Agenda packet — Yuba City City Council, December 19, 2023 (part 1 of 4)

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

AGENDA
DECEMBER 19, 2023

REGULAR MEETING OF THE

SUCCESSOR HOUSING AGENCY AND

CITY COUNCIL

CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING

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

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AGENDA

REGULAR MEETING OF THE

SUCCESSOR HOUSING AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 19, 2023
6:00 P.M. REGULAR MEETING

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

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_uQu0pHQeSGGJHtgJxmzLSg. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

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

1. POST Executive Certificate presented to Chief Brian Baker

2. Retirement Proclamation for Police Officer Robert McMains

3. Retirement Proclamation for Lieutenant Stephan Thornton

4. 50 Year Anniversary for New Adventures Preschool Proclamation Public Communication

5. Appearance of Interested Citizens

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

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

6. Minutes of the December 5, 2023 meeting
Recommendation: Approve the December 5, 2023 meeting minutes

7. Submission of Recertification Application for Tree City USA Designation Recommendation: Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City to continue its designation as a Tree City USA community

8. Amendment to Lease of the Madden House for the Yuba-Sutter Chamber of Commerce Offices
Recommendation: A. Adopt a Resolution approving a fifth amendment to the YubaSutter Chamber of Commerce Lease Agreement dated May 15, 2018, for the use of the Madden House (1300 Franklin Road) B. Authorize the City Manager to sign the amended lease agreement, with approval as to form by the City Attorney

9. Department of Water Resources Tolling and Waiver Agreement Amendment No. 10 Recommendation: Adopt a Resolution authorizing the City Manager to execute the following agreements with the Department of Water Resources regarding the State Water Project Tolling and Waiver Agreement:

10. Presentation of Investment Report – Quarter Ended September 30, 2023 Recommendation: Note & File Quarterly Investment Report

11. City Water Service Connection - Surinder Gurcha and Kulwant Gurcha for property at 2618 Railroad Ave
Recommendation: Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 2618 Railroad Avenue for connection to City water service following approval as to legal form by the City Attorney

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12. Appointment to City of Yuba City Personnel Board
Recommendation: Approve the City Council Screening Committee Recommendation for one (1) Appointment to the Personnel Board

13. City of Yuba City Advisory Board Appointment List
Recommendation: Note and File the 2023 Local Appointment List and Direct Staff to post on the City’s website

14. Domain Estates Phase 3 Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Domain Estates Phase 3
Subdivision Agreement with Crowne Communities Domain
Estates LLC, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located west of Blevin Road and north of Janice Way]

15. Local Roadway Safety Plan (LRSP) Adoption
Recommendation: Adopt a Resolution adopting the Local Roadway Safety Plan

16. 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

17. 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

18. 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

19. 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

20. Successor Housing Agency Sale of 1035 Oakwood Drive to Menva Abelian and Allison Abelian
Recommendation: Adopt a Resolution that:

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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

21. 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
Business Items

22. 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

23. Sutter Butte Flood Control Agency (SBFCA) - Consideration of the Sutter Butte Basin Regional Levee Improvement Program Levee Development Impact Nexus Fee Study
Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution of the City Council of the City of Yuba City approving the Sutter Butte Basin Regional Levee Program Development Impact Fee Nexus Study

24. Sutter Butte Flood Control Agency (SBFCA) Regional Levee Improvement Development Impact Fee Ordinance and Collection Agreement Recommendation: A. Conduct a Public Hearing; and
B. Introduce an Ordinance of the City Council of the City of Yuba City amending Title 8 of the Yuba City Municipal Code by establishing a new Chapter 11, the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee and
procedures for the collection and transfer of fees to the Sutter Butte Flood Control Agency, and waive the first reading; and C. Adopt a Resolution of the City Council of the City of Yuba City

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adopting the levee program development impact fee to be collected for authorized development per the Ordinance; and D. Adopt a Resolution of the City Council of the City of Yuba City delegating authority to the City Manager to execute the Collection Agreement, substantially in the form attached, with the Sutter Butte Flood Control Agency, the Counties of Butte and Sutter and the Cities of Biggs, Gridley, Live Oak and Yuba City

25. Bains-Butte House - General Plan Amendment 23-03, Rezone 23-03, and Environmental Assessment 23-06
Recommendation: A. Conduct a Public Hearing, and
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment 23-06 by adopting a
Mitigated Negative Declaration and approve General Plan Amendment (GPA) 23-03 re-designating 0.32-acres Low-Medium Density Residential (MDR) land use designation to the MediumHigh Density Residential (HDR) designation for the Bains – Butte House project, located on the northeast corner of Butte House Road and Blevin Road (Assessor’s Parcel Number (APN) 059-020-013) C. Introduce an Ordinance of the City Council of the City of Yuba City approving Rezone (RZ) 23-03 rezoning 0.32 acres from the Two-Family Residential (R-2) Zone District to the Multiple-Family Residential (R-3) Zone District, for the Bains – Butte House project, located on the northeast corner of Butte House Road and Blevin Road (Assessor’s Parcel Number (APN) 059-020-013), by title only and waive the first reading

26. Annual Report from the Downtown Yuba City Business Improvement District and Proposed Levy of Annual Assessment for 2024
Recommendation: A. Adopt a Resolution Accepting and Approving the 2023-2024 Annual Report of the Downtown Yuba City Business
Improvement District
B. Adopt a Resolution of Intention to Levy and Collect 2024 Annual Assessments and set a Public Hearing for January 16, 2024

27. Public Hearing No. 2 for Updating of City Councilmember District Boundaries for Annexed Property
Recommendation: Conduct a Public Hearing to receive public input on district boundaries to account for property annexed to the City

28. Appointments to City Council Regional Boards and Committees Recommendation: Approve the City Council Assignments to Regional Boards and Committees for Calendar Year 2024
Future Agenda Items

29. Future Agenda Items
Reports and Communications

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The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda

30. City Manager's Report

31. City Council Reports
Adjournment

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THE CALIFORNIA COMMISSION ON

POLICE OFFICER STANDARDS AND TRAINING

EXECUTIVE CERTIFICATE
The POST Executive Certificate
will be presented by
POST Law Enforcement Consultant Marty Picone

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Proclamation
of the City Council
Robert McMains
Police Officer
In Recognition of your Retirement
WHEREAS, Robert McMains started his law enforcement career as a Police Officer with the City of Gridley on August 1, 2004 and on November 25, 2006 he was hired as a Police Officer by the City of Yuba City; and
WHEREAS, he has held the positions of Police Patrol Officer and School Resource Officer; and
WHEREAS, he has been recognized with numerous awards and commendations for his dedication to duty and professional performance; and
WHEREAS, Officer McMains has served as an example of a team player in his capacity as an employee of the City of Yuba City. Robert has received three Chief’s Unit of the Year Awards, two Police Unit Commendation Ribbons, a Police Fitness Ribbon, and a Division Commander Letter of Recognition; and
WHEREAS, Officer McMains took an oath when he was hired to, “Preserve, Protect and Defend the Constitution,” an oath he never broke; and
WHEREAS, Officer McMains kept faith with the public he so honorably served for more than 19 years.

NOW, THEREFORE, LET IT BE RESOLVED, that I, Shon Harris, Mayor of the City of Yuba City, on behalf of the entire Council and citizens we serve, do hereby congratulate Officer Robert McMains on the occasion of his honorable retirement effective December 30, 2023. We wish Officer McMains, the very best in his future.

Done on this 19th day of December 2023 in the City of Yuba City, County of Sutter, State of California.

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Proclamation
of the City Council
Stephan Thornton
Police Lieutenant
In Recognition of your Retirement
WHEREAS, Stephan Thornton was hired as a Police Officer by the City of Yuba City on March 25th, 1989; and
WHEREAS, he has held the positions of Police Officer, Police Sergeant, and Police Lieutenant; and
WHEREAS, he has been recognized with numerous awards and commendations for his exemplary professional performance including letters of appreciation from the public, peers, and supervisors; and
WHEREAS, early in his career Stephan Thornton was instrumental in the implementation of the Police Canine program; a program that continues to be a tremendous resource. More recently, he advocated for and initiated both the Critical Incident Stress Management program and the Wellness program within the Yuba City Police Department; and WHEREAS, Lieutenant Thornton has served as an example of a leader, and a team player in his capacity as an employee of the City of Yuba City. Stephan has received five Chief’s Unit of the Year Awards, three Police Achievement Ribbons, two Police Fitness Ribbons, a Police Commendation Medal, a Unit Commendation with “V” Device Ribbon, and the Department Medal of Valor; and
WHEREAS, Lieutenant Thornton took an oath when he was hired to, “Preserve, Protect and Defend the Constitution,” an oath he never broke; and
WHEREAS, Lieutenant Thornton kept faith with the public he so honorably served for more than 34 years.

NOW, THEREFORE, LET IT BE RESOLVED, that I, Shon Harris, Mayor of the City of Yuba City, on behalf of the entire Council and citizens we serve, do hereby congratulate Lieutenant Stephan Thornton on the occasion of his honorable retirement effective December 30, 2023. We wish Lieutenant Thornton, the very best in his future.

Done on this 19th day of December 2023 in the City of Yuba City, County of Sutter, State of California.

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Proclamation
of the City Council
50 Year Anniversary for
New Adventures Preschool
Proclamation
Proclamation to be presented at the Council Meeting

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

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

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

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

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

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

Jackie Sillman, City Clerk
[email protected]

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Agenda Item 6

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: Minutes of the December 5, 2023 meeting
Recommendation: Approve the December 5, 2023 meeting minutes Fiscal Impact: None
Attachments:

1. 12.05.2023 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

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ATTACHMENT 1

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MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 5, 2023
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
Call to Order
The Regular Meeting of the City Council called to order by Mayor Kirchner at 6:01 PM Roll Call

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

Absent: None
Invocation/Inspiration
Ron Fortenberry, Yuba City Police Department Chaplain
Posting of the Colors
Joint YCPD & YCFD Color Guard
Pledge of Allegiance to the Flag
Mayor Kirchner
Public Communication

1. Appearance of Interested Citizens
No public comment
Consent Calendar
Lawrence Mertz spoke
Councilmember Shaw moved and Councilmember Pasquale seconded the motion to:

2. Minutes from the November 7 and 28, 2023 meetings
Approve the minutes from the November 7 and 28, 2023 meetings

3. Yuba City Police Officers' Association (POA) Memorandum of Understanding (MOU)

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Adopt Resolution 23-154:

A. Approving the Memorandum of Understanding with Yuba City Police Officers' Association
B. Authorizing the Finance Director to amend the salary schedule C. Authorizing the Finance Director to prepare supplemental appropriations in the amount of $321,447

4. Police First Level Managers (PFLM) Memorandum of Understanding (MOU) Adopt Resolution 23-155 approving the Memorandum of Understanding with Police First Level Managers

5. Emergency Purchase of One (1) BME Targhee Standard Model 34 Type 3 Engine
Adopt Resolution 23-156 by finding that it is in the best interest of the City to:

A. Award the purchase of one (1) BME Targhee Standard Model 34 to Golden State Apparatus of Sacramento, CA, in the not-to- exceed amount of $509,448 for the complete body and chassis, and
B. Authorizing the purchase of necessary equipment and decals to place the vehicle in service, estimated at $50,000, and
C. Authorize the Finance Director to make a supplemental appropriation of $135,000 in the Vehicle Replacement Fund
The motion was passed with a unanimous vote
Presentations

6. Presentations to Outgoing Mayor Kirchner
Vice-Mayor Shon Harris presented Mayor Kirchner with a proclamation and ceremonial gavel David Morgan presented Mayor Kirchner with a Congressional Certificate from Congressman LaMalfa and a Joint Certificate of Recognition from Senator Niello & Assemblyman Gallagher

7. Comments from Outgoing Mayor Kirchner
Mayor Kirchner spoke

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Business from the City Council

8. Ceremonial Nomination of Mayor
Councilmember Shaw moved and Councilmember Boomgaarden seconded the motion to:

Elect Shon Harris as Mayor
The motion was passed with a unanimous vote
Mayor Harris spoke

9. Ceremonial Nomination of Vice Mayor
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Elect Dave Shaw as Vice-Mayor
The motion was passed with a unanimous vote
Reports and Communications

10. Comments from Councilmembers
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned the Regular Meeting of the City Council at 6:47 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

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Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Ann Gillen, Community Services Director Summary
Subject: Submission of Recertification Application for Tree City USA Designation Recommendation: Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City to continue its designation as a Tree City USA community
Fiscal Impact: No cost to the City for recertification application. Designation is based in part on the City’s community forestry expenditures
Purpose:

To recognize the City’s ongoing efforts to expand and maintain the City’s urban forest.

Council's Strategic Goal:

This item supports Council’s Goal to maintain and enhance our quality of life.

Background:

For the past twenty-four (24) years, the City of Yuba City has earned the designation of a Tree City USA community by meeting the following criteria: 1) Conducting an annual Arbor Day observance; 2) Spending at least $2.00 per capita on tree-related programs; 3) Having a tree ordinance, and; 4) Having a tree advisory board, which is the Parks & Recreation Commission. The Tree City USA designation recognizes the City’s long-term dedication to improving the quality of life for the residents through its planning and maintenance standards.

Analysis:

The City’s efforts to expand and maintain its urban forest remain ongoing and staff would like to ensure that the organization’s efforts continue to be recognized. The Parks Division maintains approximately 1,228 trees in our parks and facilities and 10,750 City street trees. Staff is requesting authorization from Council to adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation in Nebraska City, Nebraska, for consideration of the City continuing its designation as a Tree City USA community. Communities who have received the designation must apply for recertification on an annual basis to maintain their Tree City USA designation.

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Fiscal Impact:

There is no cost to the City to submit the recertification request. Selection as a Tree City USA community is based on the annual expenditure for tree-related programs and services within a community that includes labor costs, tree purchases and tree maintenance throughout our City parks and Landscape Maintenance Districts. In 2023, Yuba City spent a total of $320,000.00 on community forestry expenditures.

Alternatives:

Do not request recertification.

Recommendation:

Adopt a Resolution authorizing the City to apply for recertification to the National Arbor Day Foundation for consideration of the City continuing its designation as a Tree City USA community.

Attachments:

1. Resolution
Prepared By: Submitted By:

Maddy Laffond
Administrative Assistant
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _____________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE

NATIONAL ARBOR DAY FOUNDATION FOR CONSIDERATION OF

YUBA CITY BEING DESIGNATED A TREE CITY USA COMMUNITY
WHEREAS, trees play an important role in the quality of life of a community in providing needed shade and cooling, aesthetic beauty, and increased property values; and WHEREAS, the planting of trees today allows us to pass along a legacy of community and environmental awareness to future generations; and
WHEREAS, the City of Yuba City has made a significant policy statement regarding the important role trees play in the development and redevelopment of public and private property within the City, as exhibited by the Town Center project, the requirement for landscape maintenance districts, 50% shade requirement on all parking lots, including access areas within 15 years of the tree being planted, and the continued introduction of upcoming residential developments; and
WHEREAS, the City of Yuba City was designated a Tree City USA community for 1999 through 2022 by the National Arbor Day Foundation; and
WHEREAS, Tree City USA communities must apply for re-certification on an annual basis to maintain their designation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City does hereby authorize the City staff to apply for re-certification to the National Arbor Day Foundation for their consideration of Yuba City continuing to be designated as a Tree City USA community for the year 2023.

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

AYES:

NOES:

ABSENT:

ATTEST: _____________________________
Shon Harris, Mayor
____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

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________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

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Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Amendment to Lease of the Madden House for the Yuba-Sutter Chamber of Commerce Offices
Recommendation: A. Adopt a Resolution approving a fifth amendment to the Yuba-Sutter Chamber of Commerce Lease Agreement dated May 15, 2018, for the use of the Madden House (1300 Franklin Road)
B. Authorize the City Manager to sign the amended lease agreement, with approval as to form by the City Attorney
Fiscal Impact: Loss of $12,000 in lease revenue which will be offset by the $12,000 cost of a Champion Circle Sponsorship with the Yuba-Sutter Chamber of Commerce Purpose:

Amend the Lease Agreement of the Madden House to the Yuba-Sutter Chamber of Commerce (Chamber) to reduce the rent by $12,000 in exchange for participation as a Champion Circle sponsor and extend the lease through December 31, 2024 with a rent payment amount of $550 per month.

Council's Strategic Goal:

This item meets Council's goal of Business Friendly as participation in the Chamber as a Champion Circle sponsor contributes towards the Chamber's initiatives, programs, and projects that build a better business community.

Background:

Built in 1879, the Madden/Littlejohn House (House) was restored and gifted to the City as part of the WinCo development in 1997. As part of this gift, the property is limited in its uses for either community or public purposes. The House has been used primarily as offices for government agencies and other community uses including the Chamber from 2011 to 2106 and 2018 to current.

In 2016, the City Council approved a lease-to-own agreement with the Chamber, where the Chamber would pay $1 a year in rent and $500 a month toward a capital improvement fund, capped at $30,000 and pay for maintenance and utilities for the facility. The purchase option would be available in 2030.

At that time, the Chamber paid $9,000 a year in lease payments and the City paid for maintenance

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and utilities, not including staff time, of approximately $9,000.

Between 2016 and 2018, the Chamber vacated the Madden House and moved to a location in Marysville. In 2018, the Chamber signed a new Lease Agreement (Lease) with the City for the use of the Madden House, with a lease payment paid monthly by the Chamber. The revenue received from the Chamber lease payment is used to offset the cost of staff time for managing facility maintenance and to provide funds for capital improvement projects for the historical building.

May 2018 Lease Agreement
The terms of the 2018 Lease are as follows:
• $1 for the 1st year of the lease (June 2018-May 2019) • $1,250 per month for the 2nd year of the lease (June 2019-May 2020) • $1,350 per month for the 3rd year of the lease (June 2020-May 2021) • $1,450 per month for the 4th year of the lease (June 2021-May 2022) • $1,550 per month for the 5th year of the lease (June 2022-May 2023) In exchange for the first-year discounted lease amount, the City received sponsorships and partner recognition at Chamber events and on their website.

In order to assist the Chamber during the COVID-19 Pandemic, and at the request of the Chamber for extended relief, the City Council authorized a series of amendments to the Lease. The First Amendment, dated April 21, 2020 (First Amendment) reduced the rent due for a six-month period from May through October 2020. The Second Amendment, dated October 6, 2020 (Second Amendment) extended the reduction in the rent due through May 2021. The Third Amendment, dated May 5, 2021 (Third Amendment) extended the reduction in the rent due through November 2021, at which time the lease reverted to the original terms of Year 4 of the Lease. In exchange for the reduction in rent, the Chamber recognized the City as a "Champions Circle" sponsor, which represents a special group of businesses and individuals who have made a significant annual financial investment in support of the Chamber. As a Champions Circle sponsor, the City receives recognition as a sponsor of the Chamber's Annual Gala, Taste of Yuba-Sutter, Small Business Vendor Fair, Business Connection Breakfast, and Chamber Membership. The Fourth Amendment, dated December 20, 2022, continued the reduction in rent in exchange for recognition as a "Champions Circle" sponsor.

The City has been a long-time supporter of the Chamber, through annual membership, sponsorships for various events such as the Taste of Yuba Sutter and annual Gala, participation in Business Connection Breakfasts, and recognition of new businesses. The previously approved lease amendments that reduced the rent and provided the City with recognition as a Champion Circle sponsor provided the City with an opportunity for more visibility in the business community. With one of City Council's goals being Business Friendly, it is important to have positive exposure and be accessible to the business community.

Analysis:

A Champion Circle Sponsorship includes the following:
• Annual Gala
• Taste of Yuba Sutter
• Small Business Vendor Fair
• Business Connection Breakfast
• Chamber Membership

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Staff recommends the execution of a fifth lease amendment to reduce the Chamber's rent by the amount equivalent to a Champion Circle Sponsorship, $12,000, in exchange for recognition as a Champion Circle Sponsor, effective January 1, 2024. In addition, staff recommends extending the lease through December 31, 2024 to align the lease with the calendar year, and charging a rent payment of $550 per month.

Fiscal Impact:

The reduction in rent will result in a loss of $12,000 to the General Fund. Those funds, or at least a portion of those funds, have been historically used to offset ongoing maintenance costs for the Madden House. Table 1 provides a six-year history of maintenance costs. However, as the City participates in a lot of the events that are included in the Champions Circle sponsorship, the reduction will be offset by the amount the City pays for participation in those events.

Table 1: Six-Year History of Maintenance Costs of the Madden House Fiscal Year Maintenance Expenditures
2017/2018 $3,237.24
2018/2019 $8,926.46
2019/2020 $10,589.79
2020/2021 $11,996.78
2021/2022 $22,502.07
2022/2023 $15,088.45
2023/2024 Year-to-Date $15,321.47
As the home is over 140 years old, it requires significant ongoing maintenance. Capital projects for future consideration include roof replacement and painting of the building, inside and out. .

Alternatives:

Do not amend the Lease and continue with the current terms.

Recommendation:

A. Adopt a Resolution approving a fifth amendment to the Yuba-Sutter Chamber of Commerce Lease Agreement dated May 15, 2018, for the use of the Madden House (1300 Franklin Road) B. Authorize the City Manager to sign the amended lease agreement, with approval as to form by the City Attorney
Attachments:

1. RESOLUTION - Fifth Lease Amendment (Madden House)

2. Fifth Amendment - Chamber Lease - Madden House

3. Chamber Lease Agreement with Amendments 1-4
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING A FIFTH AMENDMENT TO THE YUBA-SUTTER CHAMBER OF COMMERCE LEASE AGREEMENT DATED MAY 15, 2018 FOR THE USE OF THE MADDEN HOUSE (1300 FRANKLIN ROAD)
WHEREAS, on May 15, 2018, the City Council of the City of Yuba City entered into a Lease Agreement for the property known at the Madden House located at 1300 Franklin Road in Yuba City; and WHEREAS, the Yuba-Sutter Chamber of Commerce has been a good tenant and steward of the Madden House property by supporting and partnering with local businesses since 2018; and WHEREAS, beginning in 2020, COVID-19 restrictions began to cause significant financial distress for businesses throughout the Yuba Sutter Region and continue to have a considerable impact on our community; and
WHEREAS, the City Council recognized the impacts to the business community and consistent with the Governor’s Executive Order N-28-20 and N-37-20, provided extended relief to its tenant, the Yuba-Sutter Chamber of Commerce, by reducing the rent and being recognized as a Champion Circle Sponsor; and WHEREAS, the City Council recognizes that being a Champion Circle Sponsor supports their goal of being Business Friendly as it provides the City with more visibility in the business community, positive exposure, and increased accessibility to the business community through participation in various Chamber events.

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

The City Council approves the Fifth Amendment to Lease Agreement with the Yuba-Chamber of Commerce, attached hereto as Exhibit A, and authorizes the City Manager to execute on behalf of the City of Yuba City. The City Manager is authorized to make any non-material, technical, and clerical edits and corrections to the agreement subject to approval as to form by City Attorney.

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

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APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment:

Fifth Amendment to Lease Agreement for the 2018 Lease Madden House, 1300 Franklin Road, Yuba City California

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ATTACHMENT 2

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FIFTH AMENDMENT TO LEASE
Madden House, 1300 Franklin Road, Yuba City, California THIS FIFTH AMENDMENT TO THIS LEASE ("First Amendment") is made and entered into on December 19, 2023 by and between THE CITY OF YUBA CITY ("City"), and the Yuba-Sutter CHAMBER OF COMMERCE ("Chamber").

RECITALS
A. The City entered into a “Lease: Madden House, 1300 Franklin Road, Yuba City, California” (“Lease”) with the Chamber of Commerce dated March 15, 2018, for the lease of property by the Chamber known as the Madden House. A copy of the Lease is attached as Exhibit A.

B. The Chamber is a nonprofit corporation of voluntary membership, established to market the Yuba-Sutter area as the area of choice in which to live and do business by attracting, assisting, retaining and promoting its members. The Chamber promotes its members in a variety of ways, including referrals, ribbon-cutting ceremonies, its website, advertising, direct mail and sponsorship opportunities, various events throughout the year, and more.

C. The City Council of the City of Yuba City has authorized a series of amendments to the Lease. The First Amendment To Lease dated April 21, 2020, reduced the Rent due for a sixmonth period from May through October, 2020. The Second Amendment to Lease dated October 6, 2020, further reduced the Rent from November of 2020 through May of 2021. The Third Amendment to Lease dated May 5, 2021, further reduced the Rent from May to December, 2021.

The Fourth Amendment to Lease dated December 20, 2022, reduced the Rent for 2023 in exchange for a Champion’s Circle membership. Copies of the Amendments are available from the City Clerk.

D. In exchange for recognition as a Champion Circle Sponsor in 2024, the City Council of the City of Yuba City has authorized an amendment to the Lease, and the parties desire to amend the Lease accordingly as set forth in this Fifth Amendment.

AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Chamber agree as follows:

1. Section 4 of the Lease is amended to read in entirety as follows (additions delineated in underline, deletions in strike through):

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$1,350 per month for the third year of the Lease.
$1,450 per month for the fourth year of the Lease.
$1,550 per month for the fifth year of the Lease. $550 per month beginning December January 1, 2022 2024 through December 31, 2023 2024.

In exchange for the generous first year lease amount reduction in rent beginning December 1, 2022 through December 31, 2023 January 1, 2024 through December 31, 2024 , the Chamber will provide the City with the following:
• Recognition as a Champion Circle Sponsor including:
o Annual Gala ($1,400 value)
o Taste of Yuba-Sutter ($1,300 value)
o Small Business Vendor Fair (3 @ $1,000 each)
o Business Connection Breakfast ($1,300 value)
o Chamber Membership ($5,000 value)
• Sponsorship rights and recognition at the 2018 Taste of Yuba Sutter event with no cost entry for 8
• One table sponsorship for 8 at the 2019 Annual Chamber Gala and related recognition.
• Sponsor recognition at each Business Connection Breakfasts for 12 months • Recognition on the Chamber website as a partner/sponsor • Other sponsor recognition opportunities as they arise in the first 12 months of the lease
The Chamber will also provide the City with these benefits (adjusted for the fiscal year), including any other benefits granted to other members of the “Champions Circle,” for a 12-month period commencing May 1, 2020December 1, 2022 January 1, 2024, in exchange for reduced rent during the Reduction Period through December 31, 2023 2024. The parties recognize that some of the events listed above may be delayed during the pendency of the current state of emergency, and if so, the Chamber will notify the City and then provide the equivalent level of benefit for any rescheduled event, even if rescheduled after the 12-month period. For example, since the 2020 Taste of Yuba Sutter was canceled, the Chamber shall notify the City and provide sponsorship rights and recognition at the next Taste of Yuba Sutter event with no cost entry for 8,

2. Incorporated Provisions. A copy of the Lease is attached hereto as Exhibit “A,” and, except as otherwise amended in this Fifth Amendment, is incorporated as though set forth in full herein.

3. Full Force and Effect. Except as expressly provided in this Fifth Amendment, all other terms and conditions of the Lease shall remain in full force and effect.

In WITNESS WHEREOF, City and Chamber have executed this Fifth Amendment effective December 19, 2023.

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City of Yuba City
________________________________
By: Diana Langley, City Manager

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
______________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Yuba Sutter Chamber of Commerce
________________________________
By: Janell Willis, CEO

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ATTACHMENT 3

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SECOND AMENDMENT TO LEASE
Madden House, 1300 Franklin Road, Yuba City, California THIS FIRST AMENDMENT TO THIS LEASE ("First Amendment") is made and entered into on October 6, 2020 by and between THE CITY OF YUBA CITY ("City"), and the Yuba-Sutter CHAMBER OF COMMERCE ("Chamber").

C. In order to assist the Commerce during the COVID-19 Pandemic, and at the request of the Chamber for relief, the City Council of the City of Yuba City has authorized an amendment to the Lease, and the parties desire to amend the Lease accordingly as set forth in this First Amendment.

AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Chamber agree as follows:

1. Section 4 of the Lease is amended to read in entirety as follows (additions delineated in underline, deletions in strike through):

4. Rent. Chamber shall pay rent in advance, on a monthly basis on or before the first day of the calendar month commencing on June 1, 2018. The monthly rent (“Rent”) will be as follows:
$1 for the first year of the Lease.
$1,250 per month for the second year of the Lease.
$1,350 per month for the third year of the Lease. Rent due for the period from November 2020 through May 2021 (“Reduction Period”), shall be reduced to $1 per month.
$1,450 per month for the fourth year of the Lease.
$1,550 per month for the fifth year of the Lease.

In exchange for the generous first year lease amount, the Chamber will provide the City with the following:
• Sponsorship rights and recognition at the 2018 Taste of Yuba Sutter event

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with no cost entry for 8
• One table sponsorship for 8 at the 2019 Annual Chamber Gala and related recognition.
• Sponsor recognition at each Business Connection Breakfasts for 12 months • Recognition on the Chamber website as a partner/sponsor • Other sponsor recognition opportunities as they arise in the first 12 months of the lease
The Chamber will also provide the City with these benefits (adjusted for the fiscal year), including any other benefits granted to other members of the “Champions Circle,” for a 12-month period commencing May 1, 2020, in exchange for reduced rent during the Reduction Period. The parties recognize that some of the events listed above may be delayed during the pendency of the current state of emergency, and if so, the Chamber will notify the City and then provide the equivalent level of benefit for any rescheduled event, even if rescheduled after the 12-month period. For example, since the 2020 Taste of Yuba Sutter was canceled, the Chamber shall notify the City and provide sponsorship rights and recognition at the next Taste of Yuba Sutter event with no cost entry for 8,

2. Incorporated Provisions. A copy of the Lease is attached hereto as Exhibit “A,” and, except as otherwise amended in this First Amendment, is incorporated as though set forth in full herein.

3. Full Force and Effect. Except as expressly provided in this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect.

In WITNESS WHEREOF, City and Chamber have executed this First Amendment effective November 1, 2020.

City of Yuba City
________________________________
By: Diana Langley, Interim City Manager

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
______________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Yuba Sutter Chamber of Commerce
________________________________
By: Marni Sanders, CEO

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01248.0001/713705.1

THIRD AMENDMENT TO LEASE
Madden House, 1300 Franklin Road, Yuba City,
California
THIS THIRD AMENDMENT TO THIS LEASE ("Third Amendment") is made and entered into on May 5, 2021 by and between THE CITY OF YUBA CITY ("City"), and the Yuba-Sutter CHAMBER OF COMMERCE ("Chamber").

C. In order to assist the Chamber during the COVID-19 Pandemic, and at the request of the Chamber for extended relief, the City Council of the City of Yuba City has authorized a series of amendments to the Lease. The First Amendment To Lease dated April 21, 2020 (“First Amendment”) reduced the Rent due for a six-month period from May through October, 2020. A copy of the First Amendment is attached as Exhibit B. The Second Amendment to Lease dated October 6, 2020 (“Second Amendment”) further reduced the Rent from November of 2020 through May of 2021. A copy of the Second Amendment is attached as Exhibit C.

D. At the further request of the Chamber, the Parties now desire to enter into a Third Amendment to Lease, to further amend the Lease as amended to date.

AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Chamber agree as follows:

1. Section 4 of the Lease, as currently amended, is further amended to read in entirety as follows:

4. Rent. Chamber shall pay rent in advance, on a monthly basis on or before the first day of the calendar month commencing on June 1, 2018. The monthly rent (“Rent”) will be as follows:
$1 for the first year of the Lease.
$1,250 per month for the second year of the Lease.
$1,350 per month for the third year of the Lease. Rent due for the period from October May 2020 through November December 2021 (“Reduction Period”), shall be reduced to $1 per month.

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01248.0001/713705.1
$1,450 per month for the fourth year of the Lease.
$1,550 per month for the fifth year of the Lease.

In exchange for the generous first year lease amount, the Chamber will provide the City with the following:
 Sponsorship rights and recognition at the 2018 Taste of Yuba Sutter event with no cost entry for 8.
 One table sponsorship for 8 at the 2019 Annual Chamber Gala and related recognition.
 Sponsor recognition at each Business Connection Breakfasts for 12 months.  Recognition on the Chamber website as a partner/sponsor.  Other sponsor recognition opportunities as they arise in the first 12 months of the lease.

The Chamber will also provide the City with these benefits (adjusted for the fiscal year), including any other benefits granted to other members of the “Champions Circle,” for a 12-month 18-month period commencing May 1, 2020, in exchange for reduced rent during the Reduction Period. The parties recognize that some of the events listed above may be delayed during the pendency of the current state of emergency, and if so, the Chamber will notify the City and then provide the equivalent level of benefit for any rescheduled event, even if rescheduled after the 12-month 18-month period. For example, since the 2020 Taste of Yuba Sutter was canceled, the Chamber shall notify the City and provide sponsorship rights and recognition at the next Taste of Yuba Sutter event with no cost entry for 8.

2. Incorporated Provisions. A copy of the Lease is attached hereto as Exhibit “A,” and, except as otherwise amended in this First Amendment, is incorporated as though set forth in full herein.

3. Full Force and Effect. Except as expressly provided in this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect. [SIGNATURES ON NEXT PAGE]

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01248.0001/713705.1
In WITNESS WHEREOF, City and Chamber have executed this First Amendment effective May 5, 2021.

City of Yuba City
By: Dave Vaughn, City Manager

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Yuba Sutter Chamber of Commerce
By: Marni Sanders, CEO
Exhibit A: Lease
Exhibit B: First Amendment to Lease
Exhibit C: Second Amendment to Lease

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FOURTH AMENDMENT TO LEASE
Madden House, 1300 Franklin Road, Yuba City, California THIS FOURTH AMENDMENT TO THIS LEASE ("First Amendment") is made and entered into on December 20, 2022 by and between THE CITY OF YUBA CITY ("City"), and the Yuba-Sutter CHAMBER OF COMMERCE ("Chamber").

Copies of the Amendments are available from the City Clerk.

D. In exchange for recognition as a Champion Circle Sponsor, the City Council of the City of Yuba City has authorized an amendment to the Lease, and the parties desire to amend the Lease accordingly as set forth in this Fourth Amendment.

AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Chamber agree as follows:

1. Section 4 of the Lease is amended to read in entirety as follows (additions delineated in underline, deletions in strike through):

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$1,450 per month for the fourth year of the Lease.
$1,550 per month for the fifth year of the Lease. $550 per month beginning December 1, 2022 through December 31, 2023.

In exchange for the generous first year lease amount reduction in rent beginning December 1, 2022 through December 31, 2023 , the Chamber will provide the City with the following:
• Recognition as a Champion Circle Sponsor including:
o Annual Gala ($1,400 value)
o Taste of Yuba-Sutter ($1,300 value)
o Small Business Vendor Fair (3 @ $1,000 each)
o Business Connection Breakfast ($1,300 value)
o Chamber Membership ($5,000 value)
• Sponsorship rights and recognition at the 2018 Taste of Yuba Sutter event with no cost entry for 8
• One table sponsorship for 8 at the 2019 Annual Chamber Gala and related recognition.
• Sponsor recognition at each Business Connection Breakfasts for 12 months • Recognition on the Chamber website as a partner/sponsor • Other sponsor recognition opportunities as they arise in the first 12 months of the lease
The Chamber will also provide the City with these benefits (adjusted for the fiscal year), including any other benefits granted to other members of the “Champions Circle,” for a 12-month period commencing May 1, 2020December 1, 2022, in exchange for reduced rent during the Reduction Period through December 31, 2023.

The parties recognize that some of the events listed above may be delayed during the pendency of the current state of emergency, and if so, the Chamber will notify the City and then provide the equivalent level of benefit for any rescheduled event, even if rescheduled after the 12-month period. For example, since the 2020 Taste of Yuba Sutter was canceled, the Chamber shall notify the City and provide sponsorship rights and recognition at the next Taste of Yuba Sutter event with no cost entry for 8,

2. Incorporated Provisions. A copy of the Lease is attached hereto as Exhibit “A,” and, except as otherwise amended in this Fourth Amendment, is incorporated as though set forth in full herein.

3. Full Force and Effect. Except as expressly provided in this Fourth Amendment, all other terms and conditions of the Lease shall remain in full force and effect.

In WITNESS WHEREOF, City and Chamber have executed this Fourth Amendment effective December 20, 2022.

City of Yuba City

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________________________________
By: Diana Langley, City Manager

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
______________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Yuba Sutter Chamber of Commerce
________________________________
By: Marni Sanders, CEO

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Agenda Item 9

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: Department of Water Resources Tolling and Waiver Agreement Amendment No. 10 Recommendation: Adopt a Resolution authorizing the City Manager to execute the following agreements with the Department of Water Resources regarding the State Water Project Tolling and Waiver Agreement:

A. Tenth Amendment to Tolling and Waiver Agreement between the California Department of Water Resources and City of Yuba City, extending the tolling period expiration date to June 1, 2026
B. Any further amendments to the Tolling and Waiver Agreement, subject to approval by the City’s water attorney
Fiscal Impact: None at this time. Future claims and billing issues resolved by the contract provisions may impact the City
Purpose:

To extend the Department of Water Resources Tolling and Waiver Agreement, which provides for informal resolution of claims and billing issues associated with the State Water Project (SWP).

Council’s Strategic Goal:

This item addresses Council’s Strategic Goals of Public Safety and Fiscal Responsibility by ensuring long-term, adequate water supply for the City’s utilities customers at equitable cost.

Background:

The SWP is one of the City’s four different Feather River surface water permits/contracts, an agreement with the Department of Water Resources (DWR) which is in place through December 2085.

In order to facilitate efficient and fair resolution of billing issues and other claims between the SWP contracted agencies and DWR, the SWP entered into a Tolling and Waiver Agreement (Agreement) in May 2007. This allows for the parties to resolve the majority of disputes through informal means, rather than needing to resort to costly and time-intensive formal protest procedures and legal actions.

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Analysis:

The tolling period established by Amendment No. 9 to the prime Agreement expires on December 31, 2023. In order to extend the tolling period and continue to utilize good faith discussions to resolve claims, the City and other SWP agencies will need to execute Amendment No. 10 (Exhibit 1A). This will extend the tolling period through June 1, 2026.

The City’s water attorney, Aaron Ferguson of Somach Simmons & Dunn, has reviewed Amendment No. 10 to verify its acceptability and benefit to the City.

Fiscal Impact:

While there are no immediate fiscal impacts with this action, any claims or billing disputes regarding the State Water Project will likely be resolved through the methods established in the contract provisions.

Alternatives:

Do not execute the Amendment and allow the tolling period to expire on December 31, 2023. Without the Tolling and Waiver Agreement, the City will be required to follow the formal protest procedure and/or take legal action for any billing disputes or claims.

Recommendation:

Adopt a Resolution authorizing the City Manager to execute the following agreements with the Department of Water Resources regarding the State Water Project Tolling and Waiver Agreement:

A. Tenth Amendment to Tolling and Waiver Agreement between the California Department of Water Resources and City of Yuba City, extending the tolling period expiration date to June 1, 2026.

B. Any further amendments to the Tolling and Waiver Agreement, subject to approval by the City’s water attorney.

Attachments:

1. Resolution - DWR Tolling and Waiver Agreement Amendment No. 10

2. Amendment - DWR Tolling and Waiver Agreement Amendment No. 10 Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 10 (AMENDMENT) TO

TOLLING AND WAIVER AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT

OF WATER RESOURCES AND CITY OF YUBA CITY TO EXTEND THE TOLLING PERIOD FOR CLAIMS AND BILLING ISSUE RESOLUTION TO JUNE 1, 2026 AND

ANY FURTHER AMENDMENTS TO SAID AGREEMENT
WHEREAS, the City of Yuba City primarily obtains water for its water system through surface water from the adjacent Feather River; and
WHEREAS, the City entered into a water supply contract with the State of California Department of Water Resources (DWR) on December 30, 1963 to secure an annual allotment of 9,600 acre-feet of surface water, known as the State Water Project (SWP).

Amendment No. 11 extended the SWP contract through December 2085; and WHEREAS, the DWR and SWP-participating public water agencies entered into a Tolling and Waiver Agreement in May 2007, which provides the means for good-faith negotiations between the parties to resolve claims and billing issues without formal procedures and/or legal actions; and
WHEREAS, the current tolling period established in Amendment No. 9 of said agreement expires on December 31, 2023. DWR has provided Amendment No. 10 to the SWP agencies in order to extend the tolling period through June 1, 2026 and continue the current informal resolution processes; and WHEREAS, the City has determined that the Amendment is beneficial to the City’s longterm water supply and fiscal responsibility, following the recommendation of its water attorney.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that the City Manager is authorized to execute the following agreements with the Department of Water Resources regarding the State Water Project Tolling and Waiver Agreement, which is incorporated herein and attached hereto as Exhibit 1A:

A. Tenth Amendment to Tolling and Waiver Agreement between the California Department of Water Resources and City of Yuba City (Exhibit 1A) B. Any further amendments to the Tolling and Waiver Agreement, subject to approval by the City’s water attorney
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.

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AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibits:

1. Amendment No. 10

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EXHIBIT 1A

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1 TENTH AMENDMENT TO TOLLING AND WAIVER AGREEMENT
This TENTH AMENDMENT TO TOLLING AND WAIVER AGREEMENT (“Tenth Amendment”), which shall be effective as of December 15, 2023 (“Effective Date of Tenth Amendment”), is entered into by and between ________________________________ (“AGENCY”) and the CALIFORNIA DEPARTMENT OF WATER RESOURCES (“DWR” or “The Department”). AGENCY and DWR are referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. In 2007, the Parties entered into a Tolling and Waiver Agreement (“Agreement”), and thereafter entered into the First Amendment with an effective date of December 15, 2007 (“First Amendment”), Second Amendment with an effective date of December 15, 2008 (“Second Amendment”), Third Amendment with an effective date of September 15, 2009 (“Third Amendment”), Fourth Amendment with an effective date of December 15, 2010 (“Fourth Amendment”), Fifth Amendment with an effective date of December 15, 2012 (“Fifth Amendment”), Sixth Amendment with an effective date of December 15, 2015 (“Sixth Amendment”), Seventh Amendment with an effective date of December 15, 2017 (“Seventh Amendment”), Eighth Amendment with an effective date of December 15, 2019 (“Eighth Amendment”, and Ninth Amendment with an effective date of December 15, 2021 (“Ninth Amendment”). Except as otherwise set forth in this Tenth Amendment, capitalized terms have the meanings given to such terms in the Agreement, as amended.

B. Among other things, the Agreement, as currently amended through the Ninth Amendment, tolls the statute of limitations with regard to certain Claims beginning with the Effective Date of the Agreement through and including December 31, 2023. The Claims specified in the Agreement, as amended through the Ninth Amendment, include, with certain exceptions, DWR’s bills to the Contractors for calendar years 2007 through and including 2024, but do not include bills for subsequent years.

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2 C. Thus, in the absence of an amendment to extend the tolling period beyond December 31, 2023, AGENCY will be required to formally protest and/or take other legal action to preserve its rights to pursue Claims under the Agreement, as amended, upon expiration of the tolling period on December 31, 2023. In addition, in the absence of an amendment to the Agreement regarding the SWP bills for 2025 and 2026, AGENCY will be required to formally protest its SWP bills for 2025 and 2026 and/or take other legal action to preserve any claims it may have with respect to such bills.

D. The Parties currently are engaged in good faith discussions concerning a possible resolution of the claims related to the SWP bills issued for calendar years 2007 through and including 2024 and certain other claims related to the State Water Project. In order to facilitate these discussions, the Parties agree that the applicable tolling period for pursuing Claims as set out in the Agreement, as amended, (with the exception of the issues set out in Exhibit 1, Exhibit 2A, Exhibit 2B, Exhibit 2C, Exhibit 2D, and Exhibit 2E) should be extended through June 1, 2026, and that claims related to the SWP bills issued by DWR for 2025 and 2026, including any revisions made on or before June 1, 2026, should also be tolled.

E. The Parties also recognize that there may be issues that they are not able to resolve through good faith discussions and that a Party to this Agreement and/or a Contractor which has entered into a similar, but separate, tolling and waiver agreement with DWR may desire to seek formal dispute resolution or other legal action on such issues before the end of the tolling period on June 1, 2026. Accordingly, the Parties have included procedures in this Agreement, as amended, and DWR has included similar procedures in its tolling and waiver agreements with other Contractors to allow any party (including DWR) to exclude issues from the tolling provisions before the end of the tolling period and to have such exclusion apply to and bind DWR and all other Contractors with tolling and waiver agreements with DWR.

NOW, THEREFORE, AGENCY and DWR, for good and adequate consideration, the sufficiency of which is hereby acknowledged, agree to the following:

TERMS OF TENTH AMENDMENT

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3 1. The text in Paragraph 1(b) of the Agreement, as amended by the Ninth Amendment, is deleted in its entirety and replaced with the following text, shown here in italics:
(b) (i) The term “Claims” is broadly defined to include any and all claims for relief, actions, suits, causes of action, damages, debts, costs, demands, losses, liabilities and obligations of whatever nature, whether legal or equitable, and notices of contest under Article 29(i) of the State Water Contracts (or with regard to Alameda County Water District, Alameda County Flood Control and Water Conservation District, Zone 7 and Santa Clara Valley Water District, notices of contest under Article 29(k) of the State Water Contracts) that arise out of or are related to: (1) the Metropolitan Claim; (2) the use, prior to July 1, 2006, of revenue bond proceeds and commercial paper note proceeds to pay “costs incurred for the enhancement of fish and wildlife or for the development of public recreation”; (3) the related establishment, restatement or adjustment of charges and rate reductions under the State Water Contracts; (4) the accounting for the costs of the San Joaquin Drainage Program; (5) the allocation of the costs of certain facilities in the Delta to the purposes of the development of public recreation and the enhancement of fish and wildlife; (6) DWR’s bills to the Contractors for calendar years 2007 through and including 2026, including any revisions to such bills made on or before June 1, 2026; provided that the term “Claims” does not include the issue set out in Exhibit 1, attached hereto, effective January 1, 2009; the issues set out in Exhibit 2A, attached hereto, effective January 1, 2016; the issues set out in Exhibit 2B, attached hereto, effective January 1, 2018; the issues set out in Exhibit 2C, attached hereto, effective January 1, 2020; the issues set out in Exhibit 2D, attached hereto, effective January 1, 2022; and the issues set out in Exhibit 2E, attached hereto, effective January 1, 2024. To the extent the issue set out in Exhibit 1 was heretofore included within the term “Claims”, the Tolling Period Expiration Date for such issue as used in Paragraph 4 shall be deemed to be December 31, 2008. To the extent the issues set out in Exhibit 2A were heretofore included within the term “Claims”, the Tolling Period Expiration Date for such issues as used in Paragraph 4 shall be deemed to be December 31, 2015. To the extent the issues set out in Exhibit 2B were heretofore included within the term “Claims”, the Tolling Period Expiration Date for such issues as used in

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4 Paragraph 4 shall be deemed to be December 31, 2017. To the extent the issues set out in Exhibit 2C were heretofore included within the term “Claims”, the Tolling Period Expiration Date for such issues as used in Paragraph 4 shall be deemed to be December 31, 2019. To the extent the issues set out in Exhibit 2D were heretofore included within the term “Claims”, the Tolling Period Expiration Date for such issues as used in Paragraph 4 shall be deemed to be December 31, 2021. To the extent the issues set out in Exhibit 2E were heretofore included within the terms “Claims”, the Tolling Period Expiration Date for such issues as used in Paragraph 4 shall be deemed to be December 31, 2023. In addition, the term “Claims” shall not include any issue to the extent such issue is excluded from the term “Claims” pursuant to the provisions of Paragraph 1(b)(ii) or 1(b)(iii).
(ii) Any Party (including DWR) to this Agreement may elect to remove one or more of the issues set out in Exhibit 3 from the term “Claims” by giving 60 days advance written notice to DWR and the other Contractors which have tolling and waiver agreements with DWR with a tolling period expiration date that has been extended to June 1, 2026. Such notice shall specify the effective date of such exclusion and shall apply to and be binding upon DWR and the other Contractors listed in Exhibit 4 which have a tolling and waiver agreement with DWR with a tolling period expiration date that has been extended to June 1, 2026. Exhibit 4 contains a listing of all water contractors which entered into the previous tolling and waiver agreement amendment extending the tolling period to December 31, 2023, and which are expected to enter into amendments to extend their tolling periods to June 1, 2026. To be effective, such notice must be received by DWR and shall be effective as to all other Contractors with tolling and waiver agreements with DWR with a tolling period expiration date that has been extended to June 1, 2026, even if one or more of such Contractors do not receive such notice. The effect of such notice by one Party or by any Contractor with a tolling and waiver agreement with DWR shall be to exclude such issue or issues from the term “Claims” in this Agreement and in the tolling and waiver agreements of DWR and the other Contractors listed in Exhibit 4 with a tolling period expiration date that has been extended to June 1, 2026. To the extent the issue or issues set out in the notice were

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5 heretofore included within the term “Claims”, the Tolling Period Expiration Date for each such issue as used in Paragraph 4 shall be the issue exclusion date so specified in the notice.
(iii) Any Party (including DWR) to this Agreement may elect to remove one or more issues (other than those listed in Exhibit 3, which are addressed in Paragraph 1(b)(ii)) from the definition of the term “Claims” by giving 120 days advance written notice to DWR and the other Contractors which have tolling and waiver agreements with DWR with a tolling period expiration date that has been extended to June 1, 2026; provided, however, that such Party (if other than DWR) shall notify DWR at least 30 days in advance of the issuance of such 120 day notice and allow DWR the opportunity to discuss the matter with that Party. The Party shall use its best efforts to describe clearly in the notice the issue or issues to be excluded and shall specify the effective date of such exclusion. The notice shall apply to and be binding upon DWR and the other Contractors listed in Exhibit 4 which have a tolling and waiver agreement with DWR with a tolling period expiration date that has been extended to June 1, 2026. To be effective, such notice must be received by DWR and shall be effective as to all other Contractors with tolling and waiver agreements with DWR with a tolling period expiration date that has been extended to June 1, 2026, even if one or more of such Contractors do not receive such notice. The effect of such notice by one Party or by any Contractor with a tolling and waiver agreement with DWR shall be to exclude such issue or issues from the term “Claims” in this Agreement and in the tolling and waiver agreements of DWR and the other Contractors listed in Exhibit 4 with a tolling period expiration date that has been extended to June 1, 2026. To the extent the issue or issues set out in the notice were heretofore included within the term “Claims”, the Tolling Period Expiration Date for each such issue as used in Paragraph 4 shall be the issue exclusion date so specified in the notice.

2. The text in Paragraph 4 of the Agreement, as amended by the Ninth Amendment, is deleted in its entirety and replaced with the following text, shown here in italics:

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6 The Tolling Period Expiration Date is June 1, 2026; provided that DWR may, upon giving 60 days advance written notice to Agency, change the Tolling Period Expiration Date to a date earlier than June 1, 2026, if the sum of the maximum Table A amounts for all Contractors who enter into a Tenth Amendment to the Tolling and Waiver Agreement with DWR (plus the Table A amount for the County of Butte, if the County enters into an Ninth Amendment to the Tolling and Waiver Agreement with DWR) is less than 95% of the sum of the maximum Table A amounts for the 27 Contractors who signed the Monterey Amendment; and provided further that the Tolling Period Expiration Date as to any specific issue may be set at an earlier date pursuant to the provisions of Paragraph 1(b)(ii) or 1(b)(iii). For the time period between the Effective Date of the Agreement and the Tolling Period Expiration Date, inclusive (the "Tolling Period"), Agency and DWR agree that, except as provided for in this Agreement, all Periods of Limitation applicable to all Claims between the Parties, including without limitation those described in the Metropolitan Claim, shall be tolled and waived, shall not run or expire, and shall not operate in any manner so as to prejudice, bar, limit, create a defense to or in any way restrict Claims between the Parties. Except as provided in Paragraph 2 herein, after the Tolling Period Expiration Date, the Parties shall have the same rights, remedies, and damages each of them had on the Effective Date of the Agreement and the Tolling Period shall be excluded from any time calculation in determining whether any period of limitations has run; provided, however, that with regard to Claims pertaining to DWR’s bills to the Contractors for calendar years 2007 through and including 2026, AGENCY shall have until 60 days from the Tolling Period Expiration Date to submit notices of contest to DWR for Claims pertaining to any such bills for calendar years 2007 through and including 2026. Except for the Parties' waiver of the Statute of Limitations as provided herein and except as provided in Paragraph 2 herein, this Agreement shall not operate as a waiver of any Claims or defenses that either Party may have against the other.

3. Exhibit 1, entitled “Issue Not Included in the Term “Claims” Effective January 1, 2009”, which title was changed by the Fifth Amendment, remains unchanged as a part of this

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7 Agreement and is attached.

4. Exhibit 2, entitled “Issues Not Included in the Term “Claims” for Purposes of the Tolling and Waiver Agreement Extension Beginning January 1, 2013”, which was added by the Fifth Amendment, did not have any issues listed and was therefore deleted in its entirety and replaced in the Sixth Amendment by Exhibit 2, entitled “Issues Not Included in the Term “Claims” Effective January 1, 2016”. Exhibit 2 subsequently was renumbered as Exhibit 2A, but remained entitled “Issues Not Included in the Term “Claims” Effective January 1, 2016. Exhibit 2A is attached to the Sixth Amendment and remains a part of this Agreement.

5. Exhibit 2B, entitled “Issues Not Included in the Term “Claims” Effective January 1, 2018”, is attached to the Seventh Amendment and remains a part of this Agreement.

6. Exhibit 2C, entitled “Issues Not Included in the Term “Claims” Effective January 1, 2020”, is attached to the Eighth Amendment and remains a part of this Agreement.

7. Exhibit 2D, entitled “Issues Not Included in the Term “Claims” Effective January 1, 2022,” is attached to the Ninth Amendment and remains a part of this Agreement,

8. Exhibit 2E, entitled “Issues Not Included in the Term “Claims” Effective January 1, 2024,” is attached to this Tenth Amendment and made a part of this Agreement,

9. Exhibit 3, entitled “Issues that May be Excluded from the Term “Claims” upon 60 Days Advance Notice”, which was added by the Fourth Amendment, is amended by listing additional issues, if any, to issues 1 and 2 previously listed therein, and such Exhibit 3 as amended is attached and remains a part of this Agreement.

10. Exhibit 4, entitled “Contractors which Signed Prior Tolling Agreement Amendment Extending Tolling Period to December 31, 2021 and which are Expected to Enter into Amendment to Extend Tolling Period to December 31, 2023, which was added by the Ninth Amendment, is deleted in its entirety and replaced by Exhibit 4 entitled “Contractors which

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8 Signed Prior Tolling Agreement Amendment Extending Tolling Period to December 31, 2023, and which are Expected to Enter into Amendment to Extend Tolling Period to June 1, 2026”, which is attached and made a part of this Agreement.

11. All other terms and conditions of the Agreement, as amended, are unchanged by this Tenth Amendment and shall remain in full force and effect.

12. In consideration of the extension of the tolling period provided by this Tenth Amendment, the Parties intend to continue to use their best efforts to discuss and seek to resolve, in a timely manner, as many of the remaining issues as practicable that have been tolled by this Agreement or that have otherwise been raised in the resolution process established in response to this Agreement.

12. Each individual signing below represents and warrants that he or she is authorized to execute this Tenth Amendment on behalf of the respective Party to this Tenth Amendment and does so freely and voluntarily.

13. Each Party warrants and represents that, in executing this Tenth Amendment, it has relied upon legal advice from counsel of its choice; that the terms of this Tenth Amendment have been read and its consequences have been completely explained to it by counsel; that it fully understands the terms of this Tenth Amendment; and that it knows of no reason why this Tenth Amendment shall not be a valid and binding agreement of that Party.

14. The Parties agree that this Amendment will be executed using DocuSign by electronic signature, which shall be considered an original signature for all purposes and shall have the same force and effect as an original signature. The Amendment shall take effect as soon as all Parties have signed.

15. All Parties will receive an executed copy of this Amendment via DocuSign after all Parties have signed.

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9 DATED: _______________________ __________________________________ Thomas Gibson
General Counsel
Attorney for DWR
DATED: _______________________ __________________________________ Name:

Title:

For AGENCY

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10 EXHIBIT 1
ISSUE NOT INCLUDED IN THE TERM “CLAIMS”
EFFECTIVE JANUARY 1, 2009

1. The validity of charges for costs incurred by DWR at Perris Reservoir for beach sand, the ADA fishing pier, and marina repairs and relocation, which have been billed to and included in the annual Statements of Charges issued to Metropolitan Water District, Coachella Valley Water District and Desert Water Agency for calendar years 2008 and 2009.

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11 EXHIBIT 2A
ISSUES NOT INCLUDED IN THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2016 FOR THE COMPLETE LIST OF “ISSUES NOT INCLUDED IN THE
TERM “CLAIMS” EFFECTIVE JANUARY 1, 2016” PLEASE
REFER TO EXHIBIT 2 IN THE SIXTH AMENDMENT. THOSE

ISSUES ARE DEEMED INCORPORATED HEREIN AS THOUGH
FULLY SET FORTH IN THIS EXHIBIT 2A.

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12 EXHIBIT 2B
ISSUES NOT INCLUDED IN THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2018 FOR THE COMPLETE LIST OF “ISSUES NOT INCLUDED IN
THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2018” PLEASE
REFER TO EXHIBIT 2B IN THE SEVENTH AMENDMENT.

THOSE ISSUES ARE DEEMED INCORPORATED HEREIN AS
THOUGH FULLY SET FORTH IN THIS EXHIBIT 2B.

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13 EXHIBIT 2C
ISSUES NOT INCLUDED IN THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2020 FOR THE COMPLETE LIST OF “ISSUES NOT INCLUDED IN
THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2020” PLEASE
REFER TO EXHIBIT 2C IN THE EIGHTH AMENDMENT. THOSE

ISSUES ARE DEEMED INCORPORATED HEREIN AS THOUGH
FULLY SET FORTH IN THIS EXHIBIT 2C.

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14 EXHIBIT 2D
ISSUES NOT INCLUDED IN THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2022 FOR THE COMPLETE LIST OF “ISSUES NOT INCLUDED IN
THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2022” PLEASE
REFER TO EXHIBIT 2D IN THE NINTH AMENDMENT. THOSE

ISSUES ARE DEEMED INCORPORATED HEREIN AS THOUGH
FULLY SET FORTH IN THIS EXHIBIT 2D.

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15 EXHIBIT 2E
ISSUES NOT INCLUDED IN THE TERM “CLAIMS” EFFECTIVE JANUARY 1, 2024

1. Whether the Department improperly charged the Contractors the costs of the Upper Castaic Canyon Recreation Development Plan, instead of seeking reimbursement from the Los Angeles Department of Water and Power (LADWP). Resolution: The Department determined that the costs were properly included in the Contractors’ charges. The Division of Fiscal Services recorded that approximately $144,000 was spent in 1983 – 1987.

LADWP was not billed due to a lack of contract supporting LADWP’s cost share. Hence, no changes were necessary.

2. Whether the Department improperly charged the Contractors for the Contra Costa Canal intake relocation costs. Resolution: The Department determined that the costs were properly included in the Contractors’ charges. There was no support provided with this claim. Hence, no changes were necessary.

3. Whether costs associated with Los Banos Grandes and Arroyo Pasajero are outside the scope of the water supply contract, and therefore, improperly charged. Resolution: The Department determined that the planning costs for both projects were properly billed in the Contractors’ charges. Hence, no changes were necessary.

4. Whether any costs included in the Statements of Charges are based on estimates and the actual costs are not yet known. Resolution: The Department determined the claim to be too general. Hence, no changes were necessary.

5. Whether the Department improperly charged the Contractors for costs associated with the Department's funding of general fund obligations and non-project related expenditures that affect the Department's cash flows and provide little or no benefit to the Project.

Resolution: The Department reviewed this claim and determined the claim is too broad in nature. Hence, no changes were necessary.

6. Whether the costs associated with the improper allocation of revenues derived from the sale or disposal of electrical energy generated in connection with the operation of the State Water Project were charged to the Transportation Variable OMP&R charges instead of the Delta Water Charges as required by contract. Resolution: The Department determined that the costs were properly included in the Contractors’ charges. Hence, no changes were necessary.

7. Whether the Department improperly allocated costs for recreation facilities and enhancement of fish and wildlife at SWP facilities by using funds obtained from rates and charges imposed upon SWP Contractors, contrary to the dictates of the Davis-Dolwig Act.

Resolution: The Department determined that it does not bill Contractors for DavisPage 72 of 643 16 Dolwig costs but may use any SWP revenues (other than revenues attributable to Central Valley Project revenue bonds) to pay any SWP costs consistent with the Burns-Porter Act.

Hence, no changes were necessary.

8. Whether the costs associated with the Phase 2B Project were improperly allocated to Delta Water Charge minimum and transportation minimum components, instead of the transportation variable component or capitalizing these costs. Resolution: The Department determined that the Phase 2B Project costs were allocated correctly. Hence, no changes were necessary.

9. Whether the costs associated with the buying and selling of power to meet State Water Project energy needs, including all costs associated with the SWP Power Office and Risk Office, were improperly allocated to Delta Water Charge minimum and transportation minimum components instead of the transportation variable component. Resolution: The Department determined that the costs associated with buying and selling of power were allocated correctly. Hence, no changes were necessary.

10. Whether the costs associated with the installation and removal of the temporary barriers annually installed in the South Delta were improperly allocated where the State Water Project has paid the entire cost of the barriers and has not sought reimbursement of the federal share of costs. Resolution: The Department determined that no agreements were in place with the United States Bureau of Reclamation to share the costs. Hence, no changes were necessary.

11. Whether all costs were incurred after January 1, 2005. Resolution: The Department determined that the claim is general, and no correction or action can be taken.

12. Whether the Department correctly allocated the costs of certain Delta facilities to the development of public recreation and fish and wildlife enhancement. Resolution: The Department determined that the allocations were correct. Hence, no changes were necessary.

13. Whether the Department’s inclusion in the 2010 Statements of Charges of cost increase projections beyond three years for the Delta Water Charge Minimum was proper.

Resolution: The Department included an escalation factor on future costs of the Delta Minimum cost component beginning in the 2010 Statements of Charges.

14. Whether the interest earnings on the General Operating Account (GOA) are being retained in the GOA rather than being returned and counted as additional revenues in the Systems Revenue Account. Resolution: The Department has determined that all interest earnings on the GOA are retained instead of returning those interest earnings as additional Rate Management Credits. Hence, no changes were necessary.

15. Whether the 2006 - 2008 Off-Aqueduct power charges were incorrectly charged due to the poor business practices and untimely invoicing by the Nevada Power Company/Corporation, concerning the Reid Gardner Unit 4 coal-fired power generation

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17 facility. Resolution: The Department updated the Off-Aqueduct power charges for 2006 through 2008 in the SAP accounting system. This was reflected in the 2012 Statements of Charges.

16. Whether the alpha allocation percentages from 1988 and forward should have been updated since the conversion to the new Utility Cost Accounting & Billing System (UCABS) in 2006. Resolution: The Department updated the alpha allocation percentages in the 2014 Statements of Charges.

17. Whether the Department correctly credited system power costs associated with the exchange of 10,033 acre-feet demonstration water from the Kern Water Bank.

Resolution: The Department determined that the Contractors that paid for the stored water were properly credited.

18. Whether the Department improperly allocated downstream variable costs of approximately $328,000 and $484,000 for CA Aqueduct reaches 22B and 26A, respectively to transportation minimum for East Branch Enlargement rather than CA Aqueduct, for 2008 - 2010. Resolution:

The Department determined that the downstream costs have been allocated to the East Branch Enlargement along with other transportation minimum costs since 2000, and made adjustments to the proper reaches.

19. Whether the Department’s current methodology of computing the Delta Water Charge fails to acknowledge that Contractors make semi-annual capital and monthly minimum payments and, therefore, deprives them of any related interest benefits. Resolution: The Department determined that the cost was properly included in the Contractors’ charges.

Hence, no changes were necessary.

20. Whether the Power Allocation Table (PAT) factor for the PAT317 transmission alpha allocation cycle has not been updated since 2001 resulting in a reallocation of costs of approximately $156,463. Resolution: The Department moved all the costs from the PAT317 transmission alpha allocation cycle to specific orders that were allocated directly to those specific pumping plants. The update was not necessary as the PAT317 alpha cycle was not used since 2018, and the costs from 2007 – 2018 were moved out of the PAT317 alpha cycle.

21. Whether costs totaling approximately $8,000 related to the Federal Energy Regulatory Commission (FERC) relicensing of southern California power facilities for 2013 were improperly included in the transportation minimum component in the 2016 Statements of Charges. Resolution: The Department determined, for administrative (complexity and cost benefits) reasons, not to move the $8,000 from the transportation minimum component to the transportation capital component. However, the Department determined to capitalize all southern California power facilities relicensing-related costs for 2015 and future years.

22. Whether greenhouse gas instrument credits (emission allowances), were incorrectly charged to the Contractors based on the year of purchase instead of the years the credits

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18 were used. Resolution: The Department made adjustments to reflect the year of use and will do so for future years. The Department’s process is that the costs are moved from purchase year to compliance year when the Department’s compliance obligation costs are finalized and fully paid. Hence, no changes are necessary.

23. Whether the 2015 Value of Recovery Generation (VORG) credit was improperly calculated for Alamo and Mojave using Mill Rates, the melded unit rate for power, based on outdated Statements of Charges, resulting in an overstatement of VORG credits in 2015 of approximately $7,164. Resolution: The Department updated the Mill Rates for Alamo and Mojave in May 2022.

24. Whether the Department updated the historical direct labor costs for the calculation of the three-year average for the F-series allocations. Resolution: The Department determined to maintain its policy of not retroactively updating historical costs for the calculation, of the F-series allocations, and has informed the Contractors of its decision. Hence, no changes were necessary.

25. Whether the Contractors are being charged through a minimum cost center allocation (alpha cost center 2300FFN907) for capital costs related to asset purchases for 2014 - 2017. Resolution: The Department determined that the costs were properly included in the Contractors’ charges. This is being charged in accordance with the capitalization policy of the Department.

26. Whether DWR failed to include East Branch Extension plants in the PAT317 transmission alpha allocation cycle, resulting in the improper allocation of costs among contractors.

Resolution: The Department moved all the costs from the PAT317 transmission alpha allocation cycle to specific orders that were allocated directly to those specific pumping plants. The update to include EBX plants was not necessary as the PAT317 alpha cycle was not used since 2018, and the costs from 2007 - 2018 were moved out of the PAT317 alpha cycle.

27. Whether the Cap-and-Trade emission allowances expected to be used in 2020 of approximately $3,696,000 were improperly included in the transportation variable component, but the allowances were also included in the year they were purchased, resulting in a double billing in the variable component. Resolution: The Department determined that the Statements of Charges included the costs of emission allowances used in the relevant year and the projected costs to purchase Cap-and-Trade allowances in the same year for future compliance periods. The actual costs of Cap-and-Trade auction purchases each year were reflected in the invoicing rate to invoice monthly variable charges in the particular year. Hence, no changes were necessary.

28. Whether minimum costs from January to June 1999 totaling approximately $1,509,000 for the downstream allocation of costs, power costs recovered under transportation minimum component, were erroneously reversed in the SAP system. Resolution: The Department

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19 made adjustments of approximately $1,508,591 to reverse this error. This correction was reflected in the 2022 Statements of Charges.

29. Whether the Department inadvertently double-posted an entry of approximately $108,000 to correct a misposting of Delta Conveyance Program costs. Resolution: The Department removed the posting, and the correction was reflected in the 2022 Statements of Charges.

30. Whether the Coastal Branch Extension (CBX) Refund Money Schedule for the State of California Department of Water Resources Central Valley Project Water System Revenue Bonds Series AZ was calculated using South Bay Enlargement balances, which resulted in an overstatement of debt service charges plus interest credit to Santa Barbara FC and WCD totaling approximately $420,933 for the 2019 Statements of Charges and totaling approximately $54,425 for the 2020 Statements of Charges. Resolution: The Department revised the AZ Schedules, and it was reflected in the 2022 Statements of Charges.

31. Whether the East Branch Extension (EBX) Phase 1 Improvement Refund Money Schedule for the State of California Department of Water Resources Central Valley Project Water System Revenue Bonds Series AZ was calculated using Coastal Branch Extension (CBX) balances, which resulted in an understatement of debt service charges plus interest credits to San Bernardino Valley, MWD, and San Gorgonio Pass Water Agency totaling approximately $973,069 for the 2019 Statements of Charges and totaling approximately $129,030 for the 2020 Statements of Charges. Resolution: The Department revised the AZ Schedules, and it was reflected in the 2022 Statements of Charges.

32. Whether the South Bay Enlargement Refund Money Schedule for the State of California Department of Water Resources Central Valley Project Water System Revenue Bonds Series AZ was calculated using East Branch Extension (EBX) Phase 1 Improvement balances, which resulted in an overstatement of debt service charges plus interest credits to Alameda County FC and WCD Zone 7, totaling approximately $552,126 and totaling approximately $74,605 for 2020 Statements of Charges. Resolution: The Department revised the AZ Schedules, and it was reflected in the 2022 Statements of Charges.

33. Whether the Pacific Power Engineers, Inc. invoice #1161 includes costs related to the Citrus Pumping Station, but had costs charged directly to the Crafton Hills Pumping Station, resulting in a reallocation of costs among Contractors in 2018 of approximately $25,199. Resolution: The Department moved approximately $25,199 to the Citrus Pumping Station and the correction was done in October 2019.

34. Whether the Pure Technologies U.S. Inc. invoice #PTUS-PIN-002512 includes costs related to the North Bay Aqueduct Reach 1, but had costs charged to South Bay Aqueduct Reach 1, resulting in a reallocation of costs among Contractors in 2018 of approximately $1,240. Resolution: The Department moved approximately $1,240 to the North Bay Aqueduct Reach 1 and the correction was done in February 2022.

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20 35. Whether administrative fees and the settlement payment totaling approximately $1,460,000 received for litigation related to the construction of the Tehachapi Second Afterbay were not included in the variable component. Resolution: The Department properly included the administrative fees and the settlement payment totaling approximately $1,460,000 received for litigation related to the construction of the Tehachapi Second Afterbay, in the variable component. This was reflected in the 2022 Statements of Charges.

36. Whether the Department omitted the payment for peaking capacity foregone at the Castaic Powerplant of approximately $582,500 for 2021 from net power costs. Resolution: The Department included the payment in the calculation of the net power costs in the 2022 Statements of Charges.

37. Whether the budgeted costs related to the Salton Sea totaling approximately $3.4 million were improperly included in the calculation of the Delta Water Charge. Resolution: The Department excluded the budgeted costs related to the Salton Sea totaling approximately $3.4 million in the calculation of the Delta Water Charge. This was reflected in the 2022 Statements of Charges.

38. Whether the Department failed to include credits in the cost allocation system totaling approximately $224,000 in the 2021 Statements of Charges. Resolution: The Department included the credits which were reflected in the 2022 Statements of Charges.

39. Whether the Department miscalculated the Delta Water Charge in 2021 due to a formula error, resulting in an overstatement of costs by approximately $40,000. Resolution: The Department corrected the calculation which was reflected in the 2022 Statements of Charges.

40. Whether relicensing costs of approximately $9,000 for the South State Water Project hydropower facilities that were not paid with bond proceeds were improperly excluded from the net power costs. Resolution: The Department moved costs of approximately $8,462 to the V-PAT017 allocation for 2013, in May 2022.

41. Whether costs used to calculate the potential Federal Emergency Management Agency (FEMA) reimbursement for the Oroville Spillway were overstated by approximately $303,000, resulting in a larger than intended credit being included in the Delta Water Charge. Resolution: The Department revised the methodology for determining the Contractors’ share of the Oroville Spillway recovery and response costs, correcting the previous overstatement of the potential FEMA reimbursement of approximately $303,000.

No correction was needed in the SAP system, as the process used to calculate the potential FEMA reimbursement was an estimate done outside the system and SAP numbers were correct.

42. Whether costs, totaling $853,000, for work performed at the San Luis Field Division from May and June 2020 were not assessed properly in the cost allocation system, resulting in the amounts being excluded from the transportation capital component. Resolution: The

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21 Department corrected the capital costs totaling approximately $853,000 in the cost allocation system, resulting in the amounts being properly included in the transportation capital component. This was reflected in the 2022 Statements of Charges.

43. Whether the Department failed to include in the 2021 Statement of Charges offsetting entries for Cap-and-Trade credits related to the disposal of approximately $3,247,000 in emission allowance intangible assets transferred to the cost allocation system. Resolution:

The Department included the credits which were reflected in the 2022 Statements of Charges.

44. Whether the Commercial Door Company invoices related to claim numbers 1382645, 1373177, 1378534, 1370626, and 1357872 included costs related to work performed at Lost Hills, Buena Vista Pumping Plant, Teerink Pumping Plant, Chrisman Pumping Plant, Edmonston Pumping Plant, and Badger Hill Pumping Plant, but had costs in the amount of approximately $54,055 allocated to the San Joaquin Field Division through alpha cost center 2300FFN907. Resolution: The Department reallocated costs for the Commercial Door invoices, totaling approximately $54,055, to the plants where the work was performed. This was reflected in the 2022 Statements of Charges.

45. Whether the Barc Industries and Development invoices related to claim numbers 1372191, 1381644, 1379684, 1374954, 1377297, 1373635, and 1379192 included costs related to work performed at Lost Hills, Buena Vista Pumping Plant, Teerink Pumping Plant, Chrisman Pumping Plant, Edmonston Pumping Plant, Badger Hill Pumping Plant, and Devil’s Den Pumping Plant, but had costs allocated in the amount of approximately $135,200 to the San Joaquin Field Division through alpha cost center 2300FFN907.

Resolution: The Department reallocated costs for the Barc Industries and Development invoices, totaling approximately $135,200, to the plants where the work was performed.

This was reflected in the 2022 Statements of Charges.

46. Whether the total 2018 Oroville response costs were incorrect within the Delta Water Charge calculation due to information from SAP data not matching the manual calculation (i.e., a sign was flipped while copying the information into the manual calculation), resulting in an understatement of costs to the Contractors of approximately $224,476.

Resolution: The Department fixed the calculation error in the Delta Water Charge calculation. This correction was reflected in the 2022 Statements of Charges.

47. Whether the Delta Water Charge calculation related to California Aqueduct (CA) CAR2A minimum costs was overstated due to CA-R2B data being used for the 2021 and 2022 years within the calculation for both CA-R2A and CA-R2B (i.e., there was a formula error within the calculation), resulting in an overstatement of costs to the Contractors of approximately $39,981. Resolution: The Department fixed the calculation error in the Delta Water Charge calculation. This correction was reflected in the 2023 Statements of Charges.

48. Whether the HDR Engineering, Inc. invoices related to claims 1372393, 1377256, 1382806, 1387697, and 1369875 included costs of approximately $319,995 related to

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22 Pyramid Dam, but had costs charged directly to Cedar Springs Dam. Resolution: The Department reallocated costs for the HDR Engineering invoices related to Pyramid Dam, totaling approximately $318,067, from Cedar Springs Dam to Pyramid Dam. This was reflected in the 2023 Statements of Charges.

49. Whether the HDR Engineering, Inc. invoices related to claims 1389228, 1389669, and 1391125 included costs related to San Joaquin Field Division, but had costs charged to the San Luis Field Division through the C-AFJ907 alpha allocation cycle, resulting in an overstatement of costs to the San Luis Field Division of approximately $421,773 and an understatement of to the San Joaquin Field Division of approximately $421,773.

Resolution: The Department reallocated costs for the HDR Engineering invoices, totaling approximately $421,773, related to San Joaquin Field Division from San Luis Field Division to San Joaquin Field Division. This was reflected in the 2023 Statements of Charges.

50. Whether budgeted costs for the United States Bureau of Reclamation’s share of the Yolo Bypass Restoration Project, totaling approximately $57.3 million, were improperly included in the 2022 Statements of Charges. Resolution: The Department correctly reflected the allocable program costs and reduced the costs considering the cost-sharing percentages. This correction was reflected in the 2023 Statements of Charges.

51. Whether credits in the cost allocation system totaling approximately $1,334,000 for seismic bridge retrofit and other reimbursements received were not posted in time to be included in the 2022 Statements of Charges. Resolution: The Department posted credits in the cost allocation system, in July 2021, totaling approximately $1,334,000 for seismic bridge retrofit and other reimbursements received. This was reflected in the 2023 Statements of Charges.

52. Whether credits in the cost allocation system totaling approximately $420,000 for the wheeling of non-entitlement water were not posted in time to be included in the 2022 Statements of Charges. Resolution: The Department posted credits in the cost allocation system, in August 2021, totaling approximately $420,000 for the wheeling of nonentitlement water. This was reflected in the 2023 Statements of Charges.

53. Whether credits in the cost allocation system totaling approximately $2,247,000 for the United States Bureau of Reclamation’s (USBR) reimbursement of San Luis capital costs were not posted in time to be included in the 2022 Statements of Charges. Resolution:

The Department posted credits in the cost allocation system, in July 2021, totaling approximately $2,247,000 for the USBR’s reimbursement of San Luis capital costs. This was reflected in the 2023 Statements of Charges.

54. Whether duplicate entries in UCABS were posted to offset the impact of the disposal of capital assets totaling approximately $154,000. Resolution: The Department made adjustments of approximately $154,000 to reverse the duplicate entries in the Cost Allocation Billing system. This was reflected in the 2023 Statements of Charges.

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23 55. Whether entries in UCABS made to correct the allocation of costs in the accounting system totaling approximately $498,000 were incorrectly transferred twice. Resolution:

The Department corrected the duplicate entry in a subsequent PR5/SWP interface in July 2021. This was reflected in the 2023 Statements of Charges.

56. Whether Industrial Waste Utilization, Inc. invoices related to 45 claim numbers included costs related to work performed at the Buena Vista Pumping Plant, Chrisman Pumping Plant, Edmonston Pumping Plant, Lost Hills, and Teerink Pumping Plant, but had costs allocated totaling approximately $340,512 to the San Joaquin Field Division through alpha cost center 2300FFN907. Resolution: The Department reallocated costs for the Industrial Waste Utilization invoices, totaling approximately $340,512, to the plants where the work was performed.

57. Whether Linda Rogers & Associates, Inc. invoices #20538 and #20569 related to claim 1403495 included costs related to the NERC Compliance Project (Statewide alpha allocation cycle C-FAD908), but had costs charged to the Delta Field Division through the C-AFE906 alpha allocation cycle totaling approximately $135,000. Resolution: The Department reallocated the costs totaling approximately $135,000 from PMO 75000240959 to Order MNERCRSOPRGM, in December 2021. This was reflected in the 2022 Statements of Charges.

58. Whether costs, totaling approximately $512,420, for work performed at the San Joaquin Field Division by HDR Engineering, Inc. relating to claims 1393648, 1394897, 139596, 1396320, 1399349, and 1400312 were improperly allocated to the San Luis Field Division through the C-AFJ906 alpha allocation cycle. Resolution: The Department reallocated costs for the HDR Engineering invoices, totaling approximately $512,420, from the San Luis Field Division to the San Joaquin Field Division.

59. Whether the calculated bonded costs related to Oroville incident costs were understated for 2017 - 2021 actuals, due to PR5 data being used instead of UCABS data, totaling approximately $1,715,416. Resolution: The Department determined that the costs were properly included in the Contractors’ charges. These bonded costs per UCABS are correctly matched in the Statements of Charges. PR5 only shows the related actual costs; UCABS data and the Statements of Charges costs include both actual costs and projected costs for a project.

60. Whether Unico Mechanical Corporation invoice related to claim 1401339 was double billed through UCABS direct-to-reach CA-R1, resulting in an overstatement of costs to the Contractors of approximately $99,507. Resolution: The Department reversed the double-billed costs in October 2021, and the correction was reflected in the billing system.

61. Whether costs, totaling $29,446, for work performed at the Edmonston Pumping Plant by Johnson Controls Fire Protection LP relating to claims 1400458 and 1402516 were improperly allocated to the Chrisman Pumping Plant. This results in a reallocation of costs among the Contractors of approximately $29,446. Resolution: The Department moved

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24 approximately $29,446 to the Edmonston Pumping Plant and the correction was done in December 2021.

62. Regarding Suisun Marsh costs attributable to the United States Bureau of Reclamation (USBR), but not reimbursed by USBR, the Contractors agreed to release those claims upon the Department’s execution of the Sisk Dam Cost Share Agreement. The Sisk Dam Cost Share Agreement was executed on October 12, 2023, and provides credits to the Contractors for certain Suisun Marsh costs.

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25 EXHIBIT 3
ISSUES THAT MAY BE EXCLUDED FROM THE TERM “CLAIMS” UPON 60 DAYS

ADVANCE NOTICE

1. The Department of Water Resources’ change in funding the costs of the San Joaquin Valley Drainage program from the Capital Facilities Account (as established pursuant to Article 51 (b) (1) of the State Water Contract) prior to 2006 to operations and maintenance costs beginning in 2006, but not including the Department’s retention of unused Capital Facility Account balances in 2006 and 2007 for anticipated future year capital expenditures (which retention issue shall not be subject to exclusion upon 60 days notice).

2. All Claims arising out of or related to the determination, allocation and/or payment of fish and wildlife enhancement and recreation costs incurred in constructing, operating and maintaining the State Water Project Perris Reservoir and any of its appurtenant, ancillary or related facilities, including, but not limited to, such costs associated with any actions taken at Perris Reservoir to address seismic safety issues. (“Claims” as used in this item 2, does not include the issue described in Exhibit 1, item 1.)

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26 EXHIBIT 4

CONTRACTORS WHICH SIGNED PRIOR TOLLING AGREEMENT AMENDMENT EXTENDING TOLLING PERIOD TO DECEMBER 31, 2023, AND WHICH ARE

EXPECTED TO ENTER INTO AMENDMENT TO EXTEND TOLLING PERIOD TO JUNE 1, 2026
Valerie Pryor, General Manager
Alameda County FC&WCD, Zone 7
100 North Canyons Parkway
Livermore, CA 94551
Mark Gilkey, Manager-Engineer
Dudley Ridge Water District
286 W. Cromwell Ave
Fresno, CA 93711-6162
Ed Stevenson, General Manager
Alameda County Water District
43885 So. Grimmer Blvd.

Fremont, CA 94537
Scott Sills, Manager
Empire West Side Irrigation District
P.O. Box 66
Stratford, CA 93266
Matt Knudson, General Manager
Antelope Valley/East Kern Water Agency
6500 West Avenue N
Palmdale, CA 93551-2855
Amelia Minaberrigarai, General Counsel
Kern County Water Agency
P.O. Box 58
Bakersfield, CA 93302
Brad Stephens, County Counsel
Butte County
25 County Center Drive, Suite 210
Oroville, CA 95965
Kyria Martinez, County Administrative
Officer
County Of Kings
1400 West Lacey Blvd
Hanford, CA 93230
Matthew Stone, General Manager
Santa Clarita Valley Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350
James Chaisson, General Manager
Littlerock Creek Irrigation District
35141 N.87th Street East
Littlerock, CA 93543
Diana Langley, City Manager
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
John Schlotterbeck, Senior Deputy General
Counsel
Metropolitan Water District
P.O. Box 54153
Los Angeles, CA 90054
Jim Barrett, General Manager
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
Adnan Anabtawi, General Manager
Mojave Water Agency
13846 Conference Center Drive
Apple Valley, CA 92307
Jennifer Spindler, General Manager
Crestline/Lake Arrowhead Water Agency
Christopher Silke, District Engineer
Napa County FC & WCD

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27 P.O. Box 3880
Crestline, CA 92325
1195 Third Street, Room 201
Napa, CA 94559
Mark Krause, General Manager
Desert Water Agency
P.O. Box 1710
Palm Springs, CA 92263-1710
Anthea Hansen, General Manager
Oak Flat Water District
P.O. Box 1596 / 17840 Ward Avenue
Patterson, CA 95363
Dennis LaMoreaux, Resource and Analytics
Director
Palmdale Water District
2029 East Avenue Q
Palmdale, CA 93550
Rick L. Callender, Esq., Chief Executive
Officer
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Heather Dyer, Chief Executive General
Manager
San Bernardino Valley MWD
380 East Vanderbilt Way
San Bernardino, CA 92408
Chris Lee, General Manager
Solano County Water Agency
810 Vaca Valley Parkway
Vacaville, CA 95688
Darin Kasamoto, General Manager
San Gabriel Valley MWD
P.O. Box 1299
Azusa, CA 91702
Jacob Westra, General Manager
Tulare Lake Basin WSD
1001 Chase Avenue
Corcoran, CA 93212
Lance Eckhardt, General Manager
San Gorgonio Pass Water Agency
1210 Beaumont Avenue
Beaumont, CA 92223
Glenn Shephard, Director
Ventura County Watershed Protection District
800 S. Victoria Avenue
Ventura, CA 93009-1600
and
Kate Ballantyne, Deputy Director
San Luis Obispo County FC&WCD
976 Osos Street, Room 206
San Luis Obispo, CA 93408
Michael Flood, General Manager
Casitas Municipal Water District
1055 Ventura Avenue
Oakview, CA 93022-9622
Matthew Young, Water Agency Manager
Santa Barbara County Water Agency
123 East Anapamu Street, 2nd Floor
Santa Barbara, CA 93101-2058
and
Ray Stokes, Executive Director
Central Coast Water Agency
255 Industrial Way
Buellton, CA 93427-9565

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Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: December 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Presentation of Investment Report – Quarter Ended September 30, 2023 Recommendation: Note & File Quarterly Investment Report Fiscal Impact: Informational item only
Purpose:

To provide information regarding the investment of City funds.

Council's Strategic Goal:

This staff report addresses the City Council’s Strategic Goal of fiscal responsibility.

Background:

In accordance with the City’s adopted Investment Policies, staff prepared the attached investment report for City Council review for the previous quarter (July, August, September 2023).

Analysis:

Portfolio Highlights:
• As of September 30, 2023, the City's overall investment portfolio (estimated market value) totaled $148,653,751, a decrease of $16,059,442 from the previous quarter. • Notable transactions during the quarter that affected cash flow included:

1. Gas tax and SB1 receipts, $5.5 million;

2. CalPERS UAL payment, $5.0 million;

3. Sales tax receipts, $4.6 million;

4. SBFCA expenses, $4.5 million

5. General liability payment, $3.3 million;

6. Debt service payments, Successor Agency bonds, $1.5 million; • The portfolio shows a “paper loss” of $2,972,560 as of September 30th. This represents the

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amount of value that the City would lose if it were to liquidate its entire portfolio at the end of the reporting period. However, such losses will not be realized if the investments are held until maturity (which is the City’s general investment strategy). • The City’s portfolio is still replacing lower yield instruments with higher yields with each maturing bond in this fixed income market, and the overall portfolio yield increased compared to past quarters. The portfolio remains positioned for a higher yield environment by keeping the maturity dates of our purchases to a longer position, currently 1.19 weighted average years to maturity, while remaining watchful for signs of an economic shift. For the quarter ended 9/30/23, 41 investments matured or sold, partially or in whole, with an average yield of 0.81%.

Exclude asset-backed securities and four investments matured or sold with an average yield of

2.32%. These funds, along with LAIF holdings, were invested in four instruments with an average yield of 4.53%. The Weighted Average Yield to Maturity of the City’s total investment portfolio increased from 2.40% to 3.11% for the quarter. • The City’s cash flow needs will be met by roughly $82.3 million in liquid assets as of June 30th (approximately 50.9% of the City Held Investments portfolio value) that is currently invested in LAIF, CAMP, First American money management funds, and in the City’s Wells Fargo checking account.

Outlook: A cooling stock market is the result of CPI and Core CPI beginning reacting to aggressive Fed policy and a boost to fixed income yields. US Treasury bonds remain a strong choice and corporate bonds/ABS are producing attractive yields and will be added to the portfolio as other issues mature.

Summary Overview: The City’s investment portfolio continues to remain safe and stable. Each investment complies with state law and the City’s formal Investment Policies. Our three primary objectives for the City’s portfolio are safety, liquidity, and then yield. Staff continues to conservatively look for opportunities in today’s marketplace while remaining focused on our primary objectives.

Fiscal Impact:

Informational Item only.

Recommendation:

Note and file the Quarterly Investment Report for the period ending September 30, 2023.

Attachments:

1. Investment Report
Prepared By: Submitted By:

Spencer Morrison
City Treasurer
Spencer Morrison
City Treasurer

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Attachment 1

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City of Yuba City
Treasurer’s Quarterly
Investment Report
AS PRESCRIBED BY CALIFORNIA GOVERNMENT CODE SECTION 53646 September 30, 2023

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City of Yuba City – Month-By-Month Comparison Report
September 30, 2023
The following table provides a comparison of the portfolio for the quarter ended December, and the previous quarters ended April, May, and June 2023.

Portfolio Comparison
12/31/22 3/31/23 6/30/23 9/30/23
Cost Basis $136,994,697 $135,883,897 $168,112,812 $151,626,311Estimated Market Value 133,083,255 133,199,069 164,713,193 148,653,751 Unrealized Gains/(Losses) (1) (3,911,442) (2,684,829) (3,399,620) (2,972,560) Liquidity 44.14% 43.38% 50.93% 45.14% Weighted Average Years: Maturity of City Held Funds 1.17 years 1.24 years 1.11 years 1.19 years LAIF Interest Rate 2.070% 2.074% 3.167% 3.534% CAMP Interest Rate 4.300% 4.800% 5.24% 5.24% Portfolio: Weighted Average Yield to Maturity at Market 2.02% 2.40% 3.11% 3.31% CPI (Annualized) 6.5% 5.0% 3.0% 3.7% Note: (1) This represents the amount of money that the City would gain (or lose) if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains (or losses) will not be realized if the investments are held until maturity (which is the City’s historical investment strategy).

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City of Yuba City – Quarterly Investment Report
September 30, 2023
Federal Home Loan Bank

2.6%
Federal Natl Mtg Assn

1.9% Federal Farm Credit Bank

3.8%
US Treasury Notes

29.9%
City Held Assessment
Districts/Munis

1.3%
Corporate Bonds &
Asset-Backed Sec.

14.1%
California Asset Mgmt
Program

8.7%
Local Agency Investment Fund

30.2%
Certificates of Deposit

0.7%
Cash/Money Market

6.3%
Supranationals

0.5%
Composition of City Held Investments

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City of Yuba City – Quarterly Investment Report
September 30, 2023
$-
$10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00
In Millions
City Held Investment Portfolio Maturity Distribution
Cash Equiv 0-6 Months 6-12 Months 1-3 Years 3+ Years

45.1%

17.5%

14.2%

16.6%

6.5%

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City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) U.S. Consumer Price Index (Inflation) 09/30/23 3.700%
1 Local Agency Investment Fund (LAIF) N/A Daily 3.534% 3.534% $ 44,512,837 43,903,356 $ (609,481)2 Calif. Asset Management Program (CAMP) N/A Daily 5.550% 5.550% 12,604,785 12,604,785 -3 Wells Fargo Money Market & Checking Accts. N/A Daily (Sweep) 4.943% 4.943% 9,026,848 9,026,848 -4 First American Institutional Prime 26200630S Daily 4.840% 4.840% 178,210 178,210 -5 US Treasury Notes 912828T26 09/30/23 1.375% 1.742% 640,227 650,000 9,7736 Federal Farm Credit Bank 3133EMCQ3 10/13/23 0.280% 0.314% 999,000 998,420 (580)7 US Treasury Notes 912828T91 10/31/23 1.625% 1.433% 302,273.44 299,109.00 (3,164)8 Federal Farm Credit Bank 3133EHN25 11/01/23 2.200% 1.842% 1,014,870 997,240 (17,630)9 US Treasury Notes 9128285P1 11/30/23 2.875% 0.615% 1,044,925 995,800 (49,125) 10 US Treasury Notes 91282CBE0 01/15/24 1.250% 0.443% 695,026 689,528 (5,498)11 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 2.075% 1,049,040 990,450 (58,590)12 Federal National Mortgage Assn Notes (Fannie Mae) 3135G0V34 02/05/24 2.500% 2.600% 1,393,700.00 1,385,342.00 (8,358)13 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 3.190% 453,847.50 445,702.50 (8,145)14 US Treasury Notes 912828B66 02/15/24 2.750% 4.636% 268,984.38 272,250.00 3,26615 Schwab Charles Corp 808513BN4 03/18/24 0.000% 0.770% 84,957.50 82,966.60 (1,991)16 Federal Farm Credit Bank 3133EMBE1 03/28/24 0.300% 0.322% 1,099,175 1,072,280 (26,895)17 US Treasury Notes 912828W71 03/31/24 2.125% 1.673% 662,444 639,360 (23,084)18 Federal Home Loan Bank 3130AMQQ8 04/23/24 0.350% 0.350% 1,500,000 1,456,665 (43,335)19 US Treasury Notes 912828X70 04/30/24 2.000% 1.591% 509,004 490,155 (18,849)20 IBM Corporate Notes 459200JY8 05/15/24 3.000% 0.538% 540,180 493,689 (46,491)21 IBM Corporate Notes 459200JY8 05/15/24 3.000% 0.715% 535,390 489,311 (46,079)22 Caterpillar Mtn 14913R2L0 05/17/24 0.450% 0.497% 998,750 968,710 (30,040)23 American Honda Finance Corp Med Term Notes 02665WCZ2 06/27/24 2.400% 2.430% 249,602.50 243,807.50 (5,795)24 US Treasury Notes 912828XX3 06/30/24 2.000% 1.653% 761,191.40 723,710.04 (37,481)25 US Treasury Notes 912828XX3 06/30/24 2.000% 1.419% 1,127,113.28 1,071,613.78 (55,500)26 US Treasury Notes 912828XX3 06/30/24 2.000% 0.672% 422,578.13 401,770.22 (20,808)27 US Treasury Notes 912828XX3 06/30/24 2.000% 1.566% 815,500.00 775,344.46 (40,156)28 US Treasury Notes 91282CEX5 06/30/24 3.000% 3.410% 1,042,453.12 1,031,255.41 (11,198)29 US Treasury Notes 91282CEX5 06/30/24 3.000% 3.490% 2,181,265.63 2,159,781.36 (21,484)30 US Treasury Notes 91282CEX5 06/30/24 3.000% 4.260% 2,251,214.84 2,257,953.24 6,73831 US Treasury Notes 91282CCL3 07/15/24 0.375% 0.409% 649,367 624,663 (24,704)32 US Treasury Notes 91282CCT6 08/15/24 0.375% 0.410% 1,198,921.88 1,148,064.00 (50,858)33 Walt Disney Co Corporate Bonds 254687FK7 08/30/24 1.750% 1.836% 273,878.00 265,336.50 (8,542)34 US Treasury Notes 912828YE4 08/31/24 1.250% 5.230% 3,436,031.25 3,464,712.00 28,68135 Darrough Drive AD 09/02/24 6.000% 6.000% 12,246 12,246 -36 Deere John Mtn 24422EVU0 09/10/24 0.625% 0.650% 89,941.50 85,910.40 (4,031)37 Toyota Motor Credit Corp 89236TJN6 09/13/24 0.625% 2.770% 522,550 523,958 1,40838 Caterpillar Finl Mtn 14913R2P1 09/13/24 0.600% 0.650% 224,694.00 214,598.25 (10,096) September, 2023

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City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) September, 2023
39 Plumas Bank CD 269101799 09/17/24 0.000% 0.000% 1,049,560 1,049,560 -40 Inter Amer Bk Mtn 4581X0DZ8 09/23/24 0.500% 0.520% 584,567.10 556,557.30 (28,010)41 US Treasury Notes 912828YH7 09/30/24 1.500% 0.474% 154,764 144,305 (10,459)42 Federal Farm Credit Bank 3133EMCN0 10/15/24 0.400% 0.432% 948,813 900,610 (48,203)43 MBART 2021-B A3 58769KAD6 11/15/24 0.400% 0.400% 50,930.22 50,500.10 (430)44 California St Dept Wtr Res Cent 13067WPG1 12/01/24 2.751% 1.486% 179,348 164,725 (14,623)45 US Treasury Notes 912828YY0 12/31/24 1.750% 0.326% 1,224,794.92 1,108,756.58 (116,038)46 US Treasury Notes 912828YY0 12/31/24 1.750% 0.180% 961,945.31 870,809.62 (91,136)47 US Treasury Notes 912828YY0 12/31/24 1.750% 0.270% 1,092,425.78 988,928.23 (103,498)48 US Treasury Notes 912828YY0 12/31/24 1.750% 0.280% 955,792.97 865,240.16 (90,553)49 US Treasury Notes 912828YY0 12/31/24 1.750% 0.290% 424,031.25 383,858.09 (40,173)50 US Treasury Notes 912828YY0 12/31/24 1.750% 2.940% 387,875.00 351,127.32 (36,748)51 BMWLT 2021-2 A4 09690AAD5 01/27/25 0.430% 0.431% 369,986.01 363,969.00 (6,017)52 US Treasury Notes 91282CDZ1 02/15/25 1.500% 2.840% 337,927.73 332,472.00 (5,456)53 American Express Co Corp Note 025816CQ0 03/04/25 2.250% 2.290% 79,919.20 76,022.40 (3,897)54 John Deere Med Term Notes 24422EWB1 03/07/25 2.125% 3.030% 975,850 952,630 (23,220)55 Roche Holdings Inc. (Callable) Corporate 771196BT8 03/10/25 2.130% 2.130% 365,000.00 348,162.55 (16,837)56 Home Depot Inc Corporate Notes 437076CM2 04/15/25 2.700% 2.760% 24,956.25 24,011.00 (945)57 Bank of New York Mellon 06406RAN7 04/24/25 1.600% 0.841% 437,401.50 398,310.00 (39,092)58 US Treasury Notes 912828ZL7 04/30/25 0.375% 2.710% 838,409 834,363 (4,046)59 Cintas Corporation 17252MAP5 05/01/25 3.450% 3.460% 59,986.80 57,957.00 (2,030)60 USAA Capital Corp 90327QD89 05/01/25 3.375% 3.490% 214,296.95 207,176.15 (7,121)61 Chevron Corp New Notes 166764BW9 05/11/25 1.554% 3.200% 572,040 564,522 (7,518)62 Apple Inc. 037833BG4 05/13/25 3.200% 0.814% 436,332.00 386,808.00 (49,524)63 The Goldman Sachs Group 38148LAE6 05/22/25 3.750% 1.026% 222,856.00 192,760.00 (30,096)64 National Australia 63254ABD9 06/09/25 3.500% 3.500% 250,000.00 241,637.50 (8,363)65 National Rural Med Term Notes 63743HFE7 06/15/25 3.450% 3.460% 44,987.85 43,298.10 (1,690)66 US Treasury Notes 912828ZW3 06/30/25 0.250% 0.360% 760,883.79 712,271.50 (48,612)67 US Treasury Notes 912828ZW3 06/30/25 0.250% 3.030% 551,627 551,436 (191)68 JP Morgan Chase & Co 46625HMN7 07/15/25 3.900% 1.024% 450,500.00 387,340.00 (63,160)69 GMALT 2021-3 A4 36262XAD6 07/21/25 0.500% 0.501% 69,997.47 68,783.40 (1,214)70 IBM Corporate Notes 459200KS9 07/27/25 4.000% 4.000% 200,000.00 194,738.00 (5,262)71 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 0.410% 499,070.00 457,345.00 (41,725)72 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 3.050% 918,880 914,690 (4,190)73 Buttes Vista 2000-1 AD, 2013 Refunding 09/02/25 2.730% 2.730% 89,774 89,774 -74 Walmart Inc. Corporate Notes 931142EW9 09/09/25 3.900% 3.920% 164,884.50 161,285.98 (3,599)75 Walmart Inc. Corporate Notes 931142EW9 09/09/25 3.900% 4.070% 398,160.00 389,470.37 (8,690)76 Federal Farm Credit Bank 3133ENP95 09/30/25 4.250% 4.191% 1,101,808 1,081,366 (20,442)77 United Health Group 91324PEN8 10/15/25 5.150% 5.150% 69,993.70 69,793.70 (200)

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City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) September, 2023
78 National Rural Med Term Notes 63743HFF4 10/30/25 5.450% 5.500% 64,912.90 64,918.75 679 Citigroup Inc. Corporate Notes (Callable) 172967ND9 11/03/25 1.281% 1.281% 135,000.00 127,502.10 (7,498)80 HAROT 2021-3 A3 43815EAC8 11/18/25 0.410% 0.410% 86,593.57 83,857.58 (2,736)81 Amazon 023135CN4 12/01/25 4.600% 4.600% 624,962.50 617,025.00 (7,938)82 Bank of America Corp Notes (Callable) 06051GKE8 12/06/25 1.530% 1.530% 225,000.00 212,454.00 (12,546)83 US Treasury Notes 91282CBC4 12/31/25 0.380% 0.728% 368,964.85 339,007.50 (29,957)84 HART 2021-B A3 44934KAC8 01/15/26 0.380% 0.390% 113,995.14 110,804.94 (3,190)85 HAROT 2021-4 A3 43815GAC3 01/21/26 0.880% 0.885% 111,404.62 107,083.52 (4,321)86 Bank of America Corp F/R 06051GGZ6 01/23/26 3.366% 1.326% 219,558.00 192,268.00 (27,290)87 Morgan Stanley 61746BDZ6 01/27/26 3.875% 1.270% 224,686.00 191,210.00 (33,476)88 State Street Corp 857477BR3 02/06/26 1.746% 1.750% 65,000.00 61,337.25 (3,663)89 HART 2021-C A3 44935FAD6 05/15/26 0.740% 0.745% 85,667.60 82,808.51 (2,859)90 Carmx 2021-3 A3 14317DAC4 06/15/26 0.550% 0.550% 130,162.56 124,954.49 (5,208)91 MBART 2021-1 A3 58772WAC7 06/15/26 0.460% 0.463% 149,485.27 144,342.42 (5,143)92 TAOT 2022A A3 89239KAC5 06/15/26 0.000% 1.230% 173,806.94 168,002.54 (5,804)93 GM Fin Cons Auto Rec TR 2021 A-3 380140AC7 06/16/26 0.480% 0.480% 78,724.55 76,101.44 (2,623)94 Toyota Motor Credit Corp 89236TJK2 06/18/26 1.125% 1.204% 224,145.00 200,920.50 (23,225)95 VALET 2021-1 A3 92868KAC7 06/22/26 1.020% 1.021% 139,816.73 134,906.06 (4,911)96 COMET 2021-A1 14041NFW6 07/15/26 0.550% 0.550% 279,988.66 268,472.40 (11,516)97 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.030% 910,781.25 901,080.97 (9,700)98 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.040% 1,274,984.38 1,261,405.16 (13,579)99 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.330% 405,544.92 401,225.66 (4,319) 100 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.460% 807,785.16 799,181.84 (8,603)101 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.930% 1,998,632.81 1,977,346.37 (21,286)102 Federal Home Loan Bank 3130AWTQ3 09/11/26 4.625% 4.750% 647,680 644,826 (2,854)103 COPAR 2021-1 A3 14044CAC6 09/15/26 0.770% 0.770% 114,117.53 109,461.32 (4,656)104 TAOT 2022-B A3 89238FAD5 09/15/26 2.931% 2.931% 89,997.89 87,616.80 (2,381)105 GM Fin Cons Auto Rec TR 2021-4 A-3 362554AC1 09/16/26 0.680% 0.681% 94,845.62 90,995.31 (3,850)106 Citigroup Inc. Corporate Notes 172967NX5 09/29/26 5.610% 5.610% 150,000.00 148,474.50 (1,526)107 WOART 2021-D A3 98163KAC6 10/15/26 0.810% 0.813% 130,993.90 126,105.35 (4,889)108 US Treasury Notes 912828U24 11/15/26 2.000% 4.060% 857,648.44 850,824.25 (6,824)109 COMET 2021-A3 A3 14041NFY2 11/16/26 1.040% 1.043% 324,955.22 308,288.50 (16,667)110 Federal Home Loan Bank 3130AQF65 12/21/26 1.250% 4.122% 625,591 625,072 (519)111 Target Corporation 87612EBM7 01/15/27 1.950% 1.990% 39,932.00 36,125.60 (3,806)112 Microsoft Corp 594918BY9 02/06/27 3.300% 4.360% 673,813.00 664,139.00 (9,674)113 Berkshire Hathaway Financial Notes 084664CZ2 03/15/27 2.300% 2.690% 417,260.75 389,865.25 (27,396)114 US Treasury Notes 91282CEF4 03/31/27 2.500% 4.404% 795,716 789,540 (6,176)115 CARMAX 2022-3 A3 14318MAD1 04/15/27 0.000% 3.970% 209,995.04 204,941.10 (5,054)116 US Treasury Notes 91282CEN7 04/15/27 2.750% 3.730% 841,572.27 818,230.00 (23,342)117 UnitedHealth Group 91324PEG3 05/15/27 3.700% 3.710% 39,978.40 37,914.80 (2,064)

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City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) September, 2023
118 NAROT 2022-B A3 65480JAC4 05/17/27 4.580% 4.460% 174,963.79 171,675.00 (3,289)119 US Treasury Notes 91282CFB2 07/31/27 2.750% 3.510% 2,523,015.63 2,471,298.09 (51,718)120 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.060% 1,663,798.83 1,629,693.78 (34,105)121 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.150% 2,463,804.69 2,413,300.88 (50,504)122 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.420% 1,385,750.98 1,357,345.44 (28,406)123 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.551% 1,568,873.05 1,536,713.82 (32,159)124 MBART 2022-1 A3 58768PAC8 08/16/27 5.210% 5.210% 349,930.77 347,686.50 (2,244)125 Buttes Vista 2002-1 AD, 2013 Refunding 09/02/27 2.730% 2.730% 177,822 177,822 -126 Apple Inc 037833DB3 09/12/27 2.900% 3.940% 286,863.00 277,023.00 (9,840)127 Apple Inc 037833DB3 09/12/27 2.900% 4.135% 473,730 461,705 (12,025)128 DCENT 2022-A4 A 254683CX1 10/15/27 0.001% 5.030% 239,969.11 238,027.20 (1,942)129 Pepsico 713448DY1 10/15/27 3.000% 4.238% 711,060 696,360 (14,700)130 Federal Farm Credit Bank 3133EN5N6 01/06/28 4.000% 3.891% 433,099 417,855 (15,244)131 American Honda Finance 02665WED9 01/12/28 4.700% 4.341% 608,940 583,044 (25,896)132 Bristol Myers Squibb 110122DE5 02/20/28 3.900% 4.930% 334,379.50 330,785.00 (3,595)133 Astrazeneca Finance 04636NAF0 03/03/28 4.875% 4.920% 324,343.50 319,302.75 (5,041)134 Mastercard 57636QAW4 03/09/28 4.875% 4.900% 324,684.75 322,556.00 (2,129)135 Federal Home Loan Bank 3130ATS57 03/10/28 4.500% 4.114% 1,017,260 994,620 (22,640)136 Nestle Holdings, Inc 641062BF0 03/14/28 5.000% 5.010% 674,824.50 670,916.25 (3,908)137 Home Depot Inc Corporate Notes 437076CE0 03/15/28 0.900% 4.193% 511,974 500,754 (11,220)138 Merck & Co Inc Corp Notes 58933YBH7 05/17/28 4.050% 4.070% 139,886.60 134,716.40 (5,170)139 US Treasury Notes 91282CCE9 05/31/28 1.250% 3.991% 1,228,395 1,202,306 (26,089)140 DCENT 2023-A2 A 254683CZ6 06/15/28 0.000% 4.930% 349,952.72 345,719.50 (4,233)141 DCENT 2021-A1 A1 254683CP8 09/15/28 0.580% 0.584% 249,946.48 237,675.00 (12,271)142 Staple/Ashley/Cornwell AD 09/02/30 6.000% 6.000% 69,309 69,309 -143 WWTP Solar System (DS, June 30) 06/30/33 4.000% 4.000% 1,405,736 1,405,736 - --
Total City Held Investments $ 145, 148,539,411 $ (2 566,851 $ ,972,560)

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City of Yuba City Investment Report
Investments Held By Trustees
Description of Maturity Coupon Yield Estimated Unrealized No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss) 143 2013 Water Rev COP Debt Service Blackrock T-Fund Daily 5.230% 5.230% 1,430 $ 1,430 - 144 Interest Blackrock T-Fund Daily 0.000% 0.000% 0 0 -145 TABs Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 2,229 2,229 - 146 Interest Blackrock T-Fund Daily 5.230% 5.230% 11,919 11,919 -147 Interest Blackrock T-Fund Daily 0.000% 0.000% - - -148 Principal Blackrock T-Fund Daily 5.230% 5.230% 1,089 1,089 -149 Reserve Blackrock T-Fund Daily 0.000% 0.000% 0 0 -150 Reserve Assured Guaranty Daily 0.000% 0.000% 1,870,568 1,870,568 -151 Reserve Blackrock T-Fund Daily 5.230% 5.230% 480,607 480,607 -152 Gauche Park Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 674 674 - 153 Debt Service Blackrock T-Fund Daily 0.000% 0.000% - - -154 Reserve Assured Guaranty Daily 0.000% 0.000% 650,031 650,031 -155 CFD Refund 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 3,263 3,263 -156 Reserve Blackrock T-Fund Daily 5.230% 5.230% 42,970 42,970 -157 I-Bank Paymnt Blackrock T-Fund Daily 5.230% 5.230% 105 105 - 158 Wastewater Revenue Bonds (CREBS) - 2017 Bond Blackrock T-Fund Daily 5.230% 5.230% 407 407 -159 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 0.000% 0.000% - - 160 Bond Blackrock T-Fund Daily 4.730% 4.730% 1,051 1,051161 Project First Am Treas Obl Daily 4.730% 4.730% 20,557 20,557 Total Trustee-Held Investments $ 3,086,901 $ 3,086,901 $ - TOTAL CITY & TRUSTEE-HELD INVESTMENTS $ 151,626,311 $ 148,653,751 $ (2,972,560) Signed: Date:

Spencer Morrison, City Treasurer/s/ Spencer Morrison 12/4/2023 September, 2023
I certify to the best of my knowledge: (i) That this statement reflecting all City investments is accurate and complete; (ii) That each investment conforms with the City's investment policies,as well as California's Government Code; and (iii) That sufficient cash flow liquidity is available to meet the next six months of estimated disbursements.

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Balance Balance Period
Account Types 6/30/2023 9/30/2023 Activity
City Held Investments Local Agency Investment Fund 61,876,248 $ 43,903,356 $ (17,972,892) $ California Asset Management Program 10,938,754 12,604,785 1,666,031 Cash/Money Market 9,506,874 9,205,058 (301,816)
Federal Agency Securities 11,847,274 11,946,330 99,056
US Treasuries 42,600,040 43,587,136 987,096
Certificates of Deposit 1,046,940 1,049,560 2,620
Corporate Bonds and Asset Backed Sec. 20,871,872 20,552,820 (319,052) City-held Assessment Districts & Municipals 2,149,307 1,919,611 (229,696) Supranationals 792,758 798,195 5,437
Total City Held Investments 161,630,066 $ $ 145,566,851 $ (16,063,216) Trustee Held Investments Water Refunding 2013 $ 1,412 $ 1,430 $ 18 TABs Refunding - 2015 2,365,306 2,366,412 1,105 Gauche Park Refunding 650,697 650,706 8 Sunsweet CFD Refund 44,240 46,338 2,099 Wastewater Revenue Bonds - 2017 402 407 5
Wastewater Revenue Bonds - 2018 21,070 21,608 538
Total Trustee Held Investments 3,083,126 3,086,901 $ 3,774 Total 164,713,193 $ $ 148,653,751 $ (16,059,442)
City of Yuba City - Quarterly Investment Transaction Report September 2023 - Market Value Summary

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Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis COPAR 2021-1 A3 07/17/23 09/15/26 07/17/23 Sold 0.770% 0.770% 2,139.98 HART 2021-C A3 07/17/23 05/15/26 07/17/23 Sold 0.740% 0.745% 2,215.64 CARMAX 2021-3 A3 07/17/23 06/15/26 07/16/23 Sold 0.550% 0.550% 8,600.26 GM Fin Cons Auto Rec TR 2021-4 A-3 07/17/23 09/16/26 07/16/23 Sold 0.680% 0.681% 3,717.68 GM Fin Cons Auto Rec TR 2021 A-3 07/17/23 06/16/26 07/16/23 Sold 0.480% 0.480% 6,031.40 HART 2021-B A3 07/17/23 01/15/26 07/15/23 Sold 0.380% 0.390% 10,630.13 MBART 2021-B A3 07/17/23 11/15/24 07/15/23 Sold 0.400% 0.400% 12,980.00 MBART 2021-1 A3 07/17/23 06/15/26 07/15/23 Sold 0.460% 0.463% 12,272.45 WOART 2021-D A3 07/17/23 10/15/26 07/15/23 Sold 0.810% 0.813% 8,357.71 HAROT 2021-3 A3 07/18/23 11/18/25 07/18/23 Sold 0.410% 0.410% 7,590.85 VALET 2021-1 A3 07/20/23 06/22/26 07/20/23 Sold 1.020% 1.021% 10,418.04 HAROT 2021-4 A3 07/21/23 01/21/26 07/21/23 Sold 0.880% 0.885% 3,262.70 US Treasury Notes 07/31/23 07/31/23 07/31/23 Matured 0.125% 1.009% 671,077.00US Treasury Notes Citigroup Global Markets, Inc. 08/04/23 02/15/24 08/03/23 Sold 2.750% 4.640% 862,968.75COPAR 2021-1 A3 08/15/23 09/15/26 08/15/23 Sold 0.770% 0.770% 6,791.48 CARMAX 2021-3 A3 08/15/23 06/15/26 08/15/23 Sold 0.550% 0.550% 7,895.49 HART 2021-B A3 08/15/23 01/15/26 08/15/23 Sold 0.380% 0.380% 10,471.07 HART 2021-C A3 08/15/23 05/15/26 08/15/23 Sold 0.740% 0.750% 6,065.82 MBART 2021-B A3 08/15/23 11/15/24 08/15/23 Sold 0.400% 0.400% 10,971.80 MBART 2021-1 A3 08/15/23 06/15/26 08/15/23 Sold 0.460% 0.460% 11,532.10 WOART 2021-D A3 08/15/23 10/15/26 08/15/23 Sold 0.810% 0.810% 7,543.43 GM Fin Cons Auto Rec TR 2021-4 A-3 08/16/23 09/16/26 08/16/23 Sold 0.680% 0.680% 5,665.36 GM Fin Cons Auto Rec TR 2021 A-3 08/16/23 06/16/26 08/16/23 Sold 0.480% 0.480% 5,552.30 HAROT 2021-3 A3 08/18/23 11/18/25 08/18/23 Sold 0.410% 0.410% 7,228.28HAROT 2021-4 A3 08/21/23 01/21/26 08/21/23 Sold 0.880% 0.890% 7,672.49VALET 2021-1 A3 08/21/23 06/22/26 08/20/23 Sold 1.020% 1.020% 9,263.51FHLMC (Freddie Mac) 09/08/23 09/08/23 09/08/23 Matured 0.250% 0.234% 600,000.00TAOT 2022-A A3 09/15/23 06/15/26 09/15/23 Sold 1.230% 1.230% 1,163.51 COPAR 2021-1 A3 09/15/23 09/15/26 09/15/23 Sold 0.770% 0.770% 6,948.85 CARMAX 2021-3 A3 09/15/23 06/15/26 09/15/23 Sold 0.550% 0.550% 8,701.40 HART 2021-B A3 09/15/23 01/15/26 09/15/23 Sold 0.380% 0.380% 10,192.50 HART 2021-C A3 09/15/23 05/15/26 09/15/23 Sold 7.400% 0.745% 6,031.81 MBART 2021-B A3 09/15/23 11/15/24 09/15/23 Sold 0.400% 0.400% 12,481.42 MBART 2021-1 A3 09/15/23 06/15/26 09/15/23 Sold 0.460% 0.460% 11,379.14 WOART 2021-D A3 09/15/23 10/15/26 09/15/23 Sold 0.810% 0.810% 8,087.12 US Treasury Notes Citigroup Global Markets, Inc. 09/15/23 06/30/24 09/14/23 Sold 3.000% 3.410% 1,275,320.31GM Fin Cons Auto Rec TR 2021-4 A-3 09/18/23 09/16/26 09/16/23 Sold 0.680% 0.680% 5,768.92 GM Fin Cons Auto Rec TR 2021 A-3 09/18/23 06/16/26 09/16/23 Sold 0.480% 0.480% 5,712.83 HAROT 2021-3 A3 09/18/23 11/18/25 09/16/23 Sold 0.410% 0.410% 7,121.65 VALET 2021-1 A3 09/20/23 06/22/26 09/20/23 Sold 1.020% 1.020% 9,679.79 HAROT 2021-4 A3 09/21/23 01/21/26 09/21/23 Sold 0.880% 0.880% 7,636.71 $ 3,695,142
US Treasury Notes Bank of New York 07/31/23 03/31/27 07/27/23 Buy 2.500% 4.404% 795,715.74 US Treasury Notes Bank of Montreal 08/04/23 07/31/27 08/03/23 Buy 2.750% 4.420% 1,385,750.98Federal Home Loan Bank (FHLB) Citigroup Global Markets, Inc. 09/08/23 09/11/26 09/05/23 Buy 4.625% 4.750% 647,679.50 US Treasury Notes JP Morgan Chase 09/15/23 07/31/27 09/14/23 Buy 2.750% 4.551% 1,568,873.05 Total Purchases $ 4,398,019
Investment Activity
July, August, September 2023

SALES/REDEMPTIONS
Total Sales/Redemptions

PURCHASES

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Agenda Item 11

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: City Water Service Connection - Surinder Gurcha and Kulwant Gurcha for property at 2618 Railroad Ave
Recommendation: Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 2618 Railroad Avenue for connection to City water service following approval as to legal form by the City Attorney
Fiscal Impact: Water connection fees payable by the property owner to the City estimated to be $25,492, plus monthly water usage fees, subject to adjustment.

Purpose:

To provide a Sutter County resident with City water service within the City's Sphere of Influence.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goals of improving the City's Infrastructure and quality of life by providing services that serve and protect residents.

Background:

On August 25, 2023, the owners of 2618 Railroad Avenue inquired with City staff regarding options to connect to the City’s water service. The residents expressed adverse reactions to the water supplied by the well on site, and desired to connect to City water in hopes of avoiding these adverse effects. The owner desires to have the house connected to City water, but keep the existing well active for landscape and irrigation needs.

The property is located outside the current City limits, but is within the City’s Sphere of Influence, as well as the Bogue Stewart Master Plan area. At the March 5, 2019 City Council meeting, policy was established, in coordination with Sutter LAFCO authorization, to allow existing homes within the Sphere of Influence, but outside the City limits, to connect to City services if the parcel is willing to enter into an extraterritorial service agreement (agreement).

City staff have consulted with the residents of the property and discussed the process of connecting to the City’s water system. The owner was provided a quote for the fees associated with connecting to City water and is willing to pay the full connection fees. The owner is agreeable to signing an

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extraterritorial service agreement (Attachment 1, Exhibit A) and will also pay all construction costs to connect to City water. The agreement will establish guidelines for the connection to the City’s water system, such as documenting any additional equipment needed for preventing a cross connection, the fees schedule, the terms of the agreement, etc.

Analysis:

Implementation of the agreement will be subject to the 14-inch transmission line being extended. The existing 14-inch transmission line is planned to be extended south on Railroad Ave from Tuscan Road as part of the Barry School Elementary Waterline Extension Project (Project) in 2024. It will be the owner’s responsibility to connect to the new transmission line by coordinating with the Project Contractor privately, or through the City, to complete the water service installation from the new transmission line to a new meter at the property line. All additional plumbing from the meter to the house will also be the owner’s responsibility.

The owner has an existing well on the property and will need to install a backflow regulator to ensure there is no cross contamination with the City’s water distribution system. The extraterritorial service agreement will require proper equipment to be installed and establish procedures for use payment.

Fiscal Impact:

Water connection fees payable by the property owner to the City are estimated to be $25,492, including fees for water service connection, extension, cellular meter, and service fees. The owner will also be assessed monthly usage fees based on the size of the meter installed in accordance with the City’s fee schedule.

Alternatives:

1. Do not approve the agreement for a water service connection. The owner would need to pursue other solutions to improve the well water.

2. Modify the terms of the agreement by providing direction to staff.

Recommendation:

Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 2618 Railroad Avenue for connection to City water service, following approval as to legal form by the City Attorney.

Attachments:

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

Nick Menezes
Associate Civil Engineer
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTRATERRITORIAL SERVICE

AGREEMENT WITH SURINDER GURCHA AND KULWANT GURCHA FOR THE PROPERTY LOCATED AT 2618 RAILROAD AVENUE FOR CONNECTION TO CITY WATER SERVICES WHEREAS, the property owner of 2618 Railroad Avenue has approached the City with a written request to connect to the City’s water system; and
WHEREAS, the property is located outside of the current City limits, but within the sphere of influence, as well as the Bogue Stewart Master Plan area; and WHEREAS, at the March 5, 2019 City Council meeting, policy was established, in coordination with Sutter LAFCO authorization, to allow existing homes within the sphere of influence, but outside City limits, to connect to City services if the parcel is willing to enter into an extraterritorial service agreement; and
WHEREAS, the property owner is informed of the required connection fees and terms of the extraterritorial service agreement (Exhibit A) and agreeable to entering into said agreement.

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 authorizes the City Manager to execute an extraterritorial service agreement with Surinder Gurcha and Kulwant Gurcha, owners of the property located at 2618 Railroad Avenue, for connection to City water service, following approval as to legal form by the City Attorney.

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

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APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Draft Extraterritorial Water Service Agreement

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EXHIBIT “A”

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Extra Territorial Service and Infrastructure Agreement
-1-
Recording Requested by and
When Recorded Return to:

City Clerk
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
NO FEE-Government Code §6103
(Space Above This Line for Recorder’s Office Use Only)

EXTRATERRITORIAL WATER SERVICE AGREEMENT
This EXTRATERRITORIAL WATER SERVICE AGREEMENT (“Agreement”) is made and entered into this ________ day of December, 2023 (the “Commencement Date”), by and between SURINDER GURCHA AND KULWANT GURCHA, (“Owner”), and the CITY OF YUBA CITY, a California municipal corporation (“City”).

RECITALS
A. Owner represents it has acquired lawful title to property identified by Sutter County Assessor’s Parcel Number 23-101-046, located at 2618 Railroad Ave, Yuba City, CA, 95991 (the “Property”), as more particularly described in Exhibit “A.” B. The Property is located outside of the incorporated boundaries of City within Sutter County, and neither Sutter County nor any other public agency currently provides water service to the Property. The Property is located within the City’s sphere of influence, but outside the City’s existing boundaries.

C. California Government Code § 56133(b) permits a City to provide new or extended services by agreement outside its jurisdictional boundaries but within its sphere of influence, in anticipation of a later change of organization, and with written approval from Sutter Local Agency Formation Commission (“LAFCO”), which may have previously been provided by resolution.

D. The City and Owner both agree it is not necessary for the Property to be annexed into the City at this time.

E. City currently owns and operates a water distribution system and storage tank which conveys potable water originating in its service area through the City’s transmission system. This water distribution system includes a 14-inch transmission main along Railroad Avenue terminating at Tuscan Road. In response to a request by the State Water Board Division

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Extra Territorial Service and Infrastructure Agreement
-2-
of Drinking Water regarding water quality, the City will expand its water distribution system and extend the 14-inch transmission main south along Railroad Avenue beginning at Tuscan Road. In response to a request by Owner, City recently produced a quote of the costs for connecting to the City’s water system and the Owner would like to connect to water service at Owner’s cost. The City’s water distribution system is referred to herein as “Distribution System.” The City’s water service line is referred to herein as “City Water Service Line.” F. Owner has agreed to make payments described herein with respect to the water service for the Property in accordance with the fees and rates set by the City for its users, and to comply with City’s Municipal Code as may be amended from time to time, as more fully set forth herein.

G. This Agreement is intended to comply with LAFCO requirements for an extraterritorial water service agreement with City.

H. The City has identified options to provide water supply to the Owner to accommodate the Owner’s water demands at the Extraterritorial Property, provided the Owner meet certain conditions as set forth below.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, agree as follows:

ARTICLE I. RIGHTS AND OBLIGATIONS

1. Recitals Incorporated. The recitals set forth above are true and correct and are hereby incorporated into and made a part of this Agreement.

2. Term, Ownership, and Effectiveness of Agreement: This Agreement shall become effective when executed by both parties hereto. The Agreement shall continue in perpetuity or until such time as the Property is annexed into the corporate boundaries of City. At such time, the Owner shall have such rights, privileges, and duties, including fees and rates, as all other City citizens for the then current water service classification. The City and Owner agree that should the City ultimately annex the Property in the future into the City, the Owner will not contest annexation. Owner intends that this Agreement shall constitute its written consent to the annexation of the lands described herein and shall bind its heirs, successors, grantees and/or assigns, and all persons having or acquiring any interest subsequent hereto in said lands, and shall constitute by this Agreement a covenant running with the land and binding upon said successors, grantees and/or assigns that they in fact consent to the annexation of said lands to City and shall execute whatever documentation as may be necessary and do all things required of them to effectuate the annexation at such time as City deems annexation to be in its best interest.

3. Location for Connection to City Water Distribution System. Owner and City acknowledge the nearest City municipal water distribution system to serve the Property will be at the Connection Point. The Connection Point is defined as the downstream side of the water

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meter. Connection to City’s Water Distribution System by Owner shall be made at this location.

City shall connect, at Owner’s sole cost and expense, the service line from the City’s 14-inch Water Transmission Main on the west side of Railroad Avenue downstream to the Connection Point.

4. Metered Service Connection. The City will install a meter on Owner’s property.

The Owner will pay for installation, maintenance and repair of the meter, unless damaged by the City. All costs and expenses incident to any connection to the Water Distribution System from private property are to be borne by the property owner or water user, who shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of water lines or appurtenances thereto.

5. New Water Service Line. Owner, at their sole expense and without reimbursement from the City, shall be required to install a water line as necessary to connect to the City’s Water Distribution System from the Property downstream from the meter. Owner shall represent, warrant, and covenant to the City that Owner completed all necessary construction/installation from the Property to the Connection Point (“New Water Service Line”) after receiving all respective County of Sutter and City permits and that the New Water Service Line was constructed in accordance with all respective laws and standards. Both the County of Sutter and the City have signed off on all permits for the construction of the New Water Service Line.

6. System Facilities. Owners shall be responsible for the operation, maintenance and repair of all components of the New Water Service Line downstream from the meter. Under no circumstances shall the City be required to maintain, repair or replace the New Water Service Line unless and until the City, at its sole discretion and option, accepts dedication of the water system or any portion thereof in increments at some future date. Any other water system installed by Owner on the Property connected to a well or other source of water not from the City’s Water Distribution System is not part of the New Water Service Line, and shall be private (“Private Water System”). It is the sole responsibility of Owner to repair, maintain, and replace all Private Water System, and City shall have no responsibility or liability for these Private Water System.

Owner shall obtain all necessary permits or other approvals necessary for constructing and connecting Owner’s Private Water System.

7. Disconnecting of Existing On-Site Private Water System(s). Owner shall disconnect all existing on-site Private Water System(s) on the Property per County standards, and any Private Water System shall be fully separated from and not connected to the City’s Water Distribution System and New Water Service Line effective as soon as the service line is extended from Railroad Avenue to the Connection Point and the meter is installed. A backflow regulator shall be installed at Owner’s expense to ensure no future connections can contaminate the City’s Water Distribution System. Owner will be required to comply with City’s Municipal Code as may be amended from time to time. Owner shall not apply any water obtained from onsite wells to the City’s Water System.

8. No Representation Regarding Water Service, Pressure, or Volume For Any Private Water System. The Owner agrees that there is no guarantee, warranty, or other

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representation regarding water service, pressure, volume, or quality from the City or associated with water service from the City. This would include no guarantee, warranty or representation that the Owner or any other users on the Property will not have allergic or other reactions to the City’s water. The City specifically disclaims any kind of representation, warranty, or guaranty, of any private water system.

9. City to Provide Water Services. Upon Owner’s full and complete performance of all of Owner’s obligations and responsibilities under this Agreement and completion of construction of the City’s expansion of a 1.5-inch water line from the existing termination at Railroad Avenue to the Connection Point, City agrees to provide Owner’s Property with water services from City’s Water Distribution System and Water Treatment Plant. City’s obligation to provide Owner’s Property with water services from City’s Water Distribution System is conditioned upon City and Owner obtaining the consent of all applicable governmental agencies.

As a condition to providing water service, City shall have the right of access to water meters, including any required irrigation meter(s), whether located on City-owned real property, New Water Service Line, or the Property. Owner shall promptly notify the City of any repairs or replacement of damaged water meters. The City shall respond to such notifications in a reasonable amount of time.

10. Obligations and Responsibilities of Owner to Pay for Municipal Utility Services Provided by City. Owner agrees to promptly pay to City any and all statutory and/or customary connection and service fees adopted by the City for users connecting to the City’s water system and related items, as well as any cost of construction of a water line to the Connection Point. A detailed quote with current fees can be found in Exhibit “B” attached hereto and incorporated by reference. Owner agrees to apply to City for a municipal utility water account, maintain its water municipal utility water service account with City in a current status and comply with – and be subject to – City’s Municipal Code, as subsequently updated or amended. Owner acknowledges and agrees that if the water bill is not paid on or before the 45th day after the bill was sent, service may be discontinued. A delinquency charge will be made and collected prior to renewing service following the discontinuance. Payments must be made prior to 8:30 a.m. on the scheduled discontinuance day. A payment drop box is available at the entrance of City Hall.

11. Inspection. City shall have the right to inspect and examine the Water Distribution System at any time, including during construction and operation of any portion of the New Water Service Line, and the right to access all water meters.

12. Indemnification of City: To the greatest extent allowed by law, Owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Owner or any other person, and from any and all claims, demands, liabilities, damages, and actions in law or equity (including attorney’s fees and litigation expenses incurred by City or held to be the liability of the City, including plaintiff’s attorneys’ fees if awarded), arising or alleged to have arisen directly or indirectly out of (a) the making of this Agreement; (b) the performance of this Agreement; (c) the performance of any or all work to be done in and upon the street rights-of-way, upon the Property or premises

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adjacent thereto pursuant to this Agreement; (d) arising or alleged to have arisen directly or indirectly in any way related to the design, construction, installation, maintenance and operation of City Water Distribution System or New Water Line by anyone occupying any portion of the Property, including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses, and attorney fees arising from inadequate flow, blockage, backflow, water quality, etc. Owner’ obligations under the preceding sentence shall apply regardless of whether Owner or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. This section shall survive termination or expiration of this Agreement.

13. Covenants Running with the Land. Owner acknowledges and agrees all of Owner’ covenants, agreements, promises, representations, and warranties as set forth in this Agreement are covenants running with Owner’ Property as defined in the applicable provisions of Sections 1457 et seq. of the California Civil Code, shall be in favor of and for the benefit of City and shall be enforceable by City. Owner’ covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with the Property and shall be binding on Owner and Owner’ successors, assigns, lessees and all parties and persons claiming under them. Owner consents to this Agreement being recorded as covenant running with the Property.

14. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto.

15. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth on the signature page of this Agreement, or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. All notices regarding any new or increased fee or rate increases affecting the applicable fees and rates in this Agreement, shall be provided in the same manner provided to all customers subject to the new or increased fees and charges.

16. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, both parties.

17. Compliance with the Law. In providing the services required under this Agreement, Owner shall at all times comply with all applicable laws of the United States, the State of California, and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. Owner, not City, is responsible for determining applicability of and compliance with all local, State and federal laws including,

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without limitation, the California Labor Code, Public Contract Code, Public Resources Code, Health & Safety Code, and Government Code; and the Yuba City Municipal Code. City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties’ respective rights or obligations hereunder including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity, to any person for Owner’ failure to comply with any such laws, whether City knew or should have known of the need for Owner to comply, or whether City failed to notify Owner of the need to comply.

18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

19. Public Health, Safety and Welfare. Nothing contained in this Agreement shall limit City’s authority to exercise its police powers, governmental authority, or take other appropriate actions to address issues of public health, safety, and welfare as deemed appropriate by City in its sole determination and discretion.

20. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.

21. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

22. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

23. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

24. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees, costs and legal expenses.

25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

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26. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto, which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.

27. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.

28. Amendment, Etc. No amendment or waiver of any provisions of this Agreement, or consent to any departure from its terms, shall be effective unless the same shall be in writing and signed by the parties hereto.

29. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, except Owner (i) cannot seek money damages or pursue an action in law; and (ii) is instead limited to bringing a proceeding in the nature of specific performance, injunctive relief or mandamus, or any other action in equity to require good-faith compliance with this Agreement, such as an action to provide Owner’s Property with sewer services from City’s Water Distribution System.

30. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

31. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

32. Third Party Approvals. The Parties acknowledge that there are approvals from third parties (such as those involving public utilities, railroad right-of-way, etc.) that are required to allow the City providing Owner’s Property with water services from the City’s Water Distribution System. The approvals are conditions precedent to performance, and the City shall seek said third-party approvals in good faith.

33. Execution in Counterparts. This Agreement may be executed in counterparts, all of which taken together shall constitute an original hereof.

IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.

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CITY:

CITY OF YUBA CITY,
a California municipal corporation
By:

Shon Harris, Mayor
ATTEST:

By:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

By:

Shannon L. Chaffin
City Attorney
****SIGNATURES CONTINUE ON NEXT PAGE ****

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“OWNER”:

SURINDER GURCHA AND KULWANT GURCHA
By:

Signature Notarized
Address: 2618 Railroad Avenue,
Yuba City, CA
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.

State of California )
County of Sutter )
On ____________________, 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.

Signature

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“OWNER”:

SURINDER GURCHA AND KULWANT GURCHA
By:

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.

Signature

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01248.0026/581012.1
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

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01248.0026/581012.1
EXHIBIT “B”

WATER CONNECTION QUOTE

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Effective July 1, 2023 CITY OF YUBA CITY
Development Services Department - Building Division

BUILDING PERMIT FEE CALCULATION WORKSHEET
Date Project Type:

Address Assessor’s Parcel Number
Occupancy Class Type of Construction Square Footage Valuation Building Fees ( Fee applied to all permits) Water & Sewer Fees Building Permit Fee Calculation Table SEWER CONNECTION: (proportionate share of treatment plant) Single Family Dwelling (each) X $6,753.17 =
Project Valuation (see Building Valuation Data sheet) Valuation Multiplier Multi-Family (per unit) X $6,077.54 = 0 – 5,300 252.76 Flat Fee Commercial/Industrial $273.50 per fixture unit (new fixtures/fixture units added) 5,301 – 25,000 .033 Lavatory/wash basin (1 unit) 1 X X $273.50 = 25,001 – 50,000 .020 Bathtub/shower (2 units) 2 X X $273.50 = 50,001 – 250,000 .010 Water closet (tank) (4 units) 4 X X $273.50 = 250,001 – 500,000 .009 Urinals (2 units) 2 X X $273.50 = 500,001 – 1,000,000 .006 Sink/laundry tub (3 units) 3 X X $273.50 = Over 1,000,000 .007 Dishwasher/clothes washer (3 units) 3 X X $273.50 =  BUILDING FEE: (Minimum Building Fee $252.76) (Parking lot permit is minimum fee) Drainage fixture unit equivalents based on trap size for other types of fixtures/drains:

Building Permit Fee (Valuation X Valuation Multiplier-see table above) = 1 ¼” trap size (1 unit) 1 X X $273.50 = ➢ OR: Water Heater Permit, $168.06 = 1 ½” trap size (3 units) 3 X X $273.50 = ➢ OR: Demolition or Occupancy Permit, $337.49 = 2” trap size (4 units) 4 X X $273.50 = ➢ OR: Residential Solar Panel Permit, $504.18 = 3” trap size (6 units) 6 X X $273.50 = ➢ OR: Manufactured dwelling/coach, $843.03 = 4” trap size (8 units) 8 X X $273.50 = PLAN CHECK FEE: (Applies to permits requiring plans) TOTAL = Residential: 50% of Building Permit Fee (hourly after 3rd check @ $168.06/hr) = SEWER EXTENSION FEES: (reimbursement of main line construction cost) Commercial: 65% of Building Permit Fee (hourly after 3rd check @ $168.06/hr) = Property Front Footage X $41.45 =  SEISMIC (SMIP) FEE: Per $1,000 of Valuation (min. $0.50) WATER CONNECTION: (proportionate share of treatment plant) Resid. - Valuation X $0.13/1k = 1” (each) 25 GPM X $8,944.81 = Cmml. – Valuation X $0.28/1k = 1 ½” (each) 50 GPM X $17,889.61 =  GIS/ TECHNOLOGY FEE: Per $1,000 of Valuation (min. $0.95) 2” (each) 100 GPM X $35,779.24 = Valuation X $0.95/1k = 3” (each) 400 GPM X $143,116.96 =  GREEN BUILDING FEE: Per $1,000 of Valuation-fee rounded up to next whole $ 4” (each) 800 GPM X $286,233.86 = Valuation X $0.04/1k = TOTAL =
CITY BUSINESS LICENSE FEE: Per $1,000 of Valuation (contractor’s only) WATER SERVICE TIE-IN: (cost of labor for City to stub in new service from main line) Valuation X $0.44/1k = Price quote for water services larger than 2” available upon request.

GILSIZER DRAINAGE DISTRICT FEE: (see map of district) 1” (each) X $5,271.35 = $0.184 per square foot of new impervious area 1 ½” (each) X $6,379.14 = Sq. Ft. X $0.184 = 2” (each) X $6,799.88 =
AIR QUALITY: (applies only to new construction) TOTAL = Residential $15.00 X Units = WATER METER: (every new non-private meter is assessed a connection fee) Commercial $0.06 X Sq. Ft. = Price quote for water meter sizes larger than 2” available upon request.

Industrial $0.04 X Sq. Ft. = 1” (each) X $714.08 =
MISCELLANEOUS PLAN REVIEW FEES: 1 ½” (each) X $967.55 = Fire Department Plan Review (24% of Bldg Plan review, minimum $197) = 2” (each) X $1,246.75 = Planning Dept Plan Review (See Planning Fee Schedule) = 1” Dual–Fire Serv. X $904.51 = Engineering Plan Review fee (2% of engineer’s estimate of civil site work) = TOTAL = Bldg Admin. Fee (permit tech plan review fee/OTC review), $210.39/ea. = WATER EXTENSION FEES: (reimbursement of main line construction cost) MISCELLANEOUS PERMIT FEES: Residential Property Front Footage X $37.25 = After Business Hours Inspection, $252.76 per hour (2 hr. min.) = Cmml./Ind. Property Front Footage X $40.19 = Re-inspection Fee or Special Inspection, $168.06 per hour = HOT TAP FOR FIRE SERVICE:

SPECIAL DISTRICT AND SPECIAL ASSESSMENT FEES: 4” X $5,484.91 = West Yuba City Sewer Trunk, Residential - $2,044.92.10/lot (see map of district) = 6” X $5,742.23 = West Yuba City Sewer Trunk, Commercial $81.72/plumbing fixture unit (see map) = 8” X $6,330.26 = DEVELOPMENT IMPACT FEES (applies to all new construction) RELOCATE WATER METER:

IMPACT FEE: CITY COUNTY = Combined Total Each Meter X $1,242.89 = Single Family (per unit) $15,052.62 $3,596.00 = BUILDING PERMIT FEE PAYMENT SCHEDULE:

Duplex (per unit) $14,725.36 $3,116.00 = PLAN CHECK FEES: due at application = Multi-Family (per unit) $9,875.29 $2,577.00 = PERMIT FEES: due at permit issuance = Mobile Home(per unit) $9,337.37 $2,145.00 = SWRi/WTRii CONNECTION FEES: = Office (per sq. ft.) $4.27984 $0.823 = IMPACT FEESiii: due at permit or certificate of occupancy* = Commercial (per sq. ft.) $6.13856 $0.577 = TOTAL PERMIT FEES: = Industrial (per sq. ft.) $0.86572 $0.289 =
* Note, gas tag will not be issued prior to payment of sewer/water and development impact fees.  ESTIMATED FEE  ACTUAL FEE
Prepared By:

Special District Impact Fees:

Butte Vista Neighborhood Impact Fee: (see map of district) Single Family (per unit) $1,832.04 X Units = Other fees not included in quote:

School District Fees – contact YCUSD 822-7621
Sutter County Drainage Zone Fee – contact Sutter County 822-7450 Duplex (per unit) $1,701.19 X Units =
Multi-Family (per unit) $1,406.71 X Units =
1201 Civic Center Blvd. ⚫ Yuba City, CA 95993 ⚫ (530) 822-4629 ⚫ FAX (530) 822-7575 ⚫ www.yubacity.net

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i Water Connection
The amount of the connection charges to be paid shall be those charges in effect at the time of building permit issuance. per Sec.6-6.05 (k)
ii Sewer Connection
The amount of the impact fees to be paid shall be those fees in effect at the time the fees are paid at either the issuance of a building permit or certificate of occupancy. per Sec.6-5.503 (b)
iii
Impact Fees
The Development impact fee shall be paid at the option of the developer at either the issuance of a building permit or at a certificate of occupancy for a proposed development project – not at the date of application for a building permit. The amount of the impact fees to be paid shall be those fees in effect at the time the fees are paid at either the issuance of a building permit or certificate of occupancy. Exceptions to this requirement may be negotiated between the developer and the City as part of the entitlement and agreement process, subject to City Council approval.

Per Resolution 11-016

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Agenda Item 12

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: Appointment to City of Yuba City Personnel Board Recommendation: Approve the City Council Screening Committee Recommendation for one (1) Appointment to the Personnel Board
Fiscal Impact: None
Purpose:

To fill an unexpected vacancy on the City of Yuba City Personnel Board.

Background:

The City Council Screening Committee, consisting of Mayor Kirchner and Vice-Mayor Harris, held interviews in October 2023 for one vacancy on the Personnel Board.

The following recommendation is being made at this time:

Recommendation Commission Term Ending
Tanna Thomas Personnel Board 06/30/2024*
*This appointment will allow Tanna Thomas to complete the unexpired term of the vacant seat which ends 06/30/24. At the direction of Mayor and Council, Tanna Thomas may be re-appointed to full 4- year term in June 2024.

Fiscal Impact: None
Recommendation:

Approve the City Council Screening Committee Recommendation for one (1) Appointment to the Personnel Board.

Attachments:

None

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Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

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Agenda Item 13

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: City of Yuba City Advisory Board Appointment List Recommendation: Note and File the 2023 Local Appointment List and Direct Staff to post on the City’s website
Fiscal Impact: None
Purpose:

To post an appointment list of the City’s Advisory Boards in accordance with Government Code Section 54972 (the Maddy Act).

Background:

On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list shall be known as the Local Appointments List. The list shall contain the following information:
(a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
(b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

The legislative body shall either post a copy of the list on its website or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.

Analysis:

The City of Yuba City operates under the City Council-Manager form of government with five elected City Council members. The Mayor and Vice-Mayor are elected by the City Council annually at the first meeting in December. Open positions on the City’s advisory boards are advertised on the City’s Website, in the Appeal-Democrat and through Social Media. The Advisory Board Screening committee, which is traditionally made up of the Mayor and Vice-Mayor, interview all candidates for

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positions on the Boards and Commissions and make recommendations for appointment to the whole City Council in an open and public City Council meeting. Positions on boards and commissions appearing on the Local Appointment List can be filled by qualified citizens from the community.

Positions filled by members of the City Council are not required to appear on the Local Appointment List.

Fiscal Impact: None
Recommendation:

Note and File the 2023 Local Appointment List and direct staff to post on the City’s website.

Attachments:

1. Local Appointment List 12.19.23
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

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ATTACHMENT 1

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Commissioner Date Appointed Term Begins Term Ends
Jackie Sillman 03/02/21 03/02/21 02/27/25
Stacy Brookman 03/02/21 03/02/21 02/27/25
Bhavin Singh Dale 03/02/21 03/02/21 02/27/25
Justine Gill 02/27/23 02/27/23 02/27/27
James Nore 02/27/23 02/27/23 02/27/27
Rupinder Johl Sandhu 02/27/23 02/27/23 02/27/27
Karri Campbell (Sutter Co.) 12/19/23 12/19/23 02/27/24
Commissioner Date Appointed Term Begins Term Ends
Erica Summers 05/18/21 05/18/21 02/27/25
Staci Howell 03/06/19 02/21/23 02/27/27
Amram Bath 03/03/20 03/03/20 02/27/24
Bonnie Pullen 03/06/19 02/21/23 02/27/27
Vacancy 02/27/25
Alternate - Vacant
Commissioner Date Appointed Term Begins Term Ends
Anthony Kurlan 03/03/20 03/03/20 02/27/24
John Boyer 03/01/22 03/01/22 02/27/26
Tanna Thomas 03/01/22 03/01/22 02/27/24
Michael McFarlane 03/01/22 03/01/22 02/27/26
Pam Epley 03/01/22 03/01/22 02/27/26
Alternate - Vacant
Commissioner Date Appointed Term Begins Term Ends
Manreet Bains 11/15/22 11/15/22 06/29/24
Ryan Sandhu 11/15/22 11/15/22 06/29/24
Chandanpreet Kaur Nijjar 11/15/22 11/15/22 06/29/24
Maya Sangha 11/15/22 11/15/22 06/29/24
Nimervir Thiara 03/21/22 11/07/23 06/29/24
Jackson Miller 03/21/22 11/07/23 06/29/25
Amira Renee Thompson-Center 03/21/22 03/21/22 06/29/25
Sukhraj Gill 11/07/23 11/07/23 06/29/25
Maddy de Lange 11/07/23 11/07/23 06/29/25
Alternate - Amelia Mullen 11/07/23 11/07/23 06/29/25
Alternate - Ellie Hartridge Gundershaug 11/07/23 11/07/23 06/29/25 Alternate - Nanak Tumber 11/07/23 11/07/23 06/29/24
City of Yuba City
December 19, 2023
In compliance with the requirements of the Maddy Act, Government Code 54970, the following appointment list is posted on an annual basis by December 31st. It shows all current members of City Boards and Commissions and the dates of their terms of office as of the time of this posting.

Planning Commission
7 members - 4 year terms - Meets the 2nd and 4th Wednesday of each month at 6:00 p.m. in the Yuba City Council Chambers - Members must reside within the City limits. Sutter County member must be from the Sutter County Planning Commission.

Local Board and Commission Appointment List
Parks & Recreation Commission
5 members, 1 alternate - 4 year terms - Meets the 3rd Monday of each month at 5:30 p.m. at City Hall - Members must reside within the City limits
Senior Commission
5 members, 1 alternate - 4 year terms - Meets the 1st Wednesday of each month at 9:00 a.m. in the Yuba City Senior Center - Members must reside in the City of Yuba City and represent a diverse group .

Youth Commission
9 members, 1 alternate - 2 year terms - Meets the 3rd Wednesday of each month at 7:00 p.m. in the Sutter Room at City Hall - Members must be between 14 and 19 years of age and reside within the City limits.

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Board Member Date Appointed Term Begins Term Ends
Brian Betschart 10/20/20 10/20/20 06/30/24
David Koll 10/04/22 10/04/22 06/30/26
Anthony Kurlan 10/04/22 10/04/22 06/30/26
Harman Rai 11/01/22 11/01/22 06/30/26
Tanna Thomas 12/19/23 12/19/23 06/30/24
Board Member Date Appointed Term Begins Term Ends
Suzanne Gallaty (Tenant) 05/17/22 05/17/22 01/30/24
Anthony Kurlan 09/15/20 09/15/20 01/30/24
5 members - 4 year terms. Meets on an as needed basis. Members must reside in the City limits.

Certain terms of service may have been modified in order to be more consistent with the Municipal Code, and reflect the Council’s intention to appoint as to that term duration.

Additionally, if a position is listed as “vacancy,” “vacant,” or is otherwise unfilled, then any prior appointment for that position is deemed to be complete, and the position is currently vacant and capable of being filled for the remainder of the term.

Regional Housing Authority
Personnel Board
1 member (4-year term) appointed by the City Council, and 1 tenant member (2-year term) appointed by the member agencies for the 14-member Board of Commissioners. Meets the 1st and 3rd Wednesday of each month at 12:15 at the Housing Authority. Citizen member must reside within the City limits; tenant member must be a tenant.

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Agenda Item 14

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: Domain Estates Phase 3 Subdivision (Acceptance of Public Improvements) Recommendation: Adopt a Resolution accepting certain street and related improvements pursuant to the Domain Estates Phase 3 Subdivision Agreement with Crowne Communities Domain Estates LLC, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located west of Blevin Road and north of Janice Way]
Fiscal Impact: City will become responsible for maintenance costs of the public improvements.

Purpose:

To accept the infrastructure improvements associated with the Domain Estates Phase 3 Subdivision for public use and initiate the one (1) year warranty period.

Council’s Strategic Goal:

Acceptance of these improvements coordinates with the Council Strategic Goal related to Infrastructure. The action is necessary to comply with the Development Subdivision Agreement and transfer the private development to the City as public infrastructure.

Background:

On June 7, 2022, Council authorized Resolution No. 22-072 to execute a Subdivision Agreement with the Subdivider, Crowne Communities Domain Estates LLC, regarding the development of the Domain Estates Phase 3 Subdivision (SM 20-05) (Attachment 2). Per the agreement, the Subdivider was to construct the determined improvements and, upon completion, dedicate and offer the improvements to the City to constitute public improvements.

Analysis:

The Domain Estates Phase 3 Subdivision street and related improvements have been constructed to the satisfaction of the City. At this time, the Subdivider is requesting acceptance of the improvements so that the one (1) year warranty period can begin. All of the required improvements within the subdivision have been constructed in conformance with the approved plans and specifications. With the acceptance, the Subdivider will provide security for the guarantee and warranty of the work in the amount of 10% of the cost of the improvements, which equates to $71,280.00.

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Fiscal Impact:

With the acceptance of the improvements, the City will become responsible for the ongoing maintenance of the public improvements, including the water, sewer, storm-drain lines, streets, streetlights, and landscaping. Residents within the subdivision will participate in Lighting and Landscape Maintenance District No. 5K_18, which will pay for the proportional share of the maintenance of the streetlights and landscaping. Maintenance costs for the water and sewer lines will come from the Water Enterprise and Sewer Enterprise funds, respectively, and maintenance of the streets and storm drains will be funded with road funds and the established Community Facilities District for the subdivision.

Alternatives:

Do not accept the improvements at this time and provide direction to Staff on remaining items Council requires the developer to complete prior to acceptance.

Recommendation:

Adopt a Resolution accepting certain street and related improvements pursuant to the Domain Estates Phase 3 Subdivision Map Agreement with Crowne Communities Domain Estates LLC, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located west of Blevin Road and north of Janice Way].

Attachments:

1. Resolution accepting Domain 3 Estates Subdivision Improvements

2. Domain 3 Estates Location Map
Prepared By: Submitted By:

Kevin Bradford
Deputy PW Director - Engineering
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ACCEPTING CERTAIN STREET AND RELATED IMPROVEMENTS PURSUANT TO THE DOMAIN ESTATES PHASE 3 SUBDIVISION AGREEMENT DATED JUNE 7, 2022, BETWEEN THE CITY OF YUBA CITY AND CROWNE

COMMUNITIES DOMAIN ESTATES LLC AND AUTHORIZING THE
SUBDIVIDER TO FILE THE NOTICE OF COMPLETION.

WHEREAS, the City of Yuba City (City) has heretofore contracted with Crowne Communities Domain Estates LLC for certain work pursuant to that Domain Estates Phase 3 Subdivision Agreement dated June 7, 2022, between the City of Yuba City and Crowne Communities Domain Estates LLC as a condition of approval for Subdivision Map No. 20-05; and WHEREAS, said work of improvements called for by said Agreement for street and related improvements was completed to the satisfaction of the City, and a maintenance bond insuring the work of improvements from a maintenance standpoint for a period of one (1) year from and after completion has been provided.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED the City Council of the City of Yuba City resolves as follows:

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

2. The City Council hereby accepts the work performed on those certain improvements, the subject of the Subdivision Agreement between the City of Yuba City and Crowne Communities Domain Estates LLC, and authorizes and directs the Subdivider to execute and record a Notice of Completion in connection with said work of improvement.

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

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ATTACHMENT 2

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¶
Attachment 2: Location Map: Domain Estates Phase 3
Tentative Subdivision Map 20-05
Project Site
1 inch = 300 feet

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Agenda Item 15

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: Local Roadway Safety Plan (LRSP) Adoption
Recommendation: Adopt a Resolution adopting the Local Roadway Safety Plan Fiscal Impact: None at this time. The Local Roadway Safety Plan positions the City for future grant funding
Purpose:

To adopt the Local Roadway Safety Plan and position the City for future grant funding.

Council’s Strategic Goal:

This plan addresses the City Council’s Strategic Goal of providing services that serve and protect the residents, visitors, and businesses in the community by maintaining, improving and investing in the City's infrastructure.

Background:

Federal regulations require each State has a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide traffic safety plan that provides a framework for reducing roadway fatalities and serious injuries on California’s public roads. While the SHSP is used as a statewide approach for improving roadway safety, the Local Roadway Safety Plan (LRSP) is a means for providing local and rural road owners with an opportunity to address unique safety needs in the jurisdiction while contributing to the success of the SHSP. As of January 2022, an LRSP is required for local agencies to be eligible for Highway Safety Improvement Program (HSIP) funding.

Analysis:

On February 8, 2023, the City executed a task order with Fehr and Peers, a transportation engineering consultant, to develop the City’s LRSP, included as Attachment 1, Exhibit A. A stakeholder group consisting of representatives from the Yuba City Public Works, Fire, and Police Departments along with a representative from Yuba City Unified School District, was established to guide the preparation of this LRSP. Through multiple stakeholder meetings, the stakeholder group worked to develop a Vision for this LRSP, which is to: “Minimize fatalities and serious injuries on Yuba City roadways by making travel safer for all modes of transportation.” The LRSP incorporates and addresses the 5 E’s of traffic safety, which are: Education, Enforcement, Engineering, Emergency Response and Emerging Technologies.

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Staff recommends accepting and adopting the LRSP in order to qualify for future HSIP grant funding.

Fiscal Impact:

There are no direct fiscal impacts associated with adopting the LRSP. Adopting the plan will assure the City is positioned to receive future HSIP grant funding.

Alternatives:

Do not adopt the LRSP, which would forfeit potential HSIP grant funding opportunities, and provide direction to staff.

Recommendation:

Adopt a Resolution adopting the Local Roadway Safety Plan.

Attachments:

1. Resolution
Prepared By: Submitted By:

Fabiola Vazquez
Assistant Engineer
Diana Langley
City Manager

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ATTACHMENT 1

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RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ADOPTING THE LOCAL ROADWAY SAFETY PLAN
WHEREAS, a Local Roadway Safety Plan (LRSP) provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads while contributing to the success of the State’s Strategic Highway Safety Plan (SHSP); and WHEREAS, as of January 2022, a LRSP is required for local agencies to be eligible for a variety of federal grant opportunities, including the Highway Safety Improvements Program (HSIP); and
WHEREAS, adopting the LRSP will allow the City to be eligible for upcoming federally funded transportation grants.

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

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

2. The City Council hereby approves and adopts the Local Roadway Safety Plan dated October 2023 and attached as Exhibit A.

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

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APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

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EXHIBIT A

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Final - October 2023
Local Roadway
Safety Plan

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Yuba City Local Roadway Safety Plan
Statement of Protection of Data from Discovery and Admissions SECTION 148 OF TITLE 23, UNITED STATES CODE
REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION — Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at the location identified or addressed in the reports, surveys, schedules, lists, or other data.

Acknowledgments
Stakeholders Group
Fabiola Vazquez
Yuba City Public Works Department
(Project Manager)
Joshua Wolffe
Yuba City Public Works Department
Sgt. Bill Williams
Yuba City Police Sergeant
Josh Hubbard
Yuba City Fire Division Chief
Doreen Osumi
Yuba City School District
Superintendent
Fehr & Peers Team
John Gard, TE, RSP1
Rod Brown, AICP, PTP, RSP1
Will Edmonson, GISP
Jonathan Murillo
Tim Wilbur
2

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14 Chapter 3:

LRSP
Development
Process
22 Chapter 4:
38 Existing Transportation
Network
Chapter 5:

Collision Data
Analysis
6 Chapter 1:
10 Introduction,
Background, and
Report Organization
Chapter 2:

Vision, Goals,
and Implementing
Policies
4 Executive
Summary
70 Chapter 6:

Recommendations
92 Chapter 7:

Implementation
Table of Contents
3

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Executive Summary
This Local Roadway Safety Plan
(LRSP) will aid the City of Yuba City
in assessing collision trends on its
transportation system, identifying
countermeasures to improve
safety, and securing grants to fund
future safety improvements. LRSPs
are one of the Federal Highway
Administration’s (FHWA) Proven
Safety Countermeasures and are now
the preferred method through which
jurisdiction-wide, systemic, safety
planning is conducted. Chart 1 in
Chapter 1 provides a road map of how
LRSPs are developed.

A stakeholder group consisting
of representatives from the Yuba
City Public Works, Fire, and
Police Departments along with
a representative from the Yuba
City Unified School District was
established to guide the preparation
of this LRSP. Through multiple
stakeholder meetings, they worked to
develop a Vision for this LRSP which
is to: Minimize fatalities and serious
injuries on Yuba City roadways by
making travel safer for all modes of
transportation.

LRSP Vision Statement, much of the
analysis focuses on the causes of KSI
(Killed or Seriously Injured) collisions.

Of 919 total injury collisions in Yuba
City between 2017 and 2021 inclusive,
9% or 80 collisions were KSI resulting
in 15 fatalities.

People walking or riding a bike along
a roadway or at an intersection are
amongst the most vulnerable of
all roadway users. These modes
accounted for 13% of all injury
collisions. But the proportion of
these collisions that were KSI were
considerably greater than for autoonly crashes, particularly when occurring on high-speed roads.

Since LRSPs are focused on local
road conditions, this report exclusively
examines roadways and intersections
under the jurisdiction of Yuba City.

Collision totals along State Routes
99 and 20 within the City limits are
reported, though analysis of that data
is not performed. This LRSP utilizes
a dataset of reported injury collisions
within the City of Yuba City limits from
January 1, 2017 through December
31, 2021. Each collision is geolocated
and includes an abundance of
collision-related variables.

Chapter 5 of this LRSP contains
numerous tables, charts, and figures
that document the collision data
analysis. Results are shown not
only at a systemic level, but also
at a corridor- level and for specific
hot spots. The analysis considers
numerous attributes associated with
each collision including collision
type, primary cause, severity,
roadway characteristics (e.g., dry/
wet pavement), traffic volumes,
and other contextual factors (e.g.,
impaired driving). Consistent with the

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The extensive data analysis led to
the following five specific emphasis
areas whose collision frequencies are
disproportionately high and warrant
identification of countermeasures to
reduce their frequency:
• Emphasis Area 1: Strong
positive correlation between
KSI collisions and high-speed
arterials
• Emphasis Area 2: High
proportion of injury collisions
involving pedestrians on local/
neighborhood streets and
collector streets.
• Emphasis Area 3: Broadside
collisions Involving bicyclists at
unsignalized intersections.
• Emphasis Area 4: DUI collisions
on minor arterials
• Emphasis Area 5: KSI collisions
in age group 25-34
Additionally, both the collision data
and stakeholder group input led
to the identification of five critical
corridors that underwent more
detailed collision and contextual
review:

1. Walton Avenue Between SR
20 and Franklin Avenue

2. Gray Avenue Between SR 20
and Franklin Avenue

3. Sutter Street/Second Street/
Garden Highway Between SR
20 and Franklin Avenue

4. Bridge Street Between SR 99
and Shasta Street

5. Live Oak Boulevard Between
Pease Road and Queens
Avenue
The LRSP recommendations
are contained in Chapter 6,
beginning with a description of
engineering and non-engineering
safety countermeasures. These
countermeasures are responsive
to the Strategic Highway Safety
Plan 2020-2024 (Caltrans, 2023)
5E’s of roadway safety which are:

Education, Enforcement, Engineering,
Emergency Response, and Emerging
Technologies.

A toolbox of 38 different engineering
countermeasures related to lighting,
intersection traffic control, geometric
and traffic signal modifications,
operations/warning, and pedestrian/
bicycle treatments was developed
from the list of countermeasures
in the Local Roadway Safety: A
Manual for California’s Local Road
Owners (Caltrans, 2020). Specific
countermeasures were then identified
for each of the five emphasis areas
and for the five critical corridors.

For each countermeasure, a Crash
Modification Factor (CMF) is provided,
which quantifies the expected rate
of collision reduction that can be
expected.

The final chapter of this LRSP focuses
on its implementation, discussing
topics such as:
• Facilitating buy-in and support
for increased emphasis on
roadway safety in Yuba City
• Safety improvement delivery
methods (including funding
opportunities)
• Evaluation of progress
(including collision monitoring
and performance metrics, LRSP
updates, and Immediate next
Steps)
5

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Introduction,
Background, and
Report Organization
Chapter 1
According to 2019 data published
by the California Office of
Traffic Safety (OTS)1, the City of
Yuba City was ranked #16 out
of 105 peer cities (based on
population) when considering
total fatal and injury collisions.

Yuba City also ranked #17 in alcoholinvolved collisions, and #53 in pedestrian collisions (low values
represent a worse ranking).

City staff recognizes that improving
public safety on its transportation
system is a priority; therefore, they
have overseen the preparation of
this Local Road Safety Plan (LRSP).
1 California OTS Crash Ranking Results,
2019. Retrieved from https://www.ots.
ca.gov/media-and-research/crash-rankingsresults/?wpv_view_count=1327&wpvwpcf-year=2019&wpv-wpcf-city_ county=Yuba+City&wpv_filter_submit=Submit
7

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Yuba City Local Roadway Safety Plan
What is an LRSP?
A Local Road Safety Plan (LRSP)
provides a framework for identifying,
analyzing, and prioritizing roadway
safety improvements on local
roads. LRSPs are one of the Federal
Highway Administration’s (FHWA)
Proven Safety Countermeasures. The
LRSP process results in a vision and
goal, a prioritized list of issues, risks,
actions, and strategies that can be
effectively used to reduce fatalities
and serious injuries on local roads.

LRSPs have become the preferred
method through which jurisdictionwide safety planning is conducted.

Chart 1 to the right provides an overview
of how LRSPs are developed.

They involve stakeholders, robust
collision data analysis, selection of
proven solutions to improve safety,
and strategies for implementing
those improvements.

Chart 1
Road Map of
Local Safety Plans
8

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Report Organization
• Chapter 5 (Collision Data Analysis)
– is a data-intensive chapter featuring
numerous charts, tables, and figures
depicting the City’s collision history
and trends between 2017 and 2021,
inclusive.
• Chapter 6 (Recommendations)
– offers a set of recommended
countermeasures to address collision
patterns.
• Chapter 7 (Implementation) –
discusses funding opportunities,
need for LRSP updates, and other
relevant procedural/administration
topics.

This report consists of the following
chapters: • Chapter 2 (Vision, Goals, and
Implementing Policies) – shares the
vision of this LRSP and the policies
required to implement it.
• Chapter 3 (LRSP Development
Process) – describes the steps
required to develop this LRSP
including applicable guidance from
federal and state agencies.
• Chapter 4 (Existing Transportation
Network) – provides an overview
of Yuba City’s roadway, bicycle,
pedestrian, and transit network
including policies contained in
various City planning documents
related to those travel modes.
9

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Vision, Goals, and
Implementing Policies
Chapter 2
Based on discussions with the
stakeholder group (see Chapter
3), the following Vision, Goals,
and Implementing Policies have
been established for this project.

Vision, Goals, and
Implementing Policies
Implementation Policies:
• Identify factors that contribute
to collisions and identify priority
locations for safety improvements.
• Identify proven and costeffective countermeasures that can be applied systemically
(e.g., retroreflective backplates
at traffic signals).
• Build off other recent and
ongoing City of Yuba City safety
studies efforts including Safe
Routes to School (SR2S) and
citywide signage audits.
• Document Yuba City’s methods
for future collision data monitoring.

Goal: Identify transportation safety
partnerships and initiatives which
continue to reduce fatal and serious
injury collisions in Yuba City.

Vision: Minimize fatalities and
serious injuries on Yuba City
roadways by making travel safer
for all modes of transportation.
11

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Yuba City Local Roadway Safety Plan

5.4-I-7 Increase bicycle safety by:
• Sweeping and repairing bicycle
lanes and paths on a regular
basis;
• Ensuring that bikeways are
delineated and signed in
accordance with Caltrans'
standards, and lighting is
provided, where needed;
• Providing bicycle paths or lanes
on bridges and overpasses;
• Ensuring that all new or improved
streets have bicycle-safe drainage
grates and are free of hazards
such as uneven pavement and
gravel;
• Provide adequate signage and
markings warning vehicular traffic
of the existence of merging or
crossing bicycle traffic where bike
routes and paths make transitions
into or across roadways; and
• Work with the Yuba City Unified
School District to promote classes
on bicycle safety in schools.

5.4-I-8 Give bikes equal treatment
in terms of provisions for safety and
comfort on arterials and collectors as
motor vehicles.

According to the City of Yuba City
Bikeway Master Plan (2011), the
plan seeks to achieve a reduction
in bicycle-related collisions by
implementing design standards,
guidelines, education, and
enforcement measures. The plan
emphasizes the incorporation
of complete streets for new
transportation improvements, which
are designed to enhance safety,
access, and mobility for all travelers.

By adopting a comprehensive
approach that prioritizes the needs
of all users, the plan aims to create
a more pedestrian-friendly and
sustainable urban environment.

Below are some specific safety goals
from the Bikeway Master Plan:

Goal 5.2 Emphasize safe routes to
schools.

Goal 5.3 Utilize Highway Design
Manual standards for construction of
bicycle facilities.

Goal 5.4 Reduce the number of
collisions per 1,000 persons in Yuba
City.

Applicable Policies
Bicycle System
The City of Yuba City General Plan
(2004) contains the following policies
related to bicycling:

5.4-I-1 Establish a network of onand off-roadway bicycle routes and encourage their use for commute,
recreations, and other trips. Design
bike routes with the safety of cyclists
as a priority.

5.4-I-2 Develop bicycle routes that
provide access to schools, parks and
the Feather River Parkway.

5.4-I-3 Require bicycle parking,
storage, and other support facilities
as part of office, retail developments,
and public facilities.

5.4-I-4 Provide bicycle lanes with
a minimum width of 5 feet (6 feet
along all parkways) on new streets
and existing streets whenever they
are widened to more than two travel
lanes.

5.4-I-5 Plan for the reuse of
abandoned rail rights-of-way and
seek to acquire suitable rights-of-way
for separate bicycle paths, as they
become available.
12

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Chapter 2: Vision, Goals, and Implementing Policies
Goal 7.1 Identify the ideal age range
for bicycle education for students
and implement an annual schedule of
educational activities at school.

Goal 7.2 Implement an outreach
campaign to make bicycling socially
acceptable.

Goal 12.2 Enforcement efforts
directed at motorists related to
bicycle safety should address
motorist failure to yield or stop for
bicyclists, excessive motor vehicle
speed, and driving under the
influence.

Pedestrian System
The City of Yuba City General Plan
(2004) contains the following policies
related to pedestrian travel and
design:

5.4-I-9 Develop a series of
continuous walkways within new
office parks, commercial districts, and
residential neighborhoods so they
connect to one another.

5.4-I-10 Provide for pedestrianfriendly zones in conjunction with the development, redevelopment, and
design of mixed-use neighborhood
core areas, the Downtown area,
schools, parks, and other high use
areas by:
• Providing intersection "bump
outs" to reduce walking distances
across streets in the Downtown
and other high use areas;
• Providing pedestrian facilities at all
signalized intersections;
• Providing landscaping that
encourages pedestrian use; and
• Constructing adequately lit and
safe access through subdivision
sites.

5.4-I-11 Establish specific standards
for pedestrian facilities to be
accessible to physically disabled
persons, and ensure that roadway
improvement projects address
mobility or accessibility for bicyclists
or pedestrians.

Transit System
The City of Yuba City General Plan
(2004) contains the following policies
related to transit:

5.3-I-1 Cooperate with public
agencies and other jurisdictions to
promote local and regional public
transit service in Yuba City.

5.3-I-2 Work with Yuba-Sutter Transit
to situate transit stops and hubs at
locations that are convenient for
transit users, and promote increased
transit ridership through the provision
of shelters. benches, and other
amenities.

5.3-I-3 Coordinate with Caltrans and
Yuba-Sutter Transit to identify and
implement Park & Ride sites with
convenient access to public transit.
13

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LRSP
Development
Process
Chapter 3
Chart 1 provided a simple to follow
road map to create an LRSP. This
chapter builds on that by adding more
detail during each major step of the
process. However, general guidance
for developing LRSPs from federal
and state agencies is first provided
for context.

Guidance from State
and Federal Agencies
Guidance on the LRSP process is
provided at both the national (FHWA)
and state (Caltrans) level. Both of
these agencies have developed
a general framework of data and
recommendations to be included in a
LRSP.

The FHWA encourages:
• The establishment of a working
group (stakeholders) to participate
in developing a LRSP.
• Review collision, traffic, and
roadway data to identify areas of
concern.
• Establish goals, priorities,
and countermeasures to
recommend improvements at
spot locations, systemically, and
comprehensively.

Caltrans guidance follows a similar
outline with the following steps:
• Establish leadership
• Analyze the safety data
• Determine emphasis areas
• Identify strategies
• Prioritize and incorporate
strategies
• Evaluate and update the LRSP
15

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Yuba City Local Roadway Safety Plan
Existing Resources
Additional guidance is provided by
the following reference materials.

Local Roadway Safety: A
Manual for California’s Local
Road Owners (2020)
The purpose of Local Roadway
Safety: A Manual for California’s
Local Road Owners (Version 1.5,
Caltrans, April 2020) (LRSM) (found at:

Local Roadway Safety - A Manual for
California's Local Road Owners) is to
encourage local agencies to pursue
a proactive approach to identifying
and analyzing safety issues, while
preparing to compete for project
funding opportunities. A proactive
approach is defined as analyzing the
safety of the entire roadway network
through either a one-time, network
wide analysis, or by routine analyses
of the roadway network. 16

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Chapter 3: LRSP Development Process
In May 2023, Caltrans released the
2020–2024 SHSP Implementation
Plan, which highlights the actions
developed by safety proponents
in support of the SHSP. In addition
to reiterating the importance of the
5E’s, the implementation plan also
introduces four guiding principles
for meeting the SHSP goals and
objectives. They are: integrate equity,
implement safe system approach,
double down on what works, and
accelerate advanced technology.

Strategic Highway Safety Plan
2020-2024 (2023)
The Strategic Highway Safety Plan
2020-2024 (SHSP) (Caltrans, 2023)
is a statewide traffic safety plan that
provides a framework for reducing
roadway fatalities and serious injuries
on California’s public roads.

The SHSP provides guidance for
stakeholders working to improve
traffic safety throughout California by
implementing the 5 E’s, which are:

1. Education Educate all road
users on safe behaviors.

2. Enforcement Enforce actions
that reduce high-risk behaviors.

3. Engineering Apply
effective and/or innovative
countermeasures.

4. Emergency Response
Improve emergency response
times and actions.

5. Emerging Technologies
Apply emerging technologies to
roadway, vehicle, and use.
17

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Yuba City Local Roadway Safety Plan
Safe System Approach
The Safe System approach is a
relatively new and innovative concept
some cities have chosen to adopt
as part of a Vision Zero goal, which
means working toward a goal of no
fatal or serious injury collisions. The
Safe System approach acknowledges
that humans make mistakes but that
those mistakes should not result in
serious injuries or fatalities for any
road user. Knowing that the human
body is vulnerable, it seeks to limit
the kinetic energy transferred in a
crash to a level a body can withstand
when designing and operating a
transportation network.

This LRSP embraces the Safe System
approach concepts, which are
illustrated on Chart 2. They include
safe road users, safe vehicles,
safe speeds, safe roads, and postcrash care. This approach means that responsibility for road safety
is not born solely by road users.

While road users are responsible
for their own behavior and abiding
by laws and regulations, safety is a
shared responsibility with those who
design, operate, and maintain the
transportation network, including the
automotive industry, law enforcement,
elected officials, and government.
bodies.

Chart 2
Safe System
Approach
Source:

Fehr & Peers
for FHWA
18

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Chapter 3: LRSP Development Process
Effect of Vehicle Speed
on Pedestrian Survival
The image below shows that
increased vehicle speeds have a
dramatic effect on the severity of a
collision involving a pedestrian and
the likelihood of survival.
19

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Yuba City Local Roadway Safety Plan
Highway Safety Manual
The American Association of
State Highway and Transportation
Officials (AASHTO) Highway Safety
Manual (HSM), published in 2010,
presents a variety of methods for
quantitatively estimating collision
frequency or severity. Chapter 4 of
Part B (Roadway Safety Management
Process) discusses the Network
Screening process, which is a tool
for agencies to analyze their entire
network and identify/rank locations
that (based on the implementation of
a countermeasure) are most likely to
reduce the frequency of collisions.

The HSM identifies five steps in the
Network Screening process:

1. Establish Focus: Identify the
purpose or intended outcome of
the network screening analysis.

This decision will influence data
needs, the selection of performance
measures and the screening method
that can be applied.
2, Identify Network and Establish
Reference Populations: Specify
the types of sites or facilities
being screened (i.e., segments,
intersections, geometrics) and identify
groupings of similar sites or facilities.

3. Select Performance Measures:

There are a variety of performance
measures available to evaluate
the potential to reduce collision
frequency at a site. In this step, the
performance measure is selected as
a function of the screening focus and
the data and analytical tools available.

4. Select Screening Method:

There are three principal screening
methods described (i.e., ranking,
sliding window, peak searching).

Each method has advantages and
disadvantages; the most appropriate
method for a given situation should
be selected.

5. Screen and Evaluate Results: The
final step in the process is to conduct
the screening and analysis and
evaluate the results.

Step 1: Identify
Stakeholders
As part of the LRSP, strategic
stakeholders were included in
the process to ensure the local
perspective was kept at the
forefront of this planning effort. The
stakeholder group consisted of the
following:
• Two representatives from the
City of Yuba City Public Works
Department
• One representative from
the City of Yuba City Police
Department
• One representative from
the City of Yuba City Fire
Department
• One representative from the
Yuba City Unified School
District
The following stakeholder group
meetings were held:
• Stakeholder Meeting #1 on
April 14, 2023. The purpose of
this meeting was to introduce
the stakeholder group to the
concept of LRSPs, to share
with them high level collision
data trends in Yuba City, and to
solicit their feedback on safety
issues they see on the City’s
transportation network. During
this meeting, the stakeholder
group also provided input on
the vision statement described
in the previous chapter.
• Stakeholder Meeting #2 on
June 20, 2023. This meeting
built upon meeting #1 with
more detailed collision data
analysis results along with
“emphasis areas” showing
combined collision patterns and
contextual factors having above
average collision rates. A draft
set of countermeasures were
also recommended.
• Stakeholder Meeting #3 on
August XX, 2023.
20

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Chapter 3: LRSP Development Process
Step 2: Use Safety Data
As described in Chapter 5, this LRSP
utilizes a dataset of reported injury
collisions within the City of Yuba City
limits from January 1, 2017 through
December 31, 2021. Each collision
is geolocated and includes an
abundance of collision-related
variables. Although the 2022 collision
database was not available when
the analysis was performed, it was
recently released and a summary of it
is provided in Chapter 5.

Chapter 5 consists of numerous
tables, charts, and figures that
document the collision data analysis.

Results are shown not only at a
systemic-level, but also at a corridorwide level and for specific hot spots.

The analysis considers roadway
characteristics, traffic volumes
through use of collision rates (i.e.,
collisions per million vehicles), and
other contextual variables.

The findings are screened for
patterns to identify specific emphasis
areas, which will help inform and
guide further safety evaluation of
the City’s transportation network.

The emphasis areas include type
of collision, certain locations, and
notable relationships between
current efforts and collision history.

The analysis of collision history
throughout the City’s transportation
network allows for opportunities
to identify systemic factors in the
transportation network that inhibit
safety for all roadway users and to
identify improvements for specific
high-collision locations.

Step 3: Choose Proven
Solutions
Chapter 6 presents recommended
countermeasures, which include both
engineering and non-engineering
countermeasures. The engineering
countermeasures rely primarily on the
Caltrans LRSM. Recommendations
consider the aforementioned Five E's
of traffic safety.

Countermeasure selection is
based on the effectiveness of
Crash Modification Factors (CMFs)
to address the given conditions.

These factors quantify the expected
rate of collision reduction that
can be expected from a given
countermeasure.

Step 4: Implement
Solutions
Chapter 7 describes the variety of
funding sources available to help
offset the cost of implementing
engineering countermeasures.
21

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Existing
Transportation
Network
Chapter 4
According to the 2020 Census, the
City of Yuba City has a population of
about 70,000 people. It is situated
40 miles north of Sacramento, 33
miles northwest of Roseville, and 42
miles south of Chico. At a size of 15
square miles, Yuba City has remained
relatively compact compared to
other suburban communities in the
Sacramento region, making transit,
walking, and bicycling viable choices
for travel.

However, private vehicles are the
primary mode of travel in Yuba City.

According to the US Census Bureau
2020 American Community Survey
Five-Year Estimates, about 96% of
Yuba City residents commute by car,
truck, or van. The share of workers
that walk to work in Yuba City is about

1.5%, with public transit being less
than 1%. The average travel time to
work for Yuba City residents is 25
minutes, which indicates a substantial
percentage commute to jobs outside
the City2.
2 United States Census Bureau, 2020
American Community Survey Five-Year
Estimates. Retrieved from: https://www.ots.
ca.gov/media-and-research/crash-rankingsresults/?wpv_view_count=1327&wpvwpcf-year=2019&wpv-wpcf-city_ county=Yuba+City&wpv_filter_submit=Submit
23

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Yuba City Local Roadway Safety Plan
Roadway Network
Yuba City’s roadway system is set up
around a hierarchy of street types,
which are commonly referred to
as functional classifications. These
functional classes are described
below.

Freeways
Freeways serve regional and intercity travel and have interchanges versus at-grade intersections. The
only freeway segment in Yuba City
is State Route (SR) 99 north of SR 20
which has an interchange at Queens
Avenue. Typical free flow speeds
range from 55 to 65 miles per hour
(mph).

Highways
Highways are designed to carry
heavy traffic volumes at speeds of
35-55 miles per hour. Highways
serve longer distance intra-city travel
as well as linking the City with other
nearby urban areas. Access is limited,
crossings are generally signalized
at grade, parking is not allowed, and
medians can be used to separate
lanes moving in opposite directions.

SR 20 is an east-west four- or six-lane
highway traversing the entirety of the
City, while SR 99 south of SR 20 is
also a four-lane highway.

Arterials
Arterials are designed to move large
volumes of traffic between freeways/
highways and other arterials/
collectors in Yuba City. Major arterials
are access controlled roadways
emphasizing mobility between major
portions of the city and regional
freeways and highways. Minor
arterials provide mobility through the
city and access to major residential,
employment, and activity centers.

On-street parking is typically not
provided on major arterials but may
be appropriate for minor arterials that
emphasize accessibility over mobility.

Driveway access is managed,
consistent with the primary function
of arterials to move through traffic.

Most arterials in the city are oriented
in either a north-south or east-west
direction.

Parkways
Parkways provide an attractive, limited
access link between residential
communities and commercial centers
or highways. Parkways typically
include landscaped medians with
functional designs similar to major
arterials. Driveways cuts are typically
limited and on-street parking is
prohibited.

Collectors
Collector streets provide a link
between neighborhood streets and
arterials. Collectors are typically
two-lane streets, sometimes with or
without a separated median. Onstreet parking may be provided under certain conditions.

Neighborhood Local Streets
Neighborhood streets provide
direct access to adjacent properties.

Neighborhood streets consist of
two travel lanes with no median or
centerline striping. On-street parking
is typically permitted.

Figure 1 shows the functional
classification for all streets based
on the City’s General Plan. Figure
2 displays the average daily traffic
(ADT) on select arterials within the city
(based on counts collected in 2019).

Figure 3 shows the locations of
existing signalized intersections within
the city limits of Yuba City. Of the
59 total signalized intersections, 38
are under control of the City and the
remaining 21 are located on SR 20 or
99 and are maintained by Caltrans.
24

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Chapter 4: Existing Transportation Network
Garden Hwy
Pease Rd
S Walton Ave
S Township Rd
S George Washington Blvd
N Walton Ave
Tierra Buena Rd
Riverside Dr
Richland Rd Railroad Ave Clark Ave
El Margarita Rd
Bridge St
Queens Ave
Stabler Ln
N George Washington Blvd
Harter Pky
Tharp Rd
Gray Ave
Butte House Rd
S Walton Ave
Live Oak Blvd
Lincoln Rd
Franklin Rd
Bogue Rd
Plumas St
Hooper Rd
Railroad Ave
E Onstott Frontage Rd
Stewart Rd
Western Pkwy
Shasta St
Sutter St
Second St
Feather River
2 2
2 2
2 2
2 2
2 2
2 2
2 2 2
2 2
2 2 2 2
2 2
2 2
2 2
2 2
2 4
2 2
2 2
2 2 2
2 2
2 2 2
2 2
2 2
2 2
2 2 2
2 2
2 2
4 4
4 4
4 4
4 4
4 4
4 4
4 4
4 4
4 4
4 6 6
2 2
2 2 4 2
4 4
4 2
2 4
2 2
2 4
4 2
5 4
Feather River

YUBA CITY

MARYSVILLE
\\Fpsa03.fpainc.local\Data\2019 Projects\3764.00_CONF_Yuba_City_Impact_Fee_Study_Model_Update\Graphics\GIS\MXD\Fig01_FClass.mxd Number of Lanes
Figure 5-1
∙þ99
∙þ20
X Roadway Number of Lanes
(Excluding turn pockets or
center turn lanes)
Functional Classification
Freeway
Parkway
Major Arterial
Minor Arterial
Collector
Local Street
Highway
Figure 1:

Functional Class Map
Freeway
Highway
Major Arterial
Parkway
Minor Arterial
Collector
Local Street
Roadway Number of Lanes
(excluding turn pockets or
center turn lanes
X
25

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Yuba City Local Roadway Safety Plan
° °
°
°
°
°
°
° °
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
Garden Hwy
Pease Rd
SWalton Ave
STownship Rd
S GeorgeWash ni gton Blvd
NWalton Ave
Tierra Buena Rd
Riverside Dr
Richland Rd
Railroad Ave
Clark Ave
El Margarita Rd
BridgeSt
Queens Ave
Stabler Ln
N GeorgeWashington Blvd
HarterPky
Tharp Rd
Gray Ave
Butte House Rd
SWalton Ave
Live Oak Blvd
Lincoln Rd
Franklin Rd
Bogue Rd
PlumasSt
Hooper Rd
Railroad Ave
E OnstottFrontage Rd
Stewart Rd
Western Pkwy
Shasta St
SutterSt SecondSt
7,200
9,100 5,200
6,500
3,500
5,500
9,700
7,200
8,500
10,300
11,380
13,600 16,100
14,100
19,200
13,700
17,800
11,700
10,100
13,000
11,900
10,800
22,800
15,800
13,800
19,300
15,800
Feather River
Feather River

YUBA CITY

MARYSVILLE
\\Fpsa03.fpainc.local\Data\2019 Projects\3764.00_CONF_Yuba_City_Impact_Fee_Study_Model_Update\Graphics\GIS\MXD\ADT.mxd ° Average Daily Traffic Volume Location
Figure 3
∙þ99
∙þ20
x,xxx Average Daily Traffic Volume
Note: Traffic counts collected in March and April, 2019 while schools were in session.

Figure 2:

Existing ADT Map
Average Daily Traffic Volume
Average Daily Traffic Volume
Location
X,XXX
26

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Chapter 4: Existing Transportation Network
Figure 3:

Signalized
Intersections
Existing Signalized
Intersection
Existing City Limits
27

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Yuba City Local Roadway Safety Plan
Table 1 displays the number of
roadway miles by functional class
(further differentiated by posted
speed limit) within the city. Local
streets make up nearly three-quarters
of the city’s 232 roadway miles.

Arterials make up just 12% of all
roadway miles, but carry significantly
more traffic than local street or
collectors.

Table 1 - Yuba City Roadway System Roadway Miles by Functional Class Functional
Class
Speed
Limit
Road Miles
(Share)
Avg. ADT
(est)2
Local Street1 25 &35 170 (73%) 1,000
Collector Street 25 25 (11%) 5,000
Collector Street 35 & 45 8 (5%) 8,000
Arterial 25 10 (4%) 12,000
Arterial 35 12 (5%) 14,000
Arterial 40 - 45 7 (3%) 12,000
Notes:
1 Vast majority of local streets are posted 25 mph.
2Averaged ADT by facility type and speed based on 2019 traffic counts on Yuba City streets.

Source:

In these instances, vehicles turn
left from a through lane. Image 2
provides an example of this on Live
Oak Boulevard north of SR 20.

The City has made progress in recent
years in upgrading older street to
become “complete” (i.e., including
bicycle and pedestrian facilities, and
transit facilities where applicable).

Image 3 shows an example of this
type of improvement on Franklin
Avenue east of SR 99.

Arterials in Yuba City often consist of
a five-lane cross-section: two lanes in
each direction separated by a twoway left-turn lane (TWLTL).

Image 1 provides an example of
this on Gray Avenue south of SR

20. Other arterials are undivided
consisting of two lanes in each
direction separated by double yellow
centerline striping.
28

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Chapter 4: Existing Transportation Network
Image 1: Five-lane cross-section on Gray Avenue south of SR 20 Image 2: Four-lane undivided cross-section on Live Oak Boulevard north of SR 20 Image 3: Left: Before Complete Streets Improvements on Franklin Avenue east of SR 99 in 2018 Right: After Complete Streets Improvements on Franklin Avenue east of SR 99 in 2022 29

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Yuba City Local Roadway Safety Plan
Image 4: High-visibility retroreflective backplate added to traffic signal at Garden Highway/Percy Avenue intersection
Bridge Street between Cooper
Avenue and Gray Avenue is currently
under construction, which will widen
it to carry two lanes of traffic in each
direction. Once completed, it will
consist of two lanes in each direction
plus a median. As described in
Chapter 5, this segment has amongst
the highest collision rates in the City.

Traffic signal equipment within the
city ranges from newer installations
with recent safety upgrades (e.g.,
retroreflective backplates) to older,
outdated systems. This is illustrated
in Images 4 - 6.

Image 5: Same intersection (Garden Highway/Percy Avenue) with outdated signal equipment in southeast corner (lens undersized and red ball indication instead of red arrow). 30

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Chapter 4: Existing Transportation Network
Image 6: Traffic signal lacking a mast arm at 2nd Street/B Street intersection.

Bicycle Network
The City of Yuba City Bikeway Master
Plan (2011) identifies existing and
planned bicycle facilities within the
city. The existing bike facilities can
be seen in Figure 4. Figure 5 shows
that bicycle facilities are classified as
Class I, II, III, or IV facilities. Figure 4
shows the Class I (off-street paths)
and Class II (on-street bike lanes)
facilities within the City of Yuba City,
but not Class III bike routes present
on certain city streets (e.g., Plumas
Street in downtown). Yuba City has
not yet implemented any Class IV
facilities.

Image 7: Green bike lanes with skip-striping at the SR 20/Gray Avenue intersection. 31

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Yuba City Local Roadway Safety Plan
Image 8: Bicyclist using a Class II bike lane in a rural part of the City of Yuba City.

Image 9: Partially delineated bike lane on Sutter Street south of SR 20. Image 10: "3 Feet for Safety" sign posted on Gray Avenue.

Bicycle facilities currently constructed
in Yuba City can differ considerably
based on the type of treatment and
geographic context. Image 7 shows
a recent installation of Class II bike
lanes (painted green) with skipstriping in the conflict zone at the SR 20/Gray Avenue intersection. Image
8 shows a bicyclist using the Class
II bike lane on Franklin Avenue in a
rural part of the city. Image 9 shows a
partially demarcated Class II bike lane
in the southbound direction of Sutter
Street between SR 20 and the 5th
Street bridge.
32

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Chapter 4: Existing Transportation Network
Figure 4:

Existing Bikeways
33

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Yuba City Local Roadway Safety Plan
Class IV Separated Bikeways
Fully protected on-street space for bicylists.

Protection provided by planter boxes, parked cars,
raised curbs, or flexible posts.

Class II Bicycle Lane
Dedicated on-street space for bicyclists, delineated
by white strips and signage.

Class III
Bicycle Route
Designated route for
bicyclists that share travel
lanes with autos
Class I Bicycle Path
Off-street pathway for pedestrians and bicyclists,
no autos.

Figure 5:

Class I - IV Bikeway
34

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Chapter 4: Existing Transportation Network
Advisory “3 Feet for Safety” signs
have been posted on various arterials
in the City to encourage motorists to
provide at least 3 feet of space when
passing bicyclists in a Class II bike
lane. An example on Gray Avenue is
shown on Image 10.

Pedestrian Network
Conditions for walking vary across
the city, from rural areas with limited
or no pedestrian infrastructure to
newer suburban neighborhoods with
sidewalks. The city’s downtown grid
has abundant sidewalks, crosswalks,
and signage to advise motorists to be
aware of pedestrians in the area (see
Image 11).

The City has implemented pedestrian
crossing improvements at various
unprotected (i.e., unsignalized)
locations. One example is on
Gray Avenue north of Gray Middle
School (see Image 12). A rapid
rectangular flashing beacon (RRFB)
was installed in 2017 across this
five-lane wide arterial to provide
increased pedestrian visibility and
motorists cues. However, as shown
in the photo, the sidewalk across the
roadway is faded, indicating the need
for continued maintenance of city
streets.

Image 11: High visibility continental crosswalks with pedestrian present advisory signage at the Plumas Street/Forbes Avenue intersection.

Image 12: Rectangular rapid flashing beacon (RRFB) installed on Gray Avenue near Gray Middle School.
35

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Yuba City Local Roadway Safety Plan
Transit Network
The Yuba-Sutter Transit Authority
operates fixed-route bus service
within and around Yuba City,
Marysville, West Linda, and
Olivehurst. Routes 1, 2, and 5 operate
within city streets, though fixed-route
service is not provided to the more
outlying (i.e., westerly, northerly, and
southerly) areas of the City. Figure 6
shows the current routes in Yuba City.

For daily commuters traveling to
Sacramento, Yuba-Sutter Transit
offers peak commute and midday
express routes on weekdays. The
system also operates a paratransit
service for passengers with special
access needs.
36

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Chapter 4: Existing Transportation Network

YUBA CITY CHARTER SCHOOL
SUTTER
YUBA

COLLEGE
1 (BUTTE ST.)

AMPLA HEALTH

AMPLA HEALTH
MARTEL DR.
2 5
1 6
4 3
2 6
3 1
6 3
3 6
4 1
Ride
Guide
& System Map English & Spanish

YUBA CITY

OLIVEHURST
LINDA

MARYSVILLE
LEGEND
NORTH

ALTURAS & SHASTA TERMINAL DETAIL

SEE ALTURAS & SHASTA TERMINAL DETAIL
12 2
1 4
2 5
5 5
1 2

YUBA COLLEGECENTER
FARMER’S MARKETPLACE

SUTTER COUNTY

COURTHOUSE

LA SUPERIOR
EL DORADO LN.

Service Information
(530) 742-2877 www.yubasuttertransit.com
Effective November 1, 2022 ELLA AVE.

SKYWAY

SUTTER-YUBA

BEHAVIORAL HEALTH

ONE STOP

COUNTY PUBLIC

HEALTH OFFICE
COUNTY
2B

YUBA CITY

OLIVEHURST
LINDA

MARYSVILLE
LEGEND

ALTURAS & SHASTA

TERMINAL DETAIL

SEE ALTURAS
& SHASTA

TERMINAL
DETAIL
12 2
1 4
2 5
5 5
1 2
www.yubasuttertransit.com
2100 B St., Marysville, CA 95901
Materials available in accessible formats
upon request. Call (530) 634-6880.

Subject to change without notice © Copyright 2022 Yuba-Sutter Transit NOTE: ADA PARATRANSIT SERVICE AREA INCLUDES ACCESSIBLE LOCATIONS WITHIN A 3/4 MILE RADIUS OF ANY URBAN FIXED ROUTE REGARDLESS OF THE DIAL-A-RIDE AREA BOUNDARY SHOWN ABOVE.

Connect Card - The Easy Way to Pay.

NEW REAL-TIME BUS TRACKER Know where your bus is at and when it is expected to arrive at your stop in real-time! Just download
the free DoubleMap app to your smart phone
or tablet and select “Yuba-Sutter Transit” as your
system. From the menu, select routes of interest
and favorite stops to get service alerts so you will
always know before you go! You can also access
the Bus Tracker from any internet connected
device at YubaSutterTransit.com where you
will also find instructions and tips for using this
exciting new service.

Please see
Route 2 service
schedule on
reverse for
COVID-19
related changes
effective
May 1, 2020.

Figure 6: Transit Map
37

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Collision Data Analysis
Chapter 5
This chapter describes the collision
dataset utilized in this report, the
analysis of that data, and the key
findings derived from it.

Collision Dataset
A dataset of reported injury collisions
within the City of Yuba City limits was
obtained for the years 2017 to 2021
(inclusive) from the Transportation
Injury Mapping System (TIMS) . The
TIMS dataset for 2022 collisions was
released in March 2023, well after the
analysis of the 2017-2021 data was
completed. A high-level overview of
the 2022 dataset is provided at the
end of this chapter.

The TIMS dataset includes numerous
attributes of each collision including:
time of day, day of week, date,
primary collision factor, collision type,
number of involved parties, collision
severity, weather conditions, lighting,
pavement conditions, intersection
control, involvement of bicyclist,
pedestrian, or motorcycle, driver
impaired, driver age and gender. The
TIMS data also includes the latitude
and longitude of each collision,
allowing for spatial analysis of the
data.

There are several limitations in the
TIMS dataset beyond the obvious
one that only reported injury collisions
are included. Property-damage
only and unreported collisions are
not included, nor are near misses.

Secondly, the dataset does not
provide any insights into collisions
that are attributable to distracted
(i.e., cell phone use) driving or driver
tiredness. Third, although numerous
attributes associated with each
collision are provided, the lack of
driver and passenger statements,
collision diagrams, and eyewitness
accounts limits a full and complete
understanding of individual collisions.

The TIMS database classifies
collisions as either fatal, severe, or
injury-only. While there are autopopulated charts within this online tool that include terms like “suspected
39

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Yuba City Local Roadway Safety Plan
serious injury”, the official codebook
nomenclature uses the term "severe"
(and hence this word is used
throughout this LRSP when referring
to collisions from this database).

There are subtle differences between
the two terms. Serious injuries may
have a lasting impact on the victim's
health and well-being, requiring
extensive medical treatment and
recovery time. In contrast, severe
injuries are those that are extremely
intense, critical, or life-threatening.

Note that the term ‘serious’ is still
used in framework and policy
discussions.

Chart 3 shows the number of annual
injury collisions each year between
2017 and 2021 within the City of Yuba
City Limits. Key findings from this
chart are:
• Of the 1,356 total injury
collisions, 68%, or 919 occurred
on City-maintained streets.
• In 2017, 2018, and 2019 (i.e.,
prior to the onset of the
COVID-19 pandemic), an
average of 290 injury collisions
occurred each year.
• The number of injury collisions
dropped noticeably in 2020
and 2021 (to an average of
243, a 16% decrease from
the pre-COVID levels), likely
due to increased work-fromhome conditions and other
disruptions in travel.

Because the purpose of this study is
on Yuba City-maintained roadways,
the collisions reported on SR 20
and SR 99 were removed from the
dataset.
196
204
181
159
179
90 94
106
78 69
0 50
100
150
200
250
300
350
2017 2018 2019 2020 2021
Number of Collisions
On State Highways 20 and 99 On Yuba City Roads
Chart 3
All Injury Collisions
40

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Chapter 5: Collision Data Analysis
Of the 919 total injury collisions in
Yuba City between 2017 and 2021,
9% or 80 collisions were KSI (Killed or
Severely Injured). Chart 4 shows the
number of KSI collisions each year.

Key findings from this chart are:
• Of the 80 KSI collisions from
2017-2021, 15 resulted in a
fatality.
• There were nearly twice as
many KSI collisions in 2020
compared to averages from
2017 and 2018 despite reduced
driving during the peak of
COVID lock-downs. This aligns
with the national trend of more
severe crashes, often attributed
to increased speeding on
mostly empty roads.
15 Fatal 65 Severely Injured
Chart 4
KSI Collisions on Yuba City Roads
Injury Collision Profiles
8 11
16 17
13 4
2 2
4 3
0 5
10 15
20 25
2017 2018 2019 2020 2021
Number of Collisions
41

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Yuba City Local Roadway Safety Plan
Collisions Involving
Bicycles and
Pedestrians
People walking or riding a bike
along a roadway or at an intersection
are amongst the most vulnerable
of all roadway users. Numerous
studies have demonstrated that
injury severity is directly related to
the speed of the vehicle prior the
collision. Table 2 shows the number
of collisions involving bicyclists and
pedestrians by posted speed limit on
roadway where collision occurred.

Table 2 - Injury Collisions Involving Bicyclists and Pedestrians by Collision Severity and Roadway Speed Limit
User Type Collision Severity
Roadway Speed Limit (mph)
Total
25 35 40 or 45
Pedestrian
Non-Severe Injury 40 14 2 56
KSI 6 7 1 14
Total 46 21 3 70
Bicyclist
Non-Severe Injury 27 13 6 46
KSI 2 5 1 8
Total 29 18 7 54
Notes: Dataset did not indicate that any roadways had 30 mph speed limits. Roadways with 40 mph speed limits were a small sample size so merged with 45 mph roadways.

Source: TIMS Data 2017-2021
Key findings from this data are:
• Of the 70 injury collisions
involving a pedestrian and
a vehicle, 20% were KSI
collisions.
• Of the 54 injury collisions
involving a bicyclist and a
vehicle, 15% were KSI collisions.
• Combining both modes, 11% of
collisions on roadways posted
25 mph were KSI collisions. But
on higher speed roadways (35
mph or greater), the proportion
of collisions that were KSI
increased to 29%. This finding
reiterates numerous research
studies that collision severity
tends to increase on roadways
with higher speed limits.
42

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Chapter 5: Collision Data Analysis
Injury Collision Profiles
This subsection contains 5 charts
containing more detailed collision
data analysis.

Chart 5 depicts the relative share
of injury collisions that occurred at
signalized intersections, unsignalized
intersections, and roadway segments.

For analysis purposes, a collision
occurred within 250 feet of an
intersection was assumed to be
intersection-related.

The key findings from this chart are
listed below:
• 75% of all collisions occurred
at an intersection versus midblock. This makes sense since there are many more contact
points at intersections than midblock segments.
• Collisions at unsignalized
intersections (475 total)
were more than double
those occurring at signalized
intersections (215 total).

However, there are many more
unsignalized intersections in
the City; so this ratio is to be
expected.
215
475
229
52%
25% 23%
Chart 5
Injury Collisions by Facility Type
Mid-Block Roadway Segments
Signalized Intersections
Unsignalized Intersections
43

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Yuba City Local Roadway Safety Plan
Chart 6 shows the distribution of
injury collisions by time of day based
on four durations of time: overnight,
morning peak, midday, and evening
peak.

Injury Collisions by
Time of Day
0%
5%
10%
15%
20%
25%
30%
35%
40%
Over Night (7PM - 6AM) Morning Peak (6AM - 10AM) Midday 10AM -3PM Evening Peak (3PM - 7PM) The key findings from this chart are
listed below:
• 38% of KSI collisions occurred
during overnight hours (i.e., 7
PM – 6 AM). This is noteworthy
because this time period
typically carries about 20% of
the total daily traffic.

Although not shown in a chart, it is
noted that a disproportionately high
number of KSI collisions occur on
Saturdays.

Visible & Complaint of Injury Collisions KSI Collisions Chart 6
Injury Collisions by Time of Day
44

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Chapter 5: Collision Data Analysis
Chart 7 shows the primary
collision factor (PCF) percentages,
based on the section of the
California Vehicle Code violation
cited in the police report, for all
injury collisions.

Key findings from this chart are:
• Automobile right of way
violations and unsafe speed
each represent about 20%
of PCFs. This is followed
by improper turning, traffic
signals and signs, and
driving or bicycling under
the influence of alcohol or
drugs.

Primary Collision Factor
(All Injury Collisions)
Chart 7
Primary Collision Factor (All Injury Collisions)
Automobile Right of
Way

21.4%
Unsafe Speed

20.9%
Improper Turning

13.4%
Traffic Signals and Signs

12.5%
Driving or Bicycling
Under the Influence of
Alcohol or Drug

11.8%
Wrong Side of Road 3.8%
Unsafe Starting or Backing 3.4%
Pedestrian Right of
Way 3.4% Unsafe Lane Change

3.0%
Pedestrian Violation

2.2% Other Improper
Driving 1.6%
Other 1.5%
Other Hazardous Violation 1.3%
45

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Yuba City Local Roadway Safety Plan
The primary collision factor
percentages were recalculated
separately for KSI collisions and for
non-severe injury collisions.

Primary Collision Factor
by Collision Severity
9%
16% 16%
7%
26%
4%
22%
0%
5%
10%
15%
20%
25%
30%
22% 22%
13% 13%
10%
4%
16%
0%
5%
10%
15%
20%
25%
The results are shown in Chart 8 and
indicate the following:
• DUI was listed as the PCF
violation in 10% of non-severe
injury collisions, but 26% of
KSI collisions. Thus, collisions
involving impaired driving are
associated with increased
likelihoods of being fatal or
causing severe injuries.

Chart 8
Primary Collision Factor
by Collision Severity
Visible & Complaint of Injury
Collisions
KSI Collisions
46

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Chapter 5: Collision Data Analysis
Chart 9 shows the type of collision
(e.g., rear-end, broadside, etc.) for KSI
collisions and for non-severe injury
collisions. Note that the collision type
category does not have a vehicle/
bicyclist entry as bicyclists are
classified as vehicles in this context.

Injury Collision Type
Key findings from this chart are:
• Broadside (40%) and rear-end
(26%) were the most common
when considering all injury
collisions.
• As noted previously and shown
here, collisions involving
pedestrians were more likely
to be a KSI collision than other
collision types.
• Rear-end and sideswipe
collisions are less likely than
most other collision types
to be KSI collisions. This is
presumably associated with
slower vehicle speeds or
indirect collision angles.
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Head-On Sideswipe Rear End Broadside Hit Object Overturned Vehicle/Pedestrian Chart 9
Injury Collision Type
Visible & Complaint of Injury Collisions KSI Collisions 47

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Yuba City Local Roadway Safety Plan
Table 3 shows collision rates by
functional class. As shown, arterial
streets have much higher collision
rates than local or collector streets.

Although arterials represent only
12% of the roadway miles in the City,
61% of all collisions occur on them.

Arterials with a 25 mph posted speed
limit particularly stand out as having
high collision rates. Arterials with 25
mph speed limits include parts of
Bridge Street, Sutter Street, Second
Street, Franklin Avenue, Railroad
Avenue, Queens Avenue, Gray
Avenue, and Bunce Road.

The database indicated that 46
collisions involved motorcycles.

The majority of these collisions
occurred during daylight hours with
dry pavement conditions and clear
weather, and at mid-block locations.

KSI collisions represented 28% of
these collisions with four fatalities
reported. Nearly half of the collisions
involving motorcycles occurred on a
minor arterial and another one-third
occurred on local streets. Only 20%
occurred on roadways with posted
speed limits of 40 or 45 miles per
hour. The most common primary
collision factors were unsafe speed
(9), auto right-of-way violation (9),
improper turning (8), and DUI (5).

According to the dataset, 3% of all
injury collisions (or 28 total) on City
streets involved trucks. The vast
majority (80%) occurred at mid-block
segments and on streets posted 25
or 35 mph. There were two severeinjury collisions and no fatalities.

Three of the collisions involved
pedestrians and two more collisions
involved bicyclists.

According to the dataset, 12% of
all injury collisions (or 110 total) on
City streets were of the ‘hit and run’
variety. Two such collisions resulted
in a fatality and another 8 resulted in
severe injuries.

Table 3 - Yuba City Roadway System Collision Rates by Functional Class Functional
Class
Speed
Limit
Road Miles
(Share)
Avg. ADT
(est)2 Share of Collisions Collisions per Mile per Thousand ADT Local Street1 25 & 35 170 (73%) 1,000 21% 1.1
Collector Street 25 25 (11%) 5,000 14% 1
Collector Street 35 & 45 8 (5%) 8,000 4% 0.6
Arterial 25 10 (4%) 12,000 22% 1.7
Arterial 35 12 (5%) 14,000 27% 1.5
Arterial 40 - 45 7 (3%) 12,000 12% 1.3
Notes: 1 Vast majority of local streets are posted 25 mph. 2Averaged ADT by facility type and speed based on 2019 traffic counts on Yuba City streets.

Source:
48

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Chapter 5: Collision Data Analysis
of the 862 total victims (in which an
age was identified). Thus, school
age children represent a much lower
percentage of collision victims when
compared to their overall proportion
of City residents.

Table 4 - Mapping of Collision Patterns on Yuba City Roadways Figure Title Key Findings)
7 Injury Collision Location Heat
Map
Graphically depicts corridors/intersections with high densities of collisions such as Bridge Street, Gray Avenue, and Walton Avenue
8 Fatal and Severe Injury
Collision Locations
KSI collisions are dispersed throughout the city, but do show more dense groupings on some corridors
9 Driving Under the Influence
Injury Locations
Of the 104 total collisions, many are grouped along certain corridors such as Bridge Street, Franklin Avenue, Second Street, and Live Oak Boulevard
10 Injury Collisions Involving
Bicyclists or Pedestrians
These collisions are focused in the central part of the city where walking and biking is more common.
11 Injury Collisions Involving Wet
Roadway Surface Conditions
A total of 95 injury collisions occurred when the pavement was wet. Corridors seeing the greatest density of such collisions included Bridge Street, Walton Avenue, and Second Street 12 Injury Collisions by Lighting
Condition
This map depicts only those collisions where a lighting condition was denoted (either as daylight, dark/street lights, and dark/no street lights). 13 Intersections with High
Frequency of Injury Collisions
This figure shows the top 12 intersections with the highest collision rates. Among these intersections, all except one, Franklin Road/George Washington Boulevard, are signalized intersections. A notable observation from this figure is that five out of the top six collision locations are concentrated along Bridge Street, which is currently under construction. 14 KSI Versus Non-Severe Injury
Collisions at Unsignalized
Intersections
This figure shows that injury collisions are dispersed at unsignalized intersections throughout the city. KSI collisions at unsignalized locations are particularly apparent along Gray Street, Garden Highway and Live Oak Boulevard
Notes: 1 Based on the number of annual collisions per million vehicles miles passing through the intersection.

Source: TIMS Data 2017 - 2021
According to the 2020 US Census,
19% of Yuba City residents are less
than 15 years old. When examining
the age of victims, there were three
(3) persons age 11 or younger, and
eight (8) 13- or 14-year olds. The 11
victims under age 15 represent 1.3%
Spatial Mapping of
Injury Collisions
Table 4 provides a synopsis of the
title and key findings of 8 figures on
the following pages showing various
geographic illustrations of collision
types and conditions.
49

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Yuba City Local Roadway Safety Plan
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
Forbes Ave
Second St
Queens Ave
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River
Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Figure 1
·99
·20
High
Low
Collision Density
Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.

City Limits
Figure 7:

Injury Collision
Location Heat Map
High
Low
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
50

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Chapter 5: Collision Data Analysis
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy
Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
ForbesAve Second St
QueensAve
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd
Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Serious Injury (65)
Fatal (15)
Collision Severity
Figure 2
·99
·20
Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.
2 3 2
2 2
2,3 # of Collisions at Same Location
2 City Limits
Figure 8:

Fatal and Severe Injury
Collision Locations
Fatal (15)
Serious Injury (65)
# of Collisions at Same
Location
2,3
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
51

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Yuba City Local Roadway Safety Plan
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
ForbesAve
Second St
QueensAve
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River
Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Figure 3
Driving Under the Influence (DUI) Collisions 1 2 3
·99
·20
Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.

City Limits
Total Driving DUI Collisions: 104
Fatal DUI Collision
Figure 9:

Driving under the
Influence Injury
Locations
Driving Under the Influence (DUI)
Collisions
Total Driving DUI Collisions: 104
Fatal DUI Collision
123
52

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Chapter 5: Collision Data Analysis
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy
Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
ForbesAve Second St
QueensAve
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd
Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Pedestrian Collisions
1 2
3 Bicycle Colllisions
1 2
1 Bicycle Collision and
2 Pedestrian Collisions
Figure 4
·99
·20
Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.

City Limits
School
Park
Figure 10:

Injury Collision
Locations Involving
Bicyclists or
Pedestrians
Pedestrian Collisions
Bicycle Collisions
1 Bicycle Collision and 2 Pedestrian
Collisions
1 2 3
1 2
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
53

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Yuba City Local Roadway Safety Plan
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
ForbesAve
Second St
QueensAve
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River
Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Wet (95)
Roadway Surface Condition
Figure 5
·99
·20
Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.

Figure 11:

Injury Collision
Locations Involving
Wet Roadway Surface
Conditions
Wet Roadway Surface
Condition (95)
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
54

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Chapter 5: Collision Data Analysis
Lincoln Rd
Gray Ave
Franklin Rd
N George Washington Blvd
Live Oak Blvd Railroad Ave
Pease Rd
N Walton Ave S Walton Ave
Garden Hwy
Franklin Ave
N Township Rd
Tierra Buena Rd
S George Washington Blvd
Butte House Rd
South Butte Rd
S Township Rd
Bridge St
Bogue Rd
El Margarita Rd
Tharp Rd
Harter Pkwy
ForbesAve Second St
QueensAve
Royo Ranchero Dr
Stabler Ln
B St
Jefferson Ave
Shanghai Bend Rd
Percy Ave
Clark Ave
Shasta St
Cooper Ave
Yuba River Feather River
\\fpgisdevApp01\DevGISLibrary\ServiceMXDs\RS\RS234249_Yuba_City_LRSP\Figures\RS234249_Yuba_City_LRSP_ReportFigures.aprx Daylight
Dark - Street Lights
Dark - No Street Lights
Figure 6
·99
·20
Lighting Condition Notes:

1. Includes reported injury collisions on City of Yuba City streets; collisions on SR 99 and SR 20 not included.

2. Excludes 3 collisions that occurred at "Dusk/Dawn" and collisions where lighting condition not reported.

City Limits
Figure 12:

Injury Collisions by
Lighting Condition
Daylight
Dark - Street Lights
Dark - No Street Lights
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
55

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Yuba City Local Roadway Safety Plan
Figure 13:

Intersections with
High Frequency of
Injury Collisions
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
Top 12 Collision Date Intersections
(# of collisions per year per Million
Vehicle Miles passing through)
Highest Collision Rate
Second Highest Collision Rate
12 56

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Chapter 5: Collision Data Analysis
KSI Collision
Non-Severe Injury
Figure 14: KSI
Versus Non-Severe
Injury Collisions
at Unsignalized
Intersections
Notes:

Includes reported injury collisions on City of
Yuba City streets; collisions on SR 99 and SR
20 not included
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
57

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Yuba City Local Roadway Safety Plan
Focused Review of
Critical Corridors
When presented with the data and
figures shown on the previous pages,
the stakeholder group recommended
that more detailed reviews be
conducted of the following 5 specific
corridors:

1. Walton Avenue Between SR
20 and Franklin Avenue

2. Gray Avenue Between SR 20
and Franklin Avenue

3. Sutter Street/Second Street/
Garden Highway Between SR
20 and Franklin Avenue

4. Bridge Street Between SR 99
and Shasta Street

5. Live Oak Boulevard Between
Pease Road and Queens
Avenue
Figures 15 through 18 display
summary exhibits of the first four
corridors listed above. A variety of
data is shown including: corridor
length, ADT, PCF, number of travel
lanes, posted speed limit, most
common collision type(s), total
number of collisions and collision
rate, severity of collisions, and other
data. Table 5 provides a comparison
of each corridor based on contextual
factors and collision history.

Key findings from these figures and
tables are:

1. Among the four corridors,
Bridge Street has the highest
total number of injury collisions
and highest collision rate.

2. Although Gray Avenue has
the lowest collision rate of
the four corridors, it featured
the most collisions involving
a bicyclist or pedestrian, the
majority of which resulted in
severe injuries.

3. This segment of Walton
Avenue experienced 3 fatal
collisions between 2017 and
2021, which represents 20% of
all fatal collisions that occurred
in the city over that time.

4. The collision profile of Sutter
Street/Second Street/Garden
Highway is much different than
the other corridors, with just 1 of
23 injury collisions resulting in a
severe injury.
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Chapter 5: Collision Data Analysis
Figure 15:

Walton Avenue
Between State Route 20 and Franklin Avenue
59

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Yuba City Local Roadway Safety Plan
Figure 16:

Gray Avenue
Between State Route 20 and Franklin Avenue
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Chapter 5: Collision Data Analysis
Figure 17:

Sutter Street/Second Street/Garden Highway
Between State Route 20 and Franklin Avenue
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Yuba City Local Roadway Safety Plan
Figure 18:

Bridge Street
Between State Route 99 and Shasta Street
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Chapter 5: Collision Data Analysis
Table 5 - Contextual Factors and Collision History For Focused Study Corridors Corridor
Contextual Factors Collision History
Length
(mi)
Number of
Lanes
Posted
Speed
Most
Common
PCF
Most
Common
Collision
Type
# of Injury Collisions
Collision
Rate1
Total
Involving
Bikes/
Peds
Severe
(nonfatal)Fatal
Walton Avenue
Between SR 20
and Franklin Ave

1.0 4 35 - 45
Unsafe
Speed, Auto
ROW
Broadside
Rear End 39 6 2 3 1.11
Gray Avenue
Between SR
20 and Franklin
Avenue

1.0 2 - 4 25 - 35
Auto ROW,
Unsafe
Speed
Veh/ped
Rear End
Broadside
23 9 4 0 0.66
Sutter St/2nd St/
Garden Highway
Between SR 20
and Franklin Ave

1.0 2 25
Unsafe
Speed,
DUI Rear End 23 1 1 0 0.99
Bridge Street
Between SR 99
and Shasta St

1.2 2 - 4 25 - 35
Signals &
Signs,
Unsafe
Speed
Broadside
Rear End 64 2 4 0 1.67
Notes: 1 Expressed as annual injury collisions per million vehicle miles of travel.

Source: TIMS Data 2017 - 2021
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Yuba City Local Roadway Safety Plan
The 0.8 mile segment of Live Oak
Boulevard from Queens Avenue to
just north of Northgate Drive had
a noticeable high incidence of KSI
collisions. It also showed prominently
for DUI injury collisions (including one
fatality) and collisions where street
lights are not present. These factors
warrant more detailed evaluation.

Figure 19 shows the location and
specific type of injury collisions on
this segment. Of the 17 total collisions,
5 were hit object collisions north of
Northgate Drive. Another 4 were rearend collisions. These patterns are discussed in detail below.

Live Oak Boulevard north of Queens
Avenue is a four-lane undivided
arterial (see Image 2 for street crosssection). It is conceivable that some of the rear-end collisions in this area
could have been associated with
vehicles waiting to turn left from a
through lane being hit by a continuing
through vehicle.

Northbound Live Oak Boulevard
begins to merge from two lanes to
a single lane immediately north of
Northgate Drive. The first part of the
merge occurs on a tangential stretch,
while the second part occurs on a
horizontal curve in which motorists
must steer to the right (see Images
13 and 14). However, signage and
pavement markings advise motorists
to merge left into the inside lane. It is
possible that the combined effect of
the lane drop along a curve, coupled
with merging against the horizontal
curvature direction could be resulting
in occasional overcorrection where
the driver loses control of the vehicle
and collides with a fixed object on
either side of the roadway.

Image 13: View of Northbound Live Oak Boulevard
at Northgate Drive.

Image 14: View of lane drop on northbound Live Oak Boulevard 350 feet north of Northgate Drive. 64

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Chapter 5: Collision Data Analysis
Figure 19:

Live Oak Boulevard
Collision Types
Rear End (6)
Broadside (9)
Hit Object (7)
Other (5)
Source:

Transportation Injury Mapping System (TIMS),
Safe Transportation Research and Education
Center, University of California Berkeley.(2017-
2021)
65

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Yuba City Local Roadway Safety Plan
Intersection Hot Spot
Analysis
According to Figure 14, 5 of
the top 6 highest collision rate
intersections are situated on Bridge
Street. Conditions in this corridor
have changed dramatically with
completion of the new 5th Street
Bridge over the Feather River and
will change further in the near-term
once the Bridge Street widening
between Cooper Avenue and Gray
Avenue is complete. Accordingly, the
intersection hot spot analysis focuses
on the following two intersections:

1. Franklin Avenue/George
Washington Boulevard (4th
highest collision rate in the City)

2. Garden Highway/Percy
Avenue (7th highest collision
rate in the City)
The Franklin Avenue/George
Washington Boulevard intersection is
situated in a rural part of west Yuba
City. It features a single approach
lane on all four approach legs, which
are controlled by stop signs. Of the
8 injury collisions that were reported
at this intersection, 7 were either
broadside or rear end collisions.

Images 15 and 16 show recent
photos taken of the northbound
Image 15: View of skid marks in northbound direction approaching intersection.

Image 16: Visibility on northbound George Washington Boulevard of stop sign partially blocked by tree branches.
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Chapter 5: Collision Data Analysis
approach that help explain some of
the potential safety challenges that
are present.

The Garden Highway/Percy Avenue
intersection is signalized and features
protected left turn phasing on the
Garden Highway approaches and
permitted phasing on the Percy
Avenue approaches. Of the 10
injury collisions that occurred at this
intersection, two were fatal collisions
involving pedestrians walking late
at night. The most common collision
types were broadside, pedestrian,
and head-on. Images 17 and 18
depict conditions at this intersection.

Cross Tabulation
Statistics
Cross tabulation statistical tests
are performed to identify detailed
collision trends and patterns within
the overall dataset (see Image
19). This process entails reviewing
combinations of collision-related
details (e.g., collision type, primary
collision factor, time of day, etc.)
and environmental variables (e.g.,
roadway class, posted speed limit,
weather, mid-block or intersection
collision location, pavement
condition, etc.) against actual
collisions outcomes. By comparing
those actual outcomes versus
expected numbers of collisions (i.e.,
Image 17: View on Percy Avenue approach. Note permitted signal phasing and advisory sign to watch for pedestrians in both crosswalks cross Garden Highway.

Image 18:Lengthy queues form in the single through lanes in each direction of Garden Highway during peak hours.
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Yuba City Local Roadway Safety Plan
assuming independence between
variables), specific variables found to
be associated with above-expected
levels of collision activity can be
identified. This helps establish the
systemic collision profiles that are
presented in the next section.
2022 TIMS Dataset
The 2022 dataset was released in
March 2023, well after the 2017-2021
dataset was analyzed for this LRSP. A
summary of this dataset is presented
here:
• Of the 222 total reported injury
collisions, 153 (69%) occurred
on City streets. This is nearly
identical to the 68% that
occurred on City streets from
the 2017-2021 dataset. The
2022 dataset continued the
2020 and 2021 trend of fewer
injury collisions in Yuba City
since the start of the COVID-19
pandemic. But with travel
picking up in the second half
of 2022 and in 2023, this trend
may be waning.
• Similar to the 2017-2021
dataset, about 10% of all 2022
collisions were KSI.
• One fatal collision occurred in
2022 (year Garden Highway/
Epley Drive). It was reported
as a hit and run collision at
approximately 1 AM that killed a
bicyclist.
• 18.5% of all injury collisions
involved a pedestrian or
bicyclist. This represents a
considerable increase over the

13.5% of collisions involving a
pedestrian or bicyclist from the
2017-2021 dataset.
• In 2022, 5 injury collisions
were reported at the Garden
Highway/Percy Avenue
intersection, which was
Image 19: Cross-tabulation matrix
amongst the highest number
at any individual intersection
(excluding those along Bridge
Street). This intersection
ranked as having the 7th
highest collision rate in the
2017-2021 database.
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Chapter 5: Collision Data Analysis
Emphasis Areas
The extensive data analysis
presented in this chapter has led to
the following five specific emphasis
areas that warrant identification
of countermeasures (identified in
Chapter 6) to reduce their frequency:

Emphasis Area 1:

Strong positive correlation between
KSI collisions and high-speed
arterials
• Whereas arterials with 45 mph
speed limits experienced only
4% of all injury collisions, these
roadways accounted for 15% of
all KSI collisions.

Emphasis Area 2:

High proportion of injury collisions
involving pedestrians on local and
collector streets
• Slightly over 60% of injury
collisions that involved
pedestrians occurred on local
and collector streets, whereas
only 40% of collisions occurred
on these street types if not
involving a pedestrian.

Emphasis Area 3:

Broadside collisions Involving
bicyclists at unsignalized
intersections
• 50% of the 54 injury collisions
involving bicyclists involved
a broadside collision with a
vehicle, three-fourths of which
occurred at unsignalized
intersections.

Emphasis Area 4:

DUI collisions on minor arterials
• 60% of DUI KSI collisions
occurred on minor arterials,
despite being only 12% of all
road miles in City. Similarly, 57%
of all DUI injury collisions were
on minor arterials.

Emphasis Area 5:

KSI collisions in age group 25-34
• This age group was associated
with 27% of all KSI collisions
despite representing only 19%
of the driving population.

This chapter provided an in-depth
analysis of collision history on Yuba
City streets. While collision data itself
is reactive (i.e., countermeasures
are installed in reaction to patterns
that develop), the Focused Corridors
and Emphasis Areas establish “risk
factor patterns” which are somewhat
proactive when considered for
implementation. Other proactive
risk factors could be considered
based on topics such corridors
with documented excessive highend speeding, school locations, pedestrian volume and exposure, and
equity.
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Recommendations
Chapter 6
Engineering
Countermeasures
Image 19 contains the toolbox of
engineering countermeasures. As
shown, some measures are included
in the LRSM while others are not. This
distinction is important for funding
considerations (as described in the
next chapter).

Crash Modification Factors
When identifying potential systemic
safety improvements, it is important
to review Crash Modification Factors
(CMFs) to understand the efficacy of
proposed improvements. CMFs are
defined as the ratio of effectiveness
of one condition in comparison
to another condition. The CMF
represents the expected relative
change in collision frequency due to
a change in one specific condition.

Countermeasures with CMFs less than
one are expected to reduce collisions
if applied, while countermeasures
with CMFs greater than one are
expected to increase collisions.

Selection of CMFs and estimates of
their effectiveness should consider the
following:
• Although FHWA has developed
a CMF clearinghouse containing about 2,900 CMFs, Caltrans has established a small subset
of 82 countermeasures.
• Only CMFs with a four-star rating or higher should be considered for use in analysis. • The chosen CMF should be
directly applicable to the set of
collision data being used for
analysis.
• The application of multiple
CMFs can overestimate the
expected crash reduction. It is
suggested that no more than
three independent CMFs be
applied to a particular site.

The countermeasures recommended
in this LRSP adhere to the above
guidance.

This chapter describes recommended engineering and non-engineering safety countermeasures that are well-suited to address identified collision patterns in Yuba City.
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Yuba City City CouncilDecember 19, 2023

Yuba City City Council
December 19, 2023