Assessment (Phase I ESA) was completed for the Site.

The purpose of the Phase I ESA was to compile and review available information about the Site and immediate vicinity to identify recognized environmental conditions (REC) to the extent feasible. The Phase I ESA identified 16 REC’s, of which 12 are considered to be high priority as they are considered more likely to have resulted in a release of hazardous substances or petroleum products to the Site (Attachment 1, Exhibit B).

There has been no interest from other parties related to acquiring the Site due to the REC’s discovered during the Phase I ESA. City staff recommends pursuing grant funding to advance the cleanup of the Site in order to encourage acquisition and development of the Site.

In 2021, State legislation was enacted to expedite the cleanup and beneficial reuse of contaminated properties, with priority given to properties in historically vulnerable and disadvantaged communities.

The Department of Toxic Substances Control’s (DTSC’s) Office of Brownfields Equitable Community Revitalization Grant (ECRG) will provide more than $250 million in grants to incentivize cleanup and investment in disadvantaged areas of California. Round 2 of the ECRG is now open and City staff recommends authorizing the City to apply for a Site-Specific Investigation Grant to perform a Phase II ESA, supplemental work to evaluate different cleanup methods, and preparation of a cleanup plan.

The ECRG program requires an Owner Attestation Form (Attachment 1, Exhibit C) from the owner of record affirming that the REC’s occurred prior to the owner acquiring the property, that the owner did not cause or contribute to the REC’s, and that there is no conflict of interest. The ECRG program also requires a Site Access Agreement (Attachment 1, Exhibit D) allowing access to the Site for completing work covered by the grant. City staff is requesting authorization for the Chair to sign Owner Attestation Form and Site Access Agreement, and the City Manager to execute all other associated grant application documents.

Fiscal Impact:

The cost of submitting the grant application is estimated to be approximately $25,100, which consists of $17,575 for the City’s grant writing consultant (Blais and Associates) to prepare the application and $7,525 in staff time reviewing and supporting the application process. These costs are budgeted for through Account No. 901072 (Property Abatement).

If the City is awarded an ECRG, staff will return to Council with recommendations for proceeding with a consultant contract to perform the required studies.

Alternatives:

Do not authorize the requested signature authority and forego this opportunity to apply for grant funding to advance the cleanup of the Site.

Recommendation:

Adopt a Joint Resolution which takes the following actions:

A. Authorizes the City of Yuba City to apply for an Equitable Community Revitalization Grant for the cleanup of Successor Agency-owned property located at 422 B Street (APN 52-380-019).

B. Authorizes the Chair of the Successor Agency to sign an Owner Attestation Form and Site Access Agreement necessary for the grant application.

C. Authorizes the City Manager of the City of Yuba City to execute all necessary grant application documents.

Attachments:

1. Resolution – Signature Authority – DTSC Grant Application for cleanup of Successor Agencyowned property (442 B Street) with Exhibits A-D Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

JOINT RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF YUBA CITY, AND THE CITY OF YUBA CITY, AUTHORIZING

THE CITY OF YUBA CITY TO APPLY FOR AN EQUITABLE COMMUNITY REVITALIZATION GRANT FOR CLEANUP OF SUCCESSOR AGENCY-OWNED PROPERTY LOCATED AT 442 B STREET (APN 52-380-019), AUTHORIZING THE CHAIR TO SIGN AN OWNER

ATTESTATION FORM AND SITE ACCESS AGREEMENT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL OTHER NECESSARY GRANT APPLICATION DOCUMENTS WHEREAS, in June 1994, the former Redevelopment Agency of the City of Yuba City acquired title to the vacant parcel located at 442 B Street (APN 52-380-019) (Site) (see Exhibit A); and WHEREAS, in January 2012, the City Council elected to become the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency); and WHEREAS, in 2015, a Long Range Property Management Plan was prepared by Fraser & Associates and recommended the Site be sold for private development; and WHEREAS, in November 2014, ownership of the Site was transferred by grant deed to the Successor Agency; and
WHEREAS, in August 2022, the Successor Agency declared the Site to be surplus land and directed the City Manager/Executive Director to follow procedures set forth in the Surplus Land Act for the sale of the property; and
WHEREAS, a Phase I Environmental Site Assessment (Phase I ESA) identified 16 recognized environmental conditions (REC’s), of which 12 are considered to be high priority as they are considered more likely to have resulted in a release of hazardous substances or petroleum products to the Site (see Exhibit B); and
WHEREAS, there has been no interest from other parties related to acquiring the Site due to the REC’s discovered during the Phase I ESA; and
WHEREAS, the Board of the Successor Agency and the City Council now desire to advance the cleanup of the Site to encourage acquisition and development to occur.

NOW, THEREFORE, the Board of Directors of the Successor Agency to the Redevelopment Agency of the City of Yuba City, and the City Council of the City of Yuba City, do hereby resolve as follows:

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

2. The City of Yuba City is authorized to apply for an Equitable Community Revitalization Grant for cleanup of Successor Agency-owned property located at 442 B Street, Yuba City, CA (APN 52-380-019).

3. The Chair of the Successor Agency is authorized to sign the attached Owner Attestation Form (Exhibit C) and Site Access Agreement (Exhibit D) in their substantial form, subject to minor modifications to legal form approved by Successor Agency Counsel.

4. The City Manager of the City of Yuba City is directed and authorized to execute all necessary grant application documents for the Equitable Community Revitalization Grant.

The foregoing joint Resolution was duly and regularly introduced, passed, and adopted by the Board of Directors of the Successor Agency to the Redevelopment Agency of the City of Yuba City, and the City Council of the City of Yuba City, at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:
___________________________________
Wade Kirchner,
Chair of Successor Agency and Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk and
Deputy Clerk of Successor Agency
APPROVED AS TO FORM:

Shannon Chaffin, City Attorney and
General Counsel for Successor Agency
Aleshire & Wynder, LLP
Exhibit A – Location Map
Exhibit B – Recognized Environmental Conditions
Exhibit C – Owner Attestation Form
Exhibit D – Site Access Agreement

EXHIBIT A

EXHIBIT B

EXHIBIT C

Yana Garcia
Secretary for
Environmental Protection
Department of Toxic Substances Control
Meredith Williams, Ph.D., Director
5796 Corporate Avenue
Cypress, California 90630
Gavin Newsom
Governor
ECRG Round 2 Owner Attestation Form
(Only required for Site-specific Investigation grants, when the Applicant is not the Owner) Owner agrees that the Owner has been informed and provided copies of the proposed reuse and oversight agreement activities and that the information provided to the Owner, to the best of their knowledge, is true and correct. Owner also agrees that the Owner and Applicant ______________________________________________ have an access agreement in place for the two-year ECRG funding timeline.

I, ______________________________________________________, as the Owner or Owner’s authorized representative of the APN(s) ______________________________________________ attest and certify that to the best of my knowledge and belief that the information contained in this letter are true and complete and accurately describes my knowledge of the Site and ownership?

1. All releases or threatened releases of hazardous substances at the Site occurred before the Owner acquired ownership of the Site.

YES Initials _________________

2. The Owner did not cause or contribute to any releases or threatened releases of hazardous substances at the Site.

YES Initials _________________

3. The Owner is not affiliated with any person and/or entity potentially liable for the contamination at the Site. Affiliations include familial, contractual (does not include deeds or arrangements related to potential purchase), financial, or corporate relationships that are the result of a reorganization of a business entity with potential liability.

YES Initials _________________

4. The Owner does not have an actual or potential conflict of interest with Department of Toxic Substances Control and will inform the Applicant if a conflict arises or becomes known.

YES Initials __________________
DTSC Owner A©estaŸon Form Page 1 of 2 updated 8/14/2023

_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ If no for any above answer, please provide an explanation: _______________________ Date: ____________________
Owner or Authorized Representative Signature: ____________________________________ Print name: _______________________________________________________________________ Organization Name and Title: _______________________________________________________ DTSC Owner A©estaŸon Form Page 2 of 2 updated 8/14/2023

EXHIBIT D

Please place on Agency leƩer head.

September 15, 2023
California Environmental Protection Agency
Department of Toxic Substances Control
1001 I Street
Sacramento, CA 95812
Subject: Yuba City DTSC ECRG – Site Access Agreement
To Whom It May Concern:

As the owner of the property located at 442 B Street, please accept this letter as proof that the Successor Agency to the Redevelopment Agency of the City of Yuba City hereby grants full access to the City of Yuba City (City) to the 442 B Street property to perform any and all necessary Phase II Environmental Site Assessment tasks for the two-year grant period as required by the California Environmental protection Agency’s Department of Toxic Substances Control for the Equitable Community Revitalization Grant.

Based on a 2011 California Supreme Court decision, all redevelopment agencies in California were dissolved as of February 1, 2012. As a result, all redevelopment agencies were required to transfer any assets and liabilities to “Successor Agencies” that would bring to a close the redevelopment agencies’ business matters. On January 10, 2012, the City Council elected to become the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency).

The proposed project is the next step to developing the property into a mixed-use, mixedincome development as envisioned by the City. In August 2010, a Phase I Environmental Site Assessment was prepared for the property. The Phase I Assessment indicated that there were sixteen recognized environmental conditions, including pesticide spillage and the presence of arsenic and lead in the surface soil. The site will need to be cleaned up before the property can be redeveloped.

As a City Council and Successor Agency member, I fully support the proposed Site-Specific Investigation B Street Property Phase II Environmental Site Assessment project and hope you will look favorably upon the submitted application.

Please call me at (530) 822-4601 if you have any further questions.

Sincerely,
Wade Kirchner
Chair of Successor Agency

Agenda Item 14

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: Successor Housing Agency to the Yuba City Redevelopment Agency Sale of 825 Jones Street to Harminder Singh Maan and Karmjit Kaur Maan Recommendation: Adopt a Resolution authorizing the City Manager, as the Executive Director on behalf of the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52-411-016), and all other necessary documents, in the amount of $290,000 to Harminder Singh Maan and Karmjit Kaur Maan, and authorize the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund Fiscal Impact: Sale Price - $290,000
Estimated Net Proceeds - $267,000
Purpose:

To sell 825 Jones Street which has been deemed a surplus property by the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency.

Background:

On November 15, 2022, the City Council as the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency (Successor Housing Agency) declared 825 Jones Street to be a surplus property. Per the Surplus Land Act (SLA), staff issued a notice of availability and did not receive any interest from any housing sponsors. The Department of Housing and Community Development (HCD) has determined that staff met all of the requirements under the SLA and the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency is permitted to proceed with the sale or lease of the property.

Analysis:
825 Jones Street was placed on the market in July. The property was listed at $350,000 and multiple offers were received, including an offer from Harminder Singh Maan and Karmjit Kaur Maan, in the amount of $290,000. Based on the condition of the house and the current housing market, staff recommends that the City Council as the Board of Directors to the Successor Housing Agency to the Yuba City Redevelopment Agency accept the offer and authorize the City Manager to execute an

Agreement for Purchase and Sale and all necessary paperwork to sell the property to Harminder Singh Maan and Karmjit Kaur Maan.

The Successor Housing Agency to the Yuba City Redevelopment Agency is required to place the sale proceeds in a separate Low and Moderate Income Housing Asset Fund, and use those funds for affordable housing purposes in accordance with the law.

Fiscal Impact:

With a sales price of $290,000, the estimated net proceeds is $267,000.

Alternatives:

1. Do not sell and take the property off the market.

2. Do not accept the offer and place the property back on the market.

Recommendation:

Adopt a Resolution authorizing the City Manager, as the Executive Director on behalf of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52-411-016), and all other necessary documents, in the amount of $290,000 to Harminder Singh Maan and Karmjit Kaur Maan, and authorize the Finance Director to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund.

Attachments:

1. Resolution - 825 Jones Street

2. Exhibit A - PSA 825 Jones
Prepared By: Submitted By:

Diana Langley
City Manager/Executive Director
Diana Langley
City Manager/Executive Director

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER, AS THE EXECUTIVE DIRECTOR ON BEHALF OF

THE SUCCESSOR HOUSING AGENCY TO THE YUBA CITY REDEVELOPMENT AGENCY,

TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 825 JONES STREET (APN 52-411-016), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $290,000 TO HARMINDER SINGH MAAN AND

KARMJIT KAUR MAAN, AND AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE

PROCEEDS IN THE SUCCESSOR AGENCY LOW AND MODERATE INCOME HOUSING

ASSET FUND
WHEREAS, on November 15, 2022, the City Council as the Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency (Successor Housing Agency) declared 825 Jones Street to be a surplus property; and
WHEREAS, in accordance with the Surplus Land Act, staff issued a notice of availability and did not receive any interest from any housing sponsors; and WHEREAS, the Department of Housing and Community Development has determined that staff met all of the requirements under the Surplus Land Act and the Successor Housing Agency is permitted to proceed with the sale or lease of the property; and WHEREAS, 825 Jones Street was placed on the real estate market in July, multiple offers were received, including an offer from Harminder Singh Maan and Karmjit Kaur Maan in the amount of $290,000; and
WHEREAS, staff recommends that the City Council as the Directors to the Successor Housing Agency accept the offer and authorize the City Manager, as the Executive Director on behalf of the Successor Housing Agency, to execute an Agreement for Purchase and Sale; and WHEREAS, the Successor Housing Agency is required to place the sale proceeds in a separate Low and Moderate Income Housing Asset Fund.

NOW, THEREFORE, the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency does resolve as follows:

1. The City Manager, as Executive Director on behalf of the Successor Housing Agency to the Yuba City Redevelopment Agency, is authorized to execute an Agreement for Purchase and Sale of Real Property located at 825 Jones Street (APN 52-411-016), and all other necessary documents, in the amount of $290,000 to Harminder Singh Maan and Karmjit Kaur Maan.

2. The Finance Director is authorized to place sale proceeds in the Successor Agency Low and Moderate Income Housing Asset Fund.

The foregoing Resolution of the Board of Directors of the Successor Housing Agency to the Yuba City Redevelopment Agency was duly introduced, passed and adopted at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Chair of Successor Agency
ATTEST:

Ciara Wakefield, Deputy City Clerk of Successor Agency

APPROVED AS TO FORM

COUNSEL FOR SUCCESSOR AGENCY
________________________
Shannon Chaffin
Agency Counsel
Exhibit A: Purchase and Sale Agreement

01248.0012/919634.1 1

EXHIBIT A

01248.0012/919634.1 2

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this 3rd day of October, 2023 (“Agreement Date”) by and among Harminder Singh Maan and Karmjit Kaur Maan (jointly and severally the “Buyer”), City of Yuba City as Successor Agency to the former Redevelopment Agency of the City of Yuba City, a public agency (“Seller”) and OLD REPUBLIC TITLE COMPANY, a corporation (“Escrow Holder” and “Title Company”).

R E C I T A L S:

A. Seller owns that certain residential real property located at 825 Jones Street in Yuba City, State of California (APN 052-411-016-000) legally described as set forth on Exhibit A ("Property").

B. Buyer is willing to purchase the Property in AS-IS condition pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and incorporating the recitals above, the parties hereto agree as follows:

TERMS AND CONDITIONS:

1. PURCHASE AND SALE OF PROPERTY. Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property in AS-IS condition.

2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Old Republic Title Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with Jayne Silveira, escrow officer (“Escrow Officer”) at Old Republic Title Company, 855 Harter Parkway, Suite 130, Yuba City [email protected] (530) 673-8841 (“Escrow”) together with the Deposit (as defined in Section 3.2(a)) (“Opening of Escrow”).

3. PURCHASE PRICE.

3.1 Purchase Price. The Purchase Price for the Property is Two Hundred NinetyThousand Dollars ($290,000) (“Purchase Price”).

3.2 Payment of Purchase Price. The Purchase Price shall be paid as follows:
(a) Deposit. At Opening of Escrow, Buyer shall deposit the sum of Two Thousand Nine Hundred Dollars ($2,900) with Escrow Holder (“Deposit”). (b) Balance of Funds. At least one (1) business day prior to the Closing, Buyer shall deposit balance of the Purchase Price with Escrow Holder in Good Funds (as defined below).

3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as determined by the Seller settlement statement) shall be disbursed to Seller.

01248.0012/919634.1 3

3.4 Good Funds. All funds deposited in Escrow shall be in “Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.

4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
a. Executed and acknowledged grant deed in the form of Exhibit B (“Grant Deed”). b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.2 Buyer. Buyer agrees that on or before 12:00 noon on the date preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
a. A Preliminary Change of Ownership Statement completed in the manner required in Sutter County.
b. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.3 Recordation, Completion and Distribution of Documents. Escrow Holder will cause Grant Deed to be recorded when it can issue the Owner’s Title Policy in accordance with Section 6, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terms hereof.

5. CLOSING DATE; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within ten (10) days after Buyer has provided the Buyer's Due Diligence Approval Notice by the Outside Due Diligence Date (pursuant to Section 7), but no later than thirty (30) days after the Opening of Escrow (“Closing Date”) unless extended as evidenced by a writing signed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed is filed for recording by the Escrow Holder in the Office of the County Recorder of Sutter County, California.

5.2 Possession. Upon the Close of Escrow, exclusive possession and occupancy of the Property shall be delivered to Buyer free and clear of all claims of possession and all debris.

5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence.

5.4 Executive Director’s Authority. Seller by its execution of this Agreement hereby agrees that its Executive Director or designee (who has been designated by Executive Director’s

01248.0012/919634.1 4
written notice delivered to Buyer and Escrow Holder) shall, in Executive Director’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the Executive Director or their designee shall be binding on Seller. (ii) make minor modifications to this Agreement in order to fulfill the direction of the Successor Agency Board, provided that such minor modifications are approved by the Agency’s legal counsel.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Placer Title Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within five (5) days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”). (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of five (5) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property, and Seller shall discharge any such nonpermitted title matter of record prior to or concurrently with the Close of Escrow.

6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA/CLTA Homeowner’s Owner's Policy of title insurance (“Owner’s Title Policy”) insuring title to the Property vested in Buyer in the amount of the Purchase Price, containing only exceptions approved or waived by Buyer in accordance with this Section. The cost of the Owner’s Title Policy

01248.0012/919634.1 5
to Seller shall be paid by Buyer.

7. TRANSFER DISCLOSURE STATEMENT, STATUTORY DISCLOSURES & DUE DILIGENCE.

7.1 Transfer Disclosure Statement. Within two (2) days after the Opening of Escrow, Seller shall provide a completed and executed Transfer Disclosure Statement (as specified in Civil Code Section 1102) (“TDS”) for Buyer’s review and approval. If Buyer disapproves the completed TDS, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period (as defined in Section 7.6). If Buyer does not disapprove the TDS within the Due Diligence Period, Buyer shall be deemed to have approved it. Buyer and any Buyer’s agent shall execute the TDS and deliver a copy to Seller.

7.2 Natural Hazard Disclosure Report with Tax Disclosures. Within two (2) days after the Opening of Escrow, Escrow Holder shall order and deliver to Buyer a comprehensive natural hazard disclosure and tax report from Disclosure Source (“NHD Report”) for Buyer’s review and approval. If Buyer disapproves the NHD Report, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the NHD Report within the Due Diligence Period, Buyer shall be deemed to have approved it. Buyer shall execute the acknowledgement statement that accompanies the NHD Report and deliver a copy to Seller.

7.3 Lead-Based Paint Disclosures. Within two (2) days of Opening of Escrow, Seller shall deliver to Buyer the statutory Lead-Based Paint Disclosure and pamphlet as required by federal law (“Lead Paint Disclosure”) for Buyer’s review and approval. If Buyer disapproves the Lead Paint Disclosure, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the Lead Paint Disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it. Waiver of the Lead Paint Disclosure is prohibited by law. Buyer shall execute the Lead Paint Disclosure and deliver same to Seller.

7.4 Material Facts & Insurance Claims. Within two (2) days of the Opening of Escrow, Seller shall disclose to Buyer in writing all known material facts and defects including known insurance claims within the last five (5) years preceding the Agreement Date

7.5 Other Statutory Disclosures. Within two (2) days of Opening of Escrow, Seller shall deliver to Buyer all other applicable statutory disclosures (including, but not limited to, notice or actual knowledge of release of illegal controlled substance, etc.) as required by law for Buyer’s review and approval. If Buyer disapproves any such disclosures, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove a statutory disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it and Buyer shall execute any documents reasonably required by Seller to evidence same and deliver same to Seller.

7.6 Due Diligence. For a period of up to thirty (30) days following the Opening of Escrow ("Due Diligence Period"), Buyer shall have the right to review and inspect the Property and conduct such tests as reasonably determined by Buyer. Buyer shall reasonable efforts to expediate any and all investigations provide same does not involve additional cost to Seller. Seller grants to Buyer, its agents and employees, upon reasonable notice to Seller, a limited license to enter the Property for the purpose of conducting such due diligence as reasonably required by Buyer at Buyer's sole cost and expense. As a condition to Buyer's entry and inspection, Buyer shall keep the Property free and clear of all materialmen's liens, lis pendens or any other liens arising out of the entry and any work performed under this Agreement. Buyer shall notify Seller in

01248.0012/919634.1 6
writing ("Buyer's Due Diligence Notice") on or before the expiration of the Due Diligence Period of Buyer's approval of the condition of the Property as well as the TDS, NHD Report, Lead Paint Disclosure and all other disclosures and notices delivered to Buyer under this Agreement, which approval may be withheld in Buyer's sole discretion. Failure of Seller to provide access to the Property to make inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement and Buyer shall have the right to immediately terminate this Agreement and the escrow.

7.7 Indemnity: Buyer agrees to defend and indemnify Seller for any claims that arise out of Buyer’s inspection or testing of the Property.

7.8 Statutory Disclosures. As required by law, Seller makes the following disclosures to Buyer:
a. No HOA. The Property is subject to certain covenants, conditions and restrictions.

However, there is no homeowner association and there are no HOA assessments to which the Property is subject.
b. Megan’s Law. “Notice: Pursuant to Section 290.46 of the Penal Code information about specified registered sex offenders is made available to the public via an internet website maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on a sex offender’s criminal history, this information will include either an address at which the offender resides or the community of residence and ZIP code in which he or she resides. (Neither Seller or Broker are required to check this website).”
c. Gas and Hazardous Liquid Transmission Pipelines. “This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public at the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission lines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP code and county on the NPMS Internet Web site.”

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Owner’s Title Policy as specified in Section 6.2. (b) Escrow Holder holds and will deliver to Buyer the instruments accruing to Buyer pursuant to this Agreement.
(c) Seller is not in default of its obligations under this Agreement.

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the

01248.0012/919634.1 7
following conditions precedent:
(a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(b) Buyer shall have executed all documents required under this Agreement and delivered same to Seller.
(c) Buyer is not in default of its obligations under this Agreement.

9. LIMITED REPRESENTATIONS AND WARRANTIES.

9.1 Limited Representations and Warranties. Seller hereby makes the following representations and warranties to Buyer to the best of its knowledge and without the duty to investigate, each of which is true in all respects as of the Agreement Date and the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property:
a. Seller has received no notice and/or has no knowledge that any governmental authority or any employee or agent thereof considers the present or proposed operation, use or ownership of the Property to violate or have violated any ordinance, rule, law, regulation or order of any government or agency, body or subdivision thereof, or that any investigation has been commenced or is contemplated respecting such possible violations. b. There are no pending or threatened lawsuits or claims which would affect the Property.
c. The Property is not subject to a homeowner’s association nor any such association assessments.
d. The Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. e. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. There are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions.
f. There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller that shall survive the Close of Escrow. g. Until the Closing, Seller shall not do anything which would impair Seller’s title to any of the Property.
h. Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer through Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE (“Nonforeign Affidavit”).

01248.0012/919634.1 8
i. Until the Closing, if Seller learns of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Closing, Seller shall immediately give written notice of such fact or condition to Buyer. j. No construction or repair work has been done on the Property within the six (6) months prior to the Opening of Escrow.

9.2 Breach; Indemnification. If a breach of a representation, warranty or covenants occurs before Closing and Buyer is aware that such a breach has occurred, the breach shall be grounds to terminate this Agreement in Buyer’s sole discretion. If Buyer does not elect to terminate this Agreement, Buyer shall be deemed to have waived any such breach.

10. ESCROW PROVISIONS.

10.1 Escrow Instructions. Sections 1; 2 through 6 inclusive, 8, 10, 12 and 13 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

10.2 General Escrow Provisions. Escrow Holder shall deliver the Owner’s Title Policy to Buyer and instruct the Sutter County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 12 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Sutter County, California, and may be disbursed to any other general escrow account or accounts.

All disbursements shall be according to that party's instructions.

10.3 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable.

Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within sixty (60) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.

10.4 Real Property Taxes. Seller is a public agency and exempt from real property taxes so no prorations will be required at Closing.

10.5 Payment of Costs.
a. Cost Allocation. Seller shall pay the costs for the Owner’s Title Policy, onehalf of escrow costs and recording fees (“Buyer’s Charges”). Seller shall pay the cost of the NHD Report, documentary transfer taxes, one-half of the escrow

01248.0012/919634.1 9
costs and any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (“Seller’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder.
b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.

10.6 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

10.7 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code § 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

10.8 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code § 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code §1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

10.9 Brokerage Commissions. Both parties are represented by a broker. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.

01248.0012/919634.1 10

11. LIQUIDATED DAMAGES.

IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND

SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH

DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES WOULD BE IN

THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR

INITIALS BELOW THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE SUM SPECIFIED

ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A MATERIAL BREACH OF

THIS PROVISION AND SELLER MAY ELECT TO SUE BUYER UNDER THIS PROVISION

OR TO WAIVE THIS PROVISION AND PROCEED AGAINST BUYER FOR ALL APPLICABLE DAMAGES RESULTING FROM BUYER’S DEFAULT.
___________________ ___________________
Seller’s Initials Buyer’s Initials

12. NOTICES. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”), addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.

To Seller: City of Yuba City as Successor Agency
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Diana Langley, Executive Director
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
Attn: Shannon Chaffin, Agency Counsel
To Buyer: Harminder Singh Maan &
Karmjit Kaur Maan
______________________
______________________
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

13. GENERAL PROVISIONS.

13.1 Assignment. Neither party shall have the right to assign this Agreement or any

01248.0012/919634.1 11
interest or right hereunder or under the Escrow without the prior written consent of the other party.

Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

13.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

13.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

13.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

13.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.

13.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

13.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect.

13.8 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

13.9 Exhibits. Exhibits A and B attached hereto are incorporated herein by reference.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Escrow Instructions as of the date set forth above.

Note: Section 11 need to be separately initialed by the parties.

01248.0012/919634.1 12
BUYER: SELLER:
__________________________
Harminder Singh Maan
__________________________
Karmjit Kaur Maan
Accepted and agreed to:

ESCROW HOLDER:

OLD REPUBLIC TITLE
By: _________________________
Jayne Silveira, Escrow Officer
Dated: ________________, 2023

CITY OF YUBA CITY AS SUCCESSOR
AGENCY
By: _______________________________
Diana Langley, Executive Director
_________________, 2023
ATTEST:
__________________________________
Jackie Sillman, Agency Secretary
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, Agency Counsel

01248.0012/919634.1 1

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Harminder Singh Maan &
Karmjit Kaur Maan
825 Jones Street
Yuba City, CA 95991
____________________________________________________________________________

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF YUBA CITY AS SUCCESSOR AGENCY to the former Redevelopment Agency of City of Yuba City, a public agency (“Grantor”), hereby grants to Harminder Singh Maan and Karmjit Caur Maan as __________________ (“Grantee”), that certain real property in the City of Yuba City, County of Sutter, State of California, legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf by its respective officers or agents hereunto as of the date below.

GRANTOR:

DATED: _______________, 2023

CITY OF YUBA CITY AS SUCCESSOR
AGENCY to the former Redevelopment
Agency of the City of Yuba City, a public
agency
By: _____________________________
Diana Langley,
Executive Director
ATTEST:
__________________________________
Jackie Sillman, Agency Secretary
APN 052-411-016-000 (Space Above This Line for Recorder’s Office Use Only)
THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax is: $___
(Exempt from Recording Fee per Gov. Code §6103)
Not to be executed until closing

01248.0012/919634.1 1

EXHIBIT A TO GRANT DEED

LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
:

01248.0012/919634.1 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2023 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Ann Gillen, Community Services Director Summary
Subject: Certifying Need for CalPERS 180-Day Wait Period Exception for Robert Condrey to be appointed as – Passenger Bus Driver
Recommendation: Adopt a Resolution
A. Certifying the need for exception of the CalPERS 180-day wait period for Robert Condrey to be appointed as a passenger bus driver

B. Approving the employment agreement and appointing Robert Condrey as provided in the Resolution following approval by CalPERS Fiscal Impact: The passenger bus driver’s hourly rate of $25.00 and for City Senior Center activities is programmed into the fee of the program that requires transportation.

Purpose:

To approve a resolution certifying the need for a passenger bus driver employment agreement necessary to permit Robert Condrey’s employment as a retired annuitant from the generally-required CalPERS 180-day wait period.

Council's Strategic Goal:

Business Friendly
Background:

Robert Condrey, Parks and Grounds Superintendent, is retiring October 13, 2023. In addition to other duties, Mr. Condrey has served as passenger bus driver over the course of many years. Specifically, Mr. Condrey has driven senior center participants on a variety of different field trips throughout the region.

Throughout California, there is shortage of passenger bus drivers. This shortage of passenger bus drivers has a local impact as without qualified drivers, the City would be unable to provide senior field trips. Additionally, the current City passenger bus has air brakes for parking which require the driver to

possess at a minimum a Class B with passenger endorsement. Senior field trips may have to be cancelled if there isn't staff in possession of a Class A or B license along with a passenger endorsement.

CalPERS' typical requirements for employment of retired annuitants, who are of normal age on their retirement date, is a 180-day wait period before the annuitant can be employed as an annuitant. One of the exceptions to the 180-day wait period is an employer resolution certification of critical need to appoint the annuitant in less than 180 days following retirement. The governing board of the public agency then presents CalPERS with a resolution, passed in a public meeting that makes such certification and approves the appointment. Additionally, the resolution must not be placed on the consent calendar and must include a copy of the retiree’s employment agreement.

Analysis:

In order to provide current and future trips for the Yuba City Senior Center, as well as other City activities and functions, the Community Services Department has prepared the required CalPERS resolution and retired annuitant employment agreement for Mr. Condrey to be appointed as temporary, limited term passenger bus driver in mid-October. If these CalPERS required documents are approved by City Council, Staff will submit them to CalPERS prior to Mr. Condrey beginning work as a retired annuitant with the City in this limited term, extra-help capacity.

Fiscal Impact:

The passenger bus driver’s hourly rate of $25.00 and for City Senior Center activities is programmed into the fee of the program that requires transportation.

Alternatives:

1. Do not approve the CalPERS 180-day wait period exception resolution resulting in Senior Center activities and functions being cancelled.

2. Provide City staff direction.

Recommendation:

Adopt a Resolution
A. Certifying the need for exception of the CalPERS 180-day wait period for Robert Condrey to be appointed as a passenger bus driver
B. Approving the employment agreement and appointing Robert Condrey as provided in the Resolution following approval by CalPERS
Attachments:

1. Robert Condrey Extra Help Annuitant Agreement

2. CalPERS Resolution
Prepared By: Submitted By:

Ann Gillen
Community Services Director
Diana Langley
City Manager

ATTACHMENT 1

AGREEMENT FOR TEMPORARY
LIMITED-TERM “EXTRA-HELP” EMPLOYMENT
THIS Agreement for temporary, limited term “extra help” employment is by and between the City of Yuba City (“City”) and Robert Condrey (“Employee”) (collectively the “Parties”). It is effective on the latest date of signature below.

WHEREAS, the City has a critical need for an employee to provide needed specialized skills related to necessary public services in the area of being able to drive the bus to transport passengers;
WHEREAS, Employee possesses the necessary specialized skills, and is competent and qualified to perform the services required by this Agreement; and WHEREAS, this Agreement is in accordance with California Government Code Section 21224.

NOW THEREFORE, in consideration of the mutual covenants contain herein, the Parties agree as follows:

1. Scope of Services: Pursuant to this Agreement, Employee shall temporarily perform critically needed specialized skills related to Temporary Worker “Extra Help” as set forth in Exhibit A. Employee shall perform said duties under the direct supervision of the Community Services Department Director.

Employee represents that Employee is properly trained and certified to perform the duties required under this Agreement. Employee further represents that Employee will maintain, at Employee’s expense and on Employee’s own time, all required licenses and certification as a condition of this part-time employment.

2. Time of Performance: The services of Employee shall commence on October 13, 2023, and shall continue until June 30, 2024 unless terminated sooner by either Party.

3. Compensation: Employee shall be compensated as follows:
(a) Hourly Rate of Pay: Employee shall be paid at the rate of $25.00 per hour (the “Hourly Rate”). The City has determined that this hourly rate is neither less than the minimum, nor more than the maximum, hourly rate paid to other employees performing comparable duties as listed on City’s publicly available pay schedule, reflected as an hourly rate by dividing the monthly base pay by 173.333. Payments will be made on regularly scheduled City payroll dates. Employee will be responsible for keeping track of Employee’s hours worked on a daily time sheet form, provided by the City and submitted to the Community Services Director or designee for approval and payroll purposes. Employee
understands and agrees that Employee is not, and will not be,

eligible to receive any compensation other than this specified hourly rate of pay.
(b) Hours per Week: This employment is for part-time work and, generally, will not exceed 40 hours per week. The City will assign Employee specific hours to work, and under no circumstances may Employee work in excess of 40 hours per week without the express prior permission of the Community Services Department Director. (c) Payment for Work Done in Excess of 40 Hours Per Week: The temporary position under this Agreement is not exempt from FLSA overtime pay requirements. The Employee shall be paid at one and one-half times the regular rate of pay for any time worked in excess of 40 hours per week.
(d) Work less than 960 hours per year: Employee is allowed to work a cumulative maximum of 960 hours per fiscal year for any CalPERS agencies. Provided that Employee has not exceeded this
maximum annual amount, it is anticipated that Employee will be assigned approximately 30 hours per month, although this may change with operational needs. The City retains the right to reduce, change, or amend the number of hours worked consistent with the City’s workload and other needs. If Employee’s annual hours are approaching 960, then the City retains the right to summarily suspend Employee’s duties under this Agreement and to reassign any scheduled hours, as needed, to ensure that Employee does not exceed the maximum hours allowed by this Agreement.

4. Employment Status as Fixed-Term/”Extra-Help” Employee: The parties agree that Employee has specialized skills needed in performing work of limited duration. In the performance of the work and services agreed to be performed, Employee is not filling a vacant, regular position with City, but rather Employee shall act as and be a temporary, fixed-term, “Extra-Help” employee to address a special need and circumstance.
(a) Time of Retirement. Employee retired effective October 13, 2023 in the CalPERS system. Because he possesses specialized skills related to necessary public services, the City Council has certified the need for Employee’s appointment before 180 days has passed following his retirement.
(b) Benefits: Employee understands and agrees that Employee is not, and will not be, eligible to receive any benefits from the City, including any City group plan for hospital, surgical, or medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of

the City, except for Worker’s Compensation Insurance coverage.

City will enroll Employee in CalPERS solely for administrative recordkeeping purposes (Employee will remain in retired status) and will report both Employee’s hours and pay pursuant to this Agreement.
(c) No Membership in Bargaining Unit: Employee understands that Employee is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees. (d) No Property Right in Employment: Employee understands and agrees that the terms of this employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Employee further understands that Employee acquires no property interest in this employment by virtue of this Agreement, that the employment is “at will” as defined by the laws of the State of California (meaning that Employee can be terminated at any time for any reason or for no reason), and that Employee is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action.
(e) Employment of a Retiree: Employee understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment for a limited duration to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Employee is providing service to any other CalPERS public agency employer during the term of this Agreement, Employee must immediately notify the City of such other CalPERS
agency employment and disclose on a periodic basis the
number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded. Employee expressly agrees that Employee shall be solely responsible for any costs or liabilities of either party resulting from Employee’s failure to disclose such other CalPERS agency employment and shall indemnify and hold City harmless from any such costs and liabilities.
(f) No Recent Unemployment Payments to Retiree. Retiree specifically warrants and represents that Employee has not received unemployment insurance payments in the prior 12-month period arising from work performed as a retiree for any public employer.

5. Termination: Either Party may terminate this Agreement without cause upon written notice.

6. Ownership of Work: All documents furnished to Employee by the City and all reports and supportive data prepared by Employee under this Agreement are City property and shall be given to City at the completion of Employee’s services.

7. Notices: Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the Parties as follows:

City of Yuba City
Diana Langley
City Manager
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993

EMPLOYEE
Robert Condrey

8. Non-Assignment of Agreement: This Agreement is intended to secure the individual services of the Employee and is not assignable or transferable by Employee to any third party.

9. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Sutter County.

10. Enforceability: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

11. Conflict of Interest: Employee agrees that during the term of this Agreement, Employee will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair Employee’s ability to perform the duties described in this Agreement. Any work performed for the City outside the terms of this Agreement must be approved in advance in writing by the City Manager. Employee agrees to disclose whether Employee is performing work for any other CalPERS public agency employer as required by this Agreement.

12. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the Parties hereto. This Agreement supersedes any previous

contracts, agreements, negotiations or understandings, whether written or oral, between the Parties. Employee shall be entitled to no other compensation or benefits than those specified herein, and Employee acknowledges that no representation, inducements or promises not contained in this Agreement have been made to Employee to induce Employee to enter into this Agreement. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both Parties. Employee understands that no oral modification of this Agreement made by any officer, agent, or employee of the City is effective.

Employee specifically acknowledges that in entering into and executing this Agreement, Employee relies solely upon the provisions contained herein and no others.

13. Support Services and Equipment: Employee shall be provided work space and the necessary tools and equipment during assigned working hours, sufficient to fulfill obligations under this Agreement, as determined by the City Manager, at no cost to Employee.

14. Reimbursement for Necessary and Approved Work Expenses: Employee shall be reimbursed by City in accordance with standard City policy for all properly pre-authorized and necessary travel or other expenditures undertaken by Employee in performance of services pursuant to this Agreement. Employee shall document and claim said reimbursement in the manner and forms required by the City. Other than as specifically provided herein, Employee shall receive no other compensation or reimbursements for expenses incurred in performance of this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above.

CITY OF YUBA CITY:

By: ___________________________
Diana Langley
City Manager

EMPLOYEE
By: __________________________________
Robert Condrey

EXHIBIT A
The temporary, limited term employment under this Agreement is for performance of the following duties and scope of work:

1. Bus driving to transport passengers for City activities and functions.

ATTACHMENT 2

RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE EXCEPTION OF THE CALPERS 180-DAY WAIT PERIOD FOR

CALPERS ANNUITANT
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council of the City of Yuba City must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Robert Condrey, “Condrey” (CalPERS ID 7030368412) is retiring from the City of Yuba City in the position of Parks and Grounds Superintendent effective (CalPERS retirement date October 13, 2023); and
WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which (date of 181st day after retirement) without this certification; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City of Yuba City and Condrey certify that Condrey has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Condrey as an extra help retired annuitant to perform the duties of a passenger bus driver for the City of Yuba City under Gov.

Code section 21224 effective October 13, 2023 or as soon thereafter as the City receives CalPERS approval; and
WHEREAS, the entire employment agreement, contract or appointment document between Condrey and the City of Yuba City has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS, the hourly rate paid to Condrey will be $25.00; and WHEREAS, Condrey has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the appointment of Condrey as described herein and detailed in the attached employment agreement/contract/ appointment document and that this appointment is necessary to fill the critically needed position of passenger bus driver for the City of Yuba City by October 13, 2023, or as soon thereafter as possible, because of Condrey’s specialized skills (bus driving with passengers).

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:
_______________________
Wade Kirchner, Mayor
Attest:
___________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
________________________
Stacey Sheston
BB&K, Special Counsel

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: October 3, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Heavy Equipment Lease Financing
Recommendation: Adopt a Resolution awarding a contract for lease purchase financing services to JPMorgan Chase Bank, N.A., to finance the purchase of two dump trucks and an all-terrain fire engine through a Master Lease Agreement for a $1,000,000 line of credit
Fiscal Impact: Purchase cost to the City is $397,099.22 for the purchase and equipping of two dump truck vehicles, an estimated $515,000 for the purchase and equipping of the all-terrain fire vehicle, an estimated $20,000 for cost of issuance, and $228,000 in total interest costs over the next 10 years on the amount borrowed to purchase the vehicles.

Purpose:

Use lease financing to purchase two dump trucks and an all-terrain fire vehicle.

Council's Strategic Goal:

This item addresses the City Council strategic goal of fiscal responsibility.

Background:

The City continues to update its fleet to replace aging vehicles and ensure compliance with changing regulations. In 2021, the City financed two fire engines, a sewer Vac-Con truck, a 12-yard dump truck, a street sweeper, and a backhoe loader through a 10-year equipment lease purchase financing. Prior to 2021, the City had purchased vehicles using cash, but starting in 2021, the City implemented a financing strategy for some vehicles to tie the cost of those vehicles to their useful lives and also to ease the near-term burden on the contributing funds.

City staff are proposing to finance the acquisition of two dump truck vehicles and an all-terrain fire vehicle. The City Council authorized the purchase of the vehicles as part of the approval of the 2023- 24 Operating Budget.

City staff have received a quote from PB Loader Corporation for a total net price of $388,796.45 for the purchase of two dump truck vehicles. The quote reflects the benefit of Sourcewell pricing, a

government purchasing consortium. Delivery time for the trucks is approximately 240-280 days after the order is placed.

City staff estimate that the total cost of the all-terrain fire vehicle (including post-production equipping of the vehicle) will be approximately $515,000. The City does not have a quote at this time, but recognizes that the benefits of locking in a competitive financing rate and the economies of scale from including financing for the fire truck along with the financing for the two dump truck vehicles.

Analysis:

Staff reached out to the City’s municipal advisors, NHA Advisors, LLC of San Rafael, California (NHA) to assist in a competitive bidding process for the equipment lease financing. NHA prepared a bid packet, sent it out to seventeen banks, and received nine bids ranging from 3.99% to 8.99%. Upon review of the bids, NHA determined that JPMorgan Chase Bank N.A. (“JPMorgan”) had the most competitive bid, since their bid identified a locked, fixed 3.99% interest rate and no add-on bank financing costs. Their bid is attached to this agenda item.

JPMorgan’s 3.99% bid is based on the City utilizing a make-whole call option for the financing. This make-whole call option means that if the City elects to pre-pay the equipment lease financing, the prepayment price is a function of both the remaining outstanding lease payments and the market interest rates as of the time of prepayment. Typically, an issuer will utilize a make-whole call provision when the issuer desires to preserve the option to prepay a financial obligation, but also recognizes that it is unlikely that they refund that obligation for savings in the future. Given the size of this lease ($1 million), the short, 10-year term, and the City’s historic practice of letting these equipment leases remain for their full term, City staff and their municipal advisor believe that the benefits of securing a lower interest rate outweigh the potential costs associated with a make-whole call.

In addition to JPMorgan’s bid, other documents included with this agenda item are the Master Lease Agreement, the 2023 Lease Schedule and the Escrow Agreement. These documents are summarized in the following bullet points:
• Good Faith Estimates – these are required under California Government Code Section 5852.1 and provide a point-in-time estimate of the costs of the 10-year financing. Because the City’s interest rate is locked, and fixed through maturity, it is likely that these point-in-time estimates will also be the final amounts paid.
• Authorizing Resolution – empowers City staff to enter into the equipment lease with JPMorgan for the purchase of the vehicles, provided the lease terms comply with the not-toexceed amounts identified in the resolution. • Master Lease Agreement (“MLA”) – Outlines the general provisions of the agreement between JPMorgan and the City for the current $1 million Lease Schedule and for any future additional lease schedules. Since the MLA is intended to apply to multiple Lease Schedules, the provisions contained in the MLA are not equipment specific. • Lease Schedule (“2023 Lease Schedule”) – contains the details specific to the current $1 million 2023 Lease Schedule and describes the equipment being financed, including the interest rate, repayment terms, prepayment terms, and other affirmations of the City. • Escrow Agreement – outlines the relationship between the City, JPMorgan, and TMI Trust Company (“Escrow Agent”) for the 2023 Lease Schedule. This document outlines the role of the Escrow Agent, the terms under which the Escrow Agent will administer the escrow account, investment guidelines for funds in the escrow, and the process by which escrow funds will be disbursed to the City or to vendors to pay for the vehicles.

Fiscal Impact:

The City plans to use the 2023 Lease Schedule to finance the acquisition of two dump trucks and one all-terrain fire vehicle. The total amount borrowed will be $1 million, which will pay for the $397,099.22 cost of the two dump trucks, an estimated $515,000 for the fire vehicle, and an estimated $20,000 cost of issuance. The remainder under the $1 million authorization will serve as contingency in the event that costs come in higher than anticipated. Because the City is financing these costs, the City will not be paying them upfront. Rather, during the 10-year term of the lease, the City will pay approximately $121,260 each fiscal year through FY 2033-34 (final payment September 1, 2033). During the 10-year term of the 2023 Lease Schedule, the total interest paid by the City will be approximately $228,000.

Alternatives:

City Council may direct staff to:

1. not purchase these vehicles;

2. rely on cash-on-hand to make the purchase; or

3. seek new proposals through a different proposal process.

Recommendation:

Adopt a Resolution awarding a contract for lease purchase financing services to JPMorgan Chase Bank, N.A., to finance the purchase of two dump trucks and an all-terrain fire engine through a Master Lease Agreement for a $1,000,000 line of credit.

Attachments:

1. Authorizing Resolution

2. Master Lease Agreement

3. Lease Schedule

4. Escrow Agreement

5. JPMorgan Bid

6. Good Faith Estimates
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

4842-9792-2036.4
ATTACHMENT 1

2 RESOLUTION NO. 23-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YUBA CITY, CALIFORNIA, AUTHORIZING THE EXECUTION

AND DELIVERY OF A LEASE-PURCHASE AGREEMENT FOR

THE ACQUISITION, FINANCING AND LEASING OF CERTAIN

EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS
HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND

DELIVERY OF OTHER DOCUMENTS REQUIRED IN
CONNECTION THEREWITH; AND AUTHORIZING THE TAKING

OF ALL OTHER ACTIONS NECESSARY TO THE

CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED
BY THIS RESOLUTION.

WHEREAS, the City of Yuba City, California (the “Lessee” or the “City”), is a political subdivision of the State of California (the "State") and is duly organized and existing pursuant to the constitution and laws of the State; and
WHEREAS, the City is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the City; and WHEREAS, the City Council of the Lessee (the “Council”) has determined that a need exists for the acquisition, financing and leasing of certain equipment consisting of (i) two dump trucks, (ii) an all-terrain emergency fire vehicle, and (iii) any related equipment and accessories, including similar vehicles and equipment as approved by an Authorized Representative (as defined herein), all of which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the “Equipment”) on the terms herein provided; and WHEREAS, the Council hereby finds and determines that the execution of one or more leasepurchase agreements ("Equipment Leases") in the principal amount not exceeding $1,000,000 ("Principal Amount") for the purpose of acquiring the Equipment generally described above and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the Lessee; and
WHEREAS, JPMorgan Chase Bank, N.A. ("Lessor") is expected to act as the lessor under the Equipment Leases; and
WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal Amount.

WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to

3 be reimbursed for any capital expenditures for Equipment from the Lease Purchase Proceeds; and
WHEREAS, the Equipment Leases being considered herein comply with the provisions of the City’s Debt Management Policy, which policy was adopted to ensure compliance with California Government Code Section 8855(i) and to establish procedures for the issuance and management of debt obligations.

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

Section 1. Approval of Documents. The form, terms and provisions of the Equipment Leases are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the Authorized Representatives (as defined herein) executing the same, the execution of such documents being conclusive evidence of such approval.

Section 2. Authorized Representatives. Either the City Manager or the Finance Director/City Treasurer (each an "Authorized Representative") acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of the Lessee.

Section 3. Not To Exceed Amounts. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided herein:
(a) the aggregate principal component of the Equipment Leases shall not exceed $1,000,000; (b) the maximum term of any Equipment Leases shall not exceed eleven (11) years; and (c) the maximum interest rate used to determine the interest component of any Equipment Leases shall not exceed 4.25% per annum.

Section 4. Annual Appropriations. The Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and the Lessee’s obligations under the Equipment Leases shall not constitute a general obligations of the Lessee or indebtedness under the Constitution or laws of the State.

4 Section 5. Reimbursement. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee’s official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property.

Section 6. Bank Qualification. As to each Equipment Lease, Lessee hereby designates each Equipment Lease as a "qualified tax-exempt obligation" for the purposes of and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended ("Code") and Lessee 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.

Section 7. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 8. Government Code Section 5852.1 Transparency. The City’s municipal advisor has provided good faith estimates pursuant to Government Code Section 5852.1, which estimates are part of the Staff Report for this matter
Section 9. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

Section 10. Effective Date. This Resolution shall take effect immediately upon its adoption and approval.
[Remainder of page intentionally left blank]

5 The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 3rd day of October, 2023.

AYES:

NOES:

ABSENT:

RECUSED:

Wade Kirchner, Mayor
Ciara Wakefield, Deputy City Clerk
Approved as to form
Counsel for Yuba City:
_____________________________
Shannon Chaffin, Esq.,
Aleshire & Wynder, LLP

ATTACHMENT 2

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MASTER LEASE-PURCHASE AGREEMENT
Dated As of: OCTOBER 13, 2023
Lessee: CITY OF YUBA CITY
This Master Lease-Purchase Agreement together with all addenda, riders and attachments hereto, as the same may from time to time be amended, modified or supplemented ("Master Lease") is made and entered by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the lessee identified above ("Lessee").

1. LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor.

2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular and plural form of such terms. (a) "Schedule" means each Lease Schedule signed and delivered by Lessee and Lessor, together with all addenda, riders, attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplemented. Lessee and Lessor agree that each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the terms and conditions of the Master Lease. (b) "Lease" means any one Schedule and this Master Lease as incorporated into said Schedule. (c) "Equipment" means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. (d) "Lien" means any security interest, lien, mortgage, pledge, encumbrance, judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of any person. (e) "Termination Value" has the meaning assigned to such term in the applicable Payment Schedule.

3. LEASE TERM. The term of the lease of the Equipment described in each Lease ("Lease Term") commences on the first date any of such Equipment is accepted by Lessee pursuant to Section 5 hereof or on the date specified in the Schedule for such Lease and, unless earlier terminated as expressly provided in the Lease, continues until Lessee's payment and performance in full of all of Lessee's obligations under the Lease.

4. RENT PAYMENTS.

4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments (the "Rent Payments") in the amounts and at the times as set forth in the Payment Schedule attached to the Schedule (the "Payment Schedule"). A portion of each Rent Payment is paid as and represents the payment of interest as set forth in the Payment Schedule. Lessee acknowledges that its obligation to pay Rent Payments including interest therein accrues as of the Accrual Date stated in the Schedule or its Payment Schedule; provided, that no Rent Payment is due until Lessee accepts the Equipment under the Lease or the parties execute an escrow agreement. Rent Payments will be payable for the Lease Term in U.S. dollars, without notice or demand at the office of Lessor (or such other place as Lessor may designate from time to time in writing).

4.2 If Lessor receives any payment from Lessee later than ten (10) days from the due date, Lessee shall pay Lessor on demand as a late charge five per cent (5%) of such overdue amount, limited, however, to the maximum amount allowed by law.

4.3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6, THE OBLIGATION TO PAY RENT PAYMENTS

UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER.

5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS.

5.1 Lessee shall arrange for the transportation, delivery and installation of all Equipment to the location specified in the Schedule ("Location") by Equipment suppliers ("Suppliers") selected by Lessee. Lessee shall pay all costs related thereto.

5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee shall evidence its acceptance of any Equipment by signing and delivering to Lessor the applicable Schedule. If Lessee signs and delivers a Schedule and if all Funding Conditions have been satisfied in full, then Lessor will pay or cause to be paid the costs of such Equipment as stated in the Schedule ("Purchase Price") to the applicable Supplier.

5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions established by Lessor ("Funding Conditions") have been satisfied, including, without limitation, the following: (a) Lessee has signed and delivered the Schedule and its Payment Schedule; (b) no Event of Default shall have occurred and be continuing; (c) no material adverse change shall have occurred in the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder

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(collectively, the "Code"); (d) no material adverse change shall have occurred in the financial condition of Lessee or any Supplier; (e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except Lessor's Liens); (f) all representations of Lessee in the Lease remain true, accurate and complete; and (g) Lessor has received all of the following documents, which shall be reasonably satisfactory, in form and substance, to Lessor: (1) evidence of insurance coverage required by the Lease; (2) an opinion of Lessee's counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code (UCC) financing statements; (5) copies of resolutions by Lessee's governing body authorizing the Lease and incumbency certificates for the person(s) who will sign the Lease; (6) such documents and certificates relating to the tax-exempt interest payable under the Lease (including, without limitation, IRS Form 8038G or 8038GC) as Lessor may request; and (7) such other documents and information previously identified by Lessor or otherwise reasonably requested by Lessor.

6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS.

6.1 For each Lease, Lessee represents and warrants: that it has appropriated and budgeted the necessary funds to make all Rent Payments required pursuant to such Lease for the remainder of the fiscal year in which the Lease Term commences; and that it currently intends to make Rent Payments for the full Lease Term as scheduled in the applicable Payment Schedule if funds are appropriated for the Rent Payments in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, Lessee reasonably believes that moneys in an amount sufficient to make all Rent Payments can and will lawfully be appropriated therefor. Lessee directs the person in charge of its budget requests to include the Rent Payments payable during each fiscal year in the budget request presented to Lessee's governing body for such fiscal year; provided, that Lessee's governing body retains authority to approve or reject any such budget request. All Rent Payments shall be payable out of the general funds of Lessee or out of other funds legally appropriated therefor. Lessor agrees that no Lease will be a general obligation of Lessee and no Lease shall constitute a pledge of either the full faith and credit of Lessee or the taxing power of Lessee.

6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments or other payments due under a Lease and if other funds are not legally appropriated for such payments, then a "Non-Appropriation Event" shall be deemed to have occurred. If a Non-Appropriation Event occurs, then: (a) Lessee shall give Lessor immediate notice of such NonAppropriation Event and provide written evidence of such failure by Lessee's governing body; (b) on the Return Date, Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Return Date without penalty to Lessee, provided, that Lessee shall pay all Rent Payments and other amounts payable under the affected Lease for which funds have been appropriated, provided further, that Lessee shall pay month-to-month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment under this Section 6.2. "Return Date" means the last day of the fiscal year for which appropriations were made for the Rent Payments due under a Lease.

7. LIMITATION ON WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR

IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO THE

MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OF THE EQUIPMENT OR AS TO THE VALUE, DESIGN, CONDITION, USE, CAPACITY OR DURABILITY OF ANY OF THE EQUIPMENT. For and during the Lease Term, Lessor hereby assigns to Lessee any manufacturer's or Supplier's product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's sole expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor in accordance with Lessee's specifications from Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or Supplier's product warranties or guaranties, (d) no manufacturer or Supplier or any representative of said parties is an agent of Lessor, and (e) any warranty, representation, guaranty or agreement made by any manufacturer or Supplier or any representative of said parties shall not be binding upon Lessor.

8. TITLE; SECURITY INTEREST.

8.1 Upon Lessee's acceptance of any Equipment under a Lease, title to the Equipment shall vest in Lessee, subject to Lessor's security interest therein and all of Lessor's other rights under such Lease including, without limitation, Sections 6, 20 and 21 hereof.

8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first priority security interest in any and all of the Equipment (now existing or hereafter acquired) and any and all proceeds thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to evidence and perfect such security interest, including, without limitation, UCC financing statements and any amendments thereto.

8.3 "Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and payable under all present and future Leases and to perform and observe all covenants, agreements and conditions (direct or indirect, absolute or contingent, due or to become due, or existing or hereafter arising) of Lessee under all present and future Leases.

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9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon.

10. MAINTENANCE AND OPERATION. Lessee agrees it shall, at its sole expense: (a) repair and maintain all Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; and (b) use and operate all Equipment in a careful manner in the normal course of its operations and only for the purposes for which it was designed in accordance with the manufacturer's warranty requirements; and (c) comply with all laws and regulations relating to the Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for any Equipment will be provided by Lessor. Lessee will not make any alterations, additions or improvements ("Improvements") to any Equipment without Lessor's prior written consent unless the Improvements may be readily removed without damage to the operation, value or utility of such Equipment, but any such Improvements not removed prior to the termination of the applicable Lease shall automatically become part of the Equipment.

11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its permanent base will not be changed from, the Location without Lessor's prior written consent which will not be unreasonably withheld. Upon reasonable notice to Lessee, Lessor may enter the Location or elsewhere during normal business hours to inspect the Equipment.

12. LIENS, SUBLEASES AND TAXES.

12.1 Lessee shall keep all Equipment free and clear of all Liens except those Liens created under its Lease. Lessee shall not sublet or lend any Equipment or permit it to be used by anyone other than Lessee or Lessee's employees.

12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any Equipment or its ownership, lease, rental, sale, purchase, possession or use, upon any Lease or upon any Rent Payments or any other payments due under any Lease. If Lessee fails to pay such Taxes when due, Lessor shall have the right, but not the obligation, to pay such Taxes. If Lessor pays any such Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefor. "Taxes" means present and future taxes, levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without limitation (a) sales, use, excise, licensing, registration, titling, gross receipts, stamp and personal property taxes, and (b) interest, penalties or fines on any of the foregoing.

13. RISK OF LOSS.

13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole or in part from any reason whatsoever ("Casualty Loss"). No Casualty Loss to any Equipment shall relieve Lessee from the obligation to make any Rent Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's obligations under this Section 13.

13.2 If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same.

13.3 If Lessor determines that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"), then Lessee shall either: (a) immediately replace the Lost Equipment with similar equipment in good repair, condition and working order free and clear of any Liens (except Lessor's Liens), in which event such replacement equipment shall automatically be Equipment under the applicable Lease, and deliver to Lessor true and complete copies of the invoice or bill of sale covering the replacement equipment; or (b) on earlier of 60 days after the Casualty Loss or the next scheduled Rent Payment date (the "Loss Payment Due Date"), pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the Rent Payments due on or accrued through such date plus (ii) an amount equal to the Termination Value as of the Rent Payment date (or if the Casualty Loss payment is due between Rent Payment dates, then as of the Rent Payment date preceding the date that the Casualty Loss payment is due) set forth in the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the Rent Payment and Termination Value to be paid by Lessee with respect to the Lost Equipment and a revised Payment Schedule. "Break Funding Charge" means the amount, if any, by which (a) the present value of all Remaining Payments discounted to the Prepayment Date at a rate equal to the swap rate of an interest rate swap which the Lessor shall be deemed to have entered into as of the business day preceding the Prepayment Date exceeds (b) the present value of all Remaining Payments discounted to the Prepayment Date at a rate equal to the swap rate of an interest rate swap which the Lessor shall be deemed to have entered into as of the date of the Lease. "Fair Market Value" means the amount which would be paid for an item of Equipment by an informed and willing buyer (other than a used equipment or scrap dealer) and an informed and willing seller neither under a compulsion to buy or sell. "Prepayment Date" means, (i) in the case of a payment resulting from a Casualty Loss, the Loss Payment Due Date, or (ii) in the case of a demand made pursuant to section 20, the Demand Date. "Remaining Payments" means, as of the Prepayment Date, (a) the remaining rents and all other amounts Lessee is obligated to pay