Yuba City City Council
February 6, 2024

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
FEBRUARY 6, 2024

REGULAR MEETING OF THE SUCCESSOR AGENCY AND THE

CITY COUNCIL

CITY OF YUBA CITY
5:30 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
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

AGENDA

REGULAR MEETING OF THE SUCCESSOR AGENCY AND THE

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 6, 2024
5:30 P.M. CLOSED SESSION

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

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

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:_https://yubacity-net.zoom.us/webinar/register/WN_9cF95Ag5QvGyj4sDxSd7Yw_. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

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

Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 062-250-040, located at 1480 Williamsburg Drive, Yuba City, California; APN 062-270-010, located at 3059 Jefferson Avenue, Yuba City California; APN 051- 516-007, located at southwest corner of Darrough Drive & Youngs Lane, Yuba City California; APN 061-060-015, located at 2761 Quail Pointe Drive, Yuba City California Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
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. Life Saving Medal and Department Spirit Award for Police Officer Steven DeNeef

2. 10th Street Bridge as the Medal of Honor Bridge Proclamation

3. North Valley Passenger Rail Presentation
Public Communication

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

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

5. Meeting Minutes: December 19, 2023, January 16, 24, and 30, 2024 Recommendation: Approve minutes from the December 19, 2023, January 16, 24, and 30, 2024:

December 19, 2023 - Special Closed Session, Special Joint Meeting, and Regular Meeting
January 16, 2024 - Regular Meeting
January 24, 2024 - Special Closed Session Successor Agency January 30, 2024 - Special Meeting Workshop
January 30, 2024 - Special Closed Session Successor Agency

6. Sutter Butte Flood Control Agency (SBFCA) Regional Levee Improvement Development Impact Fee Ordinance
Recommendation: Adopt 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 second reading

7. Public Employees' Union, Local 1/AFSCME 57 (Local 1) Memorandum of Understanding (MOU)
Recommendation: Adopt a Resolution:

A. Approving the Memorandum of Understanding with Public Employees' Union, Local 1/AFSCME 57
B. Authorizing the Finance Director to amend the salary schedule C. Authorize the Finance Director to prepare supplemental appropriations in the amount of $154,752

8. 5th Street Bridge - Marysville Property Transfer
Recommendation: Adopt a Resolution authorizing the Public Works Director to execute all documents necessary to transfer certain real property identified as Yuba County Assessor Parcel Nos. 010-156-005 & 010-156-006 (426 J St. & 1000 5th St., Marysville, CA) from the City of Yuba City to the City of Marysville

9. Green Means Go Program – Harter Parkway Corridor Improvement Project Recommendation: Adopt a Resolution approving the plans and specifications for the Harter Parkway Corridor Improvement Project and
authorizing advertisement for bids on the project

10. Yuba City Planning Commissioner appointment to Sutter County Planning Commission
Recommendation: Confirm the appointment of James Nore, Yuba City Planning Commissioner, to the Sutter County Planning Commission and forward the recommendation to the Sutter County Board of Supervisors
Business Items

11. Newkom Ranch Development Agreement Amendment
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City adopting the Restated Newkom Ranch
Development Agreement for the Newkom Ranch Portion of the Bogue-Stewart Master Plan; Assessor’s Parcels 55-240-011, 55- 240-013, 55-240-012, 55-240-015, 55-240-017, 55-240-016, 55- 240-018, 55-240-005; and waive the first reading

12. Host Fee Agreement with Recycling Industries
Recommendation: Adopt a Resolution to approve the proposed Host Fee Agreement between the City of Yuba City and Recycling
Industries

13. THIS ITEM IS TIME CERTAIN AT 6:50PM, FOR VERBAL COMMENT DIAL 1-866- 730-7514 PIN# 663320

Public Hearing No. 4 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

14. Public Hearing - B Street Crosswalk Removal at Cooper Avenue Recommendation: A. Conduct a Public Hearing and;
B. Adopt a Resolution eliminating the east crosswalk on B Street at Cooper Avenue
Future Agenda Items

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

16. City Manager's Report

17. City Council Reports
Adjournment

Life Saving Medal and Department
Spirit Award
Police Officer Steven DeNeef
To be presented at the meeting

Proclamation
of the City Council
City of Yuba City
Proclaiming the 10th Street Bridge
As the Medal of Honor Bridge
WHEREAS, the 10th Street Bridge that separates two cities; the City of Yuba City and the City of Marysville along with the two counties, the county of Sutter and the county of Yuba; and WHEREAS, the Medal of Honor is the highest military award given for valor in combat; and WHEREAS, the Medal of Honor was created in 1861 during the American Civil War; and WHEREAS, the total number of Medal of Honors awarded since conception are 3,536 and the total number of Medal of Honors awarded in California are 180; and WHEREAS, the City of Yuba City recognizes Marysville being credited with John Moran, Private, Company F, 8th U.S. Cavalry was issued the Medal of Honor by the President of the United States of America, in the name of Congress, on March 3, 1870 for “Gallantry in action” at Seneca Mountains, Arizona Territory, during the American Indian Wars period; and WHEREAS, the City of Yuba City Highway 20 & 99 are currently in process, and the City of Marysville Highway 20 & 70 have established these highways through their respective cities as National Purple Heart Trail Highways; and
WHEREAS, Marysville Veterans of Foreign Wars Post 948 wishes to pay tribute to Medal of Honor recipients nationwide and Past Commander Brock Bowen wishes to take the lead in making this happen.

NOW, THEREFORE BE IT RESOLVED, that I, Shon Harris, Mayor of Yuba City, on behalf of the City Council, does hereby proclaim the 10th Street Bridge to be the Medal of Honor Bridge, and hereby encourages the residents and businesses of Yuba City to show their appreciation for sacrifices that Medal of Honor recipients have made in defending our freedoms, to acknowledge their courage, and to show them the honor and support they have earned.

Done this 6th day of February, 2024 at the City of Yuba City, County of Sutter, State of California.

Presentation by
Michael Hanebutt, Senior Planner with the San Joaquin Rail Commission And
Alison MacLeod, KP Public Affairs, Outreach Consultant for North Valley Rail Here is the link to the North Valley Rail – WEBSITE

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

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

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

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

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

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

Jackie Sillman, City Clerk
[email protected]

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Meeting Minutes: December 19, 2023, January 16, 24, and 30, 2024 Recommendation: Approve minutes from the December 19, 2023, January 16, 24, and 30, 2024:

December 19, 2023 - Special Closed Session, Special Joint Meeting, and Regular Meeting
January 16, 2024 - Regular Meeting
January 24, 2024 - Special Closed Session Successor Agency January 30, 2024 - Special Meeting Workshop
January 30, 2024 - Special Closed Session Successor Agency Fiscal Impact: None
Attachments:

1. 12-19-2023 - Special Closed Session Minutes (DRAFT)

2. 12-19-2023 - Special Joint Meeting Council and Board of Supervisors Minutes (DRAFT)

3. 12-19-2023 - Yuba City Council and Successor Housing Authority Minutes (DRAFT)

4. 01-16-2024 - Regular Meeting Minutes (DRAFT)

5. 01-24-2024 - Special Closed Session Meeting Minutes (DRAFT)

6. 01-30-2024 - Special Workshop Minutes (DRAFT)

7. 01-30-2024 - Special Closed Session Meeting Minutes (DRAFT) Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING

OF THE SUCCESSOR HOUSING AGENCY

CITY COUNCIL - CITY OF YUBA CITY
DECEMBER 19, 2023
4:00 P.M. CLOSED SESSION

SUTTER ROOM
Special Meeting
The Special Closed Session Meeting of the Housing Successor Agency and City Council was called to order by Mayor Harris at 4:00 PM
Roll Call

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

Absent: None
Public Communication
No public comment received
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 51-516-007, located at the southwest corner of Darrough Drive and Youngs Lane, Yuba City, California; APN 61-060-015, located at 2761 Quail Pointe Drive, Yuba City California; APN 62-210-002, located at 1488 Royo Ranchero Road, Yuba City, California; APN 62-250-040, located at 1480 Williamsburg Drive, Yuba City, California; APN 62-270-010, located at 3059 Jefferson Avenue, Yuba City, California.

Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
B. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Ann Gillen, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1
Unrepresented employees: Confidential Employees, Executive Services Employees Adjournment
Mayor Harris adjourned the Special Closed Session of the City Council and the Successor Housing Agency at 4:47 PM

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

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL JOINT REVENUE AD HOC UPDATE

YUBA CITY CITY COUNCIL

SUTTER COUNTY BOARD OF SUPERVISORS

COUNCIL CHAMBERS
1201 CIVIC CENTER BLVD
DECEMBER 19, 2023 – 5:00 PM
Special Joint Revenue Ad Hoc Update
Call to Order
The Joint Meeting of the City Council and the Sutter County Board of Supervisors was called to order by Mayor Harris at 5:04 PM
Roll Call
City Council

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

Absent: None
Board of Supervisors

Present: Vice-Chairman Conant and Supervisors Flores, Micheli, and Ziengenmeyer

Absent: Chairman Bains
Pledge of Allegiance to the Flag
Mayor Harris
Revenue Ad Hoc Update

1. Joint Ad Hoc Committee Report
Members of the Joint Revenue Ad Hoc Committee gave an update on the work of the Ad Hoc Committee and the needs of the City and the County
Public Communication

2. Appearance of Interested Citizens
Brandon Barnes spoke
Toni Farley spoke
John Cassidy spoke
Adjournment
Mayor Harris adjourned the Joint Meeting of the City Council and the Sutter County Board of Supervisors at 5:43 PM

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

ATTACHMENT 3

MINUTES (DRAFT)

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
Regular Meeting
The Regular Meeting of the Successor Housing Agency and City Council was called to order by Mayor Harris at 6:00 PM
Roll Call

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

Absent: None
Invocation/Inspiration
Dave Shaw, Vice-Mayor
Pledge of Allegiance to the Flag
Shon Harris, Mayor
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations

1. POST Executive Certificate presented to Chief Brian Baker POST Law Enforcement Consultant, Marty Picone presented a certificate to Brian Baker, Police Chief
Laura Nicholson, representing Senator Niello and Assemblyman Gallagher, presented a proclamation
David Morgan, from Congressman LaMalfa’s office, presented a Congressional Certificate of Recognition

2. Retirement Proclamation for Police Officer Robert McMains

Mayor Harris presented a proclamation to Robert McMains, Police Officer Laura Nicholson, representing Senator Niello and Assemblyman Gallagher, also presented a proclamation
David Morgan, from Congressman LaMalfa’s office, presented a Congressional Certificate of Recognition

3. Retirement Proclamation for Lieutenant Stephan Thornton Mayor Harris presented a proclamation to Stephan Thornton, Police Lieutenant Laura Nicholson, representing Senator Niello and Assemblyman Gallagher, also presented a proclamation
David Morgan, from Congressman LaMalfa’s office, presented a Congressional Certificate of Recognition

4. 50 Year Anniversary for New Adventures Preschool Proclamation Mayor Harris presented a proclamation to Michael and Stephanie Pasquale and Sharon Souza
Public Communication

5. Appearance of Interested Citizens
David Kuhnen spoke
Consent Calendar
John Buckland spoke on Item 19
Councilmember Kirchner moved and Vice-Mayor Shaw seconded the motion to approve Consent Calendar items 6-21

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

7. Submission of Recertification Application for Tree City USA Designation Adopt Resolution 23-157 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
A. Adopt Resolution 23-158 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

9. Department of Water Resources Tolling and Waiver Agreement Amendment No. 10
Adopt Resolution 23-159 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

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

11. City Water Service Connection - Surinder Gurcha and Kulwant Gurcha for property at 2618 Railroad Ave
Adopt Resolution 23-160 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

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

13. City of Yuba City Advisory Board Appointment List
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) Adopt Resolution 23-161 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
Adopt Resolution 23-162 adopting the Local Roadway Safety Plan

16. Police Department Evidence Storage Building (Plans & Specifications) Adopt Resolution 23-163 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 Consider the in-kind sponsorship request from Casa de Esperanza, and if approved:

Adopt Resolution 23-164 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
Adopt Resolution 23-165 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
Adopt Resolution 23-166 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
Adopt Resolution 23-167 that:

A. Authorizes the City Manager, as the Executive Director on behalf of the Successor Housing Agency to the Yuba City Redevelopment Agency, to execute an Agreement for Purchase and Sale of Real Property located at 1035 Oakwood Drive (APN 051-264-004), and all other necessary documents, in the amount of $360,000 to Menva Abelian and Allison Abelian, subject to approval of the City Attorney as to legal form B. Authorizes the Finance Director to place sale proceeds in the Successor Agency Low-Moderate Income Housing Fund

21. Successor Housing Agency Sale of 1082 McCollum Avenue to Goomaitee Ibaran
Adopt Resolution 23-168 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
The motion passed unanimously
Business Items

22. Recycling Industries – Amendment to Use Permit (UP 17-05) and Development Plan (DP 17-03) – Alternative City Council Review Brigit Barnes spoke
Riego Diaz spoke
Mike Smith spoke
David Kuhnen spoke
Councilmember Pasquale moved and Vice-Mayor Shaw seconded the motion to:

Adopt Resolution 23-169 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 The motion passed unanimously

23. Sutter Butte Flood Control Agency (SBFCA) - Consideration of the Sutter Butte Basin Regional Levee Improvement Program Levee Development Impact Nexus Fee Study
Mayor Harris opened a Public Hearing
David Kuhnen spoke
Mayor Harris closed the Public Hearing
Councilmember Boomgaarden moved and Councilmember Kirchner seconded the motion to:

B. Adopt Resolution 23-170 of the City Council of the City of Yuba City approving the Sutter Butte Basin Regional Levee Program Development Impact Fee Nexus Study
The motion passed unanimously

24. Sutter Butte Flood Control Agency (SBFCA) Regional Levee Improvement Development Impact Fee Ordinance and Collection Agreement
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

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 Resolution 23-171 of the City Council of the City of Yuba City adopting the levee program development impact fee to be collected for authorized development per the Ordinance; and
D. Adopt Resolution 23-172 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
The motion passed unanimously

25. Bains-Butte House - General Plan Amendment 23-03, Rezone 23-03, and Environmental Assessment 23-06
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Councilmember Pasquale moved and Vice-Mayor Shaw seconded the motion to:

B. Adopt Resolution 23-173 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 Medium- High 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

The motion passed unanimously

26. Annual Report from the Downtown Yuba City Business Improvement District and Proposed Levy of Annual Assessment for 2024 Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

A. Adopt Resolution 23-174 Accepting and Approving the 2023-2024 Annual Report of the Downtown Yuba City Business Improvement District B. Adopt Resolution 23-175 of Intention to Levy and Collect 2024 Annual Assessments and set a Public Hearing for January 16, 2024 The motion passed unanimously

27. Public Hearing No. 2 for Updating of City Councilmember District Boundaries for Annexed Property
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
No City Council action taken – Information only

28. Appointments to City Council Regional Boards and Committees Vice-Mayor Shaw moved and Councilmember Boomgaarden seconded the motion to:

Approve the City Council Assignments to Regional Boards and Committees for Calendar Year 2024
The motion passed unanimously
Future Agenda Items

29. Future Agenda Items
No suggestions made
Reports and Communications

30. City Manager's Report

31. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Shaw
- Mayor Harris

Adjournment
Mayor Harris adjourned the Special Closed Session of the City Council and the Housing Successor Agency at 7:47 PM
_____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 4

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 16, 2024
5:00 P.M. CLOSED SESSION

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

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

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

Absent: None
Closed Session
A. Conference with Legal Counsel – Existing Litigation (Government Code, § 54956.9(d)(1))
Name of Case(s): Robert Stoddard
Claim No. 1596610128, 1796610250, 1796610262
B. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 51-516-007, located at the southwest corner of Darrough Drive and Youngs Lane, Yuba City, California; APN 61-060-015, located at 2761 Quail Pointe Drive, Yuba City California; APN 62-210- 002, located at 1488 Royo Ranchero Road, Yuba City, California; APN 62-250-040, located at 1480 Williamsburg Drive, Yuba City, California; APN 62-270-010, located at 3059 Jefferson Avenue, Yuba City, California.

Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
No public comment received

Regular Meeting
Call to Order
The Regular City Council Meeting was called to order by Mayor Harris at 6:00 PM Roll Call

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

Absent: None
Invocation/Inspiration
Ron Fortenberry, YCPD Chaplain
Pledge of Allegiance to the Flag
Dave Shaw, Vice-Mayor
City Attorney's Report on Special Closed Session Items
No reportable action
Note: For personal reasons, Councilmember Boomgaarden recused himself from Closed Session Item A
Agenda Modifications/Approval of Agenda
The SBFCA Regional Levee Improvement Program Development Impact Fee item (presented on December 19, 2023) was continued to the next Regular Meeting on February 6, 2024
Ceremonial Presentations

1. Smoke Free Places Presentation
Eric Paredes – Public Policy Advocate, Blue Zones Project gave a presentation

2. Film Yuba Sutter Presentation
Sabrina Jurisich, Regional Film Commissioner gave a presentation Public Communication

3. Appearance of Interested Citizens
No public comment

Consent Calendar
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 4-8

4. Annual Investment Policy Adoption
Approve Investment Policy as presented

5. Bains-Butte House - General Plan Amendment 23-03, Rezone 23- 03, and Environmental Assessment 23-06
Adopt Ordinance 001-24 of the City Council of the City of Yuba City approving Rezone (RZ) 23-03 rezoning 0.32 acres from the TwoFamily 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 second reading

6. Annual Community Facilities District Report Pursuant to Government Code Section 53411
No action. Note and file only

7. 2024 Council Assignments - Amended
Approve the Mayor’s Amended Assignments to Regional Boards and Committees for Calendar Year 2024

8. Waste Water Treatment Facility Lift Station 2 Rehabilitation Project - Contingency Increase
Adopt Resolution 24-001 which takes the following actions:

A. Authorize an increase in the construction contingency of $60,213.37, with a finding that it is in the best interest of the City B. Authorize Amendment No. 1 to the Professional Services Agreement with Inferrera Construction Management Group, Inc. of Shingle Springs, CA for Construction Management and Inspection Services in the amount of $22,500.00, subject to material terms, with a finding that it is in the best interest of the City
The motion was passed unanimously

Business Items

9. THIS ITEM WAS TIME CERTAIN AT 6:50PM
Public Hearing No. 3 for Updating of City Councilmember District Boundaries for Annexed Property
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
No City Council action taken – Information only

10. Levy of the 2024 Annual Assessment of the Downtown
Yuba City Business Improvement District
Mayor Harris opened a Public Hearing
No public comment
Mayor Harris closed the Public Hearing
Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to:

B. Adopt Resolution 24-002 confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2024 The motion was passed unanimously

11. Montna Bocce Ball Courts (Contract Award)
Councilmember Pasquale moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 24-003 which takes the following actions:

A. Awards a construction contract to Figueroa
Landscape Company, Inc. of Woodland, CA in the amount of their total base bid $309,419.66, plus Bid Alternate Schedule 2, Item No. 17 in the amount of $20,874.00, for a total amount of $330,293.66 B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
C. Authorizes the Finance Director to make necessary supplemental appropriations to fund the Montna Bocce Ball Courts Project The motion was passed unanimously

12. Public Works - Development Services Supervisor Classification Adjustments Councilmember Boomgaarden moved and Councilmember Kirchner seconded the motion to:

A. Adopt Resolution 24-004:

1. Approving a side letter with the Mid-Managers bargaining unit to add the Planner – Senior classification, retitle the Engineer – Senior classification to Engineer – Senior Civil, and add the Public Works Maintenance Superintendent classification

2. Authorizing the Finance Director to amend the salary schedule to reestablish the Planner – Senior classification salary range, change the title of Engineer – Senior to Engineer – Senior Civil, and reestablish the Public Works Maintenance Superintendent classification salary range

3. Reclassifying the vacant Project Manager position to a Senior Civil Engineer position
B. Authorize the Finance Director to make budget adjustments as necessary The motion was passed unanimously

13. Bogue Road Improvements – SR-99 to Railroad Avenue (Design Award) Councilmember Kirchner moved and Vice-Mayor Shaw seconded the motion to:

A. Adopt Resolution 24-005 awarding a Professional Services Agreement to MHM, Inc. of Marysville, CA for design services for the Bogue Road Improvements Project, including associated SR- 99 and sewer extension work, in the amount of $363,199 plus a 5% contingency of $18,160 for a total contract amount of $381,359, with the finding that it is in the best interest of the City B. Authorize an additional $150,000 in annual professional services to MHM, Inc. of Marysville, CA, for a total expenditure of up to $450,000 for Fiscal Year 23/24 for on-call engineering, surveying, and design services C. Authorize the Finance Director to make budget adjustments and related transfers in the amount of $270,000 in Development Impact Fee funds from the designated Third Bridge Right-of-Way Development Impact Fee fund balance to Account No. 931295- 65501 (Bogue Road Sewer Extension Project) and $30,000 in Streets and Roads funds from Bridge Street Widening Account No. 921187-65501 to Account No. 921295-65501
The motion was passed unanimously
Future Agenda Items

14. Future Agenda Items
No suggestions made
Reports and Communications

15. City Manager's Report

16. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned the Regular Meeting of the City Council at 7:11 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 5

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING

OF THE SUCCESSOR AGENCY

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 24, 2024
5:00 P.M. CLOSED SESSION

SUTTER ROOM
Special Meeting
The Special Closed Session Meeting of the Housing Successor Agency and City Council was called to order by Mayor Harris at 5:00 PM
Roll Call

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

Absent: None
Public Communication
No public comment received
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-380-017, located at southwest corner of C Street and Wilbur Avenue, Yuba City, California; APN 52-401-014, located at southwest corner of Stevens Avenue and Wilbur Avenue, Yuba City California; APN 52-401-009, located at northwest corner of Stevens Avenue and Wilbur Avenue, Yuba City California.

Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment Adjournment
Mayor Harris adjourned the Special Closed Session of the City Council and the Housing Successor Agency at 5:07 PM
_____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 6

MINUTES (DRAFT)

SPECIAL MEETING WORKSHOP

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 30, 2024
8:00 A.M. SPECIAL MEETING

HILLCREST PLAZA
229 CLARK AVENUE
YUBA CITY, CA 95991
Special Workshop
The Special City Council Workshop was called to order by Mayor Harris at 8:11 AM Roll Call

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

Absent: None
Pledge of Allegiance to the Flag
Jesse Alexander, Fire Chief
General Items

1. Council Goals and Priorities
Public Communication

2. Appearance of Interested Citizens
Toni Dianne spoke
Adjournment
Mayor Harris adjourned the Special City Council Workshop at 3:00 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 7

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING

OF THE SUCCESSOR AGENCY

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 30, 2024
4 :00 P.M. CLOSED SESSION

SUTTER ROOM
Special Meeting – Closed Session
The Special Closed Session Meeting of the Housing Successor Agency and City Council was called to order by Mayor Harris at 4:02 PM
Roll Call

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

Absent: None
Public Communication
No public comment received
Closed Session
A. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-380-025, located at 433 Plumas Blvd, Yuba City, California; APN 53- 220-030 and APN 53-194-013, located at the intersection of Main Street, Plumas Street and Percy Avenue, Yuba City California;
Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD
Under negotiation: Whether to sell the properties, and if so, the price and terms of payment Adjournment
Mayor Harris adjourned the Special Closed Session of the City Council and the Housing Successor Agency at 4:29 PM
_____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Sutter Butte Flood Control Agency (SBFCA) Regional Levee Improvement Development Impact Fee Ordinance
Recommendation: Adopt 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 second reading
Fiscal Impact: There is no general fund impact to the City Purpose:

To adopt 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.

Council’s Strategic Goal:

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

Background:

On December 19, 2023, the City Council conducted Public Hearings, adopted the following Resolutions and introduced an Ordinance associated with this item:

1. Adopted a Resolution of the City Council approving the Sutter Butte Basin Regional Levee Program Development Impact Fee Nexus Study.

2. Adopted a Resolution of the City Council adopting the levee program development impact fee to be collected for authorized development.

3. Adopted a Resolution of the City Council delegating authority to the City Manager to execute the Collection Agreement with the Sutter Butte Flood Control Agency, the Counties of Butte and Sutter and the Cities of Biggs, Gridley, Live Oak and Yuba City.

4. Introduced 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.

There was no opposition or public comment expressed regarding this matter.

The Sutter Butte Basin Nexus Study dated June 30, 2023, prepared by Larsen Wurzel and Associates, Inc. for the Sutter Butte Flood Control Agency provides the basis for a proposed Regional Levee Improvement Development Impact Fee to ensure that new development pay its proportionate share of the levee improvement costs needed to provide 200-year flood protection to the Urban (Northern) portion of the Sutter-Butte Basin and 100-year protection to the rural (southern) portion of the Basin.

The Nexus Study provides the program cost estimate that would be collected to continue providing the funding necessary to pay for the levee system improvements. It was prepared as a regional fee with the intent that each of the Local Agencies individually adopt the Regional LDIF and collect and remit the fees to the Sutter Butte Flood Control Agency (SBFCA). The nexus study and proposed fee have been adopted by partner agencies, Butte County, Sutter County and the Cities of Biggs and Live Oak.

Analysis
The proposed Ordinance establishes a new Chapter 11 in Title 8 of the City Municipal Code for the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee and specifies the purpose of the fee, applicable projects where the fee will be collected with exemptions and exclusions.

Fees collected will be placed in a new Flood Protection Improvement Fund. The fee will be applicable to new development projects that complete City entitlements (subdivision maps, development plans, etc.) after adoption of the proposed ordinance. Projects with existing approved entitlements completed before adoption of this ordinance will not be subject to the fee.

The context and background for including the purpose and reason for the Regional LDIF is further detailed within the Nexus Study, contained in Agenda Item 23 of the City Council’s December 19, 2023, staff report.

Fiscal Impact:

The proposed actions will not impact the City General Fund. Existing budgeted monies are paying for staff’s time on this matter.

Establishment of the Regional LDIF, as collected by the local land use agencies, is anticipated to generate approximately $21 million from development projects and these funds will be used to partially fund the required improvements to the Sutter Butte Basin levee systems. Complete funding for the required improvements will require additional funding sources as described in SBFCA’s adopted Strategic Plan.

Recommendation:

Adopt 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 second reading.

Attachments:

1. Proposed Ordinance

Prepared By: Submitted By:

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

Attachment 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING CHAPTER 8 OF THE YUBA CITY MUNICIPAL CODE, PLANNING AND ZONING, BY ESTABLISHING A NEW CHAPTER 11, SUTTER BUTTE

BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT

IMPACT FEE
WHEREAS, on December 19, 2023, the City Council of the City of Yuba City (“Council”) approved and adopted the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study (“Nexus Study”) prepared by the Sutter Butte Flood Control Agency (“SBFCA”) and dated June 30, 2023; and WHEREAS, the Nexus Study dated June 30, 2023, has been reviewed and considered by the Council and by reference is hereby entered into the public record; and WHEREAS, a notice of the public hearing on this Ordinance was published in the Appeal Democrat, a newspaper of general circulation on December 9, 2023; and WHEREAS, the findings required by the State of California Mitigation Fee Act (also known as “AB 1600,” Government Code sections 66000, et seq.) are made by Council with this action as contained in the administrative record and hereby incorporated by reference herein; and
WHEREAS, the Council did use its independent judgment and considered all of said reports including but not limited to the Nexus Study, recommendations and other evidence in the administrative record, all of which is hereby incorporated by reference herein; and WHEREAS, the council has considered all information related to this matter, as presented at the public hearing of the Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

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

1. Approval of Nexus Study and findings. The City Council of the City of Yuba City does hereby approve the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study report dated June 30, 2023 and incorporated herein by this reference, and Council hereby adopts this new fee based on findings required by the State of California Mitigation Act (also known as “AB 1600,” Government Code Sections 66000, et seq.), specifically Council hereby makes all of the following finds:

1. The purposes of the Regional LDIF imposed by this Ordinance are necessary to fund design and construction of Levee System Improvements for the Sutter Butte Basin; collected fees may be used for no other purpose.

2. The geographic area in which the fees will be imposed is the urban (Northern) portion of the Sutter Butte Basin and the rural (Southern) Portion of the Basin, as illustrated by the Regional LDIF Boundary Map within Exhibit “B.”

3. The estimated reasonable costs for providing the Levee System improvements are contained in the Nexus Study report.

4. There is a reasonable relationship between the type of development projects on which the fee is imposed and the uses of the fees for off-site Levee system improvements.

5. There is a reasonable relationship between the amount of the fees and the cost of the specified public improvement attributable to the development projects on which the fee is imposed.

2. Approval of Fee. The City Council of the City of Yuba City, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, hereby establishes the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee.

The Council may take future action to make other revisions to these fees. These fees shall be in addition to any fees previously imposed by the City. These fees shall be paid prior to issuance of a Certificate of Occupancy and collected and administered consistent with Title 8, Planning and Zoning, of the Municipal Code.

These fees shall be effective sixty (60) days after the adoption of this Ordinance.

3. Addition to the Municipal Code. A new Chapter 11 is added to Title 8 of the Yuba City Municipal Code to read as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.

4. Publication. Within fifteen (15) days after its final passage, the City Clerk shall cause this ordinance to be published in full accordance with Section 36933 of the Government Code.

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

6. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (60) days after its final passage andadoption.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 19th day of December, 2023, and adopted at a regular meeting held on the 6th day of February, 2024 by the following vote:

Ayes:

Noes:

Absent:

Recused:

CITY OF YUBA CITY
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

01248.0005/938717.1
EXHIBIT “A”

THE CITY COUNCIL OF THE CITY OF YUBA CITY, DOES AMEND THE CITY OF YUBA CITY CODE, BY ADDING CHAPTER 11 TO TITLE 8 PLANNING AND ZONING, AND ORDAINS AS FOLLOWS:

CHAPTER 11: SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE.

Section 8-11.100. - Title.

This Chapter shall be known as the “Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee” (Regional LDIF) regulation of the City. This Chapter shall be applicable in the incorporated territory of the City.

Section 8-11.101. – Operative Date.

The “Operative Date” of this chapter begins on the 60th day following the adoption of the ordinance codified in this Chapter and continuing for 30 years thereafter at which time, unless the Operative Date is amended prior to that date, the collection of the impact fee pursuant to Chapter shall cease.

Section 8-11.102. – Purpose.

This Chapter is adopted to impose a levee improvement development impact fee (Levee Fee) to ensure that new development, which is defined as having completed discretionary entitlement processing after the effective date of this ordinance, within the Sutter Butte Basin portion of the City of Yuba City pays its proportionate share of the levee improvement costs needed to provide 200-year level of protection to the urban (Northern) portion of the Sutter Butte Basin and 100-year level of protection to the rural (Southern) portion of the Basin. This Levee Fee, in combination with other sources of funding described within the Regional LDIF Nexus Study dated June 30, 2023 (Nexus Study), as may be updated by resolution from time to time, will fund the project to provide flood protection to the Sutter Butte Basin as detailed in the Nexus Study.

Section 8-11.103. – Fee Rate.

The Regional LDIF for the Sutter Butte Basin Levee System, based on the acreage of a project, is detailed within the Nexus Study. A Levee Fee as set forth in the Nexus Study is imposed consistent with this Chapter.

Section 8-11.104. – Total Square Footage of Development. (a) For new development of vacant land. In the case where a new development is being constructed on vacant land or land that has not previously been developed:
(1) Residential land uses. For all residential land uses, the Levee Fee is calculated proportionately to the square footage of the residential property. The total conditioned (habitable) square footage of the property is divided by 1,000 square feet to determine the total Levee Fee amount.

Conditioned or habitable square footage is livable space within a

01248.0005/938717.1
residential property excluding basements, garages, garden sheds, greenhouses, storage sheds, and covered patios.
(2) Nonresidential land uses. For nonresidential land uses, the total square footage of building space is divided by 1,000 square feet to determine the total Levee Fee amount.
(b) For development of land with existing or pre-existing structures or replacement structures:
(1) Residential land uses:
(i) For a residential expansion project in excess of 500 new habitable square feet, the incremental new square footage will be charged the Levee Fee on a 1,000 square foot basis.
(ii) For residential replacement projects, if the project involves development of a new residential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure), and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new habitable square footage will be charged the Levee Fee per 1,000 square foot basis. The net new square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage. (iii) For residential expansion or replacement projects of less than 500 new square feet, no Levee Fee will be charged.
(2) Nonresidential land uses:
(i) For nonresidential expansion projects of more than 500 new building square feet, the additional square footage will be charged the Levee Fee per 1,000 square foot basis.
(ii) For nonresidential replacement projects, if the project involves development of a new nonresidential structure after the demolition of a pre-existing structure (regardless of the use of the pre-existing structure) and the new structure is larger than the demolished structure by 500 square feet or more, only the incremental new square footage will be charged the Levee Fee on a 1,000 square foot basis. The net new building square footage in excess of 500 square feet will be determined by subtracting the documented habitable square footage of the previously existing structure from the new square footage. (iii) For nonresidential expansion or replacement projects of less than 500 new building square feet, no Levee Fee will be charged.

Section 8-11.105. Exemptions and Exclusions.

The following land uses and/or development projects are exempt from the Levee Fee:
(a) Agricultural: Development projects on land zoned Agricultural Holding District (AH). (b) Additions to pre-existing structures: Development projects that require a building permit and are not increasing the amount of new structure square footage are exempt from the

01248.0005/938717.1
Levee Fee if the project involves adding less than 500 new square feet. If the project increases the structure by 500 square feet or more, only the incremental new square footage will be charged the Levee Fee on a proportionate basis. (c) Replacement due to damage (with or without addition): If the proposed project is an inkind replacement to a previously existing structure because of fire damage or other natural disaster, the project will be exempt from the Levee Fee so long as the replacement does not increase the amount of new structure by more than 300 square feet. If the project increases the structure by more than 300 square feet, the incremental new square footage will be charged the Levee Fee on a proportionate basis. (d) Structures raised above the 200-year floodplain elevation: Development projects with structures raised above the elevation of the 200-year flood as determined by the land use agencies or structures removed from the 200-year floodplain by flood control improvements that meet the design standards applicable to the Federal-State flood control system as determined by the land use agencies, shall be exempt from the Levee Fee. The “200-year flood” and “200-year floodplain” are determined without incorporating SBFCA’s completed Feather River West Levee improvements. Detailed mapping to assist in making this determination can be found on page 4-4 of SBFCA's Final Engineer's Report dated July 14, 2010.
(e) Open space: Any development project located on land designated by the Yuba City General Plan as Parks, Recreation and Open Space..
(f) Public agency owned land (including federal, state, and local agencies): Any development project located on land owned by a Public agency and is to be used solely for public use.

Section 8-11.106. Fee Revenue Accounting.

All proceeds of the Levee Fee imposed under this Chapter shall be placed in a separate fund established by the City (Flood Protection Improvement Fund). Separate and special accounts may be established in the Flood Protection Improvement Fund and used to account for collected revenues, along with any interest earnings. Except for temporary borrowing from one City fund to another, the revenue (and interest) shall be used only for the purposes for which the Flood Protection Improvement Fund was collected.

Section 8-11.107. – Severability.

If any provision of this Chapter or the application thereof to any entity or circumstance is held invalid, the remainder of the Chapter and the application of such provision to other entities or circumstances shall not be affected thereby.

EXHIBIT B

4 11201 SBFCA DIF Nexus Report ϮϬϮϯ ϬϲϯϬ
Figure 1: Regional Levee Development Impact Fee Boundary

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: Public Employees' Union, Local 1/AFSCME 57 (Local 1) Memorandum of Understanding (MOU)
Recommendation: Adopt a Resolution:

A. Approving the Memorandum of Understanding with Public Employees' Union, Local 1/AFSCME 57
B. Authorizing the Finance Director to amend the salary schedule C. Authorize the Finance Director to prepare supplemental appropriations in the amount of $154,752
Fiscal Impact: The increase for Fiscal Year 2023-2024 is $154,752. The increase for Fiscal Year 2024-2025 is $157,854. The fiscal impact for FY 2023-2024 and 2024- 2025: General fund $151,536; Water fund $53,452; Wastewater fund $82,949; SASA $17,306; Vehicle Maintenance Fund $7,363.

Purpose:

To approve the Public Employees' Union, Local 1/AFSCME 57 (Local 1) Memorandum of Understanding (MOU) effective February 10, 2024 through June 26, 2026, which includes, the terms summarized below in the Analysis section.

Council's Strategic Goal:

This Local 1 MOU addresses the City Council's Strategic Goals of being business friendly and infrastructure.

Background:

Local 1's (FLM) Memorandum of Understanding (MOU) was effective July 1, 2022 through June 30, 2023. The City and Local 1 began meeting in May 2023 and concluded negotiations on December 21, 2023. Local 1 ratified the MOU on January 12, 2024.

Analysis:

Local 1 have agreed to a Memorandum of Understanding that includes, in summary, the following items:

1. MOU, first page, Article 24, Term of Agreement: MOU term from February 10, 2024 through June 26, 2026.

2. MOU, 4.1, Salary Schedule and 4.2, Merit Increases: Administrative"clean up" with minor editing.

3. MOU, 4.3, Salary Increases: All classifications receive a salary increase of 1.25% effective February 10, 2024.

4. MOU, 4.4, Salary Surveys: This provision memorializes the salary survey and comparable agencies.

5. MOU, 4.5, Park Maintenance Worker I: Administrative "clean up" by incorporating side letter into MOU.

6. MOU, 4.6, Wage Reopeners: Agreement on wage re-openers in January 2025 and May 2025.

7. MOU, 4.7, One-Time Payment: Employees employed on December 29, 2023 and remains employed by the City on the date of the paycheck will receive a one-time payment in the amount of $925.

8. MOU, 4.8, Deferred Compensation: Employee receive $10 per pay period into their deferred compensation account.

9. MOU, Article 5, Overtime: The City considers all paid time as time worked for the purpose of calculating overtime.

10. MOU, Article 6, Compensatory Time: Administrative "clean up" with no ability cash out compensatory time prior to separation.

11. MOU, Article 8, Holidays: Add Thanksgiving week Holiday, reduce floating holiday to one day, and cash out floating holiday along with administrative "clean up".

12. MOU, 9.1, Health Plans: Administrative "clean up".

13. MOU, 9.2 Medical-in-lieu: Administrative "clean up".

14. MOU, 9.3, Dental and Vision Plans: Administrative "clean up".

15. MOU, 9.4, Life Insurance: Administrative "clean up".

16. MOU, 9.6, Flexible Spending Account: Administrative "clean up".

17. MOU, 9.7, Dependent Care Spending Plan: Administrative "clean up".

18. MOU, 10.2, Vacation Sell-Back: Employees can sell back up to 40 hours of vacation annually.

19. MOU, Article 12, Tuition Reimbursement: Administrative "clean up" and employees may receive up to $5,150 per calendar year.

20. MOU, Article 13, Incentives: Effective February 10, 2024, qualifying employees who are proficient in a foreign language will receive 2.25% of base rate of pay. Four employees will receive a one-time bilingual stipend in the following amounts: $294, $414, $242 and $242. This is due to the change in how bilingual pay is paid and the adverse impact on the employees with the lower wages.

21. MOU, Article 14, Callback and Stand-by Pay: Changes were made to allow more flexibility, and update the the MOU for consistency, accuracy, and clarity as well as incorporate the "Electrical Standby" side letter.

22. MOU, Article 17, Certificate Pay: Qualifying employees receive 1.5% base rate of pay for Qualified Pesticide Applicator's Certificate; 1.5% base rate of pay for Pool Operations Certificate for qualifying employees; 1.5% base rate of pay for Certified Playground Safety Inspector; 1.5% base rate of pay for passenger endorsement.

23. MOU, Article 20, Catastrophic Leave and Article 22, Substance Abuse Policy: Administrative "clean up" including the incorporation of Department of Transportation Commercial Driver License Testing into Article 22, Substance Abuse Policy.

24. MOU, Article 23, Discipline Procedure: Updated language changes includes a qualifying appeal to an Administrative Law Judge.

25. MOU, Article 24, Grievance Procedure: The purpose of this updated procedure is to resolve disputes at the lowest level possible. Updated language changes includethe final step to an Arbitrator.

26. MOU, Article 25, Appendix "A" Recognition: Administrative "clean up" with updating classifications to align with salary schedule.

The following provisions were removed from the Local 1 MOU:

1. Job Sharing: This practice is no longer used and, due to changes in legislation, it is less feasible for the City to maintain this practice.

2. Health Plan Benefit Committee: This committee no longer exists.

3. Water Certificate Pay: This pay is being eliminated because it no longer benefits the City.

4. Article 25, Reopener: Outdated reopened language and is no longer applicable.

5. Department of Transportation Commercial Driver License Testing: Incoroporated into Substance Abuse Policy in the MOU.

Fiscal Impact:

The increase for Fiscal Year 2023-2024 is $154,752. The increase for Fiscal Year 2024-2025 is $157,854. Authorize the Finance Director to make the appropriate supplemental appropriations to the FY 23/24 Adopted Budget. The fiscal impact for FY 2023-2024: General Fund $78,210; Vehicle Maintenance Fund $3,401; Water Fund $24,916; SASA $8,844; Wastewater Fund $39,381.

Alternatives:

1. Do not approve Local 1's Memorandum of Understanding. If this occurs, Staff will require direction to address next steps with Local 1.

Recommendation:

Adopt a Resolution:

A. Approving the Memorandum of Understanding with Local 1.

B. Authorizing the Finance Director to amend the salary schedule.

C. Authorize the Finance Director to prepare supplemental appropriations in the amount of $154,752.

Attachments:

1. Attachment 1 - Costing

2. Attachment 2 - Local 1 Resolution

3. Attachment 3 - Local 1 MOU

4. Attachment 4 - Local 1 Salary Schedule
Prepared By: Submitted By:

Natalie Springer
Human Resources Director
Diana Langley
City Manager

ATTACHMENT 1

On-going One-time Total
FY 2023-24
Bilingual Pay One Time Stipends 1,192 1,192
One-Time Stipends - $925 - 99 employees 91575 91,575
Salary Increase - 1.25% COLA 46,669 $ 46,669
Bilingual Pay - 2.25% of Base of Salary 3,055 $ 3,055
Pesticide Certificate change to 1.5% of Base Salary 580 $ 580 Pool Operations Certificate change to 1.5% of Base Salary 904 $ 904 Certified Playground Safety Inspector - 1.5% of Base Salary - no employee data $ - - Special Class Drivers License Pay - 1.5% of Base Salary - no employee data - $ - Deferred Compensation - $10 per pay period 12,191 $ 12,191 Non- Water Cert elimination (1,413) $ (1,413)
Two -Year Cost Projections
Total Cost $ 92,767 61,986 $ 154,753 $
FY 2024-25
Salary Increase - 1.25% COLA 120,468 $ 120,468
Bilingual Pay - 2.25% of Base of Salary 6,389 $ 6,389
Pesticide Certificate change to 1.5% of Base Salary 1,268 $ 1,268 Pool Operations Certificate change to 1.5% of Base Salary 1,996 $ 1,996 Certified Playground Safety Inspector - 1.5% of Base Salary - no employee data $ - - Special Class Drivers License Pay - 1.5% of Base Salary - no employee data - $ - Deferred Compensation - $10 per pay period 31,125 $ 31,125 Non- Water Cert elimination (3,391) $ (3,391)
Two -Year Cost Projections
Total Cost $ - 157,854 $ 157,854 $
General Fund 151,536 $ 151,536 $
Water 53,452 $ 53,452 $
Wastewater 82,949 $ 82,949 $
SASA 17,306 $ 17,306 $
VMF 7,363 $ 7,363 $
City of Yuba City
Local 1 - February 6, 2024 Staff Report

ATTACHMENT 2

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE PUBLIC EMPLOYEES’ UNION, LOCAL 1/AFSCME 57

MEMORANDUM OF UNDERSTANDING
FEBRUARY 10, 2024 – JUNE 26, 2026
WHEREAS, the City recognizes the Public Employees’ Union, Local 1/AFSCME 57 (Local 1) commitment to the City and its citizens while providing outstanding and dedicated service to all and;
WHEREAS, City staff and Local 1 met and conferred over the Memorandum of Understanding and;

WHEREAS, the City appreciates the efforts and energy the Local 1 have put forth to finalize the MOU.

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

Approve the attached Local 1 Memorandum of Understanding, which includes the updated terms summarized in the associated staff report for this agenda item.

In addition, staff is authorized to make any necessary clarifying language changes as long as the changes do not modify the MOU’s substantive terms or past practice.

The Director of Finance is hereby authorized to amend the salary schedule and make the necessary budget adjustments to implement the provisions of this resolution including supplemental appropriations in the amount of $154,752.

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 6th day of February 2024.

AYES:

NOES:

ABSENT:
_________________________
Shon Harris, Mayor
ATTEST:
__________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Stacey Sheston, Special Counsel
Best Best & Krieger, LLP

ATTACHMENT 3

ATTACHMENT 4

1/26/202410:35 AM
Public Employees Union, Local #1 - EMPLOYEES HIRED PRIOR TO JUNE 9, 2018 Bargaining
JCN CLASSIFICATION Group 1 2 3 4 5 6 7 8 9
4101 ACCOUNTANT I PEU, Local 1 5,622 5,903 6,198 6,508 6,833 Monthly

32.43 34.06 35.76 37.55 39.42 Hourly
4100 ACCOUNT CLERK-INTERMEDIATE PEU, Local 1 3,909 4,104 4,309 4,524 4,752 Monthly

22.55 23.68 24.86 26.10 27.41 Hourly
4162 ACCOUNT CLERK-SENIOR PEU, Local 1 4,300 4,515 4,741 4,978 5,227 Monthly

24.81 26.05 27.35 28.72 30.15 Hourly
4244 ADMINISTRATIVE ANALYST PEU, Local 1 5,854 6,147 6,454 6,777 7,116 Monthly

33.77 35.46 37.23 39.10 41.05 Hourly
4020 ADMINISTRATIVE ASSISTANT PEU, Local 1 4,543 4,770 5,009 5,259 5,522 Monthly

26.21 27.52 28.90 30.34 31.86 Hourly
4040 ADMINISTRATIVE CLERK I PEU, Local 1 3,277 3,441 3,613 3,794 3,983 Monthly

18.91 19.85 20.84 21.89 22.98 Hourly
4060 ADMINISTRATIVE CLERK I PEU, Local 1 3,605 3,785 3,974 4,173 4,382 Monthly

20.80 21.84 22.93 24.08 25.28 Hourly
4085 ADMINISTRATIVE CLERK II PEU, Local 1 3,966 4,164 4,372 4,591 4,821 Monthly

22.88 24.02 25.22 26.49 27.81 Hourly
4090 ANIMAL SERVICES OFFICER I PEU, Local 1 3,990 4,189 4,398 4,618 4,849 Monthly

23.02 24.17 25.37 26.64 27.97 Hourly
4095 ANIMAL SERVICES OFFICER II PEU, Local 1 4,373 4,592 4,822 5,063 5,316 Monthly

25.23 26.49 27.82 29.21 30.67 Hourly
4270 BUILDING INSPECTOR I PEU, Local 1 5,261 5,524 5,800 6,090 6,395 Monthly

30.35 31.87 33.46 35.13 36.89 Hourly
4292 BUILDING INSPECTOR II PEU, Local 1 6,050 6,352 6,670 7,003 7,353 Monthly

34.90 36.65 38.48 40.40 42.42 Hourly
4062 BUILDING MAINTENANCE WORKER I PEU, Local 1 4,264 4,477 4,701 4,936 5,183 Monthly

24.60 25.83 27.12 28.48 29.90 Hourly
4121 BUILDING MAINTENANCE WORKER II PEU, Local 1 4,661 4,894 5,139 5,396 5,666 Monthly

26.89 28.23 29.65 31.13 32.69 Hourly
4285 CODE ENFORCEMENT OFFICER PEU, Local 1 5,377 5,646 5,928 6,224 6,536 Monthly

31.02 32.57 34.20 35.91 37.71 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE FEBRUARY 10, 2024

SALARY STEPS

9. 2-6-24 Salary Schedule Local 1

1/26/202410:35 AM
4115 COMMUNITY DEVELOPMENT TECH PEU, Local 1 4,440 4,662 4,895 5,140 5,397 Monthly

25.62 26.90 28.24 29.65 31.13 Hourly
4144 COMMUNITY DEVELOPMENT TECH I PEU, Local 1 4,883 5,127 5,383 5,652 5,934 Monthly

28.17 29.58 31.06 32.61 34.24 Hourly
4243 CONSTRUCTION INSPECTOR PEU, Local 1 5,819 6,110 6,415 6,736 7,072 Monthly

33.57 35.25 37.01 38.86 40.80 Hourly
4050 CUSTODIAN I PEU, Local 1 3,524 3,700 3,885 4,079 4,284 Monthly

20.33 21.35 22.41 23.53 24.71 Hourly
4082 CUSTODIAN II PEU, Local 1 3,876 4,070 4,274 4,488 4,712 Monthly

22.36 23.48 24.66 25.89 27.19 Hourly
4030 CUSTOMER SERVICES REP I PEU, Local 1 3,505 3,680 3,864 4,057 4,261 Monthly

20.22 21.23 22.29 23.41 24.58 Hourly
4070 CUSTOMER SERVICES REP II PEU, Local 1 3,840 4,032 4,234 4,446 4,668 Monthly

22.15 23.26 24.43 25.65 26.93 Hourly
4161 CUSTOMER SERVICES REP.-SENIOR PEU, Local 1 4,224 4,435 4,657 4,890 5,134 Monthly

24.37 25.59 26.87 28.21 29.62 Hourly
4170 ELECTRICAL TECHNICIAN I PEU, Local 1 5,852 6,145 6,452 6,775 7,113 Monthly

33.76 35.45 37.22 39.09 41.04 Hourly
4265 ELECTRICAL TECHNICIAN II PEU, Local 1 6,437 6,759 7,097 7,452 7,825 Monthly

37.14 38.99 40.94 42.99 45.14 Hourly
4280 ELECTRICAL TECHNICIAN III PEU, Local 1 7,081 7,435 7,807 8,197 8,607 Monthly

40.85 42.89 45.04 47.29 49.66 Hourly
4300 ENGINEER - ASSISTANT PEU, Local 1 6,412 6,733 7,070 7,423 7,793 Monthly

36.99 38.84 40.79 42.83 44.96 Hourly
4215 ENGINEERING TECHNICIAN I PEU, Local 1 4,987 5,236 5,498 5,773 6,062 Monthly

28.77 30.21 31.72 33.31 34.97 Hourly
4250 ENGINEERING TECHNICIAN II PEU, Local 1 5,391 5,661 5,944 6,241 6,553 Monthly

31.10 32.66 34.29 36.01 37.81 Hourly
4295 ENGINEERING TECHNICIAN II PEU, Local 1 6,210 6,520 6,846 7,188 7,547 Monthly

35.83 37.62 39.50 41.47 43.54 Hourly
4590 ENVIRONMENTAL COMPLIANCE INSPECTOR PEU, Local 1 5,770 6,058 6,361 6,679 7,013 Monthly

33.29 34.95 36.70 38.53 40.46 Hourly
4036 FIELD CUSTOMER SERVICE REP I PEU, Local 1 3,491 3,666 3,849 4,041 4,243 Monthly

20.14 21.15 22.21 23.31 24.48 Hourly
4083 FIELD CUSTOMER SERVICE REP II PEU, Local 1 3,840 4,032 4,234 4,446 4,668 Monthly

22.15 23.26 24.43 25.65 26.93 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:35 AM
4246 INFORMATION SYSTEMS TECHNICIAN PEU, Local 1 5,448 5,720 6,006 6,306 6,622 Monthly

31.43 33.00 34.65 36.38 38.20 Hourly
4260 INFORMATION SYSTEMS TECHNICIAN I PEU, Local 1 5,994 6,294 6,609 6,939 7,286 Monthly

34.58 36.31 38.13 40.03 42.03 Hourly
4281 INSTRUMENTATION TECHNICIAN PEU, Local 1 5,852 6,145 6,452 6,775 7,113 Monthly

33.76 35.45 37.22 39.09 41.04 Hourly
4282 INSTRUMENTATION TECHNICIAN I PEU, Local 1 6,437 6,759 7,097 7,452 7,825 Monthly

37.14 38.99 40.94 42.99 45.14 Hourly
4283 INSTRUMENTATION TECHNICIAN II PEU, Local 1 7,081 7,435 7,807 8,197 8,607 Monthly

40.85 42.89 45.04 47.29 49.66 Hourly
4110 KENNEL ATTENDANT I PEU, Local 1 3,614 3,795 3,985 4,184 4,393 Monthly

20.85 21.89 22.99 24.14 25.35 Hourly
4111 KENNEL ATTENDANT II PEU, Local 1 3,975 4,174 4,383 4,602 4,833 Monthly

22.93 24.08 25.29 26.55 27.88 Hourly
4530 LABORATORY ANALYST I PEU, Local 1 5,567 5,845 6,137 6,444 6,768 Monthly

32.12 33.72 35.41 37.18 39.04 Hourly
4581 LABORATORY ANALYST I PEU, Local 1 6,124 6,430 6,751 7,089 7,444 Monthly

35.33 37.10 38.95 40.90 42.95 Hourly
4064 LABORATORY ASSISTANT PEU, Local 1 4,841 5,083 5,337 5,604 5,885 Monthly

27.93 29.33 30.79 32.33 33.95 Hourly
4220 MECHANIC PEU, Local 1 4,750 4,988 5,237 5,499 5,774 Monthly

27.40 28.78 30.21 31.73 33.31 Hourly
4225 MECHANIC-LEAD PEU, Local 1 5,226 5,487 5,761 6,049 6,351 Monthly

30.15 31.66 33.24 34.90 36.64 Hourly
4063 PARK MAINTENANCE WORKER I PEU, Local 1 3,902 4,097 4,302 4,517 4,743 Monthly

22.51 23.64 24.82 26.06 27.36 Hourly
4122 PARK MAINTENANCE WORKER II PEU, Local 1 4,291 4,506 4,731 4,968 5,216 Monthly

24.76 26.00 27.29 28.66 30.09 Hourly
4200 PARK MAINTENANCE WORKER III PEU, Local 1 4,721 4,957 5,205 5,465 5,738 Monthly

27.24 28.60 30.03 31.53 33.10 Hourly
4245 PLANNER-ASSISTANT PEU, Local 1 5,742 6,029 6,330 6,647 6,979 Monthly

33.13 34.78 36.52 38.35 40.26 Hourly
4255 PLANS EXAMINER I PEU, Local 1 5,801 6,091 6,396 6,716 7,052 Monthly

33.47 35.14 36.90 38.75 40.68 Hourly
4256 PLANS EXAMINER II PEU, Local 1 6,381 6,700 7,035 7,387 7,757 Monthly

36.81 38.65 40.59 42.62 44.75 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:35 AM
4140 PLANT MAINTENANCE MECHANIC PEU, Local 1 5,656 5,939 6,236 6,548 6,876 Monthly

32.63 34.26 35.98 37.78 39.67 Hourly
4221 PLANT MAINTENANCE MECHANIC -SENIOR PEU, Local 1 6,222 6,533 6,860 7,203 7,563 Monthly

35.90 37.69 39.58 41.56 43.63 Hourly
4061 PUBLIC WORKS MAINTENANCE WORKER I PEU, Local 1 3,902 4,097 4,302 4,517 4,743 Monthly

22.51 23.64 24.82 26.06 27.36 Hourly
4122 PUBLIC WORKS MAINTENANCE WORKER II PEU, Local 1 4,291 4,506 4,731 4,968 5,216 Monthly

24.76 26.00 27.29 28.66 30.09 Hourly
4150 PUBLIC WORKS MAINTENANCE WORKER III PEU, Local 1 4,721 4,957 5,205 5,465 5,738 Monthly

27.24 28.60 30.03 31.53 33.10 Hourly
4080 RECREATION COORDINATOR PEU, Local 1 4,280 4,494 4,719 4,955 5,202 Monthly

24.69 25.93 27.23 28.59 30.01 Hourly
4117 REGISTERED VETERINARY TECH PEU, Local 1 4,373 4,592 4,822 5,063 5,316 Monthly

25.23 26.49 27.82 29.21 30.67 Hourly
4540 QUALITY ASSURANCE OFFICER PEU, Local 1 6,583 6,912 7,258 7,621 8,002 Monthly

37.98 39.88 41.87 43.97 46.16 Hourly
4058 UTILITIES TREATMENT PLANT MAINTENANCE WORKER PEU, Local 1 3,902 4,097 4,302 4,517 4,743 Monthly

22.51 23.64 24.82 26.06 27.36 Hourly
4118 UTILITIES TREATMENT PLANT MAINTENANCE WORKER I PEU, Local 1 4,291 4,506 4,731 4,968 5,216 Monthly

24.76 26.00 27.29 28.66 30.09 Hourly
4236 WASTEWATER COLLECTIONS MAINTENANCE WORKER I PEU, Local 1 4,271 4,485 4,709 4,944 5,191 Monthly

24.64 25.88 27.17 28.52 29.95 Hourly
4237 WASTEWATER COLLECTIONS MAINTENANCE WORKER II PEU, Local 1 5,125 5,381 5,650 5,932 6,229 Monthly

29.57 31.04 32.60 34.22 35.94 Hourly
4238 WASTEWATER COLLECTIONS MAINTENANCE WORKER III PEU, Local 1 5,770 6,058 6,361 6,679 7,013 Monthly

33.29 34.95 36.70 38.53 40.46 Hourly
4166 WASTEWATER TREATMENT FACILITY OP. TRAINEE/ PEU, Local 1 6,198 6,508 6,833 7,175 7,535 Monthly

35.76 37.55 39.42 41.39 43.47 Hourly
4235 WASTEWATER TREATMENT FACILITY OP. I PEU, Local 1 6,820 7,161 7,519 7,895 8,288 Monthly

39.35 41.31 43.38 45.55 47.82 Hourly
4293 WASTEWATER TREATMENT FACILITY OP. II PEU, Local 1 7,501 7,876 8,270 8,683 9,118 Monthly

43.28 45.44 47.71 50.09 52.60 Hourly
4284 WATER DISTRIBUTION OPERATOR I PEU, Local 1 5,142 5,399 5,669 5,952 6,249 Monthly

29.67 31.15 32.71 34.34 36.05 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:35 AM
4286 WATER DISTRIBUTION OPERATOR I PEU, Local 1 5,655 5,938 6,235 6,547 6,874 Monthly

32.63 34.26 35.97 37.77 39.66 Hourly
4287 WATER DISTRIBUTION OPERATOR II PEU, Local 1 6,504 6,829 7,170 7,529 7,905 Monthly

37.52 39.40 41.37 43.44 45.60 Hourly
4131 WATER TREATMENT PLANT OPER.TRAINEE PEU, Local 1 5,634 5,916 6,212 6,523 6,850 Monthly

32.50 34.13 35.84 37.63 39.52 Hourly
4180 WATER TREATMENT PLANT OPERATOR II PEU, Local 1 6,198 6,508 6,833 7,175 7,535 Monthly

35.76 37.55 39.42 41.39 43.47 Hourly
4230 WATER TREATMENT PLANT OPERATOR II PEU, Local 1 6,819 7,160 7,518 7,894 8,288 Monthly

39.34 41.31 43.37 45.54 47.82 Hourly
4291 WATER TREATMENT PLANT OPERATOR IV PEU, Local 1 7,501 7,876 8,270 8,683 9,118 Monthly

43.28 45.44 47.71 50.09 52.60 Hourly
Pensionable Compensation for New Members (PEPRA)
MOU Article 13.1 - Bilingual PayEmployees in classifications who are proficient in speaking a foreign language will receive Bilingual Pay in the amount of 2.5% of the base rate of pay.MOU Article 17 - Certificate PayEmployees in the Parks Division or in the Utilities TreatmentPlant Maintenance Workers who possess a Qualified Pesticide Applicator's Certificate will receive 1.5% of theirbase rate of pay.Employees in the Parks Division who possess a Pool OperationsCertificate will receive 1.5% of their base rate of payEmployees in the Community Services Department whopossess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution,Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus andpossess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay ofone and a half percent (1.5%) of their base rate of payMOU Article 18 - Shift DifferentialA shift differential of five percent (5%) of their base rate of pay shall be paid to plant operators who are assigned to work from 7:00 p.m. to 7:00 a.m.

EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

9. 2-6-24 Salary Schedule Local 1

1/26/202410:39 AM
Public Employees Union, Local #1 - EMPLOYEES HIRED ON OR AFTER JUNE 9, 2018 Bargaining
JCN CLASSIFICATION Group 1234 56789
5101 ACCOUNTANT I PEU, Local 1 5,622 5,763 5,903 6,051 6,198 6,353 6,508 6,671 6,833 Monthly

33.25 32.43 34.06 34.91 35.76 36.65 37.55 38.49 39.42 Hourly 5100 ACCOUNT CLERK-INTERMEDIATE PEU, Local 1 3,909 4,007 4,104 4,207 4,309 4,417 4,524 4,638 4,752 Monthly

22.55 23.12 23.68 24.27 24.86 25.48 26.10 26.76 27.41 Hourly 5162 ACCOUNT CLERK-SENIOR PEU, Local 1 4,300 4,408 4,515 4,628 4,741 4,860 4,978 5,102 5,227 Monthly

24.81 25.43 26.05 26.70 27.35 28.04 28.72 29.43 30.15 Hourly 5244 ADMINISTRATIVE ANALYST I PEU, Local 1 5,854 6,001 6,147 6,301 6,454 6,616 6,777 6,946 7,116 Monthly

33.77 34.62 35.46 36.35 37.23 38.17 39.10 40.07 41.05 Hourly 5020 ADMINISTRATIVE ASSISTANT PEU, Local 1 4,543 4,657 4,770 4,890 5,009 5,134 5,259 5,391 5,522 Monthly

26.21 26.87 27.52 28.21 28.90 29.62 30.34 31.10 31.86 Hourly 5040 ADMINISTRATIVE CLERK I PEU, Local 1 3,277 3,359 3,441 3,527 3,613 3,704 3,794 3,889 3,983 Monthly

18.91 19.38 19.85 20.35 20.84 21.37 21.89 22.44 22.98 Hourly 5060 ADMINISTRATIVE CLERK II PEU, Local 1 3,605 3,695 3,785 3,880 3,974 4,074 4,173 4,278 4,382 Monthly

20.80 21.32 21.84 22.38 22.93 23.50 24.08 24.68 25.28 Hourly 5085 ADMINISTRATIVE CLERK III PEU, Local 1 3,966 4,065 4,164 4,268 4,372 4,482 4,591 4,706 4,821 Monthly

22.88 23.45 24.02 24.62 25.22 25.86 26.49 27.15 27.81 Hourly 5090 ANIMAL SERVICES OFFICER I PEU, Local 1 3,990 4,090 4,189 4,294 4,398 4,508 4,618 4,733 4,849 Monthly

23.02 23.60 24.17 24.77 25.37 26.01 26.64 27.31 27.97 Hourly 5095 ANIMAL SERVICES OFFICER II PEU, Local 1 4,373 4,483 4,592 4,707 4,822 4,943 5,063 5,189 5,316 Monthly

25.23 25.86 26.49 27.16 27.82 28.52 29.21 29.94 30.67 Hourly 5270 BUILDING INSPECTOR I PEU, Local 1 5,261 5,393 5,524 5,662 5,800 5,945 6,090 6,241 6,395 Monthly

30.35 31.11 31.87 32.67 33.46 34.30 35.13 36.01 36.89 Hourly 5292 BUILDING INSPECTOR II PEU, Local 1 6,050 6,201 6,352 6,511 6,670 6,837 7,003 7,178 7,353 Monthly

34.90 35.78 36.65 37.56 38.48 39.44 40.40 41.41 42.42 Hourly 5062 BUILDING MAINTENANCE WORKER I PEU, Local 1 4,264 4,371 4,477 4,589 4,701 4,819 4,936 5,059 5,183 Monthly

24.60 25.22 25.83 26.48 27.12 27.80 28.48 29.19 29.90 Hourly 5121 BUILDING MAINTENANCE WORKER II PEU, Local 1 4,661 4,778 4,894 5,017 5,139 5,268 5,396 5,531 5,666 Monthly

26.89 27.57 28.23 28.94 29.65 30.39 31.13 31.91 32.69 Hourly 5285 CODE ENFORCEMENT OFFICER PEU, Local 1 5,377 5,512 5,646 5,787 5,928 6,076 6,224 6,380 6,536 Monthly

31.02 31.80 32.57 33.39 34.20 35.05 35.91 36.81 37.71 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE FEBRUARY 10, 2024

SALARY STEPS

9. 2-6-24 Salary Schedule Local 1

1/26/202410:39 AM
5115 COMMUNITY DEVELOPMENT TECH I PEU, Local 1 4,440 4,551 4,662 4,779 4,895 5,018 5,140 5,268 5,397 Monthly

25.62 26.26 26.90 27.57 28.24 28.95 29.65 30.39 31.13 Hourly 5144 COMMUNITY DEVELOPMENT TECH II PEU, Local 1 4,883 5,005 5,127 5,255 5,383 5,518 5,652 5,792 5,934 Monthly

28.17 28.88 29.58 30.32 31.06 31.83 32.61 33.42 34.24 Hourly 5243 CONSTRUCTION INSPECTOR PEU, Local 1 5,819 5,965 6,110 6,263 6,415 6,576 6,736 6,903 7,072 Monthly

33.57 34.41 35.25 36.13 37.01 37.94 38.86 39.83 40.80 Hourly 5050 CUSTODIAN I PEU, Local 1 3,524 3,612 3,700 3,793 3,885 3,982 4,079 4,181 4,284 Monthly

20.33 20.84 21.35 21.88 22.41 22.97 23.53 24.12 24.71 Hourly 5082 CUSTODIAN II PEU, Local 1 3,876 3,973 4,070 4,172 4,274 4,381 4,488 4,600 4,712 Monthly

22.36 22.92 23.48 24.07 24.66 25.28 25.89 26.54 27.19 Hourly 5030 CUSTOMER SERVICES REP I PEU, Local 1 3,505 3,593 3,680 3,772 3,864 3,961 4,057 4,158 4,261 Monthly

20.22 20.73 21.23 21.76 22.29 22.85 23.41 23.99 24.58 Hourly 5070 CUSTOMER SERVICES REP II PEU, Local 1 3,840 3,936 4,032 4,133 4,234 4,340 4,446 4,557 4,668 Monthly

22.15 22.71 23.26 23.84 24.43 25.04 25.65 26.29 26.93 Hourly 5161 CUSTOMER SERVICES REP.-SENIOR PEU, Local 1 4,224 4,330 4,435 4,546 4,657 4,774 4,890 5,012 5,134 Monthly

24.37 24.98 25.59 26.23 26.87 27.54 28.21 28.92 29.62 Hourly 5170 ELECTRICAL TECHNICIAN I PEU, Local 1 5,852 5,999 6,145 6,299 6,452 6,614 6,775 6,944 7,113 Monthly

33.76 34.61 35.45 36.34 37.22 38.16 39.09 40.06 41.04 Hourly 5265 ELECTRICAL TECHNICIAN II PEU, Local 1 6,437 6,598 6,759 6,928 7,097 7,275 7,452 7,638 7,825 Monthly

37.14 38.07 38.99 39.97 40.94 41.97 42.99 44.07 45.14 Hourly 5280 ELECTRICAL TECHNICIAN III PEU, Local 1 7,081 7,258 7,435 7,621 7,807 8,002 8,197 8,402 8,607 Monthly

40.85 41.87 42.89 43.97 45.04 46.17 47.29 48.47 49.66 Hourly 5300 ENGINEER - ASSISTANT PEU, Local 1 6,412 6,573 6,733 6,902 7,070 7,247 7,423 7,608 7,793 Monthly

36.99 37.92 38.84 39.82 40.79 41.81 42.83 43.89 44.96 Hourly 5215 ENGINEERING TECHNICIAN I PEU, Local 1 4,987 5,112 5,236 5,367 5,498 5,636 5,773 5,916 6,062 Monthly

28.77 29.49 30.21 30.96 31.72 32.52 33.31 34.13 34.97 Hourly 5250 ENGINEERING TECHNICIAN II PEU, Local 1 5,391 5,526 5,661 5,803 5,944 6,093 6,241 6,397 6,553 Monthly

31.10 31.88 32.66 33.48 34.29 35.15 36.01 36.91 37.81 Hourly 5295 ENGINEERING TECHNICIAN III PEU, Local 1 6,210 6,365 6,520 6,683 6,846 7,017 7,188 7,368 7,547 Monthly

35.83 36.72 37.62 38.56 39.50 40.48 41.47 42.51 43.54 Hourly 5590 ENVIRONMENTAL COMPLIANCE INSPECTOR PEU, Local 1 5,770 5,914 6,058 6,210 6,361 6,520 6,679 6,846 7,013 Monthly

33.29 34.12 34.95 35.83 36.70 37.62 38.53 39.50 40.46 Hourly 5036 FIELD CUSTOMER SERVICE REP I PEU, Local 1 3,491 3,579 3,666 3,758 3,849 3,945 4,041 4,142 4,243 Monthly

20.14 20.65 21.15 21.68 22.21 22.76 23.31 23.90 24.48 Hourly 5083 FIELD CUSTOMER SERVICE REP II PEU, Local 1 3,840 3,936 4,032 4,133 4,234 4,340 4,446 4,557 4,668 Monthly

22.15 22.71 23.26 23.84 24.43 25.04 25.65 26.29 26.93 Hourly 5246 INFORMATION SYSTEMS TECHNICIAN PEU, Local 1 5,448 5,584 5,720 5,863 6,006 6,156 6,306 6,464 6,622 Monthly

31.43 32.22 33.00 33.83 34.65 35.52 36.38 37.29 38.20 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:39 AM
5260 INFORMATION SYSTEMS TECHNICIAN II PEU, Local 1 5,994 6,144 6,294 6,452 6,609 6,774 6,939 7,111 7,286 Monthly

34.58 35.45 36.31 37.22 38.13 39.08 40.03 41.03 42.03 Hourly 5281 INSTRUMENTATION TECHNICIAN I PEU, Local 1 5,852 5,999 6,145 6,299 6,452 6,614 6,775 6,944 7,113 Monthly

33.76 34.61 35.45 36.34 37.22 38.16 39.09 40.06 41.04 Hourly 5282 INSTRUMENTATION TECHNICIAN II PEU, Local 1 6,437 6,598 6,759 6,928 7,097 7,275 7,452 7,638 7,825 Monthly

37.14 38.07 38.99 39.97 40.94 41.97 42.99 44.07 45.14 Hourly 5283 INSTRUMENTATION TECHNICIAN III PEU, Local 1 7,081 7,258 7,435 7,621 7,807 8,002 8,197 8,402 8,607 Monthly

40.85 41.87 42.89 43.97 45.04 46.17 47.29 48.47 49.66 Hourly 5110 KENNEL ATTENDANT I PEU, Local 1 3,614 3,705 3,795 3,890 3,985 4,085 4,184 4,290 4,393 Monthly

20.85 21.38 21.89 22.44 22.99 23.57 24.14 24.75 25.35 Hourly 5111 KENNEL ATTENDANT II PEU, Local 1 3,975 4,075 4,174 4,279 4,383 4,493 4,602 4,717 4,833 Monthly

22.93 23.51 24.08 24.69 25.29 25.92 26.55 27.21 27.88 Hourly 5530 LABORATORY ANALYST I PEU, Local 1 5,567 5,706 5,845 5,991 6,137 6,291 6,444 6,606 6,768 Monthly

32.12 32.92 33.72 34.56 35.41 36.29 37.18 38.11 39.04 Hourly 5581 LABORATORY ANALYST II PEU, Local 1 6,124 6,277 6,430 6,591 6,751 6,920 7,089 7,266 7,444 Monthly

35.33 36.21 37.10 38.03 38.95 39.92 40.90 41.92 42.95 Hourly 5064 LABORATORY ASSISTANT PEU, Local 1 4,841 4,962 5,083 5,210 5,337 5,471 5,604 5,745 5,885 Monthly

27.93 28.63 29.33 30.06 30.79 31.56 32.33 33.14 33.95 Hourly 5220 MECHANIC PEU, Local 1 4,750 4,869 4,988 5,113 5,237 5,368 5,499 5,637 5,774 Monthly

27.40 28.09 28.78 29.50 30.21 30.97 31.73 32.52 33.31 Hourly 5225 MECHANIC-LEAD PEU, Local 1 5,226 5,357 5,487 5,624 5,761 5,905 6,049 6,199 6,351 Monthly

30.15 30.91 31.66 32.45 33.24 34.07 34.90 35.76 36.64 Hourly 5063 PARK MAINTENANCE WORKER I PEU, Local 1 3,902 4,000 4,097 4,200 4,302 4,410 4,517 4,630 4,743 Monthly

22.51 23.08 23.64 24.23 24.82 25.44 26.06 26.71 27.36 Hourly 5122 PARK MAINTENANCE WORKER II PEU, Local 1 4,291 4,399 4,506 4,619 4,731 4,850 4,968 5,092 5,216 Monthly

24.76 25.38 26.00 26.65 27.29 27.98 28.66 29.38 30.09 Hourly 5200 PARK MAINTENANCE WORKER III PEU, Local 1 4,721 4,839 4,957 5,081 5,205 5,335 5,465 5,601 5,738 Monthly

27.24 27.92 28.60 29.31 30.03 30.78 31.53 32.31 33.10 Hourly 5245 PLANNER-ASSISTANT PEU, Local 1 5,742 5,886 6,029 6,180 6,330 6,489 6,647 6,813 6,979 Monthly

33.13 33.96 34.78 35.65 36.52 37.44 38.35 39.31 40.26 Hourly 5255 PLANS EXAMINER I PEU, Local 1 5,801 5,946 6,091 6,244 6,396 6,556 6,716 6,884 7,052 Monthly

33.47 34.30 35.14 36.02 36.90 37.82 38.75 39.72 40.68 Hourly 5256 PLANS EXAMINER II PEU, Local 1 6,381 6,541 6,700 6,868 7,035 7,211 7,387 7,572 7,757 Monthly

36.81 37.74 38.65 39.62 40.59 41.60 42.62 43.68 44.75 Hourly 5140 PLANT MAINTENANCE MECHANIC PEU, Local 1 5,656 5,798 5,939 6,088 6,236 6,392 6,548 6,712 6,876 Monthly

32.63 33.45 34.26 35.12 35.98 36.88 37.78 38.72 39.67 Hourly 5221 PLANT MAINTENANCE MECHANIC -SENIOR PEU, Local 1 6,222 6,378 6,533 6,697 6,860 7,032 7,203 7,383 7,563 Monthly

35.90 36.80 37.69 38.64 39.58 40.57 41.56 42.59 43.63 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:39 AM
5061 PUBLIC WORKS MAINTENANCE WORKER I PEU, Local 1 3,902 4,000 4,097 4,200 4,302 4,410 4,517 4,630 4,743 Monthly

22.51 23.08 23.64 24.23 24.82 25.44 26.06 26.71 27.36 Hourly 5120 PUBLIC WORKS MAINTENANCE WORKER II PEU, Local 1 4,291 4,399 4,506 4,619 4,731 4,850 4,968 5,092 5,216 Monthly

24.76 25.38 26.00 26.65 27.29 27.98 28.66 29.38 30.09 Hourly 5150 PUBLIC WORKS MAINTENANCE WORKER III PEU, Local 1 4,721 4,839 4,957 5,081 5,205 5,335 5,465 5,601 5,738 Monthly

27.24 27.92 28.60 29.31 30.03 30.78 31.53 32.31 33.10 Hourly 5080 RECREATION COORDINATOR PEU, Local 1 4,280 4,387 4,494 4,607 4,719 4,837 4,955 5,078 5,202 Monthly

24.69 25.31 25.93 26.58 27.23 27.91 28.59 29.30 30.01 Hourly 5117 REGISTERED VETERINARY TECH PEU, Local 1 4,373 4,483 4,592 4,707 4,822 4,943 5,063 5,189 5,316 Monthly

25.23 25.86 26.49 27.16 27.82 28.52 29.21 29.94 30.67 Hourly 5540 QUALITY ASSURANCE OFFICER PEU, Local 1 6,583 6,748 6,912 7,085 7,258 7,440 7,621 7,811 8,002 Monthly

37.98 38.93 39.88 40.88 41.87 42.92 43.97 45.06 46.16 Hourly 5058 UTILITIES TREATMENT PLANT MAINTENANCE WORKER I PEU, Local 1 3,902 4,000 4,097 4,200 4,302 4,410 4,517 4,630 4,743 Monthly

22.51 23.08 23.64 24.23 24.82 25.44 26.06 26.71 27.36 Hourly 5118 UTILITIES TREATMENT PLANT MAINTENANCE WORKER II PEU, Local 1 4,291 4,399 4,506 4,619 4,731 4,850 4,968 5,092 5,216 Monthly

24.76 25.38 26.00 26.65 27.29 27.98 28.66 29.38 30.09 Hourly 5236 WASTEWATER COLLECTIONS MAINTENANCE WORKER I PEU, Local 1 4,271 4,378 4,485 4,597 4,709 4,827 4,944 5,068 5,191 Monthly

24.64 25.26 25.88 26.52 27.17 27.85 28.52 29.24 29.95 Hourly 5237 WASTEWATER COLLECTIONS MAINTENANCE WORKER II PEU, Local 1 5,125 5,253 5,381 5,516 5,650 5,791 5,932 6,079 6,229 Monthly

29.57 30.31 31.04 31.82 32.60 33.41 34.22 35.07 35.94 Hourly 5238 WASTEWATER COLLECTIONS MAINTENANCE WORKER III PEU, Local 1 5,770 5,914 6,058 6,210 6,361 6,520 6,679 6,846 7,013 Monthly

33.29 34.12 34.95 35.83 36.70 37.62 38.53 39.50 40.46 Hourly 5166 WASTEWATER TREATMENT FACILITY OP. TRAINEE/I PEU, Local 1 6,198 6,353 6,508 6,671 6,833 7,004 7,175 7,355 7,535 Monthly

35.76 36.65 37.55 38.49 39.42 40.41 41.39 42.43 43.47 Hourly 5235 WASTEWATER TREATMENT FACILITY OP. II PEU, Local 1 6,820 6,991 7,161 7,340 7,519 7,707 7,895 8,092 8,288 Monthly

39.35 40.33 41.31 42.35 43.38 44.46 45.55 46.68 47.82 Hourly 5293 WASTEWATER TREATMENT FACILITY OP. III PEU, Local 1 7,501 7,689 7,876 8,073 8,270 8,477 8,683 8,900 9,118 Monthly

43.28 44.36 45.44 46.58 47.71 48.91 50.09 51.35 52.60 Hourly 5284 WATER DISTRIBUTION OPERATOR I PEU, Local 1 5,142 5,271 5,399 5,534 5,669 5,811 5,952 6,101 6,249 Monthly

30.41 29.67 31.15 31.93 32.71 33.53 34.34 35.20 36.05 Hourly 5286 WATER DISTRIBUTION OPERATOR II PEU, Local 1 5,655 5,797 5,938 6,087 6,235 6,391 6,547 6,710 6,874 Monthly

33.44 32.63 34.26 35.12 35.97 36.87 37.77 38.71 39.66 Hourly 5287 WATER DISTRIBUTION OPERATOR III PEU, Local 1 6,504 6,667 6,829 7,000 7,170 7,350 7,529 7,717 7,905 Monthly

38.46 37.52 39.40 40.38 41.37 42.40 43.44 44.52 45.60 Hourly

9. 2-6-24 Salary Schedule Local 1

1/26/202410:39 AM
5131 WATER TREATMENT PLANT OPER.TRAINEE PEU, Local 1 5,634 5,775 5,916 6,064 6,212 6,368 6,523 6,686 6,850 Monthly

32.50 33.32 34.13 34.98 35.84 36.74 37.63 38.57 39.52 Hourly 5180 WATER TREATMENT PLANT OPERATOR II PEU, Local 1 6,198 6,353 6,508 6,671 6,833 7,004 7,175 7,355 7,535 Monthly

35.76 36.65 37.55 38.49 39.42 40.41 41.39 42.43 43.47 Hourly 5230 WATER TREATMENT PLANT OPERATOR III PEU, Local 1 6,819 6,990 7,160 7,339 7,518 7,706 7,894 8,091 8,288 Monthly

39.34 40.33 41.31 42.34 43.37 44.46 45.54 46.68 47.82 Hourly 5291 WATER TREATMENT PLANT OPERATOR IV PEU, Local 1 7,501 7,689 7,876 8,073 8,270 8,477 8,683 8,900 9,118 Monthly

43.28 44.36 45.44 46.58 47.71 48.91 50.09 51.35 52.60 Hourly Pensionable Compensation for New Members (PEPRA)
MOU Article 13.1 - Bilingual PayEmployees in classifications who are proficient in speaking a foreign language will receive Bilingual Pay in the amount of 2.5% of the base rate of pay.MOU Article 17 - Certificate PayEmployees in the Parks Division or in the Utilities TreatmentPlant Maintenance Workers who possess a QualifiedPesticide Applicator's Certificate will receive 1.5% of theirbase rate of pay.Employees in the Parks Division who possess a Pool OperationsCertificate will receive 1.5% of their base rate of payEmployees in the Community Services Department who possess a Certified Playground Safety Inspector Certificatewill receive 1.5% of their base rate of payEmployees in the following divisions: Water Distribution, Wastewater Collections, Utilities, Fleet, Streets, Parks Maintenance, and Recreation who drive the bus and possess a valid California Driver's License with a passenger endorsement receive Special Class Driver's License Pay ofone and a half percent (1.5%) of their base rate of payMOU Article 18 - Shift DifferentialA shift differential of five percent (5%) of their base rate of pay shall be paid to plant operators who are assigned to work from 7:00 p.m. to 7:00 a.m.

EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

9. 2-6-24 Salary Schedule Local 1

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 5th Street Bridge - Marysville Property Transfer Recommendation: Adopt a Resolution authorizing the Public Works Director to execute all documents necessary to transfer certain real property identified as Yuba County Assessor Parcel Nos. 010-156-005 & 010-156-006 (426 J St. & 1000 5th St., Marysville, CA) from the City of Yuba City to the City of Marysville Fiscal Impact: Minimal staff time
Purpose:

To complete the planned transfer of property that the City of Yuba City acquired as lead agency for the 5 th Street Bridge Replacement Project to the City of Marysville now that the bridge project is being closed out by Caltrans.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goal of fiscal responsibility as the subject property cannot be developed to its full potential until transfer to the City of Marysville is complete.

Background:

On June 21, 2016, the Cities of Marysville and Yuba City entered into a Cooperative Agreement (Attachment 1, Exhibit A) authorizing Yuba City to be the Lead Agency for the 5th Street Bridge Replacement Project within Marysville City Limits. Section 3 of the terms of this agreement authorized Yuba City to exercise its powers of eminent domain to acquire property located within the City of Marysville as necessary to complete the project. Section 4 of the terms of the agreement required that title to such property be in Yuba City’s name until such time that both Cities agree that it is appropriate for Yuba City to quitclaim such property to Marysville.

On September 6, 2016, Yuba City conducted a Public Hearing and adopted Resolution No. 16-057 determining that the public interest and necessity required the acquisition and condemnation of certain real property located at 426 J Street and 1000 5th Street, Marysville, California (Yuba County APN 010- 156-005 and 010-156-006, respectively) for the purposes of the project. The final order of condemnation was filed by Yuba County Superior Court on December 12, 2017 with the property officially vesting in the City of Yuba City on December 22, 2017 (Document 2017-016796) (Attachment

1, Exhibit B). A detailed image of the properties is providedin Attachment 1, Exhibit C.

Analysis:

The 5th Street Bridge Replacement Project is complete and in the process of being closed out by Caltrans. The City of Marysville has requested via electronic mail that the subject property be transferred from Yuba City to Marysville.

The transfer of this property between agencies is exempt from current requirements of the Surplus Land Act in accordance with Government Code Section 54234.a(1). Marysville will be responsible for following the current requirements of the Surplus Land Act in the event it seeks to dispose of the property in the future.

Marysville staff will be responsible for performing all tasks necessary to complete the transfer of the subject property outside of Yuba City signature responsibilities.

Staff is requesting authorization for the Public Works Director to execute all documents necessary to facilitate this planned transfer of property.

Fiscal Impact:

There will be minimal staff time involved in executing the necessary documents. The property was acquired with Regional Surface Transportation Funds awarded to Yuba City by SACOG with no local match funds required due to Toll Credits. Staff recommends transferring the subject property to Marysville at essentially no cost. Marysville will be responsible for all costs related to the transfer of the subject property outside of Yuba City staff time.

Alternatives:

1. Do not approve the transfer of property and direct staff on next steps.

2. Provide the requested authorization to the City Manager or Mayor instead of the Public Works Director.

Recommendation:

Adopt a Resolution authorizing the Public Works Director to execute all documents necessary to transfer certain real property identified as Yuba County Assessor Parcel Nos. 010-156-005 & 010-156- 006 (426 J St. & 1000 5th St., Marysville, CA) from the City of Yuba City to the City of Marysville.

Attachments:

1. Resolution - Marysville Property Transfer

2. Exhibit A - Cooperative Agreement

3. Exhibit B - Recorded Final Order of Condemnation

4. Exhibit C - Detailed Site Maps
Prepared By: Submitted By:

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

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL DOCUMENTS

NECESSARY TO TRANSFER CERTAIN REAL PROPERTY IDENTIFIED AS YUBA COUNTY ASSESSOR PARCEL NOS. 010-156-005 AND 010-156-006 (426 J STREET AND 1000 5TH

STREET, MARYSVILLE, CA) FROM YUBA CITY TO MARYSVILLE
WHEREAS, On June 21, 2016, the Cities of Marysville and Yuba City entered into a Cooperative Agreement (Exhibit A) authorizing Yuba City to be the Lead Agency for the 5th Street Bridge Replacement Project (Project) within Marysville City Limits; and WHEREAS, Section 3 of the terms of the Cooperative Agreement authorized Yuba City to exercise its powers of eminent domain to acquire property located within the City of Marysville as necessary to complete the Project; and
WHEREAS, Section 4 of the terms of the Cooperative Agreement required that title to such property be in Yuba City’s name until such time that both Cities agree that it is appropriate for Yuba City to quitclaim such property to Marysville; and WHEREAS, on September 6, 2016, Yuba City conducted a Public Hearing and adopted Resolution No. 16-057 determining that the public interest and necessity required the acquisition and condemnation of certain real property located at 426 J Street and 1000 5th Street, Marysville, California (Yuba County APN 010-156-005 and 010-156-006, respectively) for the purposes of the Project; and
WHEREAS, the final order of condemnation for said real properties was filed by Yuba County Superior Court on December 12, 2017 with the property officially vesting in the City of Yuba City on December 22, 2017 (Document 2017-016796) (Exhibit B); and WHEREAS, the Cities of Marysville and Yuba City now desire that Yuba City quitclaim said properties to Marysville; and
WHEREAS, Marysville will be responsible for performing all tasks necessary to complete the transfer of said properties outside of Yuba City signature responsibilities; and WHEREAS, since the property was acquired with Regional Surface Transportation Funds awarded to Yuba City by SACOG with no local match funds required due to Toll Credits, the transfer of said properties shall occur at essentially no cost; and WHEREAS, Marysville will be responsible for all costs related to the transfer of said properties outside of Yuba City staff time.

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 Public Works Director to execute all documents necessary to transfer certain real property identified as Yuba County Assessor Parcel Nos.

010-156-005 & 010-156-006 (426 J St. & 1000 5th St., Marysville, CA) from the City of Yuba City to the City of Marysville.

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 6th day of February, 2024.

AYES:

NOES:

ABSENT:
_____________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Cooperative Agreement
Exhibit “B” – Recorded Final Order of Condemnation
Exhibit “C” – Detailed Site Maps

EXHIBIT “A”

EXHIBIT “B”

EXHIBIT “C”

5 th Street Bridge Replacement Project
Gisi Property
APNs: 010-156-005 & 006
BRI 14087 17
____________________________ BENDER ROSENTHAL, INC. ______________________________ ASSESSOR’S PARCEL MAP

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Green Means Go Program – Harter Parkway Corridor Improvement Project Recommendation: Adopt a Resolution approving the plans and specifications for the Harter Parkway Corridor Improvement Project and authorizing advertisement for bids on the project
Fiscal Impact: Engineer’s Estimate: $1,351,000.00
Purpose:

To facilitate and encourage the development of infill property located in the Harter Specific Plan area.

Council’s Strategic Goal:

This project addresses multiple City Council Strategic Goals: maintaining the financial stability and sustainability of the City, enhancing the business-friendly environment for the City, and developing the City’s infrastructure.

Background:

On March 5, 2019, Council adopted a Resolution supporting the Sacramento Area Council of Governments’ (SACOG’s) Green Means Go initiative. This initiative is a multi-year pilot program to lower gas emissions in the six-county Sacramento region, which includes Sutter County, by accelerating infill development, maximizing travel options, and encouraging electric charging infrastructure. The program is anticipated to bring additional State funding to our region.

On September 21, 2021, Council adopted a Resolution nominating two Green Zones for the program (the Redevelopment Zone and the Promotion Zone) based on substantial coordination between City and SACOG staff. The proposed Green Zones were established based on the Green Means Go program’s concept of analyzing a jurisdiction’s infill and undeveloped parcels, and then finding locations that have existing challenges and barriers for development.

On October 27, 2022, after pre-application consultation with SACOG staff, City staff submitted a Green Means Go grant application for the Harter Parkway Corridor Improvement Project with the

intention to encourage development of future multi-family housing at the southwest corner of Harter Parkway and Butte House Road (Attachment 2).

Analysis:

On March 16, 2023, SACOG notified staff that the City’s application was approved. The grant agreement was executed by the City and SACOG on October 18, 2023. MHM, Inc., a local engineering design company, has completed the sewer improvement plans, specifications, and estimate. With Council approval of the plans and specifications, and authorization to bid, Staff anticipates the following schedule to complete the project:

Advertise for Bid: February 2024
Award Contract: April 2024
Start of Construction: June 2024
Completion: October 2024
Grant funds must be spent by June 30, 2026.

The plans and specifications for the project are on file in the Public Works Department at City Hall and at www.yubacity.net/publicworksplans for review.

Fiscal Impact:

The estimated total project cost is approximately $1,351,000.00. Account No. 1331 (Harter Parkway Corridor Improvements) has approximately $1,410,000 in funding available. Detailed fiscal impacts will be presented to Council at the time of award based on actual bid amounts.

SACOG staff have notified City staff that the Governor’s draft budget, expected to be released in May, could potentially reduce or eliminate the City’s Green Means Go grant funding. Staff will monitor the situation and coordinate with the development community accordingly. An award recommendation will not be made unless the grant funding is confirmed.

Alternatives:

1. Do not approve the plans and specifications for the Harter Parkway Corridor Improvement Project and do not authorize advertisement for bids on the project.

2. Direct staff to modify the proposed plans and/or specifications.

Recommendation:

Adopt a Resolution approving the plans and specifications for the Harter Parkway Corridor Improvement Project and authorizing advertisement for bids on the project.

Attachments:

1. Resolution - Green Means Go Program – Harter Parkway Corridor Improvement Project

2. Harter Parkway Corridor Improvement Project Location Map Prepared By: Submitted By:

Kevin Bradford Diana Langley

Deputy Public Works Director – Engineering
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE

PLANS AND SPECIFICATIONS FOR THE HARTER PARKWAY CORRIDOR IMPROVEMENT PROJECT (24-01), AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT WHEREAS, the Sacramento Area Council of Governments’ (SACOG’s) Green Means Go Program is a multi-year pilot program to lower gas emissions in the six-county Sacramento region, which includes Sutter County, by accelerating infill development, maximizing travel options, and encouraging electric charging infrastructure; and
WHEREAS, the City Council of the City of Yuba City has been supportive of the Green Means Go Program through Resolutions 19-011 and 21-139; and
WHEREAS, the City has been awarded a Green Means Go Program grant by SACOG in the Capital category for the Harter Parkway Corridor Improvement Project, which is expected to accelerate the infill development of multi-family housing; and WHEREAS, the Public Works Department intends to solicit bids for construction of the Harter Parkway Corridor Improvement Project (24-01) (Project).

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

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

2. The plans and specifications for the Project are approved.

3. The Public Works Department is hereby authorized and directed to advertise for bids for the Project.

The foregoing joint 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 6 th day of
February, 2024.

AYES:

NOES:

ABSENT:
___________________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

BUTTE HOUSE RD

RUTH AVE
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REDDING AVE

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BRYAN WAY

JAYNE CT

POOLE BLVD
ATTACHMENT 2
.

Project Location

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Yuba City Planning Commissioner appointment to Sutter County Planning Commission
Recommendation: Confirm the appointment of James Nore, Yuba City Planning Commissioner, to the Sutter County Planning Commission and forward the recommendation to the Sutter County Board of Supervisors
Fiscal Impact: None
Purpose:

To appoint a Planning Commissioner to the Sutter County Planning Commission in accordance with the Yuba City Municipal Code and Planning Commission By-Laws.

Council's Strategic Goal:

This item does not directly meet one of the Council’s strategic goals but is necessary to comply with Municipal Code Section 8-1.02 and Sutter County Ordinance Code Chapter 72.

Background:

Both the Yuba City and Sutter County Codes require that a Planning Commissioner from each jurisdiction sit on each other’s Planning Commission. Additionally, through the Election of Officers proceedings established in the Planning Commission Bylaws, the Mayor is to annually make a recommended appointment of an active Yuba City Planning Commissioner, to the Sutter County Planning Commission.

It is beneficial for the community when the City and County governmental bodies cooperate on various projects that impact both jurisdictions. Having a member of the Yuba City Planning Commission serving as a representative on the Sutter County Planning Commission and a member of the Sutter County Planning Commission serving on the Yuba City Planning Commission ensures that the interests, perspectives and priorities of each jurisdiction are voiced and considered, thus resulting in more informed decision-making. These projects may include regional environmental analysis, the expansion of infrastructure, the conversion of agricultural land to urban uses, and the distribution of natural resources.

After consideration, Mayor Harris selected Planning Commissioner James Nore this calendar year to serve as the representative on the Sutter County Planning Commission.

Although Commissioner Nore is a relatively new Planning Commissioner, he has demonstrated himself over the last year to be a valuable member of the Yuba City Planning Commission and will bring a wellrounded perspective to the Sutter County Planning Commission.

This appointment is required to be approved by the City Council and confirmed by the Sutter County Board of Supervisors.

Analysis:

Municipal Code Section 8-1.02 and Yuba City Planning Commission By-Laws require the Planning Commission’s recommendation be transmitted to the City Council who, in turn, shall forward that recommendation to the Sutter County Board of Supervisors for consideration. Term limits for the appointment end February 28th of each year.

Fiscal Impact:

None.

Alternatives:

Do not approve the appointment and the Council should provide direction of how it desires to proceed.

Recommendation:

Confirm the appointment of James Nore, Yuba City Planning Commissioner, to the Sutter County Planning Commission and forward the recommendation to the Sutter County Board of Supervisors.

Attachments:

1. James Nore Planning Commissioner Application
Prepared By: Submitted By:

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

ATTACHMENT 1

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Newkom Ranch Development Agreement Amendment
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City adopting the Restated Newkom Ranch Development Agreement for the Newkom Ranch Portion of the Bogue-Stewart Master Plan; Assessor’s Parcels 55-240- 011, 55-240-013, 55-240-012, 55-240-015, 55-240-017, 55-240-016, 55-240- 018, 55-240-005; and waive the first reading
Fiscal Impact: Staff time with this action. Existing budgeted monies are paying for the staff time to process this item.

Purpose:

Consideration of a Restated Newkom Ranch Development Agreement within the Bogue-Stewart Master Plan area.

Council’s Strategic Goal:

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

Background:

The Bogue-Stewart Master Plan guides the orderly development of 741.5 acres located along the southern edge of Yuba City and provides for a mix of residential and commercial uses, parks and recreational sites, and public facilities. Work to finalize the BSMP began in 2015, where substantial acreage was annexed into the City limits in 2021.

On November 13, 2019, the Planning Commission unanimously recommended approval to the City Council of the BSMP and this included the following entitlement applications (General Plan Amendment 14-05, Specific Plan Amendment 16-05, Pre-annexation Zoning 14-04) together with an Environmental Impact Report (EIR). Additionally, the Planning Commission contingently approved the Newkom Ranch and Kells East Ranch subdivisions within the BSMP area and recommended approval of Development Agreements for each subdivision. The Newkom Ranch subdivisions included a large lot subdivision map (TSM 14-06) creating 12 lots ranging in size from 3.61 to 21.48 acres and a small-lot subdivision map (TSM 14-07) dividing nine large lots into 423 single-family residential lots. The Newkom Ranch

area is reflected in Attachment 2.

On December 17, 2019, and January 21, 2020, the City Council certified the Environmental Impact Report (SCH#2017012009) and approved the BSMP project (General Plan Amendment 14-05, Specific Plan Amendment 16-05, Pre-annexation Zoning 14-04) together with two Development Agreements associated with the Newkom Ranch and Kells East Ranch subdivisions.

A lead developer in the master plan area, Newkom Ranch LLC, has been coordinating to bring residential and commercial development to an approximate 161-acre area east of State Route (SR) 99, south of Bogue Road. The City approved Development Agreement 19-01 for the Newkom Ranch Subdivisions on January 21, 2020.

Based on the configuration of the BSMP and the location of existing infrastructure, the initial development phase, Newkom Ranch, will require construction improvements to Bogue Road from SR 99 to Railroad Avenue. A portion of these improvement costs along Bogue Road are City impact fee eligible. Concurrently, the City programmed American Rescue Plan Act of 2021 (ARPA) funds to aid the construction of the Bogue Road Sewer Extension project, included in this segment of Bogue Road, to help extend a critical segment of the proposed trunk line sewer main to the west, to also aid future development by providing capacity for the west and northern portions of the City.

Newkom Ranch LLC has contacted the City to request funding support for the City-fee eligible items associated with Bogue Road. As part of the funding request, the Developer has indicated they are willing to commit to the design and construction of infrastructure improvements associated with Phillips Road and BSMP storm drainage improvements in the amount of approximately $14M, with specific timelines related to initiating adjacent development.

On October 17, 2023, the City Council unanimously authorized staff to initiate an amendment to the existing Newkom Ranch Development Agreement to establish terms that help move the construction of Bogue Road forward in partnership with Newkom Ranch for mutual benefit.

On January 24, 2024, the Planning Commission conducted a Public Hearing, accepted public testimony, considered the proposed Restated Newkom Ranch Development Agreement and adopted Resolution 2024-03 recommending approval of the amended agreement to the City Council by a 5-1 vote (1 member absent, excused).

Analysis:

Historically, the City has required developers to build as they go and enter reimbursement agreements for fee-eligible items. This historical process has had negative consequences at times, where roads are improved in an incremental fashion or development stalls because of the risk of unknown reimbursement timelines for the developer. In addition, the current condition of this portion of Bogue Road is in poor shape, and regardless of the status of the BSMP, maintenance work is necessary.

Staff recognizes that in addition to City maintenance needs, some of the infrastructure required for Bogue Road is for future capacity, aligned with the full build out of the City, thus a substantial portion of the costs are eligible for City reimbursement. Also, as mentioned previously, the current condition of Bogue Road needs maintenance work. If the Newkom Ranch developer is required to address the existing deficiencies as well as construct the buildout of the road, it will place the development in a negative financial position due to the cost of these improvements. The full buildout of this development will not recover enough impact fee dollars to offset the initial Bogue Road costs.

Staff analyzed funding and development impacts associated with the request. Through review, there are many potential benefits to the City and residents that may occur should the City consider modifying

the existing Development Agreement and help upfront the City’s obligations associated with the infrastructure:

1. Construction of a consistent – fully built out / improved roadway segment

2. Avoiding conflicts and redundant costs associated with sewer line construction

3. Backbone infrastructure is put in place for commercial and residential properties within BSMP, as well as existing properties located north of Bogue Road

4. Revenue to the City through property and sales tax

5. Needed housing for the community

6. Needed commercial for the area (i.e. potential grocery store) A Development Agreement provides the opportunity to establish specific terms and conditions associated with funding, developer obligations, and timelines. Through an amendment, staff anticipates clarifying costs and scope related to SR 99 improvements to access Bogue Road, future commercial sites, and also looking to streamline development processes for commercial Tentative Parcel Maps and Development Plan approval with the high level of review and design that has been provided in the BSMP.

Most of the proposed Development Agreement revisions occur in Sections 4 (Developer Obligations) and 5 (City Obligations) and pertain to the responsibility of each party to design and install various infrastructure improvements.

In proposed Sections 5.5 – 5.7, it is proposed the City will conduct ministerial (staff-level review and approvals) for Tentative Parcel Maps for commercial and office park designated areas, and Development Plans for Medium-High density residential uses, and commercial and office park designated areas.

This proposal aligns with current requirements for Development Plans within the Central City Specific Plan area. All Development Plans are approved ministerially (staff-level) that are consistent with the Master Plan and Zoning Code requirements.

Environmental Considerations:

An EIR was certified for the BSMP (SCH #2017012009) by the City Council on December 17, 2019.

The Newkom Ranch area within the BSMP contained project-specific environmental analysis so no further environmental review is required for subsequent approvals that are proposed consistent with the certified EIR and there are no occurrences of any of the circumstances described in Public Resources Code (PRC) Section 21166.

The proposed amendments to the adopted Newkom Ranch Development Agreement do not propose physical changes to the environment that were not previously analyzed by the certified EIR.

Development resulting from the provisions contained within the Development Agreement amendment will only occur within the Newkom Ranch portion of the BSMP, and development, including needed infrastructure, will be consistent with the existing adopted BSMP and adopted Zoning Code standards.

All applicable mitigation measures adopted as part of the certified EIR will be implemented on development proposed. As a result, no additional environmental review is required for this Development Agreement amendment.

Fiscal Impact:

Staff time with this action. Existing budgeted monies are paying for the staff time to process this item.

The request from Newkom Ranch, LLC is for the City to help front Bogue Road and SR-99 Improvements, where the City would contribute to building first and wait for development to occur with

reimbursement. The road costs are estimated at approximately $9M, including maintenance needs.

Sewer line improvements are estimated at a cost of $3-4M. The City has previously programmed $1.5M of Wastewater funds and $2M of ARPA funds for the sewer extension work.

An alternative option to utilizing cash to fund the improvements is to finance the project through bonds.

If Council is interested in this option, staff will work with municipal financial advisors to determine the options.

Through the process of establishing an amended Development Agreement, costs, funding options, (such as bonding), and timelines for development reimbursement to initiate will be further analyzed and provided to Council for future consideration.

Alternatives:

1. Deny the proposed Restated Newkom Ranch Development Agreement.

2. Provide alternative direction to staff.

Recommendations:

A. Conduct a Public Hearing; and after consideration;
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City adopting the Restated Newkom Ranch Development Agreement for the Newkom Ranch Portion of the BogueStewart Master Plan area; Assessor’s Parcels 55-240-011, 55-240-013, 55-240-012, 55-240-015, 55- 240-017, 55-240-016, 55-240-018, 55-240-005; and waive the first reading Attachments:

1. City Council Uncodified Ordinance

2. BSMP Land Use Map

3. Map of Newkom Ranch Area
Prepared By: Submitted By:

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

ATTACHMENT 1

ORDINANCE NO. ________

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

YUBA CITY ADOPTING THE RESTATED DEVELOPMENT AGREEMENT FOR

THE NEWKOM RANCH PORTION OF THE BOGUE STEWART MASTER
PLAN AREA (ASSESSOR’S PARCELS 55-240-011, 55-240-013, 55-240-012, 55-240-015, 55-240-017, 55-240-016, 55-240-018, 55-240-005) WHEREAS, the City Council of the City of Yuba City approved the Bogue-Stewart Master Plan (BSMP) and related entitlements for the Newkom Ranch portion of the plan area on December 17, 2019 and January 21, 2020 that included the following development applications:
• General Plan Amendment 14-05
• Specific Plan Amendment 16-05
• Rezoning 14-04
• Tentative Subdivision Maps 14-06 and 14-07
• Environmental Assessment 14-14 (Certification of the EIR, SCH #2017012009) WHEREAS, approval of Tentative Subdivision Maps 14-06 and 14-07 included a Development Agreement by and between the City of Yuba City and Newkom Ranch LLC, that was recorded as Document Number 2020-0010615; and
WHEREAS, on October 17, 2023, the City Council of the City of Yuba City unanimously authorized City staff to initiate an amendment to the existing Newkom Ranch Development Agreement to establish terms to facilitate the installation of infrastructure needed to allow development to commence and to streamline approvals for the first phase of development; and WHEREAS, an Environmental Impact Report (EIR) was previously certified for the BSMP (SCH #2017012009) by the City Council on December 17, 2019. The Newkom Ranch area within the BSMP contained project-specific environmental analysis so that no further environmental review is required for subsequent approvals that are proposed consistent with the certified EIR and there are no occurrences of any of the circumstances described in Public Resources Code (PRC) Section 21166. The proposed amendments to the adopted Development Agreement do not propose physical changes to the environment that were not previously analyzed by the certified EIR. Development resulting from the provisions contained within the area covered by the Restated Development Agreement will only occur within the Newkom Ranch portion of the BSMP, and development, including needed infrastructure, will be consistent with the existing adopted BSMP and existing adopted Zoning Code standards. All applicable mitigation measures adopted as part of the certified EIR will be implemented on development proposed and no additional environmental review is required for this Development Agreement amendment.

WHEREAS, on January 24, 2024, the Planning Commission conducted a duly noticed public hearing on the proposed Development Agreement Amendment, at which time it received input from City Staff, the applicant; the public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, by a 5-1 vote, the Planning Commission adopted a Resolution recommending approval of the Restated Newkom Ranch Development Agreement to the City Council; and

WHEREAS, Sections 65864-65869.5 of the California Government Code authorize the City to enter into development agreements and requires the planning agency of the City to find the proposed Development Agreement to be consistent with the policies and programs of the General Plan and any applicable specific plan, which the Planning Commission has done; and WHEREAS, Government Code Section 65865 authorizes the City to enter into development agreements with any person having a legal or equitable interest in real property, which interest Developer has in the affected property; and WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City published a legal notice of the public hearing regarding the proposed Restated Development Agreement to be held by the City Council on February 6, 2024. In addition, a public hearing notice was mailed to each property owner within at least 300 feet of the project site, indicating the date and time of the public hearing regarding the Development Agreement; and WHEREAS, the City Council considered the provisions of the Restated Newkom Ranch Development Agreement at a public hearing on February 6, 2024, and all interested parties were given an opportunity to be heard regarding the Agreement, and thereafter the City Council introduced this Ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred, and the City Council desires to approve a Restated Development Agreement between the City of Yuba City and Newkom Ranch LLC, Hust Brothers, Inc., and Cal Sierra LP, by adoption of this Ordinance.

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

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

2. CEQA Finding. The City Council finds and determines that an Environmental Impact Report (EIR) was certified for the BSMP (SCH #2017012009) by the City Council on December 17, 2019. The Newkom Ranch area within the BSMP contained project-specific environmental analysis so that no further environmental review is required for subsequent approvals that are proposed consistent with the certified EIR. There are no occurrences of any of the circumstances described in Public Resources Code (PRC) Section 21166 and CEQA Guidelines, section 15162 that would require subsequent environmental analysis. The proposed amendments to the adopted Newkom Ranch development agreement do not propose physical changes to the environment that were not previously analyzed by the certified EIR. Development resulting from the provisions contained within the Restated Development Agreement will only occur within the Newkom Ranch portion of the BSMP, and development, including needed infrastructure, will be consistent with the existing adopted BSMP and existing adopted Zoning Code standards. All applicable mitigation measures adopted as part of the certified EIR will be implemented on development proposed and no additional environmental review is required for this Restated Development Agreement amendment.

3. Restated Development Agreement Findings. Pursuant to the Government Section Code 65864 through 65869.5 and in light of the record before it including the staff report and all attachments, and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the entitlements for the

Sohal Ranch Subdivision, the Planning Commission recommends the City Council make the following findings pertaining to the Development Agreement. a. The proposed Development Agreement is consistent with the goals and policies of the General Plan, its purposes, and applicable Specific Plan(s).

Evidence: The proposed amendment to the Development Agreement clarifies the obligations between the City and developer(s) to facilitate the installation of infrastructure needed to serve the development and allow development to commences.

To facilitate development approvals, the Development Agreement provides for ministerial staff-level approvals of tentative parcel maps for commercial and office park designated areas, ministerial review of development plans for commercial and office park designated areas and finally, ministerial review of development plans on lands designated for Medium-High density residential that are consistent with the BSMP and existing adopted City development standards.

b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.

Evidence: The amendment to the Newkom Ranch Development Agreement requires development consistent with the adopted BSMP and existing adopted City development standards. Amendments proposed are designed to facilitate the installation of infrastructure needed to serve the development and to streamline firstphase development approvals. Due to development occurring consistent with the existing adopted BSMP, the proposed Development Agreement is consistent with and furthers the goals and objectives of the Yuba City General Plan. c. Water Supply Assessment.

Evidence: A Water Supply Assessment was adopted as part of the BSMP entitlement approvals. Development proposed by proposed amendment to the Newkom Ranch Development Agreement is consistent with the BSMP and the previous Water Supply Assessment prepared for the project.
d. The project has adequate flood protection.

Evidence: On August 16, 2022, the City Council of the City of Yuba City adopted Resolution No. 22-121, acting as the land use agency, accepting evidence in support of a finding of 200-year urban level of flood protection due to the facilities of the State Plan of Flood Control have been rehabilitated by the Sutter Buttes Flood Control Agency through the Feather River West Levee Project.

4. Approval of the Restated Development Agreement. Based on the information provided above, the City Council of Yuba City adopts this ordinance approving the Restated Development Agreement between the City of Yuba City and Newkom Ranch LLC, Hust Brothers, Inc., and Cal Sierra LP, a copy of which is attached hereto as Exhibit A. The Restated Development Agreement shall supersede and replace the original Development Agreement in its entirety.

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

6. Effective Date: This ordinance shall be in full force and effect thirty (30) days after its passage. However, the Agreement shall not become operative until the affected property is annexed into the City within the time specified by the Agreement.

7. Certification: The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 6th day of February 2024 and passed and adopted at a regular meeting held on the ___ day of _________, 2024.

AYES:

NOES:

ABSENT:

___________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

EXHIBIT “A”

NEWKOM RANCH RESTATED

DEVELOPMENT AGREEMENT

01248.0005/954016.7
Recording Requested by:

Development Services Department
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA

When Recorded Mail To:

City Clerk
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
DOCUMENT WILL BE RETURNED TO NAME &. ADDRESS IDENTIFIED ABOVE [Space Above for Recorder’s Use]

RESTATED DEVELOPMENT AGREEMENT
by and between

NEWKOM RANCH LLC
A California Limited Liability Company

HUST BROTHERS, INC
A California Corporation

CAL SIERRA LIMITED, LP
A California Limited Partnership
and

CITY OF YUBA CITY
A General Law City
(Newkom Ranch Development Agreement)

01248.0005/954016.7 1 | Page

RESTATED DEVELOPMENT AGREEMENT
by and between

NEWKOM RANCH LLC
A California Limited Liability Company

HUST BROTHERS, INC
A California Corporation

CAL SIERRA LIMITED, LP
A California Limited Partnership
and

CITY OF YUBA CITY,
A General Law City
(Restated Newkom Ranch Development Agreement)
THIS RESTATED DEVELOPMENT AGREEMENT dated _______________, 2024 (Effective Date), at Yuba City, California (hereinafter referred to as “Agreement” or “Development Agreement”), is entered into by and between Newkom Ranch, LLC, a California limited liability company, Hust Brothers, Inc., a California corporation, and Cal Sierra Limited LP, a California limited partnership (hereinafter referred to as “Newkom Ranch Landowners,” “Landowner” or “Developer”) and the City of Yuba City, a general law city, created and existing under the laws of the State of California (hereinafter referred to as “the City”), pursuant to the authority of Sections 65864-65869.5 of the Government Code of the State' of California.

RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the “Development Agreement Statute”), which authorizes the City to enter into a binding property development agreement with any person having a legal or equitable interest in real property for the development associated with such property in order to establish certain development rights in the property which is the subject of the development project application.

B. City Procedure and Requirements. The City has implemented the provisions of Government Code Section 65864 et seq. and is authorized to enter into development agreements with persons having legal or equitable interests in real property located in the City.

C. Landowners. The Landowners are Newkom Ranch LLC, a California limited liability company organized under the laws of the State of California, Hust Brothers, Inc., a California corporation organized under the laws of the State of California, and Cal Sierra Limited LP, a California limited partnership organized under the laws of the State of California.

Landowners are sometimes referred to as “Developer” herein.

D. Property. The subject of this Agreement is the development of that certain property commonly known as Newkom Ranch, consisting of approximately 161.17 acres located

01248.0005/954016.7 2 | Page
in the County of Sutter, as described and depicted in Exhibit A, attached hereto and incorporated herein by reference (referred to as “the Property”). Landowners own the Property in fee and represents that all other persons holding legal or equitable interests in the Property shall be bound by this Agreement.

E. Bogue-Stewart Master Plan (“Master Plan” or “BSMP”). The Property is located within the area subject to the Bogue-Stewart Master Plan.

F. Project. The development of the Property is in accordance with the City’s General Plan, as amended, the Master Plan, and the Development Approvals shall be referred to herein as the “Project.”
G. The Environmental Impact Report. The City examined the environmental effects of this Agreement and the Development Approvals in the Environmental Impact Report (the “EIR”) (SCH No. 2017012009) prepared pursuant to the California Environmental Quality Act (“CEQA”). The City Council reviewed and certified the EIR as adequate and complete as part of the approval of the Development Approvals.

H. Purposes. The Landowner and City previously entered into a Development Agreement by and Between Newkom Ranch, LLC and the City of Yuba City, which was approved by those two parties and recorded with the County of Sutter on July 22, 2020, as document no. 2022-0010615 (“Original Development Agreement”). The parties now desire to enter into this Agreement, which encompasses the same property and shall supersede and replace the Original Development Agreement in its entirety. Further, it is the intent to add two additional parties to this Agreement consisting of Hust Brothers, Inc., and Cal Sierra Limited LP.

Finally, the Developer has requested the City construct certain infrastructure improvements that will benefit both this and other properties, which will allow Developer to more quickly start construction, and which the Developer and third parties shall reimburse the City based on their pro-rata share as set forth in this Agreement.

The Parties also desire to enter into an updated agreement for the purpose of continuing to implement the plan for subdividing and development of Newkom Ranch as set forth herein and in the Master Plan, and Development Approvals and for mitigating the environmental impacts of such development as identified in the EIR. The City has an expressed interest in ensuring the proper growth of the community by entering into development agreements as a method whereby a level of assurance can be achieved to meet that interest. The City has determined that the development of Newkom Ranch pursuant to the proposed Tentative Subdivision Maps Nos. 14-06 (large lot), 14-07 (small lots), as may be subsequently refined as identified in the “Development Approvals,” below, is a development for which a Development Agreement is appropriate. A Development Agreement will provide certain benefits to the City; will eliminate uncertainty in the City’s land use planning for and secure orderly development of the Property in accordance with the policies and goals set forth in the City’s General Plan and consistent with the BSMP. The Landowner has incurred and will incur substantial costs in order to comply with the conditions of approval and to assure development of the Property in accordance with this Agreement. In exchange for these benefits to the City and the public, the Landowner desires to receive assurance that the City shall grant permits and approvals required for the development of the Property in accordance with the Existing City Laws, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the Parties desire to enter into this Agreement.

01248.0005/954016.7 3 | Page
I. Entitlements Associated with the Project. In addition to this Agreement, the following entitlements and future entitlement applications are associated with the Project, including:
• General Plan Amendment 14-05 (previously approved).
• Specific Plan Amendment 16-05 (previously approved).
• Rezoning 14-04 (previously approved).
• Tentative Subdivision Maps 14-06 and 14-07 (previously approved), pending Substantial Conformance Tentative Subdivision Maps (“TSM”) 14-07 and 23-004 (Newkom Ranch South) (approvals may occur after adoption of the Development Agreement).
• Pending Tentative Parcel Maps 23-004 (South Pointe Marketplace) and 23-004 (South Pointe Office Park) (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 14-14 (Certification of the EIR) (previously approved).

The entitlements are collectively referred to as “Development Approvals.” J. Adequacy of CEQA Environmental Documentation. The Yuba City Council certified an Environmental Impact Report (“EIR”) for the Bogue-Stewart Master Plan (SCH #2017012009) on December 17, 2019, which also included a project level review of the Newkom Ranch Tentative Subdivision Maps (“TSM”) 14-06 (large lot), 14-07 (small lots). The proposed Substantial Conformance TSM 14-07, Newkom Ranch South TSM 23-004 (small lot), South Pointe Marketplace TPM 23-004, and South Pointe Office Park TPM 23-003 are included within the boundary of TSM 14-06 and 14-07. In January, 2014 Newkom Ranch LLC submitted an application to the City to develop a portion of the BSMP referred to as the Newkom Ranch Tentative Subdivision Maps. The original application included the Newkom Ranch properties, with some surrounding properties along Bogue Road. The original application request was for a large lot and small lot Tentative Map, General Plan Amendment, and Pre-annexation Zoning for those properties. An EIR and Technical Master Plan were then prepared for the expanded BSMP area, including the Project properties, which includes a project-level analysis of the Property.

Following consideration of the CEQA environmental documentation and after conducting a duly noticed public hearing, the City Council found that the provisions of this Agreement are consistent with and within the scope of the EIR and that adoption of this Agreement involves no new impacts not considered in the EIR. Specifically, the Development Agreement is consistent with, and does not result in any modification of the conclusions reached in, the environmental assessment of the EIR. Further, the EIR was recently certified. The City Council found that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council determined this Agreement has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

01248.0005/954016.7 4 | Page
K. Development Agreement Adoption. After conducting a duly noticed public hearing and making the requisite findings, the City Council by the adoption of an Ordinance approved this Agreement and authorized its execution. The City has determined that this Agreement furthers the public health, safety and general welfare, that the provisions of this Agreement are consistent with the goals and policies of the General Plan and is a community benefit. The City and Developer have determined that the project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Development Approvals and certain subsequent development approvals, thereby encouraging planning for, investment in and commitment to use and develop the Property. Continued use and development of the Property is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement laws were enacted, including (1) providing for the development of unused land; (2) providing increased tax revenues for the City; (3) providing for jobs and economic development in the City; and (4) providing for infrastructure improvements that can be utilized by regional users and future users.

L. Consistency with Yuba City General Plan and Bogue-Stewart Master Plan.

Development of the Property in accordance with this Agreement will provide for orderly growth and development in accordance with the policies set forth in the City General Plan, as amended, the Master Plan and the Development Approvals. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council finds and declares that this Agreement is consistent with the General Plan of the City, the Master Plan, and with the Development Approvals.

M. Landowner Payments for the Costs of Public Infrastructure, Facilities, and Services. Landowner agrees to pay the costs of such City of Yuba City public facilities and services as herein provided to mitigate impacts of the development of the Property, and City agrees to assure that Landowner may proceed and complete development of the Property, in accordance with the terms and conditions of this Agreement. City’s approval of development of the Property as provided herein is in reliance upon and in consideration of Landowner's agreement to make such payments toward the costs of public improvements and services as herein provided to mitigate the impacts of development of the Property.

N. Development Agreement Ordinance. City and Landowner have taken all actions mandated by and fulfilled all requirements set forth in the California Government Code Sections 65864 through 65869.5 regulating the use of development agreements.

O. Flood Hazard. The City has imposed conditions on the project that will protect the property to the urban level of flood protection in urban and urbanizing areas. Such conditions may also be implemented as conditions of tentative maps or other entitlements.

NOW THEREFORE, pursuant to the authority contained in Government Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Landowner and the City, each individually referred to as a Party and collectively referred to as the Parties (“Parties”), agree as follows:

01248.0005/954016.7 5 | Page

AGREEMENT

1. General Provisions.

1.1 Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both, are hereby incorporated in this Agreement as if set forth herein in full. For the purposes of clarity, the Original Agreement is superseded and replaced by this Agreement in its entirety, and the Original Agreement shall be of no further force and effect.

1.2 Definitions. In addition to the defined terms in the Preamble and the Recitals, each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. Certain other terms shall have the meaning set forth for such term in this Agreement.

1.2.1 Approvals. Any and all permits or approvals of any kind or character required under the City Laws in order to develop the Project, including, but not limited to, architectural review approvals, building permits, site clearance and demolition permits, grading permits and utility connection permits.

1.2.2 City Laws. The ordinances, resolutions, codes, rules, regulations and official policies of the City govern the permitted uses of land, density, design, improvements and construction standards and specifications applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, City Laws shall include the City’s General Plan, the BSMP, the Zoning Regulations of the City of Yuba City, and the Subdivision Regulations of the City of Yuba City.

1.2.3 Conditions. All conditions, exactions, fees or payments, dedication or reservation requirements, obligations for on or off-site improvements, services or other conditions of approval called for in connection with the development of or construction on the Property under the Existing City Laws, whether such conditions of approval constitute public improvements, or mitigation measures in connection with environmental review of any aspect of the Project.

1.2.4 Director. The City’s Director of the Development Services Department.

1.2.5 Existing City Laws. The City Laws in effect as of the Effective Date of the Original Development Agreement.

1.2.6 Laws. The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.

1.2.7 Mortgagee. “Mortgagee” means: (a) the holder of the beneficial interest under a Mortgage; (b) the lessor under a sale and leaseback Mortgage; and (c) any successors, assigns and designees of the foregoing.

1.2.8 Party. A signatory to this Agreement: or a successor or assign of a signatory to this Agreement.

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1.2.9 Property. The Property is that property described and shown on Exhibit A. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall bind and inure to all successors-in-interest to the parties hereto.

2. Effective Date: Term.

2.1 Recordation. Not later than ten (10) days after the Effective Date, the Parties shall cause this Agreement to be recorded in the Official Records of the County of Sutter, State of California, as provided for in Government Code Section 65868.5. However, failure to record this Agreement within ten (10) days shall not affect its validity or enforceability by and between the Parties.

2.2 Term. Except as provided herein, the term of this Agreement is deemed to commence at the effective date of the Original Development Agreement (February 21, 2020), and shall terminate twenty (20) years thereafter (February 21, 2040); provided, however, that the initial term shall be automatically extended for an additional five (5) year term if the Parties have not completed their obligations pursuant to Section 4 (“Term”), for a total of twenty-five (25) years. If the Parties still have not completed their obligations pursuant to Section 4 by the end of the initial automatic extension period, either the City or the Landowner shall have the right to request up to two (2) additional five (5) year extensions [for a total of thirty-five (35) years] in order to complete any obligations under this Agreement. In order to consider the request for an extension timely, the extension must be requested by either the City or Landowner in writing delivered to the other party prior to the expiration date of the then current Term. Following the expiration of the Term, this Agreement shall be deemed terminated and be of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty emanating from City Entitlements on the Property approved concurrently with or subsequent to the approval of this Agreement.

3. General Development of the Project.

3.1 Project: Vested Entitlements.

3.1.1 The City has adopted certain approvals in connection with the Property, including the adoption of the Master Plan, the tentative maps and the EIR Certification.

To the extent the provisions of this Agreement conflicts with the General Plan and Bogue-Stewart Master Plan, those plans shall take precedence.

3.1.2 Development of the Property shall be governed by this Agreement, and the Development Approvals. Other than the Phase 1 Backbone Improvements outlined in Section 4.2, this Agreement does not impose affirmative obligations on the Landowner to commence development of the Project, or any phase thereof, in advance of its decision to do so.

3.1.3 The permitted uses of the Property, the density and intensity of use, including, but not limited to, minimum landscape areas, maximum lot coverage, minimum and maximum number of parking spaces, and the allowable floor area ratios, and provisions for public improvements and all mitigation measures and conditions required or imposed in order to minimize or eliminate environmental impacts or any impacts of the Property applicable to development of the Property, are as set forth in ordinances, policies, and standards in effect as of the Effective Date of the Original

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Development Agreement and are hereby vested subject to the provisions of this Agreement (“Vested Entitlements”).

3.2 Project Phasing. Landowner and City acknowledge and agree that the Project is designed to be developed in phases. The Parties also acknowledge and agree that presently the Landowner cannot predict the timing of the Project phasing. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that failure of the Parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the Parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that the Landowner shall have the right to develop the building components of the Project in phases in accordance with the Development Approvals and at such times as the Landowner deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement. For clarification, this section’s clarification of Project phasing and acknowledgment that development of the same may occur as the Landowner deems appropriate is independent from, and does not affect, Landowner’s separate obligations to install Phase 1 Backbone Improvements as described by this Agreement, including mandatory timelines for the same.

3.3 Other Government Permits. The Landowner or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasigovernmental agencies having jurisdiction over the Project (such as public utility districts, Gilsizer County Drainage District, the U.S. Army Corps of Engineers, or CalTrans) as may be required for the development of, or provision of services to, the Project. The City shall promptly and diligently cooperate, at no cost or damage to the City, with the Landowner in its endeavors to obtain such permits and approvals and, from time-to-time at the request of the Landowner, and shall attempt with due diligence and in good faith to enter into binding agreements with any such entity in order to assume the availability of such permits and approvals of services. To the extent allowed by law, the Landowner shall be a party or third-party beneficiary to any such agreement and shall be entitled to enforce the rights of the Landowner or City thereunder or the duties and obligations of the parties thereto. The Landowner shall reimburse the City for all its expenses, including, but not limited to, legal fees and staff time incurred in entering into such agreements, in accordance with the terms and conditions of that certain Funding Agreement for Staff Costs and Consulting Contract entered into between the parties in 2016.

3.4 Additional Fees. Except as set forth in this Agreement, the City shall not impose any further or additional fees, taxes or assessments, whether through exercise of the police power, the taxing power, or any other means, other than those required by Existing City Laws and this Agreement, provided that:

3.4.1 Community Facilities District. Prior to the approval of any final map within the area covered by this Agreement, the Developer shall be required to enter into a Community Facilities District (“CFD”) or similar funding mechanism acceptable to the City for the purpose of funding on-going operational costs for police, fire, and other government services and for the on-going maintenance costs for road and park facilities.

Developer shall cooperate in the formation or annexation to the CFD or funding mechanism, and irrevocably consents herewith to the levy of such special taxes, establishment of funding mechanisms, or collection of other fees or charges, as are necessary to fund the operational and/or maintenance costs.

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3.4.2 The City may charge the Landowner the standard processing fees for land use approvals, building permits and other similar permits, which are in force and effect on a City-wide basis at the time application is submitted for those permits.

3.4.3 City shall have the authority to enact or increase development impact fees provided the fees are consistent with the fees applied to other properties in the City or area wide that is similarly situated.

3.4.4 If the City exercises its taxing power in a manner which will not change any of the conditions applicable to the Project and so long as any taxes are uniformly applied on a City-wide or area-wide basis, as defined below, the Property may be so taxed, which tax shall be consistent with the taxation of other properties in the City or area wide that is similarly situated.

3.4.5 If state or federal laws are adopted which enable cities to impose fees on existing projects and if, consequently, the City adopts enabling legislation and imposes fees on existing projects on a City-wide basis, these fees may be imposed on the Project, which fees shall be consistent with the fees imposed on other properties in the City similarly situated.

3.4.6 Landowner shall pay the following fees:
i. City-wide development impact fees, which may include but not be limited to:
• Parks and Recreation
• Community Civic Center
• Fire Protection
• Library Services
• Police Protection
• Roadways/Traffic
• Flood Protection/Levee Improvements
• City Corporation Yard
• Drainage
• Administration Component
• Connection and Trunk Line Fees (Water and Sewer)
• Applicable County Development Impact fees
ii. A Park and Recreation Development Impact Fee to cover development of neighborhood parks per Section 4.2.5 of this Agreement. iii. Any fees that Developer is obligated to directly pay to any Federal, State, County or local agency (other than any City Agency) under applicable Federal, State, County or local law.
iv. Any fees the City is legally required to collect for other State or Federal agencies pursuant to State or Federal law or any City agreement or City ordinance that the City is legally mandated or required to adopt or enter into to comply with State or Federal law or a judgment of a court of law, but only to the extent necessary to satisfy such compliance.

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v. Fees shall be paid at the then-applicable rate in effect at the time building permits are obtained. Certain City fees may be deferred to prior to issuance of a certificate of occupancy if otherwise allowed by City ordinance, regulation, or policy.
vi. The parties also acknowledge that the City is currently assessing a publicly administered fee program for the Bogue-Stewart Master Plan area. If adopted, this program may impose fee(s) applicable to the entire area including the Property. Landowner agrees to pay such fee(s) once adopted by the City.

Nothing in this Agreement shall preclude Landowner from objecting to or contesting the adoption of the fees in the same manner as any other member of the public.

3.4.7 For purposes of this Agreement, "area wide" shall cover not only the Property, but also at least all parcels zoned and/or developed in a manner similar to the Property and located in the combined area of the Master Plan. The Parties acknowledge that the provisions contained in this Section 3.4 are intended to implement the intent of the Parties that the Landowner has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receives the benefits which will be conferred as a result of such development without abridging the right of the City to act in accordance with its powers, duties and obligations.

3.5 Applicable Laws and Standards. Notwithstanding any change in any Existing City Law, including but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise provided in this Agreement, the laws and policies applicable to the Property are set forth in Existing City Laws (regardless of future changes in these by the City), and this Agreement. The Project has vested rights to be built and occupied on the Property, provided that the City may apply and enforce the Uniform Building Code (including the Uniform Mechanical Code, Uniform Electrical Code and Uniform Plumbing Code) and Uniform Fire Code and all applicable hazardous materials regulations in effect at the time the Landowner applies for any particular building permits for any particular building or other development aspect of the Project.

3.6 Application of New Laws. Nothing herein shall prevent the City from applying to the Property new federal, state or City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement; and which do not alter the terms, impose any further or additional fees or impose any other conditions requiring additional traffic improvements requirements or additional off-site improvements that are inconsistent with this Agreement or the intent of this Agreement. Any action or proceeding of the City that has any of the following effects on the Project shall be considered to be in conflict with this Agreement and the existing City Laws, and shall not be applied by the City to the Project or this Agreement:

3.6.1 Limiting the uses permitted on the Property;

3.6.2 Limiting or reducing the density or intensity of uses, the maximum height, the allowable floor area ratios, the required number of parking spaces, increasing the amount of required landscaping or reservations and dedications of land for public purposes;

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3.6.3 Limiting the timing or phasing of the Project in any manner that is inconsistent with or more restrictive than the provisions of this Agreement;

3.6.4 Limiting the location of building sites, grading or other improvement on the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement; or

3.6.5 Applying to the Project or the Property any law, regulation, or rule restricting or affecting a use or activity otherwise allowed by this Agreement.

3.7 Moratorium, Quotas, Restrictions, or Other Limitations. Without limiting the City’s standard application processing procedures, no moratorium or other limitation affecting building permits or other land use entitlements, or the rate, timing or sequencing thereof shall apply to the Project.

3.8 Easements: Improvements. The City shall cooperate with the Landowner in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project.

3.9 Farming Rights. The City shall acknowledge that the Landowner shall have the right to continue to farm the lands non-developed portion of the Property.

4. Developer Obligations

4.1 Public Improvements: Developer shall be responsible for constructing and financing the public infrastructure improvements necessary to serve the Project and as provided in this Agreement and the Development Approvals including the BSMP Public Facilities Financing Plan. Developer agrees to dedicate, construct or acquire the improvements or facilities and to perform the obligations set forth in this Section 4 at Developer’s expense, subject only to those reimbursements and credits as specified in this Agreement. Public infrastructure improvements shall be designed and constructed in accordance with the improvement plans approved by City for such improvements, and in accordance with the requirements and regulations pursuant to California State law.

4.2 Developer Obligations. Developer shall be obligated to construct and finance the public infrastructure improvements as called out in the BSMP Public Facilities Finance Plan and as provided below and in the approved TSMs, in accordance with the BSMP and consistent with the City’s infrastructure Master Plans. For public infrastructure improvements not identified as Phase 1 Backbone Improvements Developer shall be required to post appropriate financial security with City prior to recordation of Final Maps, consistent with Project conditions of approval and as called out in the Public Facilities Financing Plan. For Phase 1 Backbone Improvements, Developer shall be required to post security as required by Section 4.2.6. The Developer may be entitled to fee credits as provided in Section 6.1. The improvements identified in the subsequent subsections are the “Phase 1 Backbone Improvements.”

4.2.1 Roads. Roads shall be constructed per the approved phased infrastructure improvement matrix per the tentative map conditions of approval, Master Plan and as provided in the approved tentative maps or other discretionary City permits.

On-site improvements shall be as per project approvals and approved improvement

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plans. The Developer agrees to construct the Phase 1 Backbone Improvements as follows:
i. Phillips Road Improvements: Developer agrees to design and construct the Phillips Road Improvements from Bogue Road to Newkom Ranch Drive including wet and dry utilities.
ii. Design: Developer agrees commence design and permitting of Phase 1 Backbone Improvements outlined in Section 4.2.1.i. within sixty (60) days of the approval of the Restated Development Agreement. iii. Improvement Plan Approval and Permitting: Developer agrees to use all reasonable efforts to work diligently to obtain all required permits and approvals for the Phase 1 Backbone Improvements, outlined under Developer Obligation in Section 4.2.1.i., within twelve (12) months of the approval of the Restated Development Agreement.
iv. Commencement of Construction: Developer agrees to
commence construction of Phase 1 Backbone Improvements within ninety (90) days of obtaining required permits and approval of Phase 1 Backbone Improvements plans, outlined under Developer Obligation in Section 4.2.1.i., unless the ninety (90) day window extends past October 1 in which case, construction would start no later than April 15 of the following year. The intent is not to force commencement of construction during the winter months. The Developer shall not be obligated to commence construction if the City is unable to commence construction for Phase 1 Backbone Infrastructure outlined in Section 5.
v. Substantial Completion of Phase 1 Backbone Improvements:

Developer agrees to diligently work to complete construction of the Phase 1 Backbone Infrastructure Improvements, outlined under Developer Obligation in Section 4.2.1.i., within eighteen (18) months of commencing construction.

4.2.2 Storm Drainage. Developer shall provide necessary on-site and off-site improvements for storm drainage consistent with Project conditions of approval and as required by the City and the Gilsizer County Drainage District. Improvements shall be constructed for the approved phased infrastructure improvement matrix per the tentative map conditions of approval, Master Plan, and as provided in the approved tentative maps or other discretionary City permits. The Developer agrees to construct the backbone infrastructure listed below as part of the first phase of development. i. Detention Pond Improvements: Developer agrees to design and construct Detention Pond Improvements to handle the area within Newkom Ranch north of Newkom Ranch Drive. These will be Phase 1 Backbone Improvements. The Detention Pond will be modified and enlarged in future phases to handle the drainage area outlined in the BSMP Drainage Plan. ii. Storm Drain Truck Line Improvements: Developer agrees to design and construct storm drain trunk line improvement from Newkom Ranch Drive to Detention Pond.

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iii. Detention Pond Outfall Improvements: Developer agrees to design and construct outfall from the Detention Pond to Gilsizer Slough. The work includes the State Route 99 bore and jack, and permitting. Developer shall obtain at its own cost any needed easements from third parties for improvements to connect the outfall from the Detention Pond to Gilsizer Slough, and ensure the irrevocable offer of dedication of the same to the City as part of the dedication of the Phase 1 Backbone Improvements to the City.
iv. Design: Developer agrees commence design and permitting of Phase 1 Backbone Improvements outlined in Section 4.2.2.i. through 4.2.2.iii. within sixty (60) days of the approval of the Restated Development Agreement. v. Improvement Plan Approval and Permitting. Developer agrees to use all reasonable efforts to work diligently to obtain all required permits and approvals for the Phase 1 Backbone Improvements, outlined under Developer Obligation in Section 4.2.2.i. through 4.2.2.iii., within twelve (12) months of the approval of the Restated Development Agreement.
vi. Commencement of Construction. Developer agrees to
commence construction of Phase 1 Backbone Improvements within ninety (90) days of obtaining required permits and approval of Phase 1 Backbone Improvements plans, outlined under Developer Obligation in Section 4.2.2.i. through 4.2.2.iii, unless the ninety (90) day window extends past October 1 in which case, construction would start no later than April 15 of the following year.

The intent is not to force commencement of construction during the winter months. The Developer shall not be obligated to commence construction if the City is unable to commence construction for Phase 1 Backbone Infrastructure outlined in Section 5.
vii. Substantial Completion of Phase 1 Backbone Improvements:

Developer agrees to diligently work to complete construction of the Phase 1 Backbone Improvements, outlined under Developer Obligation in Section 4.2.2.i. through 4.2.2.iii., within eighteen (18) months of City commencing Bogue Road construction improvements that are identified as City obligations.

4.2.3 Sewer. Developer shall construct onsite sewer lines consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Improvements shall be constructed for the approved phased infrastructure improvement matrix per the tentative map conditions of approval, Master Plan, and as provided in the approved tentative maps or other discretionary City permits.

4.2.4 Water. Developer shall construct water line improvements consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Developer shall also be responsible for all on-site water line improvements. Improvements shall be constructed for the approved phased infrastructure improvement matrix per the tentative map conditions of approval, Master Plan, and as provided in the approved tentative maps or other discretionary City permits.

4.2.5 Park and Open Space Improvements and Dedications. Developer shall irrevocably offer for dedication to the City all park land and open space within Newkom Ranch during each phase of development as provided for in the Master Plan,

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and per the approved phased infrastructure improvement matrix, required per the tentative map conditions of approval, prior to the recordation of the final map for each small lot within the Newkom Ranch property, and as prescribed per the Master Plan.

Developer shall pay to City a supplement to the Park and Recreation Development Impact Fee to cover development of neighborhood parks in the amount of $3,200 per single-family residential unit and $2,300 per multifamily unit, prior to issuance of a certificate of occupancy for each lot developed. Said fee shall be considered in addition to the City’s existing Park and Recreation development impact fee specified in Section 3.4.7 of this Agreement. This fee is subject to inflation utilizing the Engineering News and Record Construction Index beginning February 21, 2020. This fee shall become inoperative should the City adopt a comprehensive Park and Recreation Development Impact fee update where neighborhood parks are incorporated into the City’s fee program. Instead, the Project shall then be required to pay the comprehensive Park and Recreation Development Impact fee. Neighborhood Park Supplement Development Impact Fees acquired or earned prior to a comprehensive Park and Recreation Development Impact fee will remain to be considered Park and Recreation fee credits or reimbursements.

Prior to the application of the 117th single family residential building permit in total, in either properties described as Large Lot Parcel 1 or Large Lot Parcel 2 of the Newkom Ranch Tentative Subdivision Map, the Developer shall construct and dedicate the Neighborhood Park designated as Parcel A, in total (1.0 gross acres +/- or 0.8 net acres+/-), as designated on the tentative subdivision map(s). The construction improvement scope of the park is to include the:

Grading of the park area to drain, at a minimum cross slope of 1% to a maximum of 2%, or as approved by the Public Works Department.

Installation of an acceptable grass throughout the designated area with an approved irrigation system tied to the City’s water distribution system.

No further building permits for single-family residential buildings shall be issued after the 117th building permit until the park is complete.

4.2.6 Security. For public infrastructure improvements not identified as Phase 1 Backbone Improvements, Developer shall be required to post appropriate financial security with City prior to recordation of Final Maps, consistent with Project conditions of approval and as called out in the Public Facilities Financing Plan. For Phase 1 Backbone Improvements, which are occurring on private property and will be subsequently dedicated to the City, Developer shall furnish to City the following improvement securities set forth below no less than 14 (fourteen) days prior to City Council award of construction for any City obligation improvements. Improvement security for Phase 1 Backbone Improvements shall be of the type as provided for in Government Code §66499, subject to review by the City Attorney and approval of the City Engineer, except that a letter of credit may not be used. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney.

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i. Performance Security. The total amount shall equal 100% of the final total budgeted cost estimate, for developer obligations, less any work previously completed as, estimate set forth in Exhibit B, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the amount identified in Exhibit B and in the form of a bond naming the City of Yuba City as obligee, or a certificate of deposit made payable only to the City of Yuba City, or cash. In the alternative, Developer may provide a security interest in real property acceptable to the City Attorney and City Engineer, For the purposes of a security interest, the enacting ordinance for this Agreement, in conjunction the terms of this Agreement, is deemed to satisfy the prerequisites of Government Code §66499(a)(5). The Developer shall provide performance security for only item listed as Developer’s obligation.
ii. Payment Security. The total amount shall equal 100% of the final total budgeted cost estimate, for developer obligations, less any work previously completed, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the amount of as identified in Exhibit B and in the form of a bond naming the City of Yuba City as obligee, or in the form of a certificate of deposit made payable only to the City of Yuba City, or cash. In the alternative, Developer may provide a security interest in real property acceptable to the City Attorney and City Engineer. For the purposes of a security interest, the enacting ordinance for this Agreement, in conjunction the terms of this Agreement, is deemed to satisfy the prerequisites of Government Code §66499(a)(5). The Developer shall provide payment security for only item listed as their obligation.

4.2.7 Damage Prior to Final Acceptance of Dedication – Phase 1 Backbone Improvements. Any damage to the work or improvements occurring after installation of the Phase 1 Backbone Improvements shall be made good to the satisfaction of the City Engineer by Developer before any securities are released or the final acceptance of the completed work.

4.2.8 Dedication of Phase 1 Backbone Improvements. Concurrent with acceptance, Developer shall irrevocably offer for dedication all improvements and associated right of way to the City for the Phase 1 Backbone Improvements at no cost to the City. The Developer will be entitled so all fee credits for dedication of right of way in accordance with City fee programs.

4.2.9 Remedy of Defects – Phase 1 Backbone Improvements. Developer shall remedy any defective work, labor or materials related to the Phase 1 Backbone Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one (1) year from the date of acceptance of the Phase 1 Backbone Improvements by City.

4.2.10 Warranty Security. To ensure Developer complies with its obligations set forth in this Agreement regarding Phase 1 Backbone Improvements, on acceptance of the improvements by the City Engineer a maintenance bond serving as warranty

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security shall be furnished to the City in the minimum amount of identified in Exhibit B, which represents ten (10) percent of the Performance Security amount. The warranty security shall serve as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the Phase 1 Backbone Improvements by the City.

4.2.11 Other Requirements for Phase 1 Backbone Improvements.

Developer shall comply with the following for all Phase 1 Backbone Improvements:
i. Mitigation. Developer shall comply with all applicable mitigation measures adopted with the certified EIR.
ii. Payment for Materials and Supplies. Developer and Developer’s subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction
iii. Plans and Specifications. Developer shall ensure that all construction for Phase 1 Backbone Improvements comply with the plans and specifications approved by the City Engineer.
iv. Work by Developer. It shall be the responsibility of Developer to coordinate all work done by Developer’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Developer. It shall further be the responsibility of Developer to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Developer to notify the City Engineer may cause delay for which Developer shall be solely responsible. v. Inspections. Whenever Developer varies the period during which work is carried on each day, Developer shall give due notice to the City Engineer so that proper inspection may be provided. If Developer fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Developer of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted. vi. Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other

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facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.

4.3 Reimbursement by Developer to Third Parties. In the event that facilities, including, but not limited to, roadway, sewer, water, drainage, and parks are constructed by third parties which benefit Developer, Developer agrees that it will pay to City for reimbursement to the third parties, Developer’s pro-rata share, as reasonably determined by the City, of the cost of construction prior to the issuance of the first building permit in the Project. Third party reimbursement will include, in addition to construction costs, those costs associated with planning, design and permitting as set forth in Section 4.1 of this Agreement. For the purposes of this section, the City shall be considered a “third party” for any facility improvements which the City installed under this Agreement, and the Developer shall reimburse the Developers’ prorata share to the City for the same in the amount reasonably determined by the City.

4.4 Covenants, Conditions and Restrictions; Enforcement by City. Upon the recordation of each final subdivision map or other development project, Developer shall record against such portion of the Property a master set of covenants, conditions and restrictions (“CC&R’s”) to require the development and use of the property to be consistent with the Project Entitlement development plan or other appropriate City designation and applicable design guidelines for the Project. The CC&R’s shall include the covenants that all structures and landscaping within the Project are to be built, installed and maintained in accordance with the Master Plan and subject to an obligation to obtain design approval from the City prior to any construction or modification of such improvements. The CC&R’s shall provide that the City shall be a third-party beneficiary thereof and may not be amended without the City’s consent. As a third-party beneficiary, the City shall have the right, but no obligation, to review and/or enforce any covenant under the CC&R’s and the City shall not be obligated hereby to respond to any demands or complaints thereunder or otherwise take any action with respect thereto. The CC&R’s shall give the City the same rights as any other owner of record and enforce liens to recover the costs of such enforcement, which may include costs to perform maintenance obligations, remove trash or debris, tow any unlawfully parked vehicles, or other such violations, all at the cost of any defaulting party. The form of such CC&R’s shall be subject to the review and approval by the City Attorney, which shall not be unreasonably withheld, prior to recordation thereof and prior to any amendment thereof that may affect the City’s enforcement rights thereunder. City acknowledges that Developer shall not be obligated by the foregoing to form a homeowner’s association.

4.5 Reimbursement for City Costs. Developer shall reimburse City for all of City’s costs incurred in the drafting, negotiating, development, and implementation of this Agreement, including, but not limited to, the annual review pursuant to Section 7.1 in accordance with the terms and conditions of the Funding Agreement for Staff Costs and Consulting Contract entered into between the parties in 2016. Said costs shall include, but not be limited to, the full cost recovery of all City’s staff time and City’s attorney fees. This Agreement shall not take effect until the City costs, as provided for in this section, owed by Developer to City are paid to the City. Further, the Developer shall reimburse the City for costs of the design of stub out connections and similar utility connections, constructed as part of the City’s obligations in Section 5, that accommodate subsequent connection by Developer.

4.6 Building and Site Design. Developer shall comply with the design intent of the Design Guidelines contained in the Bogue-Stewart Master Plan or in the City-wide adopted Design Guidelines, whichever is more restrictive as may be reasonably determined by the Development Services Director.

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4.7 Permits and Work in the Public Right of Way. Nothing in this Agreement relieves the Developer from obligations to acquire an encroachment permit, or any other permit, required for work in the public right of way. If the City’s contractor is also performing work in the right of way, the City’s contractor shall have precedence over Developer’s contractor to perform the work.

4.8 Staging Area. Upon request from the City, the Developer shall promptly provide a suitable staging area(s), at no cost to the City, for use by the City to construct infrastructure under Section 5.

5. City Obligations

5.1 Bogue Road: City agrees to design and construct the State Route 99 and Bogue Road Improvements from State Route 99 to just east of Railroad Avenue including wet and dry utilities. The Road will be constructed to the ultimate number of lanes required for traffic mitigation as indicated in the Master Plan Traffic Study with the development of commercial zone property in Large Lot 11 per the tentative subdivision map. The work will also include sewer, water, storm, a signal at Phillips Road, and a signal at Railroad Avenue. City will use AB 1600, Gas Tax, and other funds to perform these improvements that provide a regional benefit.

5.2 State Route 99 Improvements: City agrees to design and construct the improvements in State Route 99 outlined in the Bogue Stewart Master Plan Traffic Study. The work will include additional south bound left turn pocket and signal modifications. City will use AB 1600, Gas Tax, and other funds to perform these improvements that provide a regional benefit.

5.3 Regional Sewer Pump Station Improvements: City agrees to design and construct the Regional Sewer Pump Station. The Sewer Pump Station will be sized to provide a regional benefit in accordance with the City of Yuba City Sewer Master Plan. The service area will include the southern portion of the “Keyhole Area,” center portion of the Bogue Stewart Master Plan Area, and Newkom Ranch. The Sewer Pump Station will be sized to handle sewer flow from the western part of the Yuba City SOI and Lincoln East Area. The City will use sewer connection fees and grant funds to perform these improvements that provide a regional benefit.

5.4 Bogue Road Sewer Trunk Line Improvements: City agrees to design and construct the Sewer Pump Station and Sewer Trunk Line Improvements located on Bogue Road from State Route 99 to just east of Railroad Avenue. The Sewer Lift Station and trunk line improvements will be sized to provide a regional benefit in accordance with the City of Yuba City Sewer Master Plan. The City will use sewer connection fees and grant funds to perform these improvements that provide a regional benefit.

5.5 Tentative Parcel Map for Commercial and Office Park: City and Developer agree there will be a ministerial staff level review and approval of a tentative parcel map for the creation of parcels with the commercial and office park zoned areas of the Newkom Ranch portion of the Bogue-Stewart Master Plan. The Developer shall demonstrate the tentative parcel map is consistent with the Bogue-Stewart Master Plan, Yuba City General Plan and applicable Municipal Code provisions. Additionally, the tentative parcel map shall be consistent with the Bogue-Stewart Master Plan certified EIR and shall comply with all applicable mitigation measures adopted as part of the certified EIR. Further, the Developer shall comply with all applicable conditions adopted with the previously approved Newkom Ranch Tentative

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Subdivision Map. The staff level Development Review Committee (“DRC”) shall consist of at a minimum of the City’s Public Works, Development Services Director, and City Manager.

5.6 Development Plan Review for Commercial and Office Park: City and Developer agree there will be a ministerial DRC level Development Plan Review process for the Commercial and Office Park zoned areas within the Newkom Ranch portion of the BogueStewart Master Plan. The Developer shall demonstrate a development plan is consistent with the Bogue-Stewart Master Plan, Yuba City General Plan and applicable Municipal Code provisions. Additionally, a development plan shall be consistent with the certified EIR adopted and shall comply with all applicable mitigation measures adopted with the certified EIR. Further, the Developer shall comply with all applicable conditions adopted with the previously approved Newkom Ranch Tentative Subdivision Map and/or tentative parcel map discussed in Section

5.5. It is mutually understood the Bogue-Stewart Master Plan includes an appendix with extensive Development Standards and Guidelines which supplement the need for an additional public review process for the commercial or office park. The DRC shall review and approve the development plan in accordance with the Development Standards and Guidelines for compliance prior to issuances of a building permit and shall impose any necessary conditions to comply with the requirements of the Bogue-Stewart Master Plan, applicable mitigation measures or applicable Municipal Code requirements.

5.7 Development Plan Review for Medium-High Density Residential Development: City and Developer agree there will be a ministerial DRC level Development Plan Review process for development of the Medium-High Density Residentially zoned areas within the Newkom Ranch portion of the Bogue-Stewart Master Plan. The Developer shall demonstrate a development plan is consistent with the Bogue-Stewart Master Plan, Yuba City General Plan and applicable Municipal Code provisions. Additionally, a development plan shall be consistent with the certified EIR adopted as part of the Bogue-Stewart Master Plan and the Developer shall comply with all applicable mitigation measures adopted with the certified EIR.

Further, the Developer shall comply with all applicable conditions adopted with the previously approved Newkom Ranch Tentative Subdivision Map. It is mutually understood the BogueStewart Master Plan includes an appendix with extensive Development Standards and Guidelines which supplement the need for an additional public review process for development of the Medium-High Density Residential areas. The DRC shall review and approve a development plan in accordance with the Development Standards and Guidelines for compliance prior to issuances of a building permit and shall impose any necessary conditions to comply with the requirements of the Bogue Stewart Master Plan, applicable mitigation measures or applicable Municipal Code provisions.

5.8 Statewide Community Infrastructure Program Financing: City agrees to support the Developer’s use of Statewide Community Infrastructure Program (“SCIP”) on the development of the onsite project and Phase 1 Backbone Infrastructure listed as Developer obligation. The SCIP funds will be used to pay impact fees and finance public improvements through an acquisition agreement that qualify under the 1913/1915 Act via tax-exempt bond issuance proceeds.

5.9 Substantial Conformance Tentative Map. City agrees to review and process a substantial Conformance Tentative Map for the Newkom Ranch project.

5.10 Newkom Ranch South Tentative Map. City agrees to review and process a new tentative map for the Newkom Ranch Project south of Newkom Ranch Drive to increase the number of residential lots.

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5.11 Design: City agrees commence design and permitting of Phase 1 Backbone Improvements, outlined in Section 5.1. through 5.4., within sixty (60) days of the approval of the Restated Development Agreement by all Parties.

5.12 Improvement Plan Approval and Permitting. City agrees to use all reasonable efforts to work diligently to obtain all required permits and approvals for the Phase 1 Backbone Infrastructure improvements, outlined under City Obligation in Sections 5.1. through 5.4., within twelve (12) months of the approval of the Restated Development Agreement by all Parties.

5.13 Commencement of Construction. City agrees to commence construction of Phase 1 Backbone Infrastructure improvements within ninety (90) days of obtaining required permits and approval of Phase 1 Backbone Infrastructure improvements plans, outlined under City Obligation in Sections 5.1. through 5.4., unless the ninety (90) day window extends past October 1, in which case, construction would start no later than April 15 of the following year.

The intent is not to force commencement of construction during the winter months. The City shall not be obligated to commence construction if the Developer is unable to commence construction for Phase 1 Backbone Infrastructure outlined in Section 4.2.

5.14 Substantial Completion of Phase 1 Backbone Improvements: City agrees to diligently work to complete construction of the Phase 1 Backbone Infrastructure improvements, outlined under City Obligation Sections 5.1. through 5.4., within eighteen (18) months of commencing construction.

5.15 Limitations on City’s Obligations. Notwithstanding any other provision of this Agreement, the City’s obligations to construct any facility or improvement shall only occur if there is funding available as determined in the sole discretion of the City. Under no circumstances shall the City be required to use funding from the City’s general fund, or in contravention to any other law or funding source requirements. Furthermore, the City shall not have an obligation to construct until the Developer has demonstrated that actual development, including Phase 1 Backbone Improvements, is occurring or continues to be reasonably likely to occur, which may include evidence such as securing of Developer financing for phases of the Project, an agreement for construction services, securing and commencing work under building permits, etc. Indicia that the Developer is not anticipating construction to occur within the time periods required by this Agreement or is otherwise not be diligently pursued, include the Developer filing bankruptcy, the Developer failing to pay contractors, or the City availing itself of security (such as payment or performance security) to ensure work is completed, any of which shall relieve the City of any obligation to construct at the determination of the City. Said determination shall be made at the sole discretion of the City’s Public Works and Development Services Director and City Manager. The City Manager, and any Developer representative including a sole signatory hereto, are authorized to mutually defer any of the City’s construction obligations for up to twelve (12) months for any reason whatsoever. The intent of said deferral includes, but is not limited to, providing the Developer sufficient time to obtain and provide evidence of planned construction, resolve pending indicia that the Developer is not anticipating construction to commence or restart within a period of less than 10-months, etc.

6. Reimbursement and Fee Credits, Financing, and Right-of Way

6.1 Reimbursement to Developer for Oversizing.

6.1.1 Developer agrees the City may require Developer to construct certain onsite and off-site improvements in a manner that provides for oversize or excess capacity

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beyond that size or capacity needed to serve the project (collectively “Oversizing”) so that the constructed improvement will be available to serve other development or residences or facilities outside of the Property. The City shall not require any Oversizing from the Developer except in connection with project approvals or in Development Approvals, and in accordance with the provisions of the Subdivision Map Act. Developer may be entitled to a fee credit or reimbursement for Oversizing improvements per Section 6 of this Agreement.

6.1.2 In the event that City requires Developer to install a specific improvement (for example, a traffic signal), Developer’s obligation to pay the relevant development impact fees otherwise owed under this Agreement regarding the category of improvement the Developer is installing shall be satisfied by the installation of such improvement in the manner mutually agreed upon by the City and the Developer so long as the amount of the development impact fees for this category of improvement does not exceed the cost of such improvement. City shall accept Developer’s dedication of such improvements, consistent with the terms and conditions of this Agreement.

By entering into this Agreement, City and Developer agree that certain facilities, including, but not limited to, roadway, sewer, water, and drainage will be constructed by Developer pursuant to this Agreement which will benefit third-party landowners.

Developer shall be entitled to a fee credit for any such facilities to the extent they benefit third party landowners in an amount as reasonably determined by the City. If Developer’s fee credit for a particular facility exceeds the amount of the fee owed, then Developer shall be reimbursed for the amount the fee credit exceeds the fee owed by the benefited third-party landowners. Developer shall request the City enter into a Reimbursement Agreement, which shall specify the reimbursement calculations and amounts as determined by the City. The Reimbursement Agreement will require future development by third-party landowners benefiting from the Oversizing to reimburse Developer’s pro-rata share for a period of up to twenty (20) years from the installation of the oversizing or other qualifying improvements benefiting third-party landowners, provided that Developer shall have the right to extend the initial twenty (20) year period with five (5) year extension requests until such time that Developer has been reimbursed in full from the benefited third party Landowners. The extension request for each five (5) year extension must be received, by the City, in writing six months prior to the expiration of the Reimbursement Agreement. The City Council is authorized to enter into a Reimbursement Agreement on behalf of the City subject to approval as to legal form by the City Attorney.

6.1.3 Reimbursement Calculations. City will provide Developer with the available documentation showing the basis for the reimbursement amounts for improvements required pursuant to Section 4.1. The reimbursement obligations provided in this Agreement will be in amounts as reasonably determined by the City.

6.1.4 Reimbursement Personal to Constructing Owner. All rights to reimbursement created pursuant to Section 4.1 shall be personal to the owner installing the improvements and shall not run with the land unless such rights are expressly assigned in writing.

6.2 Reimbursement to Developer for Cost of Preparing Master Plan and Environmental Impact Report. City and Developer agree that preparation of the BogueStewart Master Plan and its accompanying draft and final Environmental Impact Report will

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benefit third-party landowners that are also located within the boundary of the Master Plan.

Developer shall be entitled to a fee credit for the cost of preparation of the Master Plan and EIR to the extent they benefit third-party landowners. Developer shall be reimbursed for the fair share amount owed by the benefited third-party based on the pro-rata share of the acreage to be developed. Reimbursement Agreements shall be established consistent with a City-adopted Capital Improvement Program. The pro–rata share of such up-front planning costs shall be calculated at the time of reimbursement, and shall be paid to Developer by City, and such payment will be funded by such benefited third-party landowners.

6.3 City’s Support of Public Financing for Project Improvements. Development of the Project requires the investment of significant capital to fund the Project’s necessary major infrastructure. Developer may, at its discretion, seek public financing mechanism for financing the construction, improvement or acquisition of major infrastructure. At the request of Developer, the City may consider the use of finance districts, special assessment districts, and other similar project-related public financing mechanisms to fund the Project’s necessary infrastructure.

6.4 Right-of-Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required by the Project or the Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City and (ii) agrees to pay the cost of such acquisition, including reasonable attorney’s fees, City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s good faith discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such good faith discretion, the City shall schedule the necessary hearings, and if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain.

6.5 Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorney’s fees and court costs in the event that such acquisition and/or condemnation is necessary.

7. Annual Review.

7.1 Good Faith Compliance. Developer shall annually provide documentation of good faith compliance with this agreement per Govt. Code Section 65865.1 to the City, and shall reimburse the City for any processing under this Section 7. The City may, at least every twelve (12) months, during the Term of this Agreement, conduct a public meeting to review the extent of good faith substantial compliance by Landowner with the terms of this Agreement at Landowner’s expense. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code Section 65865.1. Notice of such annual review will be provided by the Development Services Director to Landowner thirty (30) days prior to the date of the public meeting by the Planning Commission and shall include the statement that any review may result in amendment or termination of this Agreement as provided herein. A finding by the City of good faith compliance by the Landowner with the terms

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of Agreement shall conclusively determine the issue up to and including the date of such review.

Nothing in this Section shall be deemed to create a duty of responsibility of City or Landowner or define an event of default that but for such concurrent review would not have been so created or defined.

7.2 Failure to Comply in Good Faith. If the City Council makes a finding that the Landowner has not complied in good faith with the terms and conditions of this Agreement, the City shall provide written notice to the Landowner describing: (i) such failure to comply with the terms and conditions of this Agreement (referenced to herein as a "Default"); (ii) the actions, if any, required by the Landowner to cure such Default; and (iii) the time period within which such Default must be cured. The Landowner shall have, at a minimum, thirty (30) business days after the date of such notice to cure such Default, or in the event that such Default cannot be cured within such thirty (30) day period but can be cured within one (1) year, the Landowner shall have commenced the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessary to cure such Default within thirty (30) days from the date of notice. If the Default cannot be cured within one (1) year, as determined by the City during periodic or special review, the City Council may modify or terminate this, Agreement as provided in Section 7.4 and Section 7.5.

7.3 Failure to Cure Default. If the Landowner fails to cure a Default within the time periods set forth above, the City Council may modify or terminate this Agreement as provided below.

7.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 7.2 and the expiration of the cure period, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Landowner of its intention to do so. The notice shall be given at least fifteen (15) calendar days before the scheduled hearing and shall contain:

7.4.1 The time and place of the hearing;

7.4.2 A statement as to whether or not the City proposes to terminate or to modify the Agreement; and

7.4.3 Such other information as is reasonably necessary to inform the Landowner of the nature of the proceeding.

7.5 Hearings on Modification or Termination. At the time and place set for the hearing on modification or termination, the Landowner shall be given an opportunity to be heard, and the Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on the issue shall be on the Landowner. If the City Council finds, based upon substantial evidence, that the Landowner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City.

8. Permitted Delays.

8.1 Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or, defaults are due to war, insurrection, strikes, lockouts, walkouts,

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drought, riots, floods, earthquakes, fire, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, restrictions imposed by governmental or quasigovernmental entities other than the City, unusually severe weather, acts of the other Party, acts or the failure to act of any public or government agency or entity other than the City, or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of cause. If, however, notice by the Party claiming such extension of time is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the joint agreement of the City and Landowner.

Litigation attacking the validity of this Agreement, or any permit, ordinance, or entitlement or other action of a governmental agency necessary for the development of the Property pursuant to this Agreement shall also be deemed to create an excusable delay under this Section.

8.2 Supersedure by Subsequent Laws. If any Law made or enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the Parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is infeasible in the Landowner’s reasonable business Judgment, then the Landowner shall have the right to terminate this Agreement by written notice to the City. The Landowner shall also have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect.

9. Termination.

9.1 City’s Right to Terminate. The City shall have the right to terminate this Agreement if the Landowner is not in substantial compliance with the terms of this Agreement and this default remains uncured, all as set forth in Section 7.

9.2 Landowner’s Right to Terminate. The Landowner shall have the right to terminate this Agreement only under the following circumstances:

9.2.1 The Landowner has found the City in breach of this Agreement, has given the City notice of such breach and the City has not cured such breach within thirty (30) days of receipt of such notice or, if the breach cannot reasonably be cured within such thirty (30) day period, if the City has not commenced to cure such breach within thirty (30) days of receipt of such notice and is not diligently proceeding to cure such breach.

9.2.2 The Landowner is unable to complete the Project because of supersedure by a subsequent law per Section 8.2 or court action.

9.2.3 The Landowner determines, in its business judgment, that it is not practical or reasonable to pursue development of the Property, however if termination occurs for this reason the City reserves the right to revoke any remaining entitlement to develop the property.

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9.3 Mutual Agreement. This Agreement may be terminated upon the mutual Agreement of the Parties.

9.4 Effect of Termination.

9.4.1 General Effect. If this Agreement is terminated for any reason, such termination shall not affect any condition or obligation due to the City from the Landowner prior to the date of termination and such termination shall not otherwise affect any other City entitlement or approval with respect to the Property that has been granted prior to the date of termination.

9.5 Recordation of Termination. In the event of a termination, the City and Landowner agree to cooperate with one another in executing a Memorandum of Termination to record in the Official Records of Sutter County within thirty (30) days of the date of termination.

10. Remedies. Either Party may, in addition to any other rights or remedies, institute legal or equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the Parties hereto.

11. Waiver: Cumulative Remedies. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future. No waiver by a Party of an event of default shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a Party to take any action with respect to such event of default. No express written waiver of any event of default shall affect any other event of default, or cover any other period of time, other than any event of default and/or period of time specified in such express waiver. Except as provided in this Section, all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

12. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Project is a private development. This Agreement is made and entered into for the sole protection and benefit of the Landowner and the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. The City and Landowner hereby renounce the existence of any third-party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third-party beneficiary status. No partnership, joint venture or other association of any kind is formed by this Agreement.

13. Cooperation in the Event of Legal Claim. In the event any legal action or proceeding is instituted by any third-party challenging the validity of any provision of this Agreement or any action or decision taken or made hereunder, the Parties shall cooperate in defending such action or proceeding.

14. Estoppel Certificate. Either Party may, at any time, and from time-to-time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties; (ii) this Agreement has not been amended or modified either orally or in writing, and if

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so amended, identifying the amendments; (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and amount of any such defaults; and (iv) the requesting Party has been found to be in compliance with this Agreement, and the date of the last determination of such compliance. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt thereof. The Director shall have the right to execute any certificate requested by the Landowner hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

15. Right to Assign or Transfer. The Landowner’s rights and responsibilities hereunder may be sold or assigned in conjunction with the transfer, sale or assignment of the Property at any time during the term of this Agreement subject to the following conditions precedent:

15.1 No default by Developer shall be outstanding and uncured as of the effective date of the proposed transfer, unless the City Council has received adequate assurances satisfactory to the City Council that such default shall be cured in a timely manner either by Developer or the transferee under the transfer.

15.2 Prior to the effective date of the proposed transfer, Developer or the proposed transferee has delivered to the City an executed and acknowledged assignment and assumption agreement (the “Assumption Agreement”) in recordable form. Such Assumption Agreement shall include provisions regarding: (a) the rights and interest proposed to be transferred to the proposed transferee; (b) the obligations of Developer under this Agreement that the proposed transferee will assume; and (c) the proposed transferee’s acknowledgment that such transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form of entity, and address of the proposed transferee, and shall provide that the transferee assumes the obligations of Developer to be assumed by the transferee in connection with the proposed transfer. The Assumption Agreement shall be recorded in the official records of the County of Sutter concurrently with the consummation of the transfer.

15.3 Prior to the effective date of the proposed transfer, the Developer must obtain the City’s consent in writing to the transfer, which may be evidenced by the City Council’s approval of an Assumption Agreement. City’s consent shall not be unreasonably withheld. Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed transferee to comply with all of the terms of the Agreement and the history, if any, of compliance of transferee, its principals, officers or owners with the provisions of federal or state law, the Yuba City Municipal Code or agreements with the City relating to development projects within the City.

15.4 Mortgagee as Transferee. No Mortgage (including the execution and delivery thereof to the Mortgagee) shall constitute a transfer. A Mortgagee shall be a transferee only upon: (a) the acquisition by such Mortgagee of the affected interest of Developer encumbered by such Mortgagee’s Mortgage; and (b) delivery to the City of an Assumption Agreement executed by the Mortgagee pursuant to which the Mortgagee assumes assuming, from and after the date such Mortgagee so acquires its interest, the applicable rights, duties and obligations of Developer under this Agreement. No further consent of the City shall be required for any such transfer to a Mortgagee.

15.5 Effect of Transfer. A transferee shall become a Party to this Agreement only with respect to the interest transferred to it under the transfer and then only to the extent set

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forth in the Assumption Agreement. If Developer transfers all of its rights, duties and obligations under this Agreement, Developer shall be released from any and all obligations accruing after the date of the transfer under this Agreement. If Developer effectuates a transfer as to only some but not all of its rights, duties and obligations under this Agreement, Developer shall be released only from its obligations accruing after the date of the transfer which the transferee assumes in the Assumption Agreement.

16. Financing. Mortgages, deeds of trust, sales and leasebacks, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Property (“Mortgages”) are permitted without the consent of the City, provided the Landowner complies with the following:

16.1 Mortgagee Protection. This Agreement and any covenants entered into between the Developer and City shall be superior and senior to the conveyance of any Mortgage encumbering any interest in the Property. No default shall defeat, render invalid, diminish or impair the conveyance of any Mortgage made for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any person (including any Mortgagee) who acquires title to the Property or any portion thereof or interest therein or improvement thereon, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

16.2 Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement whatsoever, except that nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the Newkom Ranch Project Area, or to otherwise have the benefit of any rights of Developer, or to enforce any obligation of the City, under this Agreement, unless and until such Mortgagee elects to become a Transferee in the manner specified in this Agreement. Any Mortgagee that affirmatively elects to become a Transferee shall be later released from all obligations and liabilities under this Agreement upon the subsequent Transfer by the Mortgagee of its interest as a transferee to another person.

16.3 Entitlement to Written Notice of Default. The Mortgagee of a Mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to the City, be entitled to receive from the City written notification of any default by Landowner of the performance of Landowner’s obligations under this Agreement which has not been cured within sixty (60) days following the date of default. Landowner shall reimburse the City for its actual costs, reasonably and necessarily incurred, to prepare this notice of default.

16.4 Priority of Mortgages and Subordination. Landowner shall ensure that all Mortgages subordinate to this Agreement. For purposes of exercising any remedy of a Mortgagee or for becoming a Transferee, the applicable laws of the State of California shall govern the rights, remedies and priorities of each Mortgagee, absent a written agreement between Mortgagees otherwise providing.

16.5 Collateral Assignment. As additional security to a Mortgagee under a Mortgage on the Property or any portion thereof, Developer shall have the right, without the consent of the City, to execute a collateral assignment of Developer’s rights, benefits and remedies under this Agreement in favor of the Mortgagee (a “Collateral Assignment”) on the standard form provided by the Mortgagee.

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17. Covenants to Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors, assignees, devises, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors and assignees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder: (i) is for the benefit of such properties and is a burden upon such properties; (ii) runs with such properties; and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each Party and its property hereunder, and each other person succeeding to an interest in such properties; provided that no liability or obligation shall accrue to any person, if this Agreement terminates pursuant to Section 9 of this Agreement.

18. Amendment.

18.1 Amendment or Cancellation. Except as otherwise provided in this Agreement, this Agreement may be canceled, modified or amended only by mutual consent of the Parties in writing, and then only in the manner provided for in Government Code Section 65868. Minor amendments to this Agreement may be made without a public hearing upon approval of the Development Services Director. “Minor Amendments” shall mean amendments which are similar in significance to the type of minor amendments to land use entitlements that may be made without a full public hearing or approval of the Planning Commission or City Council pursuant to the Yuba City Municipal Code.

18.2 Recordation. Any amendment, termination, or cancellation of this Agreement shall be recorded by the City Clerk not later than ten (10) days after the effective date of the action effecting such amendment, termination or cancellation; however, a failure to record shall not affect the validity of the amendment, termination or cancellation. Upon request from the Developer, the City’s Engineer is authorized to execute any documentation on behalf of the City that is reasonably necessary to effectuate the recordation of termination of the Original Agreement and removal of the same from the chain of title.

19. Notices.

19.1 Procedure. Any notice to either Party shall be in writing and given by delivering the notice in person or by sending the notice by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the Party’s mailing address.

19.2 Mailing Addresses. The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:

City:

Development Services Director
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993

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With a copy to: City Manager
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Landowners: Newkom Ranch LLC
Attn: Dave Lanza
P.O. Box 591
Marysville, CA 95901
Hust Brothers Inc.

Attn: Roy Lanza
P.O. Box 591
Marysville, CA 95901
Cal Sierra Limited, LP
Attn: Roy Lanza
P.O. Box 591
Marysville, CA 95901
With a copy to: MHM Incorporated
Attn: Sean Minard
P.O. Box B
Marysville, CA 95901
Either Party may change its mailing address at any time by giving ten (10) days’ notice of such change in the manner provided for in this Section. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Nothing in this provision shall be construed to prohibit communication by facsimile transmission, so long as an original is sent by first class mail, commercial carrier or is handdelivered.

20. Indemnification.

20.1 Third Party Actions. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney’s fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that challenges or contests: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Phase 1 Backbone Improvements by Developer or its employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the Phase 1 Backbone Improvements; (v) to any of Developer’s employees, officers, agents, contractors or subcontractor’s for failure to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement; (vii) the Newkom Ranch Subdivision Map Applications and Approvals, or the Development Approvals; or (viii) claims or alleges a violation

01248.0005/954016.7 29 | Page
of CEQA or another law in connection with the certification of the EIR by the City Council or the grant, issuance or approval by the City of any or all of this Agreement, the Newkom Ranch Subdivision Map Applications and Approvals, and the Development Approvals. Developer’s obligations under this Section shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section shall survive the termination of this Agreement.

20.2 Damage Claims. The nature and extent of Developer’s obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section 20.1 shall be governed by this Section 20.2. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, 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, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Developer or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of Phase 1 Backbone Improvements as well as off-site improvements unless and until such improvements are dedicated to and officially accepted by the City). Developer’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, attorneys, or agents 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, attorneys, or volunteers.

If Developer should subcontract all or any portion of the services to be performed under this Agreement, Developer shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers in accordance with the terms of the preceding paragraph. The Developer further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Developer, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a “design professional” as defined in Section 2782.8 of the California Civil Code and performing work hereunder as a “design professional” shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

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This Section shall survive termination or expiration of this Agreement.

21. Insurance. Prior to starting construction of any phase of the project through the date of City’s final formal acceptance of off-site improvements constructed pursuant to the terms of this Agreement (the “Insurance Period”), Developer shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best’s Insurance Rating Guide, or (ii) authorized by City’s Public Work’s Director. The following policies of insurance are required:

21.1 Commercial General Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (“ISO”) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and nonowned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $1,000,000 general aggregate and $1,000,000 aggregate for products and completed operations and $5,000,000 general aggregate.

21.2 Commercial Automobile Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (“ISO”) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.

21.3 Workers Compensation. Insurance as required under the California Labor Code.

21.4 Employers Liability. With minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee.

In the event Developer purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shall also be responsible for payment of any self-insured retentions.

The above-described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers’ Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Developer shall provide a new certificate evidencing renewal of such policy not less than ten (10) calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, attorneys, employees and

01248.0005/954016.7 31 | Page
volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Developer’s insurance shall be primary, and no contribution shall be required of City. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Developer shall furnish City with copies of the actual policies upon the request of City’s Director of Public Works at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

If at any time during the Insurance Period, Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or designee, may order that the Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section are material terms of this Agreement.

If Developer should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Developer shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor’s certificates and endorsements shall be on file with Developer and City prior to the commencement of any work by the general contractor.

If the general contractor should subcontract all or a portion of the services or work to be performed under this Agreement to one or more subcontractors, Developer shall require the general contractor to require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that each subcontractor shall be required to pay for and maintain Commercial General Liability insurance with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $1,000,000 aggregate for products and completed operations and $1,000,000 general aggregate and Commercial Automobile Liability insurance with limits of liability of not less than less than $1,000,000 per accident for bodily injury and property damage.

Subcontractors’ certificates and endorsements shall be on file with the general contractor, Developer and City prior to the commencement of any work by the subcontractor. Developer’s failure to comply with these requirements shall constitute a default of this Agreement.

22. Miscellaneous.

22.1 Approvals. Unless otherwise provided herein, whenever approval, consent or satisfaction (herein collectively referred to as an “approval”) is required of a Party pursuant to this Agreement, such approval shall not be unreasonably withheld. If a Party shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. Approval by a Party to or of any act or request by the other Party shall not be deemed to waive or render unnecessary approval to or of any similar or subsequent acts or requests. The Parties acknowledge and agree that the intent of the Parties is that this Agreement be construed in a manner that protects the rights granted to Landowner herein to the as allowed by law. Except for the limitations on the exercise by the City of its police power which are provided in this Agreement or which are

01248.0005/954016.7 32 | Page
construed in accordance with the immediately preceding sentence, the Parties further acknowledge and agree that: (a) the City reserves all of its police power and/or statutory or other legal powers or responsibilities; and (b) this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or officials. This Agreement shall not be construed to limit the obligations of the City to comply with CEQA or any other federal or state law.

22.2 Project Approvals Independent. All approvals that may be granted pursuant to this Agreement, and all approvals or other land use approvals which have been or may be issued or granted by the City with respect to the Property, constitute independent actions and approvals by the City. If any provisions of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if the City terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any approvals or other land use approvals. In such cases, such approvals will remain in effect pursuant to their own terms, provisions and conditions.

22.3 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any-public use or purpose whatsoever. This proscription does not extend to any portion of the Property that may be dedicated in compliance with any conditions of approval. The Landowner shall have the right to prevent or prohibit the use of the Property, or any portion thereof, including common areas and buildings and improvements located thereon; by any person for any purposes inimical to the operation of a private, integrated Project as contemplated by this Agreement.

22.4 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

22.5 Construction of Agreement. The provisions of this Agreement and the Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any Party in order to achieve the objectives and purpose of the Parties. The captions preceding the text of each Section, Subsection, and the Table of Contents are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All references to "person" shall include, without limitation, any and all corporations, partnerships or other legal entities.

22.6 Other Necessary Acts. Each Party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all further instruments, documents and writings as may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement and to secure the other party the full and complete enjoyment of its rights and privileges hereunder.

01248.0005/954016.7 33 | Page

22.7 Applicable Law. This Agreement, and the rights and obligations of the Parties, shall be construed by and enforced in accordance with the laws of the State of California.

22.8 Equal Authorship. This Agreement has been reviewed by legal counsel for both the Landowner and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement.

22.9 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. In particular, the City agrees to act in a timely fashion in accepting, processing, checking and approving all maps, documents, plans, permit applications and any other matters requiring the City’s review or approval relating to the Project or Property. Subject to extensions of time by mutual consent in writing, unreasonable delay by either party to perform any term or provision of this Agreement shall constitute a default.

22.10 Subsequent Projects. After the effective date of this Agreement, the City may approve other projects that place a burden on the City’s infrastructure; however, it is the intent and agreement of the Parties that Landowner’s right to build and occupy the Project, as described in this Agreement, shall not be diminished despite the increased burden of future approved development on public facilities.

22.11 Entire Agreement. This written Agreement and the Exhibits contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits.

22.12 Form of Agreement: Exhibits. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties. Said exhibits are identified as follows:

Exhibit A: Property legal description
Exhibit B: Cost Estimates and Security
All attachments to this Agreement, including all exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.

22.13 Attorneys’ Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance of the breach hereof, the prevailing party shall be entitled to its reasonable attorneys’ fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

22.14 Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, it

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being expressly understood and agreed that the Developer’s sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

22.15 Interpretation and Governing State Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the terms of this Agreement shall be brought and heard in the Superior Court of the State of California, County of Sutter.

22.16 Successor Statutes Incorporated. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

22.17 Counterparts. This Agreement may be executed in two or more identical counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart.

22.18 Signature Pages. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement.

22.19 Days. Unless otherwise specified in this Agreement, the term “days” means calendar days.

22.20 Authority. The Parties hereby represent that the person hereby signing this Agreement on behalf of each respective Party has the authority to bind the Party to the Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]

01248.0005/954016.7 35 | Page
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"CITY"
City of Yuba City,
A General Law City
By:

Shon Harris, Mayor
"LANDOWNERS"
Newkom Ranch LLC,
a California limited liability company
By:

David Lanza, Managing Member
Attest:

By:

City Clerk
Approved as to Form:

By:

Shannon Chaffin, City Attorney
Hust Brothers Inc,
a California Corporation
By:

Roy Lanza, President
Cal Sierra Limited, LP,
a California limited partnership
By:

Roy Lanza, Manager
Attachments
Exhibit A: Property Legal Description
Exhibit B: Cost Estimates and Security

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Exhibit A-1
Property Legal Description
The land referred to is situated in the unincorporated area of the County of Sutter, State of California, and is described as follows:

PARCEL ONE:

Beginning at a point on the Township line between Townships 14 North and 15 North, Range 3 East, M.D.B.&M. where the same is intersected by the West line of the New Helvetia Rancho, said point being known as the Northeast corner of the Northwest quarter of Section 3, Township 14 North, Range 3 East, M.D.B.&M.; thence South 1° 0’ West along the West boundary line of said new Helvetia Rancho, 35 chains and 32 links to a point; thence South 87 1/2° West 1 chain and 37 links to a point on the West side of the County Road, which last named point is the point of beginning for the description of the land hereby described; from said point of beginning thence South 87 1/2° West 660 feet to a point; thence North 1° 0’ East 327.67 feet to a point; thence North 87 1/2° East 660 feet to a point; thence South 1° 0’ West 327.67 feet to the point of beginning.

APN: 055-240-005
PARCEL TWO:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Commencing at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence northerly along the west line of said Section 3 that is also the East line of State Route 99, as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records, North 00° 42’ 47” East 1544.67 feet to the True Point of Beginning; thence continuing northerly along said east and west line, North 00° 42’ 47” East 1009.63 feet; thence leaving said west line and continuing along said east line of State Route 99, North 06° 47’ 25” East 112.57 feet; thence North 51° 33’ 46” East 50.53 feet; thence North 00° 30’ 06” East 30.00 feet to a point on the north line of said Section 3; thence easterly along said north line North 89° 24’ 26” East 264.34 feet to a brass disc in a Sutter County monument well; thence continuing easterly along said north line North 89° 24’ 26” East 288.94 feet; thence leaving said north line South 01° 05’ 32” West 40.07 feet to the beginning of a non-tangent curve; thence along the arc of said non-tangent curve, concave southwesterly, having a radius of 22.00 feet, through a central angle of 87° 47’ 59”, having a chord bearing South 46° 41’ 22” East 30.51 feet, an arc distance of 33.71 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave northeasterly, having a radius of 1037.00 feet, through a central angle of 31° 26’ 58”, an arc distance of 569.21 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave southwesterly, having a radius of 963.00 feet, through a central angle of 35° 19’ 52”, an arc distance of 593.83 feet to the end of said reverse tangent curve; thence South 88° 54’ 28” East 10.00 feet; thence South 01° 05’ 32” West 53.08 feet; thence North 88° 54’ 28” West 994.54 feet to the True Point of Beginning. Description is pursuant to Lot Line Adjustment No. 22-04 wherein said land is designated as “Parcel A”, as disclosed in the Grant Deed recorded February 3, 2023 as Instrument No. 2023-0000986, Official Records of Sutter County.

01248.0005/954016.7 37 | Page
APN: 055-240-011
PARCEL THREE:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Commencing at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence northerly along the west line of said Section 3 that is also the east line of State Route 99, as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records, North 00° 42’ 47” East 2554.30 feet; thence leaving said west line and continuing along said east line of State Route 99, North 06° 47’ 25” East 112.57 feet; thence North 51° 33’ 46” East 50.53 feet; thence North 00° 03’ 06” East 30.00 feet to a point on the north line of said Section 3; thence easterly along said north line North 89° 24’ 26” East 264.34 feet to a brass disc in a Sutter County monument well; thence continuing easterly along said north line North 89° 24’ 26” East 344.76 feet to a “X” cut in old concrete pavement as shown on “The Crossroads” filed in Book 12 of Surveys at Page 112, Sutter County Records; thence continuing easterly along said north line of Section 3 North 89° 24’ 26” East 62.28 feet to the True Point of Beginning; thence continuing easterly along said north line North 89° 24’ 26” East 653.30 feet; thence leaving said north line South 01° 05’ 32” West 696.73 feet; thence South 88° 54’ 28” West 394.05 feet; thence South 64° 39’ 45” West

25.50 feet to the beginning of a non-tangent curve; thence along the arc of said non-tangent curve, concave southwesterly, having a radius of 1037.00 feet, through a central angle of 08° 54’ 05”, having a chord of North 29° 47’ 58” West 160.95 feet, an arc distance of 161.11 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave northeasterly, having a radius of 963.00 feet, through a central angle of 31° 10’ 24”, an arc distance of 523.95 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave southeasterly, having a radius of 22.00 feet, through a central angle of 92° 28’ 35”, an arc distance of 35.51 feet to the end of said reverse tangent curve; thence North 01° 05’ 32” East 40.07 feet to the True Point of Beginning. Description is pursuant to Lot Line Adjustment No. 22-04 wherein said land is designated as “Parcel B”, as disclosed in the Grant Deed recorded February 3, 2023 as Instrument No. 2023-0000986, Official Records of Sutter County.

APN: 055-240-012
PARCEL FOUR:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Commencing at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence northerly along the west line of said Section 3 that is also the east line of State Route 99, as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records, North 00° 42’ 47” East 740.65 feet to the True Point of Beginning; thence northerly along said east and west line North 00° 42’ 47” East 804.02 feet; thence leaving the said west line South 88° 54’ 28” East 994.54 feet; thence North 01° 05’ 32” East 53.08 feet; thence North 88° 54’ 28” West 10.00 feet to the beginning of a nontangent curve; thence along the arc of said non-tangent curve, concave southwesterly, having a radius of 963.00 feet, with a chord bearing North 16° 34’ 24” West 584.46 feet, through a central angle of 35° 19’ 52”, an arc distance of 593.83 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave northeasterly, having a radius of 1037.00 feet, through a central angle of 31° 26’ 58”, an arc distance of 569.21 feet to the

01248.0005/954016.7 38 | Page
beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave southwesterly, having a radius of 22.00 feet, through a central angle of 87° 47’ 59”, an arc distance of 33.71 feet to the end of said reverse tangent curve; thence North 01° 05’ 32” East 40.07 feet to the north line of said Section 3; thence easterly along said North line North 89° 24’ 26” East 55.82 feet to a “X” cut in old concrete pavement as shown on “The Crossroads” filed in Book 12 of Surveys at Page 112, Sutter County Records; thence continuing easterly along said north line of Section 3 North 89° 24’ 26” East 62.28 feet; thence South 01° 05’ 32” West 40.08 feet to the beginning of a non-tangent curve; thence along the arc of said nontangent curve, concave southeasterly, having a radius of 22.00 feet, through a central angle of 92° 28’ 35”, having a chord bearing South 43° 10’ 21” West 31.78 feet, an arc distance of 35.51 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave northeasterly, having a radius of 963.00 feet, through a central angle of 31° 10’ 24”, an arc distance of 523.95 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave southwesterly, having a radius of 1037.00 feet, through a central angle of 08° 54’ 05”, an arc distance of 161.11 feet to the end of said reverse tangent curve; thence North 64° 39’ 45” East 25.50 feet to the beginning of a non-tangent curve, concave southwesterly, having a radius of 1062.50 feet, through a central angle of 26° 25’ 46”, having a chord bearing South 12° 07’ 22” East 485.78 feet, an arc distance of 490.11 feet to the end of said non-tangent curve; thence South 01° 05’ 32” West 1480.08 feet; thence South 10° 33’ 16” West 79.08 feet; thence South 01° 05’ 32” West 631.00 feet; thence North 88° 54’ 28” West 1065.72 feet to the True Point of Beginning. Description is pursuant to Lot Line Adjustment No. 22-04 wherein said land is designated as “Parcel C”, as disclosed in the Grant Deed recorded February 3, 2023 as Instrument No. 2023-0000986, Official Records of Sutter County.

APN: 055-240-013
PARCEL FIVE:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Commencing at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence northerly along the west line of said Section 3 that is also the east line of State Route 99 as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records, North 00° 42’ 47” East 740.65 feet; thence leaving said west line South 88° 54’ 28” East 1065.72 feet to the True Point of Beginning; thence North 01° 05’ 32” East 631.00 feet; thence North 10° 33’ 16” East 79.08 feet; thence North 01° 05’ 32” East 148.08 feet to the beginning of a tangent curve; thence along the arc of said tangent curve, concave southwesterly, having a radius of 1062.50 feet, through a central angle of 26° 25’ 46”, an arc distance of 490.11 feet to the end of said tangent curve; thence South 88° 54’ 28” East 394.05 feet; thence North 01° 05’ 32” East 696.73 feet to the north line of said Section 3; thence easterly along said north line North 89° 24’ 26” East 241.33 feet to a standard county brass centerline monument as shown on “Kingswood Estates” filed in Book 11 of Surveys at Page 55, Sutter County Records; thence continuing easterly along said north line of Section 3 North 89° 24’ 26” East 248.53 feet; thence leaving said north line South 01° 05’ 25” West 2041.14 feet; thence North 88° 54’ 28” West 785.71 feet to the True Point of Beginning.

Description is pursuant to Lot Line Adjustment No. 22-05 wherein said land is designated as “Parcel A”, as disclosed in the Corporation Grant Deed recorded August 29, 2023 as Instrument No. 2023-0007720, Official Records of Sutter County.

APN: 055-240-015

01248.0005/954016.7 39 | Page
PARCEL SIX:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Commencing at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence southerly along the west line of said Section 3 that is also the east line of State Route 99 as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records, South 01° 05’ 04” West 609.83 feet; thence leaving said west line North 89° 09’ 20” East 645.00 feet to the True Point of Beginning; thence North 82° 55’ 52” East 18.31 feet; thence North 01° 05’ 32” East 422.07 feet; thence South 88° 54’ 28” East 315.49 feet; thence North 01° 05’ 32” East 473.72 feet to the beginning of a tangent curve; thence along the arc of said tangent curve, concave southeasterly, having a radius of

53.00 feet, through a central angle of 19° 56’ 54”, an arc distance of 18.45 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave northwesterly, having a radius of 47.00 feet, through a central angle of 19° 56’ 54”, an arc distance of 16.36 feet to the end of said reverse tangent curve; thence North 01° 05’ 32” East 396.16 feet; thence South 88° 54’ 28” East 862.21 feet; thence South 01° 05’ 25” West 1998.00 feet; thence South 89° 09’ 20” West 1202.48 feet; thence North 01° 05’ 04” East 709.96 feet to the True Point of Beginning. Description is pursuant to Lot Line Adjustment No. 22-05 wherein said land is designated as “Parcel B”, as disclosed in the Corporation Grant Deed recorded August 29, 2023 as Instrument No. 2023-0007720 and re-recorded September 12, 2023 as Instrument No. 2023-0008195, Official Records of Sutter County.

APN: 055-240-016
PARCEL SEVEN:

A portion of Section 3, Township 14 North, Range 3 East, M.D.B. &M., described as follows:

Beginning at the northwest corner of the Northwest quarter of the Southwest quarter of said Section 3; thence northerly along the west line of said Section 3 that is also the east line of State Route 99 as shown on “Monumentation Map-State Highway 99” filed in Book 20 of Record of Surveys at Page 42, Sutter County Records; thence along said west line North 00° 42’ 47” East 740.65 feet; thence leaving said west line South 88° 54’ 28” East 989.22 feet; thence South 01° 05’ 32” West 396.16 feet to the beginning of a tangent curve; thence along the arc of said tangent curve, concave northwesterly, having a radius of 47.00 feet, through a central angle of 19° 56’ 54”, an arc distance of 16.36 feet to the beginning of a reverse tangent curve; thence along the arc of said reverse tangent curve, concave southeasterly, having a radius of

53.00 feet, through a central angle of 19° 56’ 54”, an arc distance of 18.45 feet to the end of said reverse tangent curve; thence South 01° 05’ 32” West 473.72 feet; thence North 88° 54’ 28” West 315.49 feet; thence South 01° 05’ 32” West 422.07 feet; thence South 82° 55’ 52” West 18.31 feet; thence South 89° 09’ 20” West 645.00 feet to said east line of State Route 99 and west line of Section 3; thence along said west line North 01° 05’ 04” East 609.83 feet to the true point of beginning. Description is pursuant to Lot Line Adjustment No. 22-05 wherein said land is designated as “Parcel C”, as disclosed in the Corporation Grant Deed recorded August 29, 2023 as Instrument No. 2023-0007720 and re-recorded September 12, 2023 as Instrument No. 2023-0008195, Official Records of Sutter County.

APN: 055-240-017

01248.0005/954016.7 40 | Page

01248.0005/954016.7 41 | Page
Exhibit B
Cost Estimates and Security
Exhibit B-1 – City Obligation Summary

01248.0005/954016.7 42 | Page
Exhibit B-2 – Developer Obligation Summary

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Newkom Ranch Development Agreement Amendment
Project
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1 inch = 600 feet

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: February 6, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Host Fee Agreement with Recycling Industries
Recommendation: Adopt a Resolution to approve the proposed Host Fee Agreement between the City of Yuba City and Recycling Industries
Fiscal Impact: $4.08 per ton of waste transferred to a landfill, approximately $22,000 per year at the current transfer volume
Purpose:

To replace the existing interim agreement a Host Fee Agreement between the City of Yuba City and Recycling Industries.

Council's Strategic Goal:

This item addresses Council’s goal of fiscal responsibility, in that a Host Fee is established to offset ongoing impacts related to the transfer station operations.

Background:

Recycling Industries Inc. (RI) initially operated a recycling center under Use Permit (UP) 07-12 at 140 Epley Drive. UP 07-12 was approved by the Planning Commission on February 29, 2008. In 2012, RI applied for a Use Permit, UP 12-01, to convert its recycling center into a Large Volume Transfer Station (LVTS). After a Public Hearing on July 23, 2014, the Planning Commission approved UP 12-01 for the project subject to compliance with an array of conditions, including a maximum volume of 100 tons per day (TPD) of mixed waste and recyclables and a requirement to enter into a Host Fee Agreement for the project site.

In February 2019, Council approved UP 17-05 and Development Plan 17-03, adopting a Mitigated Negative Declaration Environmental Assessment, and amending previous entitlements, with a key limitation setting a maximum allowable processing limit of 100 tons per day. In April 2021, the City began coordinating with industry experts R3 Consulting Group, of Roseville, CA to help provide relevant information and establish a nexus to determine an appropriate Host Fee amount. Due to the timeline to establish a study and work through the specifics of a long-term agreement, staff proposed to utilize an Interim Host Fee Agreement that was approved by Council on August 18, 2021, with a fee rate of $4.40 per ton of waste transferred to the landfill, with the intent to return with a final Agreement at completion of the R3 study and further consideration with RI.

Analysis:

The City finalized consultation with R3 to determine a new Host Fee amount and receive recommendations on establishing a Host Fee Agreement. The new Agreement considers R3’s findings as well as data analysis and negotiations with Recycling Industries. The new Agreement proposes the following:

1. A Host Fee of $4.08 per ton

2. The Host Fee will adjust annually for inflation, utilizing the Consumer Price Index (CPI) for all urban consumers, CUURS49BSA0, not seasonally adjusted, all items index—San FranciscoOakland-Hayward, CA as published by the Bureau of Labor Statistics (BLS), and shall never be less than 0 percent or greater than 3 percent.

3. A 10-year term with up to a 5-year extension and an option to review the host fee if a change in entitlement should affect the allowed tonnage volume.

Each quarter, RI sends the City a check for the Host Fee amount, along with a report detailing how many tons of waste are transferred to the landfill.

Below is a summary of RI’s activity from the start of the Interim Agreement:

OUTBOUND TONS* HOST FEE**
FY 2022
2 nd QUARTER 54.9 (2 months only) $ 241.74
3 rd QUARTER 258.6 $ 1,155.36
4 th QUARTER 528.9 $ 2,327.20
FY 2023
1 st QUARTER 781.5 $ 3,438.78
2 nd QUARTER 706.9 $ 3,110.14
3 rd QUARTER 775.1 $ 3,410.35
4 th QUARTER 1224.4 $ 5,387.36
FY 2024
1 st QUARTER 1299.7 $ 5,718.55
*Outbound tons of waste transferred to landfill
**Host fee received by the City
Fiscal Impact:

The proposed Host Fee will establish a rate of $4.08 per ton of waste transferred to a landfill, inflated annually on July 1st, using the Consumer Price Index (CPI) for all urban consumers, CUURS49BSA0, not seasonally adjusted, all items index—San Francisco-Oakland-Hayward, CA. The Host Fee amount that is received by the City to offset the impacts to the community, related to the recycling and transfer station, will fluctuate depending on the actual tons of waste that are transferred to the landfill.

At the proposed rate of $4.08, at the most recent transfer volume, the Host Fee amount received by the City would be approximately $22,000 per year.

Alternatives:

Do not approve the proposed Host Fee Agreement and utilize the Interim Host Fee Agreement into the future.

Recommendation:

Adopt a Resolution to approve the proposed Host Fee Agreement between the City of Yuba City and Recycling Industries
Attachments:

1. Attachment 1 - Resolution - Host Fee Agreement

2. Attachment 2 - Host Fee Agreement (2024)

3. Attachment 3 - Interim Host Fee Agreement

4. Attachment 4 - Host Fee - R3 Recommendation Memo
Prepared By: Submitted By:

Shannon Sardo
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A HOST FEE AGREEMENT WITH

RECYCLING INDUSTRIES
WHEREAS, Recycling Industries “Operator” currently operates a recycling center under Use Permit (UP) 07-12 at 140 Epley Drive, located within the corporate limits of the City (“Property”); and
WHEREAS, in 2014, the City approved Use Permit (“UP”) 12-01, which allowed the applicant to convert its recycling center into a Large Volume Transfer Station (“LVTS”) WHEREAS, the City further approved the Application for the siting of the proposed Transfer Station with or without conditions, and State of California, Cal Recycle, and the County of Yuba Environmental Health Department, the Local Enforcement Agency (LEA) issued a Solid Waste Facility Permit (SWFP) #51-AA-0008 for the development and operation of the Transfer Station, and if the Operator develops, constructs and operates the Transfer Station, the Operator is willing to pay to the City, and the City desires to accept Host Fees to defray the costs to the City of hosting the LVTS and development of the Project as hereinafter set forth.

WHEREAS, the Operator applied to modify its previously approved use of the Property to operate the revised LVTS to receive not more than 100 tons of materials per day (“Project”), which required a Development Permit (“DP”), Use Permit and appropriate Environmental Assessment (“EA”) of the Project;
WHEREAS, the Operator applied for DP 17-03, UP 17-05, and EA 17-10 to construct and operate the Project;
WHEREAS, the Operator shall comply with the terms of the SWFP and applicable conditions as identified in the State Minimum Standards for solid waste handling and disposal as specified in Title 14, California Code of Regulations.

WHEREAS, on February 5, 2019, the City Council of the City approved Resolution No. 19-005, denying an appeal of the Planning Commission of the City’s approval of the Project, thereby approving DP 17-03, UP 17-05, and EA 17-10 for the construction and operation of the Project;
WHEREAS, Condition No. 35 of Resolution No. 19-005 requires that, prior to use of the new building for the Project, the Operator is to negotiate a “Host Fee” with the City, calculated based upon the amount of garbage that is ultimately transferred to the Landfill by the Operator; WHEREAS, on August 17, 2021, the City Council approved, and the City and Recycling Industries entered into the Interim Host Fee Agreement; WHEREAS, the Interim Host Fee Agreement requires a New Agreement be negotiated between both parties that will replace the Interim Agreement and establish and annual adjustment to the Host Fee; and
WHEREAS, the Parties now wish to enter into this New Agreement to memorialize their

understandings on the Operator’s obligation to pay City a Host Fee for the operation of the Project.

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

1. The City Council approves the Host Fee Agreement with Recycling Industries, which was presented to the City Council on this date, as part of the report for this agenda item.

2. The City Manager is hereby authorized to execute the Host Fee Agreement with Recycling Industries, in a form substantially the same as that approved by the City Council on this date, and as approved as to 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 6 th day of
February, 2024.

AYES:

NOES:

ABSENT:
________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP