Yuba City City Council
December 19, 2023

Yuba City Local Roadway Safety Plan

SIGNAL MODIFICATIONS & INTELLIGENT

TRANSPORTATION SYSTEMS (ITS)
Accessible Pedestrian Signals
Advance Dilemma Zone Detection
Bicycle Detection, Confirmation & Signal/
Signage Adaptation

GEOMETRIC MODIFICATIONS
Lane Narrowing
Median Barrier
Raised Median/Access Control
and Turn Restrictions
Road Diet

CONTROL
All-Way Stop Control
Install Roundabout
Install Signal
LED-Enhanced Stop Signs

LIGHTING
Intersection Lighting
Segment Lighting
Summary of Engineering
Countermeasures
Caltrans Local Road Safety Manual (LRSM) Countermeasure Dynamic Speed Management
Emergency Vehicle Preemption
Extend Yellow and All Red Time
Flashing Beacon as Advance Warning
Improve Signal Timing
Larger Signal Head
Leading Pedestrian Interval and Pedestrian Recall
Passive Pedestrian Detection and
Extended Pedestrian Interval
Pedestrian Scramble Phase/All Pedestrian Phase
Protected Left Turns
Retroreflective Borders on Signals
Restrict Right-Turn-on-Red
Shorten Cycle Length
Signal Adaptive Speed Response
Signal Mast Arm
Signal Rest in Red
Slow Green Wave/Signal Timing for Speed
Management
Speed Monitoring and Feedback
Supplemental Signal Heads
Uniform Signal Head Spacing
72

Chapter 5: Collision Data Analysis

PEDESTRIAN & BICYCLE
Advance Stop Bar
Bike Box
Bus Stop Relocation
Curb Extensions/Bulbouts
Green Bike Conflict Striping/Mixing Zone
High-Visibility Crosswalk
Install Sidewalks
Precast Concrete Track Panels
Pedestrian Hybrid Beacon
Raised Crosswalk
Raised Median/Refuge Island
Rectangular Rapid Flashing Beacon
Separated Bike Lanes
Uncontrolled Pedestrian Crossings
with Enhanced Safety Features

OPERATION/WARNING
Centerline Hardening
Daylight Intersection
Decrease Sign Clutter
Improve Sight Distance
Speed Humps
Stripe Parking Lane
Upgrade Intersection Pavement Markings
Upgrade to Larger or Install Additional Warning
Signs
Summary of Engineering
Countermeasures
Caltrans Local Road Safety Manual (LRSM) Countermeasure 73

Yuba City Local Roadway Safety Plan
Non-Engineering
Countermeasures
While constructing safety-related
improvements may be perceived by
some as the most effective means
for improving roadway safety, nonengineering countermeasures can also substantially contribute to making
roads safer for all users.

Countermeasures that Work, a
Highway Safety Countermeasure
Guide for State Highway Safety
Offices, 10th Edition (National Highway
Transportation Safety Agency, 2020)
is a free online reference available
at: Countermeasures That Work |
NHTSA. This resource contains a
separate chapter addressing each
of 10 problem areas. Of the 10
problem areas listed, Alcohol and
Drug-Impaired Driving, Speeding and
Speed Management, Young Drivers,
Pedestrian Safety, and Bicyclist
Safety are the 5 topical areas most
applicable in Yuba City based on the
data analysis contained in this LRSP.

Each of these topic areas is discussed
below:

Alcohol and Drug-Impaired Driving
Countermeasures focus on deterrence
through enforcement (i.e., publicized
sobriety checkpoints, high-visibility
saturation patrols), legal means (i.e.,
license revocation or suspension,
enforcing open container laws,
blood alcohol test refusal penalties),
prevention (alcohol treatment
programs, alcohol ignition interlocks),
prevention/communication (alcohol
screening / intervention, massmedia campaigns), and Underage Drinking and Drinking and Driving (i.e.,
promoting and enforcing minimum
drinking age of 21 laws).

Young Drivers
Many of the countermeasures cited
(e.g., graduated drivers licenses,
nighttime driving restrictions,
passenger restrictions) are already
laws in California. Additional measures
include enforcement of graduated
driver's license laws and electronic
technology for parental monitoring.

Pedestrian Safety
Countermeasures include establishing
elementary-age child pedestrian
training, safe routes to school
programs, walking school buses,
pedestrian safety zones, reduce and
enforce speed limits, and conspicuity
enhancement.

Bicyclist Safety
Countermeasures include bicycle
helmet laws for children and adults,
safe routes to school programs, and
active lighting and rider conspicuity.

Speeding and Speed Management
Countermeasures include establishing and enforcing
speed limits and communications and outreach
supporting enforcement. Automated enforcement
was also mentioned through either red-light running
cameras or automated speed enforcement. The
former is now seldom used in California and the latter
is not currently legal in California though discussions about it are ongoing.

Speed management is a topic that has gained
increased interest lately. By introducing physical
features beyond speed limit and feedback signs,
vehicle speeds are reduced, directly improving the
probability of a pedestrian survives a collision with
a vehicle. High end speeding, which often focuses
on speeds that are at least 10 mph above the
posted speed limit, can also be reduced via speed
management. The following example illustrates a
corridor in Yuba City with a high proportion of speeds
in this category. This could potentially be a good
candidate for speed management measures.
74

Chapter 5: Collision Data Analysis
What You'll See
in This Toolbox
Countermeasure Details
LRSM Countermeasure Code
LRSM Countermeasure
Countermeasure Title
Countermeasure Icon
Countermeasure
Description
Crash Reduction Factor
(CRF) is the percentage
crash reduction that might be
expected after implementing a
given countermeasure. CRFs
come from Caltrans Local
Roadway Safety Manual.

Mode(s) this Countermeasure
Affects
Indicates Reductions in
Nighttime Crashes
Applicable to
LRSM Countermeasures
NIGHT
Key Issues in Yuba City
Most Relevant to Countermeasure
Local Roadway
Safety Manual
Many of these countermeasures
are recommended for the 10
emphasis areas included in this
report. Most of the countermeasures
are included in the 2020 Caltrans
Local Roadway Safety Manual
(LRSM) and can be advantageous
for use in Caltrans Highway Safety
Improvement Program (HSIP) grant
funding applications. The toolbox
identifies a Caltrans-approved Crash
Reduction Factor (CRF), the expected
life of the project, the federal funding
eligibility, the systemic opportunity
for countermeasure implementation,
and applicable collision type (e.g.,
all modes, bicycle and pedestrian
collisions only, etc.) as outlined in
the LRSM. The higher the CRF, the
greater the expected reduction in
collisions. There are many effective
safety countermeasures beyond
those listed in the LRSM, and several
are included in this toolbox.

Intersection Lighting
Adding Intersection Lighting at the
intersection and on its approaches, improves
the safety of an intersection during nighttime
conditions by (1) making drivers more aware
of the surroundings at an intersection, which
improves drivers' perception-reaction times, (2)
enhancing drivers' available sight distances,
and (3) improving the visibility of non-motorists.

Intersection lighting is of particular benefit to
non-motorized users as lighting not only helps
them navigate the intersection, but also helps
drivers see them better. Upgrading to LED
lighting also has a documented safety benefit.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 40%
CRASH
TYPE
S01/NS01
NIGHT

NIGHTTIME
Hot Spot Sample Locations
show applicability of some
countermeasures
at select KSI Hot Spots

LRSM ID

HOT SPOT SAMPLE LOCATION
Street Name
75

Yuba City Local Roadway Safety Plan

LIGHTING
Intersection Lighting Segment Lighting
Adding Intersection Lighting at the intersection
and on its approaches, improves the safety of
an intersection during nighttime conditions by (1)
making drivers more aware of the surroundings
at an intersection, which improves drivers'
perception-reaction times, (2) enhancing drivers'
available sight distances, and (3) improving the
visibility of non-motorists. Intersection lighting
is of particular benefit to non-motorized users
as lighting not only helps them navigate the
intersection, but also helps drivers see them
better. Upgrading to LED lighting also has a
documented safety benefit.

Where additional intersection lighting is installed
in the future, it will be LED lighting, in line with
current City standards.

Providing segment lighting improves safety
during nighttime conditions by making drivers
more aware of the surroundings, which improves
drivers' perception-reaction times; enhancing
drivers' available sight distances to perceive
roadway characteristic in advance of the change;
and improving non-motorist's visibility and
navigation. Upgrading to LED lighting also has a
documented safety benefit.

Where additional segment lighting is installed
in the future, it will be LED lighting, in line with
current City standards.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 40%
CRASH
TYPE
CRF 35%
CRASH
TYPE
LRSM ID S01/NS01 LRSM ID R01

NIGHT NIGHT
Guidance for Lighting
at Midblock Crosswalks Source: FHWA

NIGHTTIME NIGHTTIME

HOT SPOT SAMPLE LOCATION
Live Oak Boulevard
High Pressure Sodium (HPS) street lights (shown left) to Light Emitting Diode (LED) lights (shown right)
76

Chapter 5: Collision Data Analysis

CONTROL
All-Way Stop Control
An all-way stop-controlled intersection
requires all vehicles to stop before crossing
the intersection. An all-way stop-controlled
intersection improves safety by removing the
need for motorists, bicyclists, and pedestrians
on a side-street stop-controlled intersection to
cross free-flowing lanes of traffic, which reduces
the risk of collision. An "All-Way Stop" sign
should be placed under stop signs at all-way
stop-controlled intersections as required by
the California Manual on Uniform Traffic Control
Devices (CA MUTCD).

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity High
NS02
CRF 50%
CRASH

TYPE LEFT-TURN ANGLE

BROADSIDE
Install Signal Install Roundabout
Traffic signals at intersections control the flow
of traffic. Traffic signals have the potential to
reduce the most severe type crashes but will
likely cause an increase in rear-end collisions.

A reduction in overall injury severity is likely the
largest benefit of traffic signal installation.

A roundabout is a type of circular intersection
in which road traffic is permitted to flow in one
direction around a central island, and priority is
typically given to traffic already in the junction.

The types of conflicts that occur at roundabouts
are different from those occurring at conventional
intersections; namely, conflicts from crossing
and left-turn movements are not present in a
roundabout. The geometry of a roundabout keeps
the range of vehicle speed narrow, which helps
reduce the severity of crashes when they do occur.

Pedestrians only have to cross one direction of
traffic at a time at roundabouts, thus reducing their
potential for conflicts. See CA MUTCD Chapter 3C
for details.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Low
Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Low
NS03 S16/NS04/NS05
CRF 30%
CRASH
TYPE

CRF VARIES
CRASH
TYPE

MAJOR UNSIGNALIZED INTERSECTION

BROADSIDE

MAJOR UNSIGNALIZED INTERSECTION

BROADSIDE

LRSM ID LRSM ID LRSM ID
77

Yuba City Local Roadway Safety Plan
LED-Enhanced Stop Sign
An LED-Enhanced Stop Sign has LED lights
embedded in the sign to outline the sign itself or
the words and symbols on the sign. The LEDs may
be set to flash or operate in a steady mode. An
LED-enhanced sign improves safety by improving
the visibility of signs at locations with visibility
limitations or with a documented history of drivers
failing to see or obey the stop sign.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
NS8
CRF 15%
CRASH
TYPE

MAJOR UNSIGNALIZED INTERSECTION

BROADSIDE

LRSM ID
Median Barrier
This strategy is designed to prevent headon collisions by providing a barrier between opposing lanes of traffic. The variety of median
barriers available makes it easier to choose
a site-specific solution. The main advantage
is the reduction of the severity of the crashes.

Median Barriers can also be used at locations to
discourage pedestrian crossings where a safe
crossing cannot be provided.

Expected Life (Years) 20
Federal Funding Eligibility 100%/90%
Systemic Opportunity Medium/Low
CRF 25%/35%
CRASH
TYPE
R03/S13PB

HEAD-ON

PEDESTRIAN CROSSING OUTSIDE CROSSWALK

LRSM ID

CONTROL/

GEOMETRIC

MODIFICATIONS
Raised Median/Access Control
and Turn Restrictions
Access control and turn restrictions balances
traffic safety and efficiency with reasonable
property access. Installing a raised median can
restrict turning movements and reduce head-on
collisions by number of vehicles that cross the
centerline.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
S12/S14/NS14/NS15/R08
CRF 25-50%
CRASH
TYPE

IMPROPER TURNING BROADSIDE

MAJOR UNSIGNALIZED INTERSECTIONS

LRSM ID

HOT SPOT SAMPLE LOCATION
Walton Avenue, Gray Avenue
78

Chapter 5: Collision Data Analysis
Accessible Pedestrian Signals
Curb ramps and push buttons must comply with
the Americans with Disability Act (ADA) standards
for accessibility. Push buttons should be visible
and conveniently located for pedestrians waiting
at a crosswalk. Accessible pedestrian signals,
including audible push buttons, improve access
for pedestrians who are blind or have low vision.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 25%
CRASH
TYPE
S19

CROSSING IN CROSSWALK

LRSM ID

GEOMETRIC / SIGNAL

MODIFICATIONS
ES2

EXECUTIVE SUMMARY
local economies, such as property values or business
revenues. In other words, while there are myriad
voices linking road diets to both positive and negative economic outcomes, there is very little concrete
evidence to support either claim. York Boulevard: The
Economics of a Road Diet explores this relationship
through case research in the Highland Park
neighborhood of northeast Los Angeles, California.

The backbone of a low- to moderate-density,
mixed residential and commercial neighborhood,
York Boulevard is an ideal corridor for studying the
economic effects of road diets because it creates
a natural experiment. Land uses, socioeconomic
characteristics, and the quantity and types of
businesses remain fairly comparable over the entire
the study corridor, but half of the corridor has a road diet and bicycle lanes and the other half does not.

As Figure ES2 illustrates, the western portion of the
corridor—between Eagle Rock Boulevard and Avenue
55—received a road diet in 2006 and bike lanes in
2010. The eastern half of the York Boulevard corridor,
from Avenue 55 to Figueroa Street, retains its original, Pre-Road Diet
Two auto lanes in each direction, shared with bicycles
Post-Road Diet
One auto lane and one bike lane in each direction, plus a center turn lane Figure Typical road diet conversion ES1
Typical Road Diet
Configuration
Source: Fehr & Peers
Road Diet
A road diet reduces roadway space dedicated
to vehicle travel lanes to create room for bicycle
facilities, wider sidewalks, or center turn lanes. A
Road Diet improves safety by reducing vehicle
speeds and creating designated space for all
road users. FHWA advises that streets with
20,000 ADT or less may be good candidates
for road diets, though road diets have been
implemented successfully on roadways with
higher traffic volumes in urban settings.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
CRF 30%
CRASH
TYPE
R14

UNSAFE SPEED

LRSM ID

HOT SPOT SAMPLE LOCATION
Live Oak Boulevard
79

Yuba City Local Roadway Safety Plan
Advanced Dilemma-Zone
Detection
An advanced dilemma-zone detection
system minimizes the number of vehicles the
intersection traffic control signal system exposes
to an intersection-approach dilemma zone. This
is accomplished by adjusting the start time of the
yellow-signal phase either earlier or later, based
on observed vehicle locations and speeds.

This City will continue to included this measure
for new signal installations.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity High
CRF 40%
CRASH
TYPE
S04

SIGNALIZED INTERSECTION BROADSIDE

LRSM ID
SIGNAL

MODIFICATIONS
& ITS
Extend Yellow and
All Red Time
Extending yellow and all red time increases
the time allotted for the yellow and red lights
during a signal phase. Extending yellow and red
time improves safety by allowing drivers and
bicyclists to safely cross through a signalized
intersection before conflicting traffic movements
are permitted to enter the intersection. See CA
MUTCD Section 4D.26 for more detail.

Expected Life (Years) 10
Federal Funding Eligibility 50%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S03

SIGNALIZED INTERSECTION BROADSIDE

LRSM ID
Emergency Vehicle Preemption
Providing emergency vehicle preemption at a
signal provides two major safety benefits. First,
emergency vehicle preemption may decrease
the potential for a collision as emergency vehicles
try to navigate through intersections and as other
vehicles try to maneuver out of the path of the
emergency vehicles. Second, signal preemption
can decrease emergency vehicle response times,
decreasing the time for victims to receive medical
attention, a critical concept of the Post Crash Care
element of the Safe System Approach.

Yuba City may consider including emergency
vehicle preemption improvements in a
comprehensive project that also makes
significant signal hardware and/or signal timing
improvements. Installing emergency vehicle
preemption is a citywide initiative, including
upgrading locations with existing preemption
systems to a new cloud-based platform.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity High
CRF 70%
CRASH
TYPE Emergency Vehicle
S05

EMERGENCY VEHICLE COLLISIONS

LRSM ID

SIGNALIZED INTERSECTION
80

Chapter 5: Collision Data Analysis
SIGNAL

MODIFICATIONS
& ITS
Flashing Beacon as
Advance Warning
A flashing beacon as advance warning is a
blinking light with signage to notify motorists
of an upcoming intersection or crosswalk. A
Flashing Beacon improves safety by providing
motorists more time to be aware of and slow
down for an intersection or yield to pedestrians
crossing a crosswalk.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 30%
CRASH
TYPE
S10

REAR-END ANGLE

SIGNALIZED INTERSECTION

LRSM ID LRSM ID
Improve Signal Timing
Certain timing, phasing, and control strategies
can produce multiple safety benefits.

Signalization improvements may include
adding phases, lengthening clearance intervals,
eliminating or restricting higher-risk movements,
and coordinating signals at multiple locations.

Expected Life (Years) 10
Federal Funding Eligibility 50%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S03

SIGNALIZED INTERSECTION
Larger Signal Head
Signal lens diameters are typically either 8
inches or 12 inches. Upgrading smaller signal
heads to feature the 12-inch lens standard can
increase signal visibility for drivers and decrease
reaction times, resulting in better safety
performance. This strategy can be combined
with bulb wattage upgrades to further increase
visibility and safety.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
LRSM ID S02

SIGNALIZED INTERSECTION

HOT SPOT SAMPLE LOCATION
Garden Highway/Percy Avenue,
and Second Street
81

Yuba City Local Roadway Safety Plan
SIGNAL

MODIFICATIONS
& ITS

LRSM ID
Protected Left Turns
A protected left turn can be implemented at
signalized intersections s (with existing left turns
pockets) that currently have a permissive leftturn or no left-turn protection that have a high frequency of angle crashes involving left turning,
opposing through vehicles, and non-motorized
road users. Left turns are widely recognized
as the highest-risk movements at signalized
intersections. Providing protected left-turn
phases for signalized intersections significantly
improve the safety for left-turn maneuvers by
removing the need for the drivers to navigate
through gaps in oncoming/opposing through
vehicles.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity High
CRF 30%
CRASH
TYPE
S07

SIGNALIZED INTERSECTION BROADSIDE

LRSM ID
Leading Pedestrian Interval and
Pedestrian Recall
A leading pedestrian interval gives pedestrians
the opportunity to enter an intersection 3-7
seconds before vehicles are given a green
indication at a signal. With this head start,
pedestrians can better establish their presence
in the crosswalk before vehicles have priority
to turn left or right. Pedestrian recall timing
automatically provides a pedestrian crossing
phase, without having to press the pedestrian
call button.

Yuba City can consider these strategies at
locations where there is a high volume of turning
vehicles and pedestrians, where push button
activations occur during a large share of signal
cycles, where fatal or severe injury pedestrian
collisions have occurred, or near commercial
districts, schools, parks and community centers.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity High
S21PB
CRF 60%
CRASH
TYPE

SIGNALIZED INTERSECTION

CROSSING IN CROSSWALK

LRSM ID

SIGNALIZED INTERSECTION BROADSIDE
Retroreflective Borders
on Signals
Retroreflective borders enhance the visibility of
traffic signals for aging and color vision impaired
drivers enabling them to understand which
signal indication is illuminated. Retroreflective
borders may also alert drivers to signalized
intersections during periods of power outages
when the signals would otherwise be dark, and
non–reflective signal heads and backplates
would not be visible.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S02

REAR-END ANGLE

NIGHTTIME
82

Chapter 5: Collision Data Analysis
SIGNAL

MODIFICATIONS
& ITS
Signal Mast Arm
Replacing pedestal-mounted traffic signals
with signal mast arms provides better visibility
of intersection signs and signals and aids the
drivers’ advanced perception of the upcoming
intersection.

Signal mast arms should be implemented at
intersections currently controlled by pedestal
mounted traffic signals that have a high
frequency of right-angle and rear-end crashes
due to limited advance visibility of the signals.

Care should be taken to place the new signal
heads (with back plates) as close to directly over
the center of the travel lanes as possible.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 30%
CRASH
TYPE
S08

SIGNALIZED INTERSECTION

LRSM ID
Supplemental Signal Heads
Additional signal heads allow drivers to
anticipate signal changes farther away from
intersections. Supplemental traffic signals may
be placed on the near side of an intersection,
far-left, far-right, or very high.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S02

REAR-END

SIGNALIZED INTERSECTION
ANGLE

LRSM ID

SIGNALIZED INTERSECTION
Uniform Signal Head Spacing
By spacing signal heads uniformly along the
mast arm, confusion among motorists or other
users may be minimized. This uniformity includes
the alignment between the signal head and the
lane or lanes it corresponds to.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
LRSM ID S02
83

Yuba City Local Roadway Safety Plan
SIGNAL

MODIFICATIONS
& ITS
Daylight Intersection
To “daylight” an intersection is to clear
sight lines between pedestrian crossings and
oncoming cars, usually by creating no-parking
zones at the curbs in front of crosswalks at
that intersection. By removing sight distance
restrictions (e.g., vegetation, parked vehicles,
signs, buildings) from the sight triangles at stop
or yield-controlled intersection approaches,
drivers will be able see approaching vehicles on
the main line, without obstruction and therefore
make better decisions about entering the
intersection safely
Expected Life (Years) 10
Federal Funding Eligibility 90%
Systemic Opportunity High
NS11
CRF 20%
CRASH
TYPE

BROADSIDE CROSSING IN CROSSWALK

LRSM ID

BROADSIDE
Improve Sight Distance
Remove objects that may prevent drivers and
pedestrians from having a clear sightline.

May include installing red curb at intersection
approaches to remove parked vehicles (also
called “daylighting”), trimming or removing
landscaping, or removing or relocating large
signs.

Expected Life (Years) 10
Federal Funding Eligibility 90%
Systemic Opportunity High
CRF 20%
CRASH
TYPE
NS10

CROSSING IN CROSSWALK

LRSM ID
Intersection Daylighting
before (top) and after (bottom)
Source: SFMTA
84

Chapter 5: Collision Data Analysis

OPERATION / WARNING

LRSM ID
Stripe Parking Lane
Using paint to demarcate a parking lane can
bring increased driver awareness to the potential
of pedestrians entering or exiting vehicles
and reduce conflict between these users.

Additionally, striping can discourage motorists
from driving in the parking lanes while no cars
are parked there.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 25%
CRASH
TYPE
R28

UNSAFE SPEED
Upgrade Intersection
Pavement Markings
Upgrading intersection pavement markings
can include "Stop Ahead" markings and the
addition of centerlines and stop bars. Upgrading
intersection pavement markings improve safety
by increasing the visibility of intersections for
drivers approaching and at the intersection.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 25%
CRASH
TYPE
NS07

BROADSIDE

MAJOR UNSIGNALIZED INTERSECTIONS

LRSM ID

BROADSIDE

MAJOR UNSIGNALIZED INTERSECTIONS
Upgrade to Larger or Install
Additional Warning Signs
Upgrading to larger warning signs replaces
existing signs with physically larger signs with
larger warning information. Installing additional
warning signs can help bring awareness to
an intersection. These enhancements improve
safety by increasing visibility of the information
provided.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
LRSM ID NS06
85

Yuba City Local Roadway Safety Plan

OPERATION / WARNING
& PEDESTRIAN

CROSSING IN CROSSWALK

LRSM ID
Advance Stop Bar
An advance stop bar is a horizontal stripe
painted ahead of the crosswalk at stop signs and
signals to indicate where drivers should stop. An
advanced stop bar improves safety by reducing
instances of vehicles encroaching on the
crosswalk. Creating a wider stop bar or setting
the stop bar further back may be appropriate for
locations with known crosswalk encroachment
issues. See CA MUTCD Section 3B.16 for more
information.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S20PB

SIGNALIZED INTERSECTION
Curb Extensions/Bulbouts
A curb extension is a traffic calming measure
which widens the sidewalk for a short distance to
enhance the pedestrian crossing. This reduces
the crossing distance and allowing pedestrians
and drivers to see each other when parked
vehicles would otherwise block visibility.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 35%
CRASH
TYPE

CROSSING IN CROSSWALK UNSAFE SPEED

RIGHT TURNS CROSSING IN CROSSWALK

LRSM ID
Bike Box
A bike box is a designated area at the head
of a traffic lane at a signalized intersection that
provides bicyclists with a safe and visible way to
get ahead of queuing traffic during the red signal
phase.

Expected Life (Years) 10
Federal Funding Eligibility 100%
Systemic Opportunity Very High
CRF 15%
CRASH
TYPE
S20PB

SIGNALIZED INTERSECTION
86

Chapter 5: Collision Data Analysis

PEDESTRIAN & BICYCLE
High-Visibility Crosswalk
A high-visibility crosswalk has a striped pattern
with markings made of high-visibility material,
such as thermoplastic tape, instead of paint. A
high-visibility crosswalk improves safety with a
clearly marked pedestrian crossing so motorists
exercise caution and yield to pedestrians. The
crash reduction factor noted here only applies to
locations currently without a marked crosswalk,
but High-Visibility Crosswalk upgrades can
be implemented globally at existing marked
crosswalks. See further information on
crosswalks later in this document, and Section
3B.18 of the CA MUTCD for more detail.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity High
CRF 25%
CRASH
TYPE
S18PB

PEDESTRIANS CROSSING OUTSIDE CROSSWALK

CROSSING IN CROSSWALK

LRSM ID LRSM ID
Install Sidewalk
Installing Sidewalks provides a separated and
continuous facility for people to walk along the
roadway. Adding sidewalks improves safety by
minimizing collisions with pedestrians walking in
the road.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
CRF 80%
CRASH
TYPE
R34PB

PEDESTRIAN IN ROAD

LRSM ID
Pedestrian Hybrid Beacon
Pedestrian hybrid beacon (PHB), also known
as a HAWK, is a flashing light that is activated
by a pedestrian pushing a button or some other
form of detection. A PHB is used at unsignalized
intersections or mid-block crosswalks to notify
oncoming motorists to stop with a series of red
and yellow lights. Unlike a traffic signal, the PHB
rests in dark until a pedestrian activates it via
pushbutton or other form of detection. See CA
MUTCD Section 4F for more detail.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Low
CRF 55%
CRASH
TYPE
NS23PB

PEDESTRIAN CROSSING OUTSIDE CROSSWALK

MAJOR UNSIGNALIZED INTERSECTION
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Yuba City Local Roadway Safety Plan

PEDESTRIAN & BICYCLE
Raised Crosswalk
Raised crosswalks are ramped speed tables
spanning the entire width of the roadway,
often placed at midblock crossing locations.

The crosswalk is demarcated with paint and/
or special paving materials. These crosswalks
act as traffic-calming measures that allow the
pedestrian to cross at grade with the sidewalk. A
Raised Crosswalk improves safety by increasing
crosswalk and pedestrian visibility and slowing
down motorists.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
CRF 35%
CRASH
TYPE
R36PB

PEDESTRIAN CROSSING OUTSIDE CROSSWALK

CROSSING IN CROSSWALK

LRSM ID
Raised Median/Refuge Island
A raised median/refuge island, is raised curb
in the center of the roadway that can restrict
certain turning movements and provide a place
for pedestrians to wait if they are unable to
finish crossing the intersection. A Raised Median
can improve safety by reducing the number of
potential conflict points with designated zones
for vehicles to turn, and a pedestrian refuge
island improves safety by reducing the exposure
time for pedestrians crossing the intersection.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
CRF 45%
CRASH
TYPE
NS19PB

PEDESTRIAN CROSSING OUTSIDE CROSSWALK

CROSSING IN CROSSWALK UNSAFE SPEED

LRSM ID LRSM ID
Rectangular Rapid
Flashing Beacon
A rectangular rapid flashing beacon (RRFB)
is a pedestrian-activated flashing light with
additional signage to alert motorists of a
pedestrian crossing. An RRFB improves safety
by increasing motorist yield compliance at
uncontrolled locations.

Expected Life (Years) 20
Federal Funding Eligibility 100%
Systemic Opportunity Medium
CRF 35%
CRASH
TYPE
NS22PB

PEDESTRIAN CROSSING OUTSIDE CROSSWALK
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Chapter 5: Collision Data Analysis

PEDESTRIAN & BICYCLE

LRSM ID
Separated Bike Lanes
A separated bike lane provides dedicated
street space, typically adjacent to outer vehicle
travel lanes, with separation from vehicle traffic,
designated lane markings, pavement legends,
and signage. Bike lanes improve safety by
reducing conflicts between bicycles and vehicles
on the road and by creating a road-narrowing
effect with buffers or vertical barriers, which may
reduce vehicle speeds.

Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity High
R33PB
CRF 45%
CRASH
TYPE

WRONG SIDE OF ROAD (BICYCLE)

HOT SPOT SAMPLE LOCATION
Walton Avenue, Gray Avenue
Expected Life (Years) 20
Federal Funding Eligibility 90%
Systemic Opportunity Medium
CRF 35%
CRASH
TYPE
R35PB
Uncontrolled Pedestrian Crossings
with Enhanced Safety Features
An uncontrolled pedestrian crossing at
an intersection or on a segment provides a
formalized location for people to cross the
street, reducing the risk of people crossing
outside crosswalks where drivers are not
expecting them. Crosswalk striping, signs, and
other enhanced safety features alert drivers that
there may be a pedestrian crossing. See further
information on crosswalks later in this document
for more detail.

PEDESTRIANS CROSSING OUTSIDE CROSSWALK
Although not listed as a Caltrans
LRSM, some other countermeasures
that could be effective for bicyclist,
pedestrian, and vehicular travel:
• Bicycles: buffered Class II bike
lanes, bicycle detection and
signal adaptation, and green
bike conflict striping / mixing
zone.
• Pedestrians: protected
intersections, sidewalks,
grade-separations, Class I
multi-use paths.
• Vehicles: speed monitoring
and feedback signs,
reduced speed limits (i.e.,
AB 54), dynamic speed
management, slow green
wave (i.e., signal timing for
speed management), signal
adaptive speed response, and
decrease sign clutter.
89

Yuba City Local Roadway Safety Plan
Accessible Pedestrian Signals X X
Advance Stop Bar X X X X X X
Advanced Dilemma Zone Detection X X X
All-Way Stop Control X X X
Bike Box X X X X
Curb Extensions/Bulbouts X X X X X
Daylight Intersections X X X X X X X X
Emergency Vehicle Preemption X X X X X
Extend Yellow and All Red Time X X X X X X X
Flashing Beacon as Advance Warning X X X
High Visibility Crosswalks X X X X X X X
Improve Sight Distance X X X X X X X X
Improve Signal Timing X X X X X
Install Roundabout X X X
Install Sidewalk X X X
Install Signal X X X
Larger Signal Head X X
Leading Pedestrian Interval and Pedestrian Recall X X X X X X LED Enhanced Stop Sign X X X X X
Median Barrier X X
Pedestrian Hybrid Beacon or Other Enhanced
Uncontrolled Crossings

X X X X
Protected Left Turns X X X X
Raised Crosswalk X X
EMPHASIS AREA 1: POSITIVE CORRELATION BETWEEN KSI COLLISIONS AND HIGH SPEED ARTERIALSEMPHASIS AREA 2: PEDESTRIANSEMPHASIS AREA 3: BROADSIDE COLLISIONS INVOLVING BICYCLISTS AT UNSIGNALIZED INTERSECTIONSFOCUS CORRIDOR 1: WALTON AVE BETWEEN SR 2O & FRANKLIN AVEFOCUS CORRIDOR 2: GRAY AVE BETWEEN SR 20 & FRANKLIN AVEFOCUS CORRIDOR 3: SUTTER ST/SECOND ST/GARDEN HIGHWAY BETWEEN SR 20 & FRANKLIN AVEFOCUS CORRIDOR 4: BRIDGE ST BETWEEN SR 99 & SHASTA STFOCUS CORRIDOR 5 LIVE OAK BLVD BETWEEN PEASE RD & QUEENS AVE This matrix can function as the menu of priority countermeasure options to consider in citywide systemic application. The matrix summarizes where countermeasure have been recommended in this plan, but application is suitable for a range of contexts within the City. The corridors are ranked based on implementation priority.

Summary of Engineering Countermeasures Suitable for Systemic Application 90

Chapter 5: Collision Data Analysis
Raised Median/Refuge Island/Access Control and Turn
Restrictions

X X X X X X X
Rectangular Rapid Flashing Beacon X X X X X
Retroreflective Borders on Signals X X X X X
Road Diet X X X X X
Segment Lighting X X X X X
Separated Bike Lanes X X
Signal Mast Arm X X
Stripe Parking Lane X X
Supplemental Signal Heads X
Uncontrolled Pedestrian Crossings with Enhanced Safety
Features
X X X
Uniform Signal Head Spacing X X
Upgrade Intersection Pavement Markings X X X X X X X
Upgrade to Larger or Installl Additional Warning Signs X X X X X X X X EMPHASIS AREA 1: POSITIVE CORRELATION BETWEEN KSI COLLISIONS AND HIGH SPEED ARTERIALSEMPHASIS AREA 2: PEDESTRIANSEMPHASIS AREA 3: BROADSIDE COLLISIONS INVOLVING BICYCLISTS AT UNSIGNALIZED INTERSECTIONSFOCUS CORRIDOR 1: WALTON AVE BETWEEN SR 2O & FRANKLIN AVEFOCUS CORRIDOR 2: GRAY AVE BETWEEN SR 20 & FRANKLIN AVEFOCUS CORRIDOR 3: SUTTER ST/SECOND ST/GARDEN HIGHWAY BETWEEN SR 20 & FRANKLIN AVEFOCUS CORRIDOR 4: BRIDGE ST BETWEEN SR 99 & SHASTA STFOCUS CORRIDOR 5 LIVE OAK BLVD BETWEEN PEASE RD & QUEENS AVE Summary of Engineering Countermeasures Suitable for Systemic Application 91

Implementation
Chapter 7
This chapter discusses LRSP
implementation, both from the
perspective of executing identified
strategies and projects, but also
looking ahead to changed conditions
that could require updating the LRSP.

Successful implementation will require
continuous coordinated support from
key stakeholders, elected officials, and
City staff.
93

Yuba City Local Roadway Safety Plan
Implementation Action Description Agencies or Partners Example(s)

FACILITATING BUY-IN AND SUPPORT
Public
Engagement
• Develop a one-page fact sheet about the LRSP, how
it was developed, and what it will be used for
• Address citizen concerns about recently-implemented
safety projects, their justification, and effectiveness • Include a safety data reporting option in the “Report an Issue” section of the My Yuba City mobile app
• Engage community leaders to help deliver safety
messaging and voice support for projects
• Leverage available resources that make engagement more efficient

PUBLIC WORKS DEPARTMENT

POLICE DEPARTMENT
Engage
Elected Officials
• Maintain ongoing regular meetings with elected
officials on roadway safety updates
PUBLIC WORKS DEPARTMENT Fill in newly-appointed officials or those running for office on safety
project goals and benefits
Identify a Roadway
Safety Champion
• The champion is the plan’s main advocate and pointperson for its development and implementation • They represent the City’s safety efforts to other City agencies, the public, and surrounding jurisdictions

PUBLIC WORKS DEPARTMENT

POLICE DEPARTMENT

CITY MANAGER'S OFFICE

YUBA CITY CITY COUNCIL
Many safety stewards can fit the
role, including public works officials,
law enforcement officers, or elected
officials
Implementation
94

Chapter 7: Implementation

PROJECT DELIVERY METHODS
Project Bundling • Bundle projects that are similar in scope • This can reduce soft costs such as project administration, data collection, and conceptual and final design.

PUBLIC WORKS DEPARTMENT

YUBA CITY CITY COUNCIL
Signal improvements or pavement
marking upgrades
Reallocate Funding
or Modify Scope for
CIP Projects
• Reevaluate currently-funded general road projects and consider accelerating delivery of high priority locations identified in the LRSP. • The City Council and Public Works Department can also strategically develop future capital improvement plans to include safety improvements and funding in the CIP

PUBLIC WORKS DEPARTMENT

CITY MANAGER'S OFFICE
Resurfacing projects can allow for
integration of bike lanes or striping
and pavement marking upgrades
Traffic signal modifications can be
an opportunity for integration of
pedestrian signal heads, leading
pedestrian intervals, or protected left
turn phasing
Implementation Action Description Agencies or Partners Example(s) 95

Yuba City Local Roadway Safety Plan
Integrate Safety
Projects into Public
Works Department
Regular Maintenance
• Create new standards for typical maintenance that reflect LRSP project goals
PUBLIC WORKS DEPARTMENT Striping standards, lighting standards, or crossing design guidelines.

Routine re-painting of crosswalks can
introduce an ongoing opportunity to
upgrade to high-visibility crosswalks
Incorporate LRSP
Goals into All
Roadway Projects
• Consider prioritization of roadway projects based on locational or attribute collision history and potential to address safety risk factors PUBLIC WORKS DEPARTMENT Prioritization of projects with a safety benefit over those with only
operational benefits
Implement
Pilot Projects to
Gather Feedback
• Rolling out safety projects as pilots presents the opportunity for the City to gather valuable public and stakeholder feedback to make improvements and adjustments before moving on with similar projects • A pilot typically consists of one or a few rollouts of a replicable safety improvement, where the engagement, construction, and impact of the improvement is evaluated for scalability
PUBLIC WORKS DEPARTMENT A systemic countermeasure, such as protected left-turn phasing, at a few
locations
Implementation Action Description Agencies or Partners Example(s) 96

Chapter 7: Implementation
Implementation Action Description Agencies or Partners Example(s) Implement
Interim Strategies
• Not all of the LRSP recommended projects need to be implemented at once; some lower cost projects can be introduced first to get the safety benefits moving and gather public and elected official recognition or support
PUBLIC WORKS DEPARTMENT Implementation of "paint and plastic" projects, such as temporary curb
extensions or median treatments until
funding for more capital-intensive
treatments is secured
Resources include California Bicycle
Coalition's Quick-Build Guide, and the
Tactical Urbanist's Guide
97

Yuba City Local Roadway Safety Plan
Local and Regional Sources

SACOG REGIONAL FUNDING PROGRAM
The Sacramento Area Council of
Governments (SACOG) provides
funding allocation for transportation
projects across the Sacramento
region. Projects that are considered
for this regional funding program
must be eligible for CMAQ, RSTP, or
STIP funds.

Performance outcomes which are
considered for selection include
those which: • Reduce regional VMT per capita • Reduce regional congest VMT per capita
• Increase multi-modal or
alternative travel choices
• Provide long term benefits,
sustaining both rural and urban
economies
• Improve movement of goods, in
and through the region
• Improve safety and security • Maintain and improve upon the existing transportation system
State Sources

HIGHWAY SAFETY IMPROVEMENT

PROGRAM (HSIP)
HSIP is a core federal-aid program to
States for the purpose of achieving a
significant reduction in fatalities and
serious injuries on all public roads.

California's Local HSIP focuses on
infrastructure projects with nationally
recognized crash reduction factors
(CRFs). This is the primary grant
funding source to support roadway
projects identified through the LRSP.

NEXT FUNDING OPPORTUNITY
Cycle 12 expected Spring 2024

CALIFORNIA STRATEGIC GROWTH

COUNCIL (SGC) TRANSFORMATIVE

CLIMATE COMMUNITIES (TCC) PROGRAM
The Transformative Climate
Communities (TCC) Program
empowers the communities most
impacted by pollution to choose their
own goals, strategies, and projects
to reduce greenhouse gas emissions
and local air pollution.

NEXT FUNDING OPPORTUNITY
TBD
Funding Opportunities
98

Chapter 7: Implementation

ACTIVE TRANSPORTATION PROGRAM
(ATP)
ATP is a statewide competitive grant
application process with the goal
of encouraging increased use of
active modes of transportation. The
ATP consolidates existing federal
and state transportation programs,
including the Transportation
Alternatives Program (TAP), Bicycle
Transportation Account (BTA), and
State Safe Routes to School (SRTS),
into a single program with a focus
to make California a national leader
in active transportation. The ATP
administered by the Division of Local
Assistance, Office of State Programs.

NEXT FUNDING OPPORTUNITY
TBD
SB 1 LOCAL STREETS AND ROADS

PROGRAM (LSRP)
SB 1 dedicated approximately $1.5
billion per year in new formula
revenues apportioned by the State
Controller to cities and counties
for basic road maintenance,
rehabilitation, and critical safety
projects on the local streets and
roads system.

NEXT FUNDING OPPORTUNITY
Annual Program

CALTRANS SUSTAINABLE COMMUNITIES
GRANTS
To encourage local and regional
planning that furthers state goals,
including, but not limited to, the
goals and best practices cited in
the Regional Transportation Plan
Guidelines adopted by the California
Transportation Commission.

NEXT FUNDING OPPORTUNITY
Expected Spring 2024

CALIFORNIA OFFICE OF TRAFFIC SAFETY
(OTS) GRANT PROGRAMS
OTS administers traffic safety grants
in the following areas: Alcohol
Impaired Driving, Distracted Driving,
Drug-Impaired Driving, Emergency
Medical Services, Motorcycle Safety,
Occupant Protection, Pedestrian and
Bicycle Safety, Police Traffic Services,
Public Relations, Advertising, and
Roadway Safety and Traffic Records.

NEXT FUNDING OPPORTUNITY
Due January 2024
SB 1 STATE TRANSPORTATION

IMPROVEMENT PROGRAM (STIP)
The State Transportation
Improvement Program (STIP) is
the biennial five-year plan for
future allocations of certain state
transportation funds for state highway
improvements, intercity rail, and
highly congested corridors. This
statewide, competitive program
99

Yuba City Local Roadway Safety Plan
makes $250 million available
annually for projects that implement
specific transportation performance
improvements and are part of a
comprehensive corridor plan by
providing more transportation choices
while preserving the character of
local communities and creating
opportunities for neighborhood
enhancement.

NEXT FUNDING OPPORTUNITY
Expected 2024
SB1 LOCAL PARTNERSHIP PROGRAM (LPP)
The purpose of this program is
to provide local and regional
transportation agencies that
have passed sales tax measures,
developer fees, or other imposed
transportation fees with a continuous
appropriation of $200 million annually
from the Road Maintenance and
Rehabilitation Account to fund road
maintenance and rehabilitation,
sound walls, and active transportation
projects. There is also a competitive
grant portion of this project.

NEXT FUNDING OPPORTUNITY
Expected Spring 2024
Federal Sources

SAFE STREETS FOR ALL GRANTS
The recent federal infrastructure bill
established the new Safe Streets
for All program to provide $5 billion
in grant funding to develop and
implement Vision Zero safety plans.

Current legislation emphasizes
funding of planning efforts, but the
focus on implementation funding is
expected to increase over the next
few years.

NEXT FUNDING OPPORTUNITY
Applications expected Spring 2024

RAISE GRANTS (FORMERLY BUILD AND
TIGER)
The Rebuilding American
Infrastructure with Sustainability
and Equity, or RAISE Discretionary
Grant program, provides a unique
opportunity for the DOT to invest in
road, rail, transit and port projects
that promise to achieve national
objectives. The program selection
criteria this cycle encompass safety,
environmental sustainability, quality
of life, economic competitiveness,
state of good repair, innovation, and
partnerships with a broad range of
stakeholders. The first round of RAISE
grants awarded $417 million to bicycle
and pedestrian projects, and $30
million for planning grants (eligible for
the first time).

NEXT FUNDING OPPORTUNITY
Expected Q1 2024
100

Chapter 7: Implementation
Evaluation Action Description Agencies or Partners Example(s) Update Plan As Needed • Scheduling an update every two to five years could assist with organizing
and directing evaluation efforts.
• Completion of plan updates should
correspond with Caltrans HSIP callsfor-projects or other new funding programs. Calls-for-projects are
typically released in spring or early
summer of even years (i.e. 2020,
2022, etc) and are due in the fall of
the same year

PUBLIC WORKS DEPARTMENT
Evaluation
101

Yuba City Local Roadway Safety Plan
Performance Metric Sub-Metrics
Number of
Countermeasures Implemented
• Engineering countermeasures
• Education, engagement, and enforcement campaigns or programs Funding Secured
for Future Countermeasures
• Infrastructure grants
• Program grants
Collisions KSI collisions:
• Total KSI collisions
• Percent of Collisions resulting in KSI
Pedestrian and bicycle collisions:
• Total pedestrian and bicycle
• Percent of pedestrian and bicycle collisions resulting in KSI Collisions within each emphasis area:
• Number of collisions within each emphasis area
• Percent of collisions in each emphasis area resulting in KSI DUI Collisions
• Total DUI Collisions
• Percentage resulting in KSI
Before/After Studies for Projects and
Programs that have been Implemented
• Number of collisions in project influence area
• Percent of collisions resulting in KSI in project influence area Speeds and Speed Limit
Compliance
• 85th percentile speeds
• Number of unsafe speed violations
Perceptions of Safety and
Community Feedback
• Pedestrian and bicycle volumes in areas where multi-modal safety projects have been implemented
Evaluation
Performance Metrics
102

Implementation
• Complete Safe Routes to School
(SRTS) Planning Process
• Prioritize LRSP and SRTS projects
for funding and implementation
• Prioritize 3-5 recommended
implementation actions each year
Next Steps
Funding
• Prepare highest prioritized projects
for SS4A applications in 2024
• Consider applying for supplemental
state or federal funding
Evaluation
• Develop internal process and
responsibility for tracking and
presentation of performance
metrics

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Police Department Evidence Storage Building (Plans & Specifications) Recommendation: Adopt a Resolution approving the plans and specifications for the Police Department Evidence Storage Building, adopting a Categorial Exemption under CEQA Guidelines Section 15303, and authorizing advertisement for bids on the project
Fiscal Impact: Engineer’s Estimate $650,000 – Account No. 1278 (Police Department Evidence Storage Building)
Purpose:

To construct a building to handle unmet evidence and bulk storage needs at the Police Department.

Council's Strategic Goal:

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

Background:

In December 2017, the plans and specifications for the Police Department Facility Expansion (CIP No. 1238) were approved to provide additional areas for building improvements, parking, and storage at the Police Department. The location to store and protect evidence from environmental contamination was identified and prepared for future buildout.

The new Police Department Evidence Storage Building will include a new building pad, a 40’ x 60’ climate-controlled metal building on a 6” reinforced concrete slab, four (4) automatic roll-up doors, two man-doors, electrical panels and lighting, two (2) 5-ton heat pumps, an eye-wash station, an interior chain-link fence with a rolling gate, hardscape around the building and ADA compliant access to the accessible parking areas.

Analysis:

Estrada Engineering has prepared the project plans, specifications, and cost estimate for the project.

With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for Bid: January – February 2024
Award Contract: March 2024
Start of Construction: Spring 2024
Completion: Winter 2024
The plans and specifications for the project are on file in the Public Works Department at City Hall and at http://www.yubacity.net/publicworksplans. The City will hire a consultant to perform construction management and inspection services to ensure the building is constructed per plan, and is compliant with all applicable California Building Codes.

Fiscal Impact:

The project's construction cost is estimated at $650,000. The project will be funded through CIP Account No. 1278 (Police Department Evidence Storage Building). Currently, Account No. 1278 has a balance of approximately $780,000. At the time of award, staff will propose funding recommendations to address funding needs with CIP General Funds from Account No. 1080 (General Plan Implementation and Future Update), based on actual bid prices received.

Environmental Finding:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 3 Categorical Exemption set forth in CEQA Guidelines, section 15303 as this contract is for an accessory (appurtenant) structure at the site. The proposed structure does not exceed 2,500 square feet in floor area, does not involve the use of significant amounts of hazardous materials, and all necessary public services and facilities are available and the surrounding areas are not environmentally sensitive. Furthermore, none of the exceptions to Categorical Exemptions set forth in the California Environmental Quality Act (CEQA) Guidelines, section 15300.2 apply to this project.

Alternatives:

Do not authorize staff to bid the project at this time. Delays with construction will impact the Police Department's ability to protect various evidence from environmental contamination. Additionally, postponing the bid to a later date may cause project costs to rise as winter bidding provides a more competitive bid environment.

Recommendation:

Adopt a Resolution approving the plans and specifications for the Police Department Evidence Storage Building, adopting a Categorical Exemption under CEQA Guidelines Section 15303, and authorizing advertisement for bids on the project.

Attachments:

1. Resolution - Police Department Evidence Storage Building (Plans & Specifications) Prepared By: Submitted By:

Fabiola Vazquez
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE PLANS AND SPECIFICATIONS FOR THE POLICE

DEPARTMENT EVIDENCE STORAGE BUILDING PROJECT, ADOPTING A CATEGORICAL EXEMPTION UNDER CEQA GUIDELINES SECTION 15303, AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT.

WHEREAS, the Public Works Department intends to solicit bids for the construction of the Police Department Evidence Storage Building project; and, WHEREAS, the new Police Department Evidence Storage Building will include a new building pad, a 40’ x 60’ metal building on a 6” reinforced concrete slab, four (4) automatic roll-up doors, two man-doors, electrical panels and lighting, two (2) 5-ton heat pumps, an eye-wash station, an interior chain-link fence with a rolling gate, hardscape around the building and ADA compliant access to the HC parking areas.

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

Section 1. The City has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in section 15303 which exempts construction of an accessory (appurtenant) structure. Here, the proposed structure does not exceed 2,500 square feet in floor area, does not involve the use of significant amounts of hazardous materials, and all necessary public services and facilities are available and the surrounding areas are not environmentally sensitive. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

As such the City adopts a Categorical Exemption per CEQA Guidelines section 15303 for this project.

Section 2. The plans and specifications for the Police Department Evidence Storage Building project be approved; and
Section 3. The Public Works Department is hereby authorized and directed to advertise for bids for the Police Department Evidence Storage Building project.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of December, 2023.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor

ATTEST:

Ciara Wakefield, City Clerk

APPROVED AS TO FORM

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

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: In-Kind Community Sponsorship Request - Casa de Esperanza Recommendation: Consider the in-kind sponsorship request from Casa de Esperanza, and if approved:

Adopt a Resolution to approve the in-kind sponsorship request from Casa de Esperanza by waiving the $800.65 cost of the use permit required to construct a six foot privacy fence around their facility
Fiscal Impact: $800.65 - Waive use permit fee
Council's Strategic Goal:

The overarching strategic goal of "Quality of Life."
Purpose:

City sponsorships reflect support of specific programs or events by an organization. The intent is that the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program or event.

Background:

On January 18, 2022, Council adopted an Amended Community Sponsorship Policy which specifies the following factors that will be considered during the approval process:
• The City Council will approve all monetary sponsorship requests at a public meeting • Resources available (e.g., budget, staff, workload capacity, etc.) • Compatibility with the strategic goals of the City Council and the mission of Yuba City • Impact of an event on City Facilities
• Risk to the City
• The ability of the organization to obtain liability insurance naming the City as an additional insured
• The overall benefit to the community

The following sponsorship request was received from:

Casa de Esperanza
Casa de Esperanza is a safe refuge promoting healing through mentoring, education and support services for individuals caught in the cycles of domestic violence, sexual assault, child abuse and human trafficking.

Casa de Esperanza has requested approval of a minor use permit to modify the height standards for walls and fences within residential setback areas. The reason for the request is to provide additional buffer and perimeter security for persons at the facility. Services offered by Casa de Esperanza are important and unique to our community warranting consideration of a modification to the development standards.

Analysis:

This is an in-kind sponsorship request and will come out of the department budget.

Fiscal Impact:
$800.65 - Waive use permit fee
Recommendation:

Consider the in-kind sponsorship request from Casa de Esperanza, and if approved:

Adopt a Resolution to approve the in-kind sponsorship request from Casa de Esperanza by waiving the $800.65 cost of the use permit required to construct a six foot privacy fence around their facility.

Attachments:

1. Community Sponsorship Application_Casa de Esperanza

2. RESOLUTION - Community Sponsorship Request Casa de Esperanza 12.19.23 (1) Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 2

CITY OF YUBA CITY | Rev. 1.18.22

COMMUNITY SPONSORSHIP APPLICATION FORM
Name of Organization Non-Profit ID/ 501 C#
Address City/State/Zip
Contact Person Phone Email
Organization Purpose/Mission
Type of Organization:
 Non-Profit (located or primarily serves residents within the City of Yuba City  Educational Institution
 Local business (located within City of Yuba City city limits) Type of Event:
 Local Celebration Athletic Cultural Educational
 Fundraiser Entertainment Other
Program or Event Name
Event Location
Event Date/Time
Expected Number of Participants
Open to the Public?  Yes  No
Please explain how your program or event meets one or more of the sponsorship criteria below:
• Boosts the local Yuba City economy:
• Provides an opportunity to help build community, foster a sense of pride within our community, and engage our community:
• Contributes positively to the recognition and image of the City of Yuba City:
in the cycles of domestic violence, sexual assault, child abuse and human trafficking N/A

CITY OF YUBA CITY | Rev. 1.18.22
Type of Sponsorship Requested:
 In-kind services – Amount requested: _______________
Provide a description of the in-kind services requested:
 Facility Waiver – Amount requested: _______________
 Monetary Funding – Amount requested:
 Fundraiser Gift Basket – Amount requested:_____________ Other Considerations:
 I understand that if the City agrees to sponsor the event, I will acknowledge the sponsorship on all printed information or advertising related to the event using a message approved by the City and provide any written marketing material to the City before distribution of event materials.
 If the City agrees to sponsor the event, I understand that appropriate ADA accessibility and other permit requirements will be provided.  I understand that sponsorship is optional, and the City can deny this sponsorship application.

Signature of Applicant Date
Print Name of Applicant

ATTACHMENT 1

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING AN IN-KIND COMMUNITY SPONSORSHIP REQUEST FOR CASA DE

ESPERANZA TO ASSIST WITH NEEDED IMPROVEMENTS TO THEIR FACILITY WHEREAS, Casa de Esperanza provides safe refuge for individuals caught in the cycles of domestic violence, sexual assault, child abuse and human trafficking; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the Casa de Esperanza serves an important public purpose to the community; WHEREAS, Casa de Esperanza, a 501(c)(3) non-profit organization, is requesting an in-kind community sponsorship to assist with needed improvements to their facility; and, NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that Casa de Esperanza provides important services that benefit Yuba City residents. The requested in-kind sponsorship is for a qualified non-profit organization that primarily serves Yuba City residents, is open to the general public, and contributes to improving the overall Quality of Life in our community. The in-kind sponsorship will off-set the cost of the use permit required to construct a six foot privacy fence around their facility.

Accordingly, the City Council approves the in-kind sponsorship request of $800.65 to assist with needed improvements to the Casa de Esperanza facility.

Section 3. This Resolution shall take effect immediately and that the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 19th day of December, 2023 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Shon Harris, 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 18

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Kevin Bradford, Deputy Public Works Director - Engineering Summary
Subject: B Street at Cooper Avenue Crosswalk Removal
Recommendation: Adopt a Resolution initiating proceedings by setting a Public Hearing to consider the removal of the east crosswalk on B Street at Cooper Avenue pursuant to Section 21950.5 of the California Vehicle Code
Fiscal Impact: Staff time to post notices and hold the Public Hearing. If approved, additional maintenance staff time to facilitate the removal
Purpose:

To facilitate a request from Yuba City High School to modify City crosswalk markings with the intention of improving safety for pedestrians and improving the flow of vehicular traffic during school dropoff/pick-up times.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goals of improving the City’s infrastructure and providing services that serve and protect its residents.

Background:

Yuba City High School has requested to remove the east crosswalk on B Street, at the intersection with Cooper Avenue. Refer to Attachment 1, Exhibit A. Both crosswalks on B Street and the crosswalk on Cooper Avenue date back several decades. There are curb ramps in all four quadrants of the intersection, none of which meet current ADA standards. Rectangular rapidly flashing beacons (RRFB’s) were installed for both B Street crosswalks in the summer of 2020 with funding provided by the Feather River Air Quality Management District through the Blue Sky grant program.

Analysis:

Upon receiving the school’s request to eliminate the east crosswalk, Public Works and school staff reviewed the B Street at Cooper Avenue intersection operations during school drop-off/pick-up times.

Drivers were observed proceeding into the intersection when the crosswalk closest to them cleared, only to find that the next crosswalk was occupied. The result is that vehicles were forced to wait in the middle of the intersection, disrupting the flow of traffic. The disruption in traffic flow appears to cause drivers to become impatient, which has a general effect of reducing pedestrian safety.

Staff recommends that Council consider eliminating the crosswalk, as requested. The primary basis for this recommendation is that having multiple crosswalks at this intersection presents a challenge for drivers during school drop-off/pickup times and the west crosswalk is the better location to direct students attending Yuba City High School.

Section 21950.5 of the California Vehicle Code states that an existing marked crosswalk may not be removed unless notice and opportunity to be heard is provided to the public not less than 30 days prior to scheduled removal. This section of the California Vehicle Code also indicates that notice of the proposed removal shall be posted at the crosswalk identified for removal. The action tonight sets a Public Hearing for February 6, 2024. Notice of the Public Hearing will be posted at the crosswalk not less than 30 days prior to the Public Hearing.

Fiscal Impact:

Minimal staff time will be required to post notices and hold the Public Hearing. If approved, additional staff time will be necessary to remove the crosswalk, relocate the associated rectangular rapidly flashing beacon to B Street at University Avenue, and install temporary access ramp barricades. Staff proposes that permanent access ramp improvements be incorporated into a future sidewalk improvements project, likely funded with CDBG funds.

Alternatives:

1. Reject eliminating the crosswalk and do not hold a Public Hearing.

2. Request additional information prior to setting a Public Hearing date.

Recommendation:

Adopt a Resolution initiating proceedings by setting a Public Hearing to consider the removal of the east crosswalk on B Street at Cooper Avenue pursuant to Section 21950.5 of the California Vehicle Code.

Attachments:

1. Resolution - B St at Cooper Ave Crosswalk Removal Notice Prepared By: Submitted By:

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

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

INITIATING PROCEEDINGS FOR THE REMOVAL OF THE CROSSWALK ON B STREET AT THE EAST SIDE OF COOPER AVENUE PURSUANT TO SECTION 21950.5 OF THE

CALIFORNIA VEHICLE CODE
WHEREAS, Yuba City High School staff have presented a written request to remove the east crosswalk on B Street at the intersection with Cooper Avenue; and WHEREAS, after careful review of the B Street at Cooper Avenue intersection during school dropoff/pickup times, school and City staff determined that having multiple crosswalks at this intersection presents a challenge for drivers and that the west crosswalk is the preferred location to direct students attending Yuba City High School.

NOW, THEREFORE, the City Council of the City of Yuba City resolves 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, pursuant to Section 21950.5 of the California Vehicle Code, does hereby fix the 6th day of February 2024, at the hour of 6:00 P.M. at the Yuba City Council Chambers, City Hall, 1201 Civic Center Boulevard, Yuba City, California, as the time and place for hearing all persons interested in the question of the proposed removal of the east crosswalk on B Street at Cooper Avenue.

3. The City Council does hereby direct the Public Works Director and he is hereby instructed to post this Resolution in accordance with Section 21950.5 of the California Vehicle Code sufficiently in advance of the time and place set for hearing on the proposed crosswalk removal.

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 19th day of December, 2023.

AYES:

NOES:

ABSENT:
_____________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Location Map

EXHIBIT “A”

Agenda Item 19

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 5th Street Bridge Traffic Calming
Recommendation: Adopt a Resolution approving traffic calming measures to be installed on the 5th Street Bridge, as designed by the City of Marysville, and authorizing the Public Works Director to provide shared support for the installation Fiscal Impact: Approximately $15,000 plus maintenance staff time funded through Streets Division operations fund 3130
Purpose:

To facilitate a request from the City of Marysville to install traffic calming measures on the 5th Street Bridge, which is currently maintained by the City of Yuba City through a maintenance agreement.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goals of improving the City’s infrastructure and providing services that serve and protect its residents.

Background:

The 5th Street Bridge Replacement Project (17-01) was completed in October 2020 with Yuba City acting as the lead agency. The project was designed and constructed to federal and State highway standards. On the Marysville side of the bridge, the two new eastbound lanes cross under the Union Pacific Railroad (UPRR) bridge within individual openings separated by a concrete pier for the UPRR bridge (Attachment 1, Exhibit A).

Maintenance of the 5th Street Bridge and its approaches on the Marysville and Yuba City sides is governed by a 1990 Maintenance Agreement between the two Cities and both Sutter and Yuba County.

Under this agreement and subsequent Memoranda of Understandings with the two Counties, Yuba City is responsible for maintaining the Yuba City approach and providing minor maintenance associated with the actual bridge structure, while Marysville is responsible for maintaining the Marysville approach.

The four agencies have agreed to share in the cost of maintenance in accordance with the terms of the agreement.

Analysis:

The UPRR bridge pier and south abutment are each protected by crash attenuators in accordance with federal and State highway standards and UPRR conditions of approval. Since the eastbound lanes were opened to traffic, Marysville has observed the crash attenuators being damaged by vehicle accidents numerous times. The City of Marysville has designed traffic calming improvements intended to increase driver awareness (Attachment 1, Exhibit A) and several of these improvements are located on the 5th Street Bridge structure maintained by Yuba City. Furthermore, Marysville has requested assistance from Yuba City Public Works staff with installation of the improvements.

Staff is requesting Council approval of Marysville’s proposed traffic calming measures and authorization for the Public Works Director to provide maintenance staff to the extent feasible per Marysville’s request.

The 1990 Maintenance Agreement technically applied to the previous 5th Street Bridge and approaches. Staff is currently working with our partner agencies and legal counsel to update the agreement for the new bridge and approaches. Staff will bring a draft agreement to Council for approval at a later date.

Fiscal Impact:

With Council approval, there is expected to be some Public Works maintenance staff time assisting the City of Marysville with installation of the traffic calming measures. The work is estimated to take a couple of days and would be installed in January 2024, weather permitting. Shared costs are expected to be approximately $15,000, plus the staff time. Streets Division operation fund 3130 is anticipated to be utilized for funding.

Alternatives:

1. Do not approve the installation of traffic calming measures and direct staff on next steps.

2. Approve of the installation of traffic calming measures, but do not authorize the use of City maintenance staff to assist with the installation.

Recommendation:

Adopt a Resolution approving traffic calming measures to be installed on the 5th Street Bridge, as designed by the City of Marysville, and authorizing the Public Works Director to provide shared support for the installation.

Attachments:

1. Resolution - Marysville Traffic Calming
Prepared By: Submitted By:

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

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING TRAFFIC CALMING MEASURES TO BE INSTALLED ON THE 5TH STREET

BRIDGE, AS DESIGNED BY THE CITY OF MARYSVILLE, AND AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO PROVIDE SHARED SUPPORT
WHEREAS, the 5th Street Bridge Replacement Project (17-01) was completed in October 2020 with Yuba City acting as the lead agency; and
WHEREAS, the project was designed and constructed to federal and State highway standards; and
WHEREAS, maintenance of the 5th Street Bridge and its approaches on the Marysville and Yuba City sides is governed by a 1990 Maintenance Agreement between the two Cities and both Sutter and Yuba County. Under said agreement and subsequent Memoranda of Understandings with the two Counties, Yuba City is responsible for maintaining the Yuba City approach and providing minor maintenance associated with the actual bridge structure, while Marysville is responsible for maintaining the Marysville approach.; and
WHEREAS, the City of Marysville has observed the crash attenuators at the Union Pacific Railroad Bridge over the two new eastbound lanes of 5th Street being damaged by vehicle accidents numerous times; and
WHEREAS, the City of Marysville has designed traffic calming improvements intended to increase driver awareness (Exhibit A) and several of these improvements are located on the 5th Street Bridge structure maintained by Yuba City.

NOW, THEREFORE, the City Council of the City of Yuba City resolves 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 approves of the traffic calming measures proposed and designed by the City of Marysville.

3. The City Council hereby authorizes the Public Works Director to provide Public Works shared support for the installation of said traffic calming measures.

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 19th day of December, 2023.

AYES:

NOES:

ABSENT:

_____________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Marysville Traffic Calming Measures

EXHIBIT “A”

Eastbound 5th Street Bridge Traffic Calming and Safety Enhancements Eastbound 5th Street Bridge Traffic Calming and Safety Enhancements Because of this
Drivers are hitting these

Eastbound 5th Street Bridge Traffic Calming and Safety Enhancements After repairs of the crash cushions, to warn and discourage drivers from hitting the crash cushions, a series of traffic calming and safety enhancements are necessary upstream of this railroad pier splitter obstruction.

Let’s visualize from the driver’s point of view what they will see starting at Lightpost #8, approximately 1,360 feet upstream (west of) this obstruction.

Eastbound (inbound into Marysville) at Lightpost #8, approximately 1,360 feet from the obstruction. Add 25 mph ahead warning sign.

Eastbound (inbound into Marysville) at Lightpost #7, approximately 1,160 feet from the obstruction. Relocate existing Lane Assignment signs Lightpost #4 and add plaques indicating left lane is 5th St and right lane is to go to 3rd St

Eastbound (inbound into Marysville) between Lightpost #7 and #6, approximately 1000 feet from the obstruction. Rumble Strips to bring attention to upcoming obstruction ahead sign further on Lightpost #6 .
or

Eastbound (inbound into Marysville) at Lightpost #6, approximately 970 feet from the obstruction. Obstruction ahead signage, with 900 feet ahead plaque

Eastbound (inbound into Marysville) at Lightpost #5, approximately 770 feet from the obstruction. Stay In Lane signage. Begin Solid intra-lanes striping.

Eastbound (inbound into Marysville) at Lightpost #4, approximately 570 feet from the obstruction. Relocate existing lane assignment signs to Lightpost #7, Replace with Speed Limit set at 25 mph with Radar Feedback Sign, Solid white lane line continues.

Relocate to
Lightpost #7

Relocate to
Lightpost #2
Eastbound (inbound into Marysville) at Lightpost #3, approximately 380 feet from the obstruction. Replace existing no camping sign with Stay In Lane sign. Begin white RPMs spaced for a longitudinal lane departure rumble strip starting at blacktop to chevron gore.

Eastbound (inbound into Marysville) at Lightpost #2, approximately 230 feet from the obstruction. Relocate no camping sign from Lightpost #3, continue white RPM to chevron gore, install standard delineators inside chevron gore.

Eastbound (inbound into Marysville) at Lightpost #1, approximately 70 feet from the obstruction. Delineators alternating inside chevron gore.

Eastbound (inbound into Marysville) past railroad pier splitter obstruction, continue delineators to discourage “lane diving” from left lane to right lane.

Delineators spaced 5-
10 feet apart
Eastbound (inbound into Marysville) past railroad pier splitter obstruction, aerial view, continue tall delineators or use a traffic lane separator to discourage “lane diving” from left lane to right lane (the aqua paths).

Agenda Item 20

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Chair and Members of the Successor Housing Agency; From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Successor Housing Agency Sale of 1035 Oakwood Drive to Menva Abelian and Allison Abelian
Recommendation: 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 1035 Oakwood Drive (APN 051-264-004), and all other necessary documents, in the amount of $360,000 to Menva Abelian and Allison Abelian, subject to approval of the City Attorney as to legal form
B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low-Moderate Income Housing Fund
Fiscal Impact: Sale Price - $360,000
Estimated Net Proceeds - $339,000
Purpose:

To sell 1035 Oakwood Drive which has been deemed a surplus property by the Successor Housing Agency to the Yuba City Redevelopment Agency.

Council's Strategic Goal:

This item supports the Council's goal of fiscal responsibility as the disposition of the property will generate funds to place in the City's Low-Moderate Income Housing Fund, which can be used to support affordable housing projects.

Background:

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 1035 Oakwood Drive 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

Successor Housing Agency is permitted to proceed with the sale or lease of the property.

Analysis:
1035 Oakwood Drive was placed on the market in November. The property was listed at $345,000 and multiple offers were received, including an offer from Menva Abelian and Allison Abelian, in the amount of $360,000. Based on the condition of the house and the current housing market, staff recommends that the City Council as the Directors to the Successor Housing 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 Menva Abelian and Allison Abelian.

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

Fiscal Impact:

With a sales price of $360,000, the estimated net proceeds is $339,000.

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 that:

A. Authorizes the City Manager, as 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 1035 Oakwood Drive (APN 051-264-004), and all other necessary documents, in the amount of $360,000 to Menva Abelian and Allison Abelian, subject to approval of the City Attorney as to legal terms.

B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low-Moderate Income Housing Fund.

Attachments:

1. Resolution - 1035 Oakwood

2. Exhibit A - PSA 1035 Oakwood
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 1035 OAKWOOD DRIVE (APN 051-264-004), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $360,000 TO MENVA ABELIAN AND ALLISON

ABELIAN, AND AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN

THE SUCCESSOR AGENCY LOW-MODERATE INCOME HOUSING 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 1035 Oakwood Drive 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, 1035 Oakwood Drive was placed on the real estate market in November, multiple offers were received, including an offer from Menva Abelian and Allison Abelian in the amount of $360,000; 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-Moderate Income Housing Fund.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby 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 1035 Oakwood Drive (APN 051-264-004), and all other necessary documents, in the amount of $360,000 to Menva Abelian and Allison Abelian.

2. The Finance Director is authorized to place sale proceeds in the Successor Agency LowModerate Income Housing Fund.

The forgoing 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 19 th day of December, 2023.

AYES:

NOES:

ABSENT:

Shon Harris, 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 19th day of December, 2023 (“Agreement Date”) by and among Menva Abelian and Allison Abelian (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 1035 Oakwood Drive in Yuba City, State of California (APN 051-264-004) 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 Three Hundred Sixty Thousand Dollars ($360,000) (“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 Three Thousand Six Hundred Dollars ($3,600) 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

01248.0012/919634.1 3
determined by the Seller settlement statement) shall be disbursed to Seller.

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.

01248.0012/919634.1 4

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 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

01248.0012/919634.1 5
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 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

01248.0012/919634.1 6
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 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.

01248.0012/919634.1 7
(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 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

01248.0012/919634.1 8
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”). 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.

01248.0012/919634.1 9

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 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 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

01248.0012/919634.1 10
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.

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: Menva Abelian and Allison Abelian
1035 Oakwood Drive
Yuba City, CA 95991
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

01248.0012/919634.1 11

13. GENERAL PROVISIONS.

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

01248.0012/919634.1 12
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.

BUYER: SELLER:
__________________________
Menva Abelian
__________________________
Allison Abelian

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
Accepted and agreed to:

ESCROW HOLDER:

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

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:

Lot 77, as shown on the Map entitled, “Oakview Estates Unit 2”, Filed in the Office of the County Recorder of Sutter County, California on April 16, 1987 in Book 12 of Surveys at Page 232.

APN: 51-264-004

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Menva Abelian & Allison Abelian
1035 Oakwood Drive
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 Menva Abelian and Allison Abelian 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 051-264-004-000 (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:

Lot 77, as shown on the Map entitled, “Oakview Estates Unit 2”, Filed in the Office of the County Recorder of Sutter County, California on April 16, 1987 in Book 12 of Surveys at Page 232.

APN: 51-264-004

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.

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 1035 OAKWOOD DRIVE (APN 051-264-004), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $360,000 TO MENVA ABELIAN AND ALLISON

ABELIAN, AND AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN

THE SUCCESSOR AGENCY LOW-MODERATE INCOME HOUSING 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 1035 Oakwood Drive 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, 1035 Oakwood Drive was placed on the real estate market in November, multiple offers were received, including an offer from Menva Abelian and Allison Abelian in the amount of $360,000; 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-Moderate Income Housing Fund.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby 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 1035 Oakwood Drive (APN 051-264-004), and all other necessary documents, in the amount of $360,000 to Menva Abelian and Allison Abelian.

2. The Finance Director is authorized to place sale proceeds in the Successor Agency LowModerate Income Housing Fund.

The forgoing 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 19th day of December, 2023.

AYES:

NOES:

ABSENT:

Shon Harris, 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 19th day of December, 2023 (“Agreement Date”) by and among Menva Abelian and Allison Abelian (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 1035 Oakwood Drive in Yuba City, State of California (APN 051-264-004) 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 Three Hundred Sixty Thousand Dollars ($360,000) (“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 Three Thousand Six Hundred Dollars ($3,600) 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

01248.0012/919634.1 3
determined by the Seller settlement statement) shall be disbursed to Seller.

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.

01248.0012/919634.1 4

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 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

01248.0012/919634.1 5
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 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

01248.0012/919634.1 6
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 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.

01248.0012/919634.1 7
(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 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

01248.0012/919634.1 8
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”). 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.

01248.0012/919634.1 9

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 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 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

01248.0012/919634.1 10
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.

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: Menva Abelian and Allison Abelian
1035 Oakwood Drive
Yuba City, CA 95991
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

01248.0012/919634.1 11

13. GENERAL PROVISIONS.

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

01248.0012/919634.1 12
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.

BUYER: SELLER:
__________________________
Menva Abelian
__________________________
Allison Abelian
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:

Lot 77, as shown on the Map entitled, “Oakview Estates Unit 2”, Filed in the Office of the County Recorder of Sutter County, California on April 16, 1987 in Book 12 of Surveys at Page 232.

APN: 51-264-004

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Menva Abelian & Allison Abelian
1035 Oakwood Drive
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 Menva Abelian and Allison Abelian 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 051-264-004-000 (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:

Lot 77, as shown on the Map entitled, “Oakview Estates Unit 2”, Filed in the Office of the County Recorder of Sutter County, California on April 16, 1987 in Book 12 of Surveys at Page 232.

APN: 51-264-004

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 21

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Chair and Members of the Successor Housing Agency; From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Successor Housing Agency Sale of 1082 McCollum Avenue to Goomaitee Ibaran
Recommendation: 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 1082 McCollum Avenue (APN 052-122-002), and all other necessary documents, in the amount of $315,000 to Goomaitee Ibaran, subject to approval of the City Attorney as to legal terms
B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low-Moderate Income Housing Fund
Fiscal Impact: Sale Price - $315,000
Estimated Net Proceeds - $297,000
Purpose:

To sell 1082 McCollum Avenue which has been deemed a surplus property by the Successor Housing Agency to the Yuba City Redevelopment Agency.

Council's Strategic Goal:

This item supports the Council's goal of fiscal responsibility as the disposition of the property will generate funds to place in the City's Low-Moderate Income Housing Fund, which can be used to support affordable housing projects.

Background:

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 1082 McCollum Avenue 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

Successor Housing Agency is permitted to proceed with the sale or lease of the property.

Analysis:
1082 McCollum Avenue was placed on the market in November. The property was listed at $325,000 and multiple offers were received, including an offer from Goomaitee Ibaran, in the amount of $315,000. Based on the condition of the house and the current housing market, staff recommends that the City Council as the Directors to the Successor Housing 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 Goomaitee Ibaran.

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

Fiscal Impact:

With a sales price of $315,000, the estimated net proceeds is $297,000.

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 that:

A. Authorizes the City Manager, as 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 1082 McCollum Avenue (APN 052-122-002), and all other necessary documents, in the amount of $315,000 to Goomaitee Ibaran, subject to approval of the City Attorney as to legal.

B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low-Moderate Income Housing Fund.

Attachments:

1. Resolution - 1082 McCollum

2. Exhibit A - PSA 1082 McCollum
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 1082 MCCOLLUM AVENUE (APN 052-122-002), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $315,000 TO GOOMAITEE IBARAN, AND

AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE

SUCCESSOR AGENCY LOW-MODERATE INCOME HOUSING 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 1082 McCollum Avenue 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, 1082 McCollum Avenue was placed on the real estate market in November, multiple offers were received, including an offer from Goomaitee Ibaran in the amount of $315,000; 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-Moderate Income Housing Fund.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby 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 1082 McCollum Avenue (APN 052-122- 002), and all other necessary documents, in the amount of $315,000 to Goomaitee Ibaran.

2. The Finance Director is authorized to place sale proceeds in the Successor Agency LowModerate Income Housing Fund.

The forgoing 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 19 th day of December, 2023.

AYES:

NOES:

ABSENT:

Shon Harris, 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 19th day of December, 2023 (“Agreement Date”) by and among Goomaitee Ibaran (“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 1082 McCollum Avenue in Yuba City, State of California (APN 052-122-002) 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 Three Hundred Fifteen Thousand Dollars ($315,000) (“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 Five Thousand Dollars ($5,000) 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

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determined by the Seller settlement statement) shall be disbursed to Seller.

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.

01248.0012/919634.1 4

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 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

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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 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

01248.0012/919634.1 6
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 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.

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(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 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

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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”). 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.

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

Seller shall pay the cost of the NHD Report, documentary transfer taxes, onehalf of the escrow 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 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

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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.

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: Goomaitee Ibaran
1082 McCollum Avenue
Yuba City, CA 95991
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

01248.0012/919634.1 11

13. GENERAL PROVISIONS.

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

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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.

BUYER: SELLER:
__________________________
Goomaitee Ibaran

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
Accepted and agreed to:

ESCROW HOLDER:

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

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:

Lot 4 and the East 2.28 feet (front and rear measurements) of Lot 5, all in Block 4, as shown on that certain Map entitled “Plat of McCollum Tract” filed in the Office of the County Recorder of Sutter County, California, on April 3, 1950 in Book 8 of Surveys, Page 30.

Excepting therefrom the Easterly 2.0 feet (front and rear measurements) of said Lot 4.

APN: 52-122-002

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Goomaitee Ibaran
1082 McCollum Avenue
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 Goomaitee Ibaran 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 052-122-002-000 (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:

Lot 4 and the East 2.28 feet (front and rear measurements) of Lot 5, all in Block 4, as shown on that certain Map entitled “Plat of McCollum Tract” filed in the Office of the County Recorder of Sutter County, California, on April 3, 1950 in Book 8 of Surveys, Page 30.

Excepting therefrom the Easterly 2.0 feet (front and rear measurements) of said Lot 4.

APN: 52-122-002

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.

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 1082 MCCOLLUM AVENUE (APN 052-122-002), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $315,000 TO GOOMAITEE IBARAN, AND

AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE

SUCCESSOR AGENCY LOW-MODERATE INCOME HOUSING 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 1082 McCollum Avenue 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, 1082 McCollum Avenue was placed on the real estate market in November, multiple offers were received, including an offer from Goomaitee Ibaran in the amount of $315,000; 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-Moderate Income Housing Fund.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby 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 1082 McCollum Avenue (APN 052-122- 002), and all other necessary documents, in the amount of $315,000 to Goomaitee Ibaran.

2. The Finance Director is authorized to place sale proceeds in the Successor Agency LowModerate Income Housing Fund.

The forgoing 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 19th day of December, 2023.

AYES:

NOES:

ABSENT:

Shon Harris, 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 19th day of December, 2023 (“Agreement Date”) by and among Goomaitee Ibaran (“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 1082 McCollum Avenue in Yuba City, State of California (APN 052-122-002) 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 Three Hundred Fifteen Thousand Dollars ($315,000) (“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 Five Thousand Dollars ($5,000) 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

01248.0012/919634.1 3
determined by the Seller settlement statement) shall be disbursed to Seller.

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.

01248.0012/919634.1 4

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 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

01248.0012/919634.1 5
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 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

01248.0012/919634.1 6
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 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.

01248.0012/919634.1 7
(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 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

01248.0012/919634.1 8
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”). 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.

01248.0012/919634.1 9

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

Seller shall pay the cost of the NHD Report, documentary transfer taxes, onehalf of the escrow 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 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

01248.0012/919634.1 10
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.

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: Goomaitee Ibaran
1082 McCollum Avenue
Yuba City, CA 95991
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

01248.0012/919634.1 11

13. GENERAL PROVISIONS.

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

01248.0012/919634.1 12
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.

BUYER: SELLER:
__________________________
Goomaitee Ibaran
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:

Lot 4 and the East 2.28 feet (front and rear measurements) of Lot 5, all in Block 4, as shown on that certain Map entitled “Plat of McCollum Tract” filed in the Office of the County Recorder of Sutter County, California, on April 3, 1950 in Book 8 of Surveys, Page 30.

Excepting therefrom the Easterly 2.0 feet (front and rear measurements) of said Lot 4.

APN: 52-122-002

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Goomaitee Ibaran
1082 McCollum Avenue
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 Goomaitee Ibaran 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 052-122-002-000 (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:

Lot 4 and the East 2.28 feet (front and rear measurements) of Lot 5, all in Block 4, as shown on that certain Map entitled “Plat of McCollum Tract” filed in the Office of the County Recorder of Sutter County, California, on April 3, 1950 in Book 8 of Surveys, Page 30.

Excepting therefrom the Easterly 2.0 feet (front and rear measurements) of said Lot 4.

APN: 52-122-002

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 22

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Recycling Industries – Amendment to Use Permit (UP 17-05) and Development Plan (DP 17-03) – Alternative City Council Review
Recommendation: Adopt a Resolution of the City Council of the City of Yuba City making the determination to utilize the Alternative City Council review process in consideration of Recycling Industries amendment to Use Permit 17-05 and Development Plan 17-03 as provided for by Municipal Code Section 8-5.7003 (f); located at 140 Epley Drive, Assessor’s Parcel 54-083-026 Fiscal Impact: Application fees pay for staff time associated with processing entitlement applications
Purpose:

To determine whether to utilize the Alternative City Council Review Process in consideration of Recycling Industries’ amendment to Use Permit 17-05 and Development Plan 17-03.

Council’s Strategic Goal:

This item indirectly relates to the Council's Business Friendly Strategic Goal to help streamline processes for businesses.

Background:

Below is a summary of the entitlement history of Recycling Industries located at 140 Epley Drive. 2008 Planning Commission approved Use Permit 07-12 that relocated Recycling Industries (RI) operations from 389 Wilbur Avenue to its present-day location at 140 Epley Drive. 2014 Planning Commission approves Use Permit 12-01 which converted the facility at 140 Epley Drive into a Large Volume Transfer Station (LVTS). Environmental Assessment (EA) 12-02 analyzed potential impacts associated with facility construction and operation with a maximum throughput of 100 tons per day (TPD) of mixed waste and recyclables. Project elements included the following:

1. Operations expanded to be conducted on three acres.

2. Two metal buildings replaced with a new 21,600 square foot building.

3. Allow up to 100 TPD of mixed recyclables and solid waste.

4. Allow up to 10 percent putrescible material.

5. Allow self-haul. Prohibited packer garbage trucks.

6. Required annual review for three years following construction.

UP 12-01 received two time extensions with a final expiration date of July 23, 2020. 2019 On appeal from the Planning Commission, the City Council approved Use Permit 17-05 and Development Plan 17-03 and adopted a Mitigated Negative Declaration, amending previous entitlements to include the following key limitations:

1. Continue to limit maximum throughput to 100 TPD where the applicant requested 300 TPD (Condition 3)

2. Restricted to accepting waste generated only from Sutter and Yuba Counties (Condition 4)

3. Continue to limit putrescible waste material to 10 percent where the applicant requested no threshold (Condition 5)

4. Continue to prohibit packer trucks (garbage trucks) where the applicant requested that packer trucks with side, front or rear loaders be allowed (Condition 10)

5. Project site expanded from three to four acres

6. Relocate an existing 1,800 square foot (sf) metal building

7. Expand transfer and processing building from 18,000 sf to 21,600 sf

8. Limit tire storage to a 40-yard bin (Condition 7)

9. Prohibit operations on Sunday (Condition 12)

10. Require future project modifications be submitted to the City Council for Review (Condition 60)

11. Notify project opponents (Stop the Dump) of any applications to modify the project (Condition 60)
Analysis:

RI has applied to amend Use Permit 17-05 and Development Plan 17-03 requesting to remove the restrictions established in the City Council’s 2019 approval in Conditions 3, 4, 7, 10, 12, 59 and 60. A copy of the applicant’s requested modifications is attached to this staff report.

Municipal Code Sections 8-5.7001(d) and 8-5.7003(f) provide for alternative City Council review of development plans and use permits and Section 8-5.7003(f)(4) states the following rationale for having expedited review:
“Factors for proceeding with the alternative review process can include likelihood of an appeal to the City Council if another review process is used, the public interest in expediting the review process, and other items related to public health, safety and welfare. The City Council may not consider the merits of, or whether to approve or deny, the use permit, but shall have sole discretion whether to utilize the alternative review process for the use permit.”
UP 17-05 and DP 17-03 generated significant public interest and opposition and was appealed to the City Council. Combined with the requirement specified in Condition 60 that future modifications be brought to Council, City staff is bringing this item forward for Council to determine if it desires to utilize the alternative review process consistent with today’s adopted processes.

The alternative City Council review process may not be used unless it is approved by a majority of the City Council.

Fiscal Impact:

Application fees pay for staff time associated with processing entitlement applications.

Alternatives:

The City Council may determine not to utilize the alternative review process provided by Municipal Code Sections 8-5.7001(d) and 8-5.7003(f).

Recommendations:

Adopt a Resolution of the City Council of the City of Yuba City making the determination to utilize the Alternative City Council review process in consideration of Recycling Industries amendment to Use Permit 17-05 and Development Plan 17-03 as provided for by Municipal Code Section 8-5.7003 (f); located at 140 Epley Drive, Assessor’s Parcel 54-083-026 Attachments:

1. Location Map and Site Plan

2. Applicant Requested Modifications to Conditions of Approval

3. Proposed Resolution
Prepared By: Submitted By:

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

ATTACHMENT 1

Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community

BURNS DR

EPLEY DR
PUTMAN
AVE
Recycling Industries
I!
Amended Use Permit 17-05 | Location Map
Project Site

ATTACHMENT 2

PROPOSED MODIFICATION OF USE PERMIT UP 17-05:

EXISTING LARGE VOLUME TRANSFER STATION
APPLICANT/OWNER: RECYCLING INDUSTRIES, INC.

LOCATION: 140 EPLEY DRIVE
ASSESSOR’S PARCEL NUMBERS: 54-083-026
PROJECT DESCRIPTION:

The applicant is proposing to amend and/or remove certain conditions related to business activities conducted at their existing Large Volume Transfer Station (LVTS) located at 140 Epley Drive.

The conditions for UP 17-05 were approved by City Council on February 5, 2019 and are listed below on this document. This proposal to amend or remove certain conditions does not alter any analyzed environmental condition approved under the Subsequent IS/MND for EA 17-10 (2019 MND) and therefore exempts any of these amendments from further environmental review per the California Environmental Quality Act (CEQA).

Below is a list of each condition number to be amended or removed. The strikethrough lettering shows the original condition. Italics lettering shows amended or added language. All amendments and removals are listed in red font
INDEMNIFICATION:

1. 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.”
a. Insurance – Applicant shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this use under this entitlement adequate insurance for the proposed project as deemed necessary by a third-party waste management field expert as chosen by the Applicant. Any fee incurred by the City to receive the third-party recommendation will be paid by Applicant within 30 days. Such policy or policies shall be without any deductible amount (except as may be expressly authorized by the City), and shall be issued by companies authorized to do business in the state of California shall specifically protect City by naming City as additional insureds on the policies. The Applicant shall forward to the City updated certificates of insurance and endorsement(s) when policies

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 2
are renewed or changed. The insurance required shall not be interpreted to relieve the Applicant of any other obligations or conditions of approval. The Applicant shall remain fully liable for all deductibles and amounts in excess of the coverage actually realized.

2. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

MATERIALS:

3. The facility shall not receive more than 100 300 tons per day.

4. The facility shall only receive material generated within the Sutter and Yuba Counties be able to receive material generated within any jurisdiction.
a. Applicant will maintain logs showing location of waste received and shipped and provide copies of such logs once every ninety days to City.

5. Putrescible material: maximum of 10 percent of all material. Material shall be removed within 48 hours.

6. The facility shall not accept, store, or process:
a. Hazardous Material
b. Biohazardous Material
c. Medical Waste
If any of the above waste (hazardous, biohazardous or medical) is dumped illegally at the site, the operator shall take necessary steps to properly handle and dispose of such items listed.

7. Tires: Shall be stored in a bin no larger than 40 yards in size. A maximum of one tire bin shall be at the facility at any given time. The operator may store tires acceptable to State law and approved by the Cal-Recycle Local Enforcement Agency (LEA).

8. Green Waste:
a. No green waste shall be accepted via a packer truck, including side, front, or rear loaders. b. Self-haul green waste may be accepted and processed. c. Green Waste shall be removed within 48 hours of being accepted.

9. Pallets: Shall not be stacked taller than 6 feet in height outdoors.

DELIVERY OF MATERIAL:

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 3

10. Except for source separated curbside recyclables, material may not be accepted via packer trucks. The operator may receive material via packer trucks. This includes side, front, or rear loaders.

11. Roll off bins of up to 50 yards may be accepted.

12. The facility is closed Sunday. The facility is open from to receive refuse/waste from 7am – 5pm, Monday through Saturday Sunday with ancillary operations from 6:30am – 9pm, Monday through Saturday Sunday. Other activities within buildings may occur up to 24 hours per day, Monday thru Saturday.

STORAGE:

13. All utilized areas, including storage areas, shall be paved.

14. Bundled, packaged, and/or palletized material shall be stored on paved areas.

VECTOR CONTROL:

15. Operator shall follow all controls listed in Section 5.5 of Transfer/Processing Report (TPR).

NOISE:

16. Operator shall contract with an independent acoustical engineer to measure noise being generated by the facility within 10 working days as requested by the City. Should noise levels exceed adopted City standards, said noise levels shall be reduced to acceptable levels within 24-hours. Noise levels shall not exceed City standards as measured at the property line.

ODOR CONTROL:

17. Operator shall comply with all provisions listed in Section 5.4 of TPR

18. Trucks shall be washed weekly off-site or on-site where solids in water can be captured before entering the City stormwater system. City-approved industrial cleaning facilities shall be specified as approved locations for washing, if such cleaning facilities are incorporated within City limits
QUEUING:

19. All queuing of vehicles must be maintained on the Applicant’s property. All employee vehicles must be parked on the Applicant’s property.

There shall be no stacking and/or queuing of vehicles entering the facility and/or waiting to access the scale on the public right-of-way. “Public right of way” shall include Epley Drive, Garden Highway, Putman Avenue, Burns Drive, Hasset Avenue, and any alleys over which a public right of way has been retained.

Vehicles shall not be directed to leave the facility to avoid queuing; rather operational changes shall be implemented within 24 hours of notification by the City.

PROCESSING:

20. All processing, sorting, compacting, shredding, baling, crushing, etc. of solid waste destined

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 4
to a landfill shall occur indoors.

21. All green waste shall be stored indoors unless contained in a roll-off container and covered.

22. Storage of roll off bins destined to be dumped and processed at the site shall be properly covered, unless stored indoors.

23. During construction, contractor vehicles must be parked on Applicant’s property, except to the extent to accommodate concrete, paving and asphalt work occurring on the property. Such work will be completed within 60 days, unless expressly approved by the Public Works director.

24. Litter control shall be implemented as described in section 4.11.2 of the TPR report.

25. The transfer station operator shall manage the facility in such a manner that confines litter to the work area, which prevents litter from accumulating on other parts of the site and which prevents litter from being blown off the site.

26. The transfer station operator shall implement a program requiring transfer station users to securely containerize their load to avoid littering. The program shall be subject to the approval of the City.

27. Under windy conditions, the transfer station operator shall cover the refuse with City approved cover materials as often as necessary to control blowing litter. Other options shall be considered as necessary, including the alignment of unloading areas away from the prevailing wind direction.

28. The transfer station operator shall install portable litter fencing in the work area to intercept wind-blown debris.

29. The transfer station operator shall remove litter from the litter fencing and planting screens at least once a day. On site access areas shall be policed at least daily. The City may require more frequent policing to control the accumulation of litter.

30. The transfer station operator shall provide weekly (or more frequent) litter clean up along City right-of-way to and from the facility. The City may modify the frequency of clean up and/or area of coverage. If wind-blown litter from the transfer station reaches other properties, the Public Works Director may require the transfer station operator to remove the litter and the Director may require the operator to institute additional measures to prevent recurrence of the problem.

31. Paved roadways proximate to the site shall be cleaned as necessary when soil material has been carried by patrons of the facility onto public roadways. If the operator fails to do so upon notice, the City may clean the roadway at the operator’s expense.

32. The transfer station operator shall post signs, as determined necessary by the City, along access roads to the transfer station noting littering and illegal dumping laws. The operator shall

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 5
periodically publish these laws and operation hours in mailings postings, pamphlets or any advertisement, electronic or otherwise.

33. The transfer station operator shall post signs at the transfer station entrance noting the hours of operation.

POSTING OF SIGNS:

34. The transfer station operator shall post signs, at their expense, notifying patrons of littering regulations and the need to properly tarp their vehicles to minimize debris from exiting the vehicle onto the roadway and/or neighboring sites.

HOST FEE:

35. Prior to use of the new building, the applicant will negotiate a “host Fee” with the City. The Host Fee will be calculated based upon the amount of garbage that is ultimately transferred to the Landfill by the applicant.
a. Authorize the Community Development Director (or his designee) to approve minor technical amendments to the project Transfer Processing Report that do not alter any Conditions of Approval, as necessary to accommodate final approval from the State of California.
b. Any requests for modifications must be submitted to City Council for approval, if consistent with City Ordinances then in effect. Authorize the Community Development Director (or his designee) to provide all necessary approvals, which do not modify the conditions, required to obtain final approval from the State of California for the proposed Large Volume Transfer Station.

PUBLIC WORKS:

36. 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.

37. The applicant, 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 ensure compliance.

38. Storage of construction vehicles/material is not allowed in the travel way.

39. 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 lands or impede the drainage from those properties. The rear yards and/or side yards of the parcel 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.

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

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 6

41. The Developer shall place, within the property boundary, an in-line separator on the storm drain line prior to the point of connection to the storm drain line in the City right-of-way.

Property owner shall be responsible for all maintenance of the system.

42. 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 that all construction equipment is 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.”

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

44. 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.

45. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting Maintenance District for the purpose of maintaining the street lights. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.

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

47. Cross easements over all property not occupied by buildings shall be reserved in deeds for all underground utilities, ingress and egress, parking, drainage, landscaping, and the maintenance thereof to the benefit of all parcels involved in the division.

48. Prior to the issuance of a building permit, the property owner shall merge the parcels in to one parcel, or shall relocate the property lines between the parcels so they do not bisect any buildings.

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 7

49. The project, including phased improvements, shall comply with the City’s Storm water Management and Discharge Control Ordinance (Title 4, Chapter 21 of the Yuba City Municipal Code).

50. Prior to the issuance of a building permit, the applicant shall provide evidence that a Notice of Intent has been submitted and received by the local Water Quality Control Board for a General Construction Activity Storm Water Permit. Two copies of the project Storm Water Pollution Protection Plan shall be provided to the City.

51. Prior to obtaining final occupancy approval, the applicant shall provide, to the Public Works Director, the name and contact information of the individual(s) who will be responsible for cleaning any debris in the City right-of-way resulting from the transfer station’s operations.

52. Applicant to contact the State Water Resources Control Board to determine industrial general permit compliance.

FIRE DEPARTMENT

53. Obtain necessary permits from the Yuba City Fire Department.

CALRECYCLE:

54. Comply with letter November 5, 2018 and subsequent correspondence between CalRecycle and Larry Miner.

Feather River Air Quality Management District:

55. Comply with letter dated November 6, 2018 and subsequent correspondence between the FRAQMD and Larry Miner.

Sutter-Yuba Local Enforcement Agency:

56. Comply with letter dated November 5, 2018 and subsequent correspondence between the LEA and Larry Miner.

Central Valley Regional Water Quality Control Board:

57. Comply with letter dated October 30, 2018
Planning Commission Meeting Condition:

58. The mitigation measures identified in the initial study and mitigated negative declaration, which also include Appendix A of the Transfer Processing Report Assessment, shall be included as mitigation measures.

Additional Conditions

59. PROJECT DEADLINES: To prove good faith in completing this project in a timely manner, and to acknowledge that time is of the essence, the applicant must commence construction by March 31, 2020, and be substantially complete within 18 months of commencement. Failure to comply with either deadline will void modification of this Use Permit. Substantially complete is defined by City Code.

60. FUTURE USE PERMIT MODIFICATIONS AND EXTENSIONS:

Project Description
Recycling Industries: 140 Epley Drive
July 18, 2023 / page 8
a. Given the repeated extensions of Use Permit 12-01, the City advises the Applicant future attempted modifications of this Use Permit will be, if consistent with City Ordinances then in effect, submitted to the City Council for review.
b. Additionally, if the Applicant fails to meet project deadlines outlined in Condition 59, the previous Use Permit 12-01 will not be eligible for extension and will expire if not effectuated.
c. City staff must notify Stop the Dump of the receipt of any applications for modification of this Use Permit when received and afford STD a minimum of 20 days to respond and request the opportunity to reply. Notice is presumed to have been properly provided to STD if mailed, emailed, faxed, or personally delivered to:

Bridgit Barnes, Esq.

Brigit S. Barnes & Associates, Inc.
3262 Penryn Road, Suite 200
Loomis, CA 95650
Tel: 916-660-9555
Fax: 916-660-9554
Email: [email protected]
In total, nine of the sixty conditions are being amended or removed. Below is a description of the reasoning for the request to amend or remove these conditions:
• Condition #3: The operator is seeking to obtain the limits as approved in 2019 MND. This condition as amended has been analyzed and is exempt from further environmental review.

See Sections 1.2 of the 2019 MND.
• Condition #4: The operator has business opportunities to receive material originating outside of Yuba and Sutter County. The condition should be removed so as to allow the operator to grow its business. The 2019 MND did not include a limitation on where the material could be sourced. As such, this change is covered by the scope of the 2019 MND.

See Section 7 of the 2019 MND.
• Condition #5: The 2019 MND already analyzed the results of removing this condition.

The 2019 MND contains mitigations measures for the operator to use, such as shipping out potentially odorous material within 48-hours of receipt at the site. Therefore removing this condition is exempt from further environmental review. See Sections 3e of the 2019 MND. • Condition #7: The operator is not always able to store tires in a 40-yard container. Instead the operator stacks tires on pallets and stores tires according to state law. State law restricts the number of tires stored on-site to approximately 499 tires. In addition, state law prescribes acceptable methods of storage, record keeping and disposal (See Title 14 CCR Section 17350 – 17359). The operator is a licensed Tire Collection Site. The Tire Enforcement Agency inspects the site according to state law. The 2019 MND did not include any limitation on how to store tires. This condition as amended does not require further environmental review.
• Condition #10: The operator requests to receive all materials as analyzed in the 2019

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MND. The 2019 MND analyzed the impacts of allowing packer trucks to transport materials to the Facility. Therefore, the 2019 MND covers this proposed amendment to the CUP and is exempt from further environmental review. See Section 1.2, 3, 7 & 12 of the 2019 MND.
• Condition #12: Amending this condition allows the operator the latitude to modify its hours with approval from the LEA as long as the hours of operation are consistent with what was analyzed in 2019 MND. This condition as amended was analyzed in 2019 MND and does not require any additional environmental review. See Section 12 of the 2019 MND.
• Condition #59: The requirements of this condition have been completed. Therefore, this condition should be removed.
• Condition #60: This condition was requested for reasons noted in #60a and #60b.

Specifically, this condition was added in case an “extension” was filed or if the operator had failed to complete the project in a timely manner. Since both conditions were completed, no further notification should be needed to this group. Any further amendments to the conditions of approval will be noticed to the public according to state law.

In accordance with the requirements of the City’s Zoning Ordinance Section 8-5.2101, a Use Permit approved by the Planning Commission is required to operate a recycling and collection facility in the M-2 Zoning District. It is noted that in addition to being required to comply with local regulations and requirements, the Recycling Industries Transfer Station (RITS) must also comply with all applicable State statutes & regulations and other agency requirements. As a LVTS, this facility is inspected by the Yuba-Sutter Local Enforcement Agency on a minimum monthly basis, with enforcement-empowered corrections ordered for all conditions that do not meet State standards for human and environmental health. Additional details regarding the applicable State and local agency requirements are provided in the Environmental section below.

General Plan Designation:

Manufacturing, Processing, and Warehousing.

Zoning Classification:

Industrial District (M-2).

Property Description:

The project site is located at the southwest corner of Epley Drive and Putman Avenue. There are seven existing metal buildings and existing improved surface upon APN 54-083-26. Street improvements (curb, gutter and sidewalk) exist along the Epley Drive and Putman Avenue frontages of this parcel, together with existing street shade trees and frontage landscaping. The

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site is complete with respect to all construction requirements evaluated for DP 17-03. No modifications are being requested to DP 17-03 as part of this application.

Surrounding Land Use:

Undeveloped industrial land which is utilized for the truck storage business is located immediately north of the site across Epley Drive. Escalara Manufacturing is located across Epley Drive to northwest of the site, and Unity Forest is located across Epley Drive to northeast of the site. To the east, across Putman Avenue, are multiple industrial businesses including: Andean Foods, a truck repair site; and, North State Tire/ Bandag Repair. Immediately to the west of the project site is a heavy industrial use by Hilo Erectors, and to the immediate south of the site is a parcel under construction as a truck storage yard, which separates the project from the Kingsbury Bearings industrial business located further to the south.

All parcels within 1,000 feet of the project site are zoned M-2 (Industrial District). The nearest residentially zoned or residentially occupied property is over 1,850 feet to the west of the project site boundary.

Previous Planning Commission & City Council Actions and/or Policies:

On February 29, 2008, the Planning Commission adopted a Mitigated Negative Declaration (File # EA 07-29) and approved a Use Permit (File # UP 07-12) to relocate an existing recycling facility from 389 Wilbur Avenue to the subject property at 140 Epley Drive.

On July 23, 2014, the Planning Commission adopted a Mitigated Negative Declaration (File # EA 12-02) and approved a Use Permit (File # UP 12-01) to approve the LVTS upon the subject property at 140 Epley Drive, subject to certain conditions of approval.

On August 24, 2016, the Planning Commission granted a 2-year extension for Use Permit UP 12- 01 for completion of development of the LVTS upon the subject property at 140 Epley Drive subject to compliance with all conditions and/or mitigation measures as approved by the Planning Commission on July 23, 2014.

On November 18, 2018, the Planning Commission adopted the Subsequent IS/MND for EA 17- 10, which states that with the recommended mitigation measures, the proposed modification of UP 12-01 would not create any significant environmental impacts. The Commission also approved DP 17-03 and UP 17-05 with a total of 58 conditions that enabled RI to modify its three-acre Large Volume Transfer/Processing Solid Waste Facility and add an additional 1-acre parcel.

Following an appeal of the Planning Commission’s November 18th approval UP 17-05 & IS/MND EA 17-10, the City Council conducted a hearing on January 15, 2019 and February 5, 2019. The City Council adopted a Resolution denying the appeal, and approving and adopting the Subsequent Initial Study/Mitigated Negative Declaration EA 17-10 for the project and Use Permit 17-05. In addition the City Council added modified the conditions of approval to a total of 60 conditions.

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Environmental:

A Mitigated Negative Declaration (EA 12-02) was prepared for the UP 12-01 project.

In addition to complying with all applicable local ordinances and requirements, the UP 12-01 project further complied with applicable State standards requirements for solid waste management facilities. The LVTS considered in EA 12-02 is required to meet the State standards for solid waste handling as promulgated within the California Code of Regulations (CCR), Title 14. The Yuba-Sutter Local Enforcement Agency (LEA) is responsible for ensuring that the design and the ongoing operations of this project is in compliance with all applicable State-mandated requirements within the aforementioned regulations. Facility inspection by the LEA is at a minimum monthly frequency, and items which are not conforming to State standards must be corrected under penalty of enforcement. The modified project continues and enhances compliance with these State standards, other state and local agency requirements, and all applicable local ordinances.

As part of the State-mandated requirements of CCR Title 14, the applicant is required to prepare a Transfer/ Processing Report (TPR) which details how the proposed RITS will comply with all statutes, regulations and standards/ requirements (State, City, and local agencies) by fully describing the RITS operations, and providing engineered designs for purposes including the protection of human health and safety and the environment. An amended TPR is being prepared for the RITS to this end for the modified project.

In addition to the LVTS being subject to compliance with the provisions Title 14 CCR under the enforcement authority of the Yuba-Sutter LEA, the following regulatory requirements also apply to the RITS facility:
• Use Permit - A Use Permit (UP) for the RITS is required by the City of Yuba City to allow the operation of a solid waste transfer station on the subject property. This is, in part, required to ensure conformance with the Regional Integrated Waste Management Plan. The Integrated Waste Management Plan is required by AB 939 and includes a Source Reduction and Recycling Element (SRRE) and a Non-Disposal Facility Element (NDFE) which identify how the City will comply with AB 939 recycling and diversion mandates and reduce solid waste disposal in landfills. The site operates under UP 17-05
• Non-Disposal Facility Element - The Regional Waste Management Authority (RWMA) has amended the NDFE to include the RITS facility. The amendment to the RWMA’s NDFE for this LVTS was completed in September 2014, and is based the consistency of recycling/ diversion rates of the RITS facility with the Integrated Waste Management Plan adopted by RWMA, and a facility design capacity of up to 500 TPD. The UP 17-05 project is consistent with the NDFE amendment adopted by RWMA during September 2014. • Storm Water Permit - The facility maintains compliance with the State Water Resources Control Board (SWRCB) General Industrial Storm Water Permit (NPDES) program as administered by the Regional Water Quality Control Board, Central Valley Region (RWQCB).

A Storm Water Pollution Prevention Plan (SWPPP) and Monitoring Plan have been developed for the RITS facility by a qualified professional. Best Management Practices (BMPs) set forth within the SWPPP for control of stormwater discharge quality, together with sampling and analysis of stormwater, is performed as required for the General Industrial NPDES program,

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and evaluated for effectiveness and modified as warranted on a minimal annual basis. The RITS is subject to periodic unannounced inspections by RWQCB enforcement staff to ensure that all elements of these stormwater programs are current, and that BMPs are being implemented and periodically evaluated for efficacy.
• California Division of Recycling Processor Certification Permit – The State of California Department of Conservation has issued a Certification for the facility to operate as a State Certified Processor to support Certified Recycling Centers and Collection Programs. • Hazardous Waste Generator ID Number - The RITS does not generate over 250 gallons of hazardous waste per year. Operating under this threshold, the facility is not required to obtain a Hazardous Waste Generator ID Number from the California Department of Toxic Substances Control.
• Solid Waste Facilities Permit – A Solid Waste Facilities Permit (SWFP) for the UP 12-01 project was recommended for issuance by the Yuba County Community Services Department, Environmental Health Division (also the Sutter County LEA) on 13 March 2015, with concurrence by CalRecycle granted on 27 March 2015 (SWFP No. 51-AA-0008). Changes to any solid waste facility permitted acreage, layout, nature and quantity of waste materials received by the facility, changes to facility capacity, changes to facility traffic, and similar operational attributes for a LVTS must first be set forth in detail within an updated TPR submitted to the LEA, thence to CalRecycle for amended permit concurrence.

In compliance with the requirements of CEQA, a Mitigated Negative Declaration was prepared for the UP 12-01 project (EA 12-02), which was routed to the State Office of Planning and Research, State Clearinghouse and Planning Unit (SCH# 2014052082). The public review period for this Mitigated Negative Declaration began on May 23, 2014 and closed on June 25, 2014. A Subsequent IS/MND was prepared for UP 17-05 (EA 17-10). This Subsequent IS/MND was routed again to the State Office of Planning and Research, State Clearinghouse and Planning Unit (SCH# 2014052082). The public review period closed on November 6, 2018. City staff received several responses from agencies, and a concerned citizens group represented as “Stop the Dump.” All comments and concerns were addressed and mitigated in EA 17-10.

MODIFIED PROJECT SUMMARY:

Provided below is the applicant’s evaluation of the criteria which may be required by Yuba City in order to approve the use permit modification.

This proposal is intended to be consistent with the General Plan.

The property is zoned M-2, Industrial District, which is consistent with the existing General Plan designation of Manufacturing, Processing, and Warehousing. With UP 17-05, the City determined that the M-2 District allows recycling and collection facilities, including a LVTS, subject to the issuance of a Use Permit by the Planning Commission.

The site for the proposed use is adequate in size and shape to accommodate said use, public