Yuba City City Council
March 5, 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
MARCH 5, 2024

REGULAR MEETING

CITY COUNCIL

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

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

AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
MARCH 5, 2024
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_vdEp99K3TFajQWhAQ_4NIw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Regular Meeting
Call to Order
Roll Call
__ Mayor Harris
__ Vice Mayor Shaw
__ Councilmember Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Yuba City Downtown Business Association President Sandee Drown Proclamation
Public Communication

2. 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.

3. Minutes from the Regular Meeting of the City Council on February 20, 2024 Recommendation: Approve minutes from the February 20, 2024 Regular Meeting of the City Council

4. Adoption of updated District Boundaries to include property annexed into the City
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City amending Section 2-9.05 of the Yuba City Municipal Code and adopting revised district boundaries; by title only and waive the second reading

5. Sale of 1488 Royo Ranchero Drive to Stewart Gibbs
Recommendation: Adopt a Resolution that:

A. Authorizes the City Manager to execute and Agreement for Purchase and Sale of Real Property located at 1488 Royo Ranchero Drive (APN 062-210-002), and all other necessary documents, in the amount of $18,000 to Stewart Gibbs, subject to approval of the City Attorney as to legal terms
B. Authorizes the Finance Director to place sale proceeds in the Water Fund

6. Appointments to the City of Yuba City Parks & Recreation and Senior Commissions
Recommendation: Approve the Recommendations for the appointment of one (1) new member to the Parks & Recreation Commission and the reappointment of two (2) members to the Senior Commission

7. FEMA Letter of Concurrence
Recommendation: Adopt a Resolution authorizing the Public Works Director to submit a Letter of Concurrence to the Federal Emergency Management Agency supporting a Letter of Map Revision
request

8. Presentation of Investment Report – Quarter Ended December 31, 2023 Recommendation: Note & File Quarterly Investment Report

9. Merriment Village - Cooperative Agreement for Grant Application Recommendation: Adopt a Resolution authorizing the Mayor to enter into a Cooperative Agreement with Habitat for Humanity Yuba/Sutter, Inc. for the Affordable Housing and Sustainable Communities Program, subject to review and approval by the City Attorney

Business Items

10. Consideration of a Development Agreement for the West Railroad Village Tentative Subdivision Map (TSM) 23-02
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road (Assessor’s Parcel Number 55-240-002) by title only and waive the first reading
Future Agenda Items

11. 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

12. City Manager's Report

13. City Council Reports
Adjournment

Proclamation
of the City Council
Sandee Drown
Downtown Business Association
WHEREAS, Sandee Drown a dedicated volunteer from 2017 – 2024 served on the Downtown Business Association Board of Directors as the Events Committee Chair; served as President and as a Board of Director Past President; and
WHEREAS, as a business owner of The Happy Viking, Sandee has supported the surrounding communities with countless donations; and
WHEREAS, the accomplishments by Sandee and the DBA are extensive and include, but are not limited to, creating the Bunny Hop and the Trick or Treat street events; increased the attendance and revenues of both the downtown Summer and Christmas Strolls; budgeted for tree lights to improve both the beautification of the downtown area and the safety of patrons; and
WHEREAS, as DBA President, Sandee was a strong advocate for small businesses to stay open during COVID and successfully lobbied for a $10,ooo grant from Sutter County to assist downtown restaurants with outdoor dining equipment during the COVID pandemic; and
WHEREAS, Sandee was instrumental in strengthening the relationship between the Yuba City Police Department Homeless Liaison Officers and the downtown merchants; and WHEREAS, Sandee Drown’s leadership, dedication, professionalism and commitment have helped make the downtown community a better place for all to experience, shop, dine and visit.

NOW, THEREFORE, BE IT RESOLVED, that I, Shon Harris, Mayor of the City of Yuba City, on behalf of our entire City Council, hereby recognize and commend Sandee Drown’s outstanding dedication to the Downtown Business Association and to enhancing the experience in downtown Yuba City.

Done on this 5th day of March 2024, at the City of Yuba City, County of Sutter, State of California.

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 3

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the Regular Meeting of the City Council on February 20, 2024 Recommendation: Approve minutes from the February 20, 2024 Regular Meeting of the City Council
Fiscal Impact: None
Attachments:

1. 02-20-2024 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 20, 2024
5:30 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 5:31 PM Roll Call

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

Absent: None
Closed Session
A. Conference With Legal Counsel—Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Flores v. City of Yuba
City Case number: CVCS22-
0000820
No public comment received
Regular Meeting
Call to Order
The Regular Meeting of the City Council was called to order by Mayor Harris at 6:02 PM Roll Call

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

Absent: None
Invocation/Inspiration
Dave Shaw, Vice-Mayor
Pledge of Allegiance to the Flag
Wade Kirchner, Councilmember

City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations

1. 2023 Police Officer of the Year Proclamation
Mayor Harris presented a proclamation to Officer Meagan Ross Laura Nicholson presented a proclamation on behalf of Senator Niello Isabella Morgan spoke on behalf of Assemblyman Gallagher David Morgan presented a Congressional Certificate on behalf of Congressman LaMalfa Public Communication

2. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Pasquale moved and Vice-Mayor Shaw seconded the motion to approve Consent Calendar items 3-9:

3. Minutes from the Regular Meeting of the Successor Agency and the City Council on February 6, 2024
Approve minutes from the February 6, 2024 Regular Meeting of the Successor Agency and the City Council

4. Destruction of Specified Yuba City Police Department Records Adopt Resolution 24-010 authorizing the Chief of Police to destroy specified Yuba City Police Department records which have exceeded their retention period, occupy valuable storage space and are of no further use to the City of Yuba City or Yuba City Police Department

5. Citywide Copier Lease Agreement
Adopt Resolution 24-011 authorizing the City Manager to enter into a 5-year lease agreement with Advanced Document Concepts of Chico, CA to provide Kyocera copiers and printers utilizing the OMNIA Partners Contract #R191102 for a not to exceed amount of $36,000 per year with the finding it is in the best interest of the City

6. Short Term Disability Programs for Employees
Adopt Resolution 24-012:

A. Approving the side letters with the Yuba City Police Officers’ Association, Police First Level Managers, Public Employees' Union, Local 1/AFSCME 57, Mid-Managers, and First Level Managers
B. Approving the Resolution with Confidential employees C. Authorizing City Manager to execute contract amendments with Executive Team members

7. Newkom Ranch Development Agreement Amendment
Adopt Uncodified Ordinance 003-24 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; by title only and waive the second reading

8. Salary Schedule, Rules and Regulations Update, and One-Time Bilingual Pay Stipends
Adopt Resolution 24-013:

A. Authorize the Finance Director to amend the salary schedule to remove the Relief Dispatcher classification from Part-Time, Extra Help, Limited Term and At-Will Contract Employees
B. Approve bilingual pay incentive for part-time/temporary employees who are proficient in speaking a foreign language and authorize the Finance Director to amend the salary schedule
C. Approve one-time bilingual pay stipends to avoid negative transition impacts
D. Authorize amendment of the Personnel Rules and Regulations to provide for vacation accrual during probationary period and cash-out of accrued vacation to probationary employees who separate from City service during probation

9. Exclusive Negotiation Agreement with Habitat for Humanity Yuba/Sutter, Inc., for Property Located at 211 and 217 South Walton Avenue Adopt Resolution 24-014 authorizing the Mayor to execute an Exclusive Negotiation Agreement with Habitat for Humanity Yuba/Sutter, Inc., for Cityowned properties located at 211 and 217 South Walton Avenue The motion was passed unanimously
[Item 10 was pulled from the Consent Calendar and moved to Business Items]

10. Merriment Village Apartments - Homekey 3.0 Grant Application Submittal Action: Repeal Resolution No. 23-056 and adopt a Resolution authorizing a joint application with Habitat for Humanity Yuba/Sutter, Inc, to apply for Homekey 3.0 funds through

the State Department of Housing and Community
Development for a 79-unit affordable housing project
located at 428 North Walton Avenue, which is Phase 1
of the proposed 217-unit Merriment Village Apartments
Business Items

10. Merriment Village Apartments - Homekey 3.0 Grant Application Submittal John Nicoletti spoke
Councilmember Kirchner moved and Councilmember Boomgaarden seconded the motion to:

Repeal Resolution No. 23-056 and adopt Resolution 24-015 authorizing a joint application with Habitat for Humanity Yuba/Sutter, Inc, to apply for Homekey 3.0 funds through the State Department of Housing and Community Development for a 79-unit affordable housing project located at 428 North Walton Avenue, which is Phase 1 of the proposed 217-unit Merriment Village Apartments
The motion was passed unanimously

11. Host Fee Agreement with Recycling Industries
Scott Kuhnen spoke
Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to:

Adopt Resolution 24-016 to approve the proposed Host Fee Agreement between the City of Yuba City and Recycling Industries
The motion was passed unanimously

12. City Welcome Sign – Ad Hoc Committee
Jeff Stephens spoke
Establish and designate two (2) Councilmembers to steer the City Welcome Sign Ad Hoc Committee
Councilmembers Kirchner and Pasquale volunteered to serve on this committee

13. Water Tower Plaza Name and Mural Designs - Ad Hoc Committee Sandee Drown spoke
David Reed spoke
Jeff Stephens spoke
Establish and designate two (2) Council members to facilitate the Water Tower Plaza Name and Mural Design Ad-Hoc Committee
Mayor Harris and Vice-Mayor Shaw volunteered to serve on this committee

14. Fiscal Year 23/24 Public Safety Mid-Year Budget Adjustment Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 24-017 authorizing the Finance Director to make a supplemental appropriations and related transfers for the items noted below:

Fire Department - $927,067 to account 2310-61430, utilizing projected salary savings within the General Fund, 100. Should this projected salary savings not materialize, authorize the Finance Director to transfer up to $975,067 from unallocated General Fund CIP
Police Department - Overspend accounts 2120-63601 and 2130- 62701 and offset with salary savings
The motion was passed unanimously

15. Shanghai Garden Park Playground Replacement Project Award and Purchase Vice-Mayor Shaw moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 24-018 which takes the following actions:

A. Adopts a CEQA Class 2 Categorical Exemption
B. Awards a construction contract to BCI Burke Company in the amount of $258,940.76 through Sourcewell Contract No. 010521- BUR, with the finding that it is in the best interest of the City
C. Authorizes the City Manager to execute all necessary documents related to the project
D. Authorizes the Finance Director to make the budget transfers necessary to fund the Shanghai Garden Park Playground Replacement Project The motion was passed unanimously

16. THIS ITEM WAS TIME CERTAIN AT 6:50 PM
Public Hearing No. 5 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
Councilmember Pasquale moved and Vice-Mayor Shaw seconded the motion to accept staff’s recommendation for the District Boundary Map
The motion was passed unanimously

17. Adoption of updated District Boundaries to include property annexed into the City
Councilmember Pasquale moved and Councilmember Kirchner seconded the motion to:

Introduce, by title only, an Ordinance of the City Council of the City of Yuba

City amending Section 2-9.05 of the Yuba City Municipal Code and adopting revised district boundaries, and waive the first reading The motion was passed unanimously

18. Community Sponsorship Request – Playzeum
Mayor Harris moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 24-019 approving the Playzeum request for an in-kind sponsorship estimated at $1,816.62 and a monetary sponsorship in the amount of $1000.00 for the Touch A Truck event
The motion was passed unanimously
Future Agenda Items

19. Future Agenda Items
No suggestions were made
Reports and Communications

20. City Manager's Report

21. 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 7:35 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Adoption of updated District Boundaries to include property annexed into the City Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City amending Section 2-9.05 of the Yuba City Municipal Code and adopting revised district boundaries; by title only and waive the second reading
Fiscal Impact: None
Purpose:

The City Council has held five public hearings to receive public input on district boundaries to account for property annexed to the City and selected a preferred updated district boundary map. To complete this process, and to allow for members of the public residing in the annexed territory to participate in local elections, an ordinance is being adopted to update District boundaries.

Council's Strategic Goal:

Including recently annexed areas into the City Council District Boundaries addresses the City Council's overarching goal of quality of life.

Background:

Every 10 years, Election Code section 2160 requires cities with by-district election systems to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts.

This process, called redistricting, ensures that all districts have a nearly equal population. The City adopted its current district boundaries in 2022 based on 2020 consensus data as required by law.

Since the adoption of the current boundary maps, there have been significant annexations in the southern portion of the City, adjacent to Council Districts 4 and 5. The annexed areas are currently predominantly agricultural land with several homes. While the areas are in the City, they are not within a Council district, thus the Council District Boundary Map must be modified to incorporate the annexed areas.

Analysis:

State laws set strict criteria for the update of the district boundaries in such circumstances. Specifically,

the City Council is required to add the new territory "to the nearest existing Council district” without changing the boundaries of other Council district boundaries. As a result, the City’s discretion is limited regarding the present annexation.

Over the period of several months, the City held five public hearings to receive public comment as required by the Elections Code. The next step is to amend the City’s Municipal Code to formally add the annexed territory. This is done by first introducing the ordinance, which was done on February 20th, and then approving the ordinance at a subsequent regular meeting of the Council. As Districts 4 and 5 are the “nearest existing Council districts” to the annexed property, the ordinance proposes to add the annexed territories to Districts 4 and 5 consistent with the mandatory requirements of State law.

Fiscal Impact:

There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.

Alternatives:

Decline to adopt the Ordinance at this time or continue the matter to a future meeting.

Recommendation:

Adopt an Ordinance of the City Council of the City of Yuba City amending Section 2-9.05 of the Yuba City Municipal Code and adopting revised district boundaries; by title only and waive the second reading
Attachments:

1. Revised District Voting Ordinance(918364.1)

2. Exhibit A - City of Yuba City District Map
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

01248.0001/918364.1 1
ATTACHMENT 1

01248.0001/918364.1 2
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING SECTION 2-9.05 OF THE YUBA CITY MUNICIPAL CODE AND

ADOPTING REVISED DISTRICT VOTING BOUNDARIES
WHEREAS, on February 1, 2022, the City Council adopted Ordinance No. 004-22, adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 9, Title 2 of the City Municipal Code, changing the City from an at large to a by-district voting system; and WHEREAS, with that Ordinance, the City adopted boundaries for the City’s five voting districts, and established an implementation schedule for conversion to by-district voting during the 2022 and 2024 election cycles, with the sequence of elections being Districts 1, 2, and 3 in 2022 (and every four years thereafter), and Districts 4 and 5 in 2024 (and every four years thereafter); and
WHEREAS, the annexation of the territory known as “Newkom Ranch” into the City was approved by the Sutter County Local Agency Formation Commission (“LAFCO”) on July 18, 2021 (LAFCO File No. 2021-0001), and became effective on August 10, 2021; and WHEREAS, the annexation of the territory known as “Kells East Ranch” into the City was approved by LAFCO on January 13, 2022 (LAFCO File No. 2021-0005), and became effective on April 22, 2022; and
WHEREAS, the annexation of the territory known as “Bains” into the City was approved by LAFCO on January 13, 2022 (LAFCO File No. 2021-0003), and became effective on May 12, 2022; and
WHEREAS, the annexation of the territory known as “Kells West” into the City was approved by LAFCO on March 10, 2022 (LAFCO File No. 2022-0001), and became effective on May 12, 2022; and
WHEREAS, the annexation of the territory known as “Lincoln East South” into the City was approved by LAFCO on May 12, 2022 (LAFCO File No. 2022-0003A), and became effective on April 11, 2022; and
WHEREAS, the forgoing territories are referred to herein as “New Territory”; and WHEREAS, pursuant to California Elections Code Section 21603(A), “[If] the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and WHEREAS, the territory for the Newkom Ranch annexation is adjacent to District 5, and WHEREAS, the territories for the Bains, Kells East, Kells West, and Lincoln East South annexations are adjacent to District 4; and
WHEREAS, on November 7, 2023, at a regular City Council meeting, the City Council held a public hearing to receive public input regarding the annexation of the New Territory; and

01248.0001/918364.1 3
WHEREAS, on December 19, 2023, the City held a public meeting in the form of a hearing to receive public input regarding the annexation of the New Territory; and WHEREAS, on January 16, 2024, at a regular City Council meeting, the City Council held a public hearing regarding the proposed map for the annexation of the New Territory; and WHEREAS, on February 6, 2024, at a regular City Council meeting, the City Council again held a public hearing to regarding the proposed map for the annexation of the New Territory; and
WHEREAS, on February 20, 2024, at a regular City Council meeting, the City Council held a public hearing regarding the proposed map annexation of the New Territory; and WHEREAS, the City Council now desires to enact this Ordinance to annex the New Territory into election districts, with the Bains, Kells East, Kells West, and Lincoln East South territory annexed to District 4, and the Newkom Ranch annexation to District 5.

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

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. The district map attached hereto as Exhibit “A” is hereby adopted as the “City of Yuba City District Map” as codified in Section 2-9.05 of the City Municipal Code and incorporated therein by this reference.

SECTION 3. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4: If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

01248.0001/918364.1 4
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 20th day of February, 2024, and passed and adopted at a regular meeting held on the 5th day of March, 2024 .

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Shon Harris, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Exhibit “A”: City of Yuba City District Map

EXHIBIT “A”
City of Yuba City District Map

District 5
District 4
District 3
District 2
District 1
District 4
(Added)
District 4
(Added)
District 5
(Added)

QUEENS AVE
S
W
ALTO
N
AVE
CLA
R
K
AVE
G
R
AY
AVE

BUTTE HOUSE RD

FRANKLIN AVE
PLUMAS
BLV
SUN SW
D

EETBLVD

RICHLAND RD
N W
ALT
ON AVE
PLU
M
A
S
S
T

RICHLAND RD

LINCOLN RD

OHLEYER
R
D

SHANGHAIBEND RD
HA
R
TER PK
W
Y
THA
RP R
D
S
W
ALTO
N
AVE
HO
OPER
R
D

STEWART RD
S

TABLER LN

BRIDGE ST
TIER
R

A BUENA
R
D
R
AILR
O
A
D
AVE
G
R
AY

AVE LIVE
OAK
BLVD
CLA
R
K
AVE
S
T
O

WNSHIP R
D
S
GEO
R
GE W
A
S
HIN
G
TO
N
BLV
D

LINCOLN RD

PEASE RD

FRANKLIN RD
GA
R
D
E
N
H
WY
N T
O

WNSHIP R
D

BOGUE RD

QUEENS AVE
RO
Y
O
RA
N
C
HERO
R
D
¯
Council Districts

District 4
District 4
(Added)
District 4
(Added)
Dis
(Ad
S
W
ALTO
N
AVE

OHLEYER
R
D

RICHLAND RD

STEWART RD
S
W

ALTON AVE S
W
ALTO
N
AVE

LINCOLN RD

BOGUE RD
S
GEO
R
GE WA
S
HIN
G
T
O
N
BLV
D
¯
Council Districts
District 4 Addition

4 )
District 5
(Added)

SHANGHAI BEND RD

STEWART RD

BOGUE RD
R
AILR
O
A
D
AVE
¯
Council Districts
District 5 Addition

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Sale of 1488 Royo Ranchero Drive to Stewart Gibbs Recommendation: Adopt a Resolution that:

A. Authorizes the City Manager to execute and Agreement for Purchase and Sale of Real Property located at 1488 Royo Ranchero Drive (APN 062-210-002), and all other necessary documents, in the amount of $18,000 to Stewart Gibbs, subject to approval of the City Attorney as to legal terms B. Authorizes the Finance Director to place sale proceeds in the Water Fund Fiscal Impact: Sale Price - $18,000 plus savings associated with no longer maintaining the property
Purpose:

To sell 1488 Royo Ranchero Drive which has been deemed a surplus property by the City Council.

Council's Strategic Goal:

This item supports the Council's goal of fiscal responsibility as the disposition of the property will generate funds to place in the Water Fund and reduce maintenance costs.

Background:
1488 Royo Ranchero Drive, located at the northwest corner of Royo Ranchero Road and Jefferson Avenue, is a former groundwater well site that was abandoned when the Tierra Buena area transitioned to surface water 20+ years ago. On September 1, 2020, City Council formally declared the property to be surplus and staff initiated the Surplus Land Act (SLA) process. Through the SLA process, no housing sponsors or developers submitted a letter of interest to purchase the property and the California Department of Housing and Community Development (HCD) cleared the property for sale.

Analysis:
1488 Royo Ranchero Drive is not currently developable as city sewer is currently available

approximately 500' to the south on Royo Ranchero Drive. The adjacent property owner, Stewart Gibbs, contacted staff and submitted a letter of interest to purchase the property. An appraisal was prepared by Owen & Associates, and the appraised value is $18,000. Mr. Gibbs agreed to purchase the property at the appraised value. The attached Agreement for Purchase and Sale details the terms of the transaction.

Fiscal Impact:

The sale price is $18,000 with net proceeds being slightly less due to title and escrow fees. Staff recommends that the proceeds be placed in the Water Fund as the site was originally purchased with Water Funds. In addition, the City will no longer be required to maintain the site.

Alternatives:

Do not sell the property and provide direction to staff.

Recommendation:

Adopt a Resolution that:

A. Authorizes the City Manager to execute and Agreement for Purchase and Sale of Real Property located at 1488 Royo Ranchero Drive (APN 062-210-002), and all other necessary documents, in the amount of $18,000 to Stewart Gibbs, subject to approval of the City Attorney as to legal terms.

B. Authorizes the Finance Director to place sale proceeds in the Water Fund.

Attachments:

1. Resolution - 1488 Royo Ranchero Drive

2. Exhibit A - Purchase and Sale Agreement - 1488 Royo Ranchero Drive Prepared By: Submitted By:

Diana Langley
City Manager
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 AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 1488 ROYO RANCHERO DRIVE (APN 62- 210-002), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $18,000 TO

STEWART GIBBS, AND AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE

PROCEEDS IN THE WATER FUND
WHEREAS, on September 1, 2020, the City Council declared 1488 Royo Ranchero Drive to be a surplus property; and
WHEREAS, in accordance with the Surplus Land Act, staff issued a notice of availability and did not receive any interest from any housing sponsors; and WHEREAS, the Department of Housing and Community Development has determined that staff met all of the requirements under the Surplus Land Act and the Successor Housing Agency is permitted to proceed with the sale or lease of the property; and WHEREAS, an appraisal was prepared by Owen & Associates and the appraised value is $18,000; and
WHEREAS, the adjacent property owner, Stewart Gibbs, submitted an offer to purchase the property at the appraised value; and
WHEREAS, staff recommends that the City Council accept the offer and authorize the City Manager to execute an Agreement for Purchase and Sale; and WHEREAS, the site was originally purchased with Water Funds.

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

1. The City Manager is authorized to execute an Agreement for Purchase and Sale of Real Property located at 1488 Royo Ranchero Drive (APN 062-210-002), and all other necessary documents, in the amount of $18,000 to Stewart Gibbs.

2. The Finance Director is authorized to place sale proceeds in the Water Fund.

The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 5th day of March, 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
Exhibit A: Purchase and Sale Agreement

01248.0012/919634.1 1
Exhibit A

01248.0012/919634.1 2

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this 5th day of March, 2024 (“Agreement Date”) by and among Stewart Gibbs (the “Buyer”), City of Yuba City, a public agency (“Seller”) and OLD REPUBLIC TITLE COMPANY, a corporation (“Escrow Holder” and “Title Company”).

R E C I T A L S:

A. Seller owns that certain residential real property located at 1488 Royo Ranchero Dirve in Yuba City, State of California (APN 062-210-002) legally described as set forth on Exhibit A ("Property").

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

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

TERMS AND CONDITIONS:

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

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

3. PURCHASE PRICE.

3.1 Purchase Price. The Purchase Price for the Property is Eighteen Thousand Dollars ($18,000) (“Purchase Price”).

3.2 Payment of Purchase Price. The Purchase Price shall be paid as follows:
(a) Deposit. At Opening of Escrow, Buyer shall deposit the sum of One Thousand Dollars ($1,000) with Escrow Holder (“Deposit”). (b) Balance of Funds. At least one (1) business day prior to the Closing, Buyer shall deposit balance of the Purchase Price with Escrow Holder in Good Funds (as defined below).

3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as

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

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

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

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

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

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

5. CLOSING DATE; TIME IS OF ESSENCE.

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

5.2 Possession. Upon the Close of Escrow, exclusive possession and occupancy of

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the Property shall be delivered to Buyer free and clear of all claims of possession and all debris.

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

5.4 City Manager’s Authority. Seller by its execution of this Agreement hereby agrees that its City Manager or designee (who has been designated by City Manager’s written notice delivered to Buyer and Escrow Holder) shall, in City Manager’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or their designee shall be binding on Seller. (ii) make minor modifications to this Agreement in order to fulfill the direction of the City Council, provided that such minor modifications are approved by the City Attorney.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Placer Title Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within five (5) days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”). (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of five (5) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”).

If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and

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similar monetary encumbrances affecting the Property, and Seller shall discharge any such nonpermitted title matter of record prior to or concurrently with the Close of Escrow.

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

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

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

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

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

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

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

01248.0012/919634.1 6

7.6 Due Diligence. For a period of up to thirty (30) days following the Opening of Escrow ("Due Diligence Period"), Buyer shall have the right to review and inspect the Property and conduct such tests as reasonably determined by Buyer. Buyer shall use reasonable efforts to expediate any and all investigations provide same does not involve additional cost to Seller.

Seller grants to Buyer, its agents and employees, upon reasonable notice to Seller, a limited license to enter the Property for the purpose of conducting such due diligence as reasonably required by Buyer at Buyer's sole cost and expense. As a condition to Buyer's entry and inspection, Buyer shall keep the Property free and clear of all materialmen's liens, lis pendens or any other liens arising out of the entry and any work performed under this Agreement. Buyer shall notify Seller in writing ("Buyer's Due Diligence Notice") on or before the expiration of the Due Diligence Period of Buyer's approval of the condition of the Property as well as the TDS, NHD Report, Lead Paint Disclosure and all other disclosures and notices delivered to Buyer under this Agreement, which approval may be withheld in Buyer's sole discretion. Failure of Seller to provide access to the Property to inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement and Buyer shall have the right to immediately terminate this Agreement and the escrow.

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

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

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

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):

01248.0012/919634.1 7
(a) Title Company will issue the Owner’s Title Policy as specified in Section 6.2. (b) Escrow Holder holds and will deliver to Buyer the instruments accruing to Buyer pursuant to this Agreement.
(c) Seller is not in default of its obligations under this Agreement.

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
(a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(b) Buyer shall have executed all documents required under this Agreement and delivered same to Seller.
(c) Buyer is not in default of its obligations under this Agreement.

9. LIMITED REPRESENTATIONS AND WARRANTIES.

9.1 Limited Representations and Warranties. Seller hereby makes the following representations and warranties to Buyer to the best of its knowledge and without the duty to investigate, each of which is true in all respects as of the Agreement Date and the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property:
a. Seller has received no notice and/or has no knowledge that any governmental authority or any employee or agent thereof considers the present or proposed operation, use or ownership of the Property to violate or have violated any ordinance, rule, law, regulation or order of any government or agency, body or subdivision thereof, or that any investigation has been commenced or is contemplated respecting such possible violations. b. There are no pending or threatened lawsuits or claims which would affect the Property.
c. The Property is not subject to a homeowner’s association nor any such association assessments.
d. The Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. e. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. There are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions.
f. There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller that shall survive the Close of Escrow.

01248.0012/919634.1 8
g. Until the Closing, Seller shall not do anything which would impair Seller’s title to any of the Property.
h. Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer through Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE (“Nonforeign Affidavit”). i. Until the Closing, if Seller learns of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Closing, Seller shall immediately give written notice of such fact or condition to Buyer. j. No construction or repair work has been done on the Property within the six (6) months prior to the Opening of Escrow.

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

10. ESCROW PROVISIONS.

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

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

10.3 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable. Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within sixty (60) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final

01248.0012/919634.1 9
proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.

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

10.5 Payment of Costs.
a. Cost Allocation. Buyer shall pay the costs for the Owner’s Title Policy, onehalf of escrow costs and recording fees (“Buyer’s Charges”). Seller shall pay the cost of the NHD Report, documentary transfer taxes, one-half of the escrow costs and any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (“Seller’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder. b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs.

The preliminary closing statement shall be approved in writing by the parties.

As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.

10.6 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder.

Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

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

10.8 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code § 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit

01248.0012/919634.1 10
on Escrow Holder's standard form pursuant to Internal Revenue Code §1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

10.9 Brokerage Commissions. Neither party is represented by a broker. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.

11. LIQUIDATED DAMAGES.

IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND

SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH

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

WOULD BE IN THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY

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

SUM SPECIFIED ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A

MATERIAL BREACH OF THIS PROVISION AND SELLER MAY ELECT TO SUE BUYER

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

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

To Seller: City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Diana Langley, City Manager
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
Attn: Shannon Chaffin, City Attorney
To Buyer: Stewart Gibbs
3389 Jefferson Avenue
Yuba City, CA 95993

01248.0012/919634.1 11
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer

13. GENERAL PROVISIONS.

13.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

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

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

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

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

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

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

13.8 Execution in Counterparts. This Agreement may be executed in several

01248.0012/919634.1 12
counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

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

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

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

BUYER: SELLER:
__________________________
Stewart Gibbs
Accepted and agreed to:

ESCROW HOLDER:

OLD REPUBLIC TITLE
By: _________________________
Jayne Silveira, Escrow Officer
Dated: ________________, 2024

CITY OF YUBA CITY
By: _______________________________
Diana Langley, City Manager
_________________, 2024
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, City Attorney

01248.0012/919634.1 1

EXHIBIT A

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

LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RANCHO DE ROYO UNIT TWO”, FILED JULY 28, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SUTTER, STATE OF CALIFORNIA IN BOOK 13 OF SURVEYS, AT PAGE 105.

APN: 062-210-002

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Stewart Gibbs
3389 Jefferson Avenue
Yuba City, CA 95993
____________________________________________________________________________

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

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

GRANTOR:

DATED: _______________, 2024
CITY OF YUBA CITY, a public agency
By: _____________________________
Diana Langley,
City Manager
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APN 062-210-002-000 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:

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

01248.0012/919634.1 1

EXHIBIT A TO GRANT DEED

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

LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RANCHO DE ROYO UNIT TWO”, FILED JULY 28, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SUTTER, STATE OF CALIFORNIA IN BOOK 13 OF SURVEYS, AT PAGE 105.

APN: 062-210-002

01248.0012/919634.1 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

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

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

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

01248.0012/919634.1 2

EXHIBIT C

DEED RESTRICTION

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: City Manager
____________________________________________________________________________

DEED RESTRICTION
If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision © of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

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

GRANTOR:

DATED: _______________, 2024
CITY OF YUBA CITY, a public agency
By: _____________________________
Diana Langley
City Manager
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APN 062-210-002-000 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:

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

01248.0012/919634.1 1

EXHIBIT A TO DEED RESTRICTION

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

LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RANCHO DE ROYO UNIT TWO”, FILED JULY 28, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SUTTER, STATE OF CALIFORNIA IN BOOK 13 OF SURVEYS, AT PAGE 105.

APN: 062-210-002

01248.0012/919634.1 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

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

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

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

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Council and Board
Presentation By: Shon Harris
Summary
Subject: Appointments to the City of Yuba City Parks & Recreation and Senior Commissions
Recommendation: Approve the Recommendations for the appointment of one (1) new member to the Parks & Recreation Commission and the reappointment of two (2) members to the Senior Commission
Fiscal Impact: None
Purpose:

To fill current and anticipated vacancies on the Yuba City Parks & Recreation and Senior Commissions.

Background:

The application and selection process for the Parks & Recreation and Senior Commissions is complete. The following appointments are recommended:

Commission Name Term Ending
Parks & Recreation Pawandeep Rai 02/27/25
Senior Commission Anthony Kurlan (Incumbent) 02/27/28
Senior Commission Tanna Thomas (Incumbent) 02/27/28
*Note: The appointment of Pawandeep Rai is contingent on the successful completion of background screening.

Fiscal Impact:

None
Recommendation:

Approve the appointment of Pawandeep Rai to the Parks & Recreation Commission and the reappointment of Anthony Kurlan and Tanna Thomas to the Senior Commission.

Attachments:

1. Pawandeep Rai - Parks & Rec Application 02.05.24_Redacted

2. T Kurlan - Senior Commission Application 01.22.24_Redacted

3. T Thomas Senior Commission Application_Redacted
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

CITY OF YUBA CITY

APPLICATION FOR CITY

BOARDS AND COMMISSIONS
APPLICATION FOR APPOINTMENT TO:

PARKS AND RECREATION COMMISSION
Name: ______________________________________________________________________ Address/Zip: _____________ ___________________________________________ ______________________________________________________________________ Phone: ________________ ____________________________________________ E-mail: ___________ _______________________________________ Occupation: ______________________________________________________________________ Resident of the City of Yuba City: YES NO
If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member of the Commission?
YES NO
Please Complete the Attached Supplemental Questionnaire Return completed application to:

City Clerk’s Office
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Or email: [email protected]
**APPLICATION DEADLINE: FEBRUARY 5, 2024 at 5:00PM**

Page | 1
Thank you for your interest in serving our community. So that we can get to know you better, please complete the following supplemental questionnaire. This information will help us select the Board Members/Commissioners that will best represent our City and our residents.

Separate pages may be attached if additional space is needed. Only complete questionnaires will be considered.

1. Why do you wish to serve as a member of this Commission?

2. What education, training, or background experience do you have that might be help to you for this position? (You may attach a brief resume if you wish.)

3. Are you willing to participate in necessary training, education and development activities to improve your effectiveness on the board?

4. Do you have any personal or professional interests having the potential to result in financial or material gain for yourself or your immediate family which would present an actual conflict of interest or the appearance of a conflict of interest with the duties of a commissioner or board member on a regular or frequent basis? If so, please describe:

Page | 2

5. Describe your involvement with the Yuba-Sutter Community including any community service.

6. Can you attend meetings regularly, making them a priority for the duration of your appointment?

7. Is your schedule flexible to allow for occasional special meetings? If not, please explain.

8. Have you participated in local government as a committee member, commissioner, councilmember, or staff? What was your role and what did you learn from it?

Page | 3

9. Do you anticipate residing in Yuba City for the next four years, or would there be any reasonable possibility of relocating out of the area for business or personal reasons in the foreseeable future?

10. Approximately how many City Council, Planning Commission, or other City meetings have you attended in the last three years?

11. In your opinion, what is the purpose of the board or commission for which you are seeking appointment?

12. What do you perceive to be the primary issue facing our community now and over the next 5 years? Have you any ideas of how we can approach solutions to these issues?

Page | 4

13. Is there any additional information you would like to share about yourself or your qualifications for this position?
Additional information:
x If appointed, you may need to complete an FPPC Conflict of Interest Form 700 x You may also be subject to DOJ LiveScan (fingerprinting) and background check x If appointed, the City will provide orientation and opportunities for training including any training required by State law.

Acknowledgement:

I declare under the penalty of perjury that I am a registered voter with a legal residence or domicile within the City of Yuba City. I also acknowledge and agree that the appointment to fill a vacancy on City Boards and Commissions is a public process. As a result, this application may be used or released to the public subject to redaction of personal information by the City as appropriate.

Further, I understand that as a potential candidate I may be subject to subsequent public interviews or discussion by the City Council during City Council meetings which are open to the public. Finally, I confirm that, if appointed, I will be able to attend and be fully engaged in scheduled Board and Commission meetings.

Signature: ______________________________________________ Print Name: _____________________________________________ Date: __________________________________________________

ATTACHMENT 2

ATTACHMENT 3

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: FEMA Letter of Concurrence
Recommendation: Adopt a Resolution authorizing the Public Works Director to submit a Letter of Concurrence to the Federal Emergency Management Agency supporting a Letter of Map Revision request
Fiscal Impact: None
Purpose:

To assure that Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps accurately reflect Sutter Butte Flood Control Agency (SBFCA) levee improvements.

Council’s Strategic Goal:

This project addresses two City Council Strategic Goals, as the proposed Flood Zone re-mapping improves financial stability throughout the community and enhances opportunities for businesses to successfully operate, while taking advantage of substantial SBFCA infrastructure improvements.

Background:

SBFCA staff have been coordinating with Sutter County and Yuba City staff on an upcoming submittal of the 100-year FEMA accreditation package for SBFCA’s southern Feather River West Levee Project.

SBFCA and Sutter County held a preapplication meeting with FEMA on February 6. SFBCA anticipates sending the submittal to FEMA following closeout of the Federal levee project. Following submittal, it is anticipated that the review and processing period with FEMA will take approximately 3 to 5 years before the proposed mapping changes become effective.

Analysis:

SBFCA is requesting the City provide a Letter of Concurrence (Attachment 1, Exhibit A), to be included with the accreditation package, affirming that the City approves of SBFCA requesting revisions to the City’s Flood Insurance Rate Maps. The anticipated changes to the maps are generally beneficial to the City overall when considering the protections afforded by the SBFCA levee project. A relatively small area at the northeast corner of Bogue Road and Township Road, which is currently outside the City Limits but within the City Sphere of Influence, would be included in Zone AE. Areas adjacent to the Gilsizer Slough south of Smith Road, which would impact development with the Bogue Stewart Master

Plan area, would also be in Zone AE. This flood zone has actual base flood elevations associated with it, so future development will be informed as to the mitigation required to comply with the City’s Flood Zone Protection Ordinance. The remaining areas within the City’s sphere of influence will be shown as outside the 100-year flood plain. These properties will not be required to have flood insurance, and if they chose to carry National Flood Insurance Program insurance, they will be charged a lower premium.

Fiscal Impact:

There is no fiscal impact. Fees associated with the map revision process will be paid by Sutter County.

Alternatives:

Do not authorize a Letter of Concurrence to be submitted at this time and instead request additional information from SBFCA, either through City staff or through a formal Council study session.

Recommendation:

Adopt a Resolution authorizing the Public Works Director to submit a Letter of Concurrence to the Federal Emergency Management Agency supporting a Letter of Map Revision request.

Attachments:

1. Resolution - FEMA Letter of Concurrence

2. Exhibit A - Letter of Concurrence
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 SUBMIT A LETTER OF CONCURRENCE

TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY SUPPORTING A LETTER OF MAP

REVISION REQUEST
WHEREAS, the Sutter Butte Flood Control Agency (SBFCA) has completed the Feather River West Levee Project throughout Butte and Sutter Counties; and WHEREAS, SBFCA, in coordination with Sutter County, must submit a 100-year accreditation package to the Federal Emergency Management Agency (FEMA) in order for FEMA to certify the levees afford the community 100-year flood protection; and WHEREAS, as part of the accreditation package, SBFCA requests that the City provide a letter of concurrence (Exhibit A) affirming that the City approves of SBFCA requesting revisions to the City’s Flood Insurance Rate Maps.

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

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

2. The City Council hereby authorizes the Public Works Director to submit a Letter of Concurrence to the Federal Emergency Management Agency supporting a Letter of Map Revision request as part of the Feather River West Levee Project accreditation process.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 5th day of March, 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 – Letter of Concurrence

EXHIBIT A

March 5, 2024
Mr. Daven Patel
MT-2 Technical Manager

STARR II
3601 Eisenhower Ave, Suite 500
Alexandria, VA 22304-6426
Subject: Sutter County LOMR Request
Dear Mr. Patel,
This communication is to inform your office of a forthcoming Letter of Mapping Revision (LOMR) request to be submitted by the County of Sutter for the City of Yuba City, California. Furthermore, the City acknowledges that it is aware of the upcoming submittal, has reviewed the revision request, understands the effects of the revision on flooding conditions in the community, and has determined that any land and any existing or proposed structures to be removed from the Special Flood Hazard Area are reasonably safe from flooding.

The City understands how Sutter Butte Flood Control Agency (SBFCA), in coordination with Sutter County, will prepare a Letter of Map Revision request for the accreditation of the Southern Feather River West Levee (FRWL) within Sutter County. The request includes documentation for approximately 29.9 miles of the FRWL and includes proposed FIRM changes to the west side of the Feather River (see attached overview figure).

The City of Yuba City is a voting member of the 13-person Board of Directors of SBFCA. Through this role, the City has been actively involved in the Feather River West Levee Project since its inception. If you have any questions or need any additional information regarding this matter, please don’t hesitate to contact me.

Sincerely,
Benjamin K. Moody
Public Works and Development Services Director
Attachment: Overview of Proposed Changes to Existing FIRM

ATTACHMENT

0603940715E
0603940095E
0603940785E
0603940255E
0603940150E
0603940040B
0603940575E
0603940700E
0603940075B
0603940720E
0603940600E
0603940085B
0603940025B
0603940605E
0603940030B
0603940045B
0603940730E
0603940805E
0603940615E
0603940225E
0603940175B
0603940650E
0603940795E
0603940200E
0603940090B
0603940125B
0603940035B
0603940250E
0603940705E
0603940695E
0603940080B
0603940710E
0603940820F
0603940810F
0603940840F
0603940265F
0603940815F
0603950001C
0603960005B
Esri, HERE, Maxar
Sutter
Bypass
Wadsworth Canal
Fe
ather River
Breach Floodplain - Proposed
AE zone
Yuba City
Interior Drainage Floodplain -
Proposed Zone AO (Depth 1')
Interior Drainage Floodplain -
Proposed Zone AO (Depth 2')
Interior Drainage Floodplain -
Proposed Zone AO (Depth 1')
Live
Oak
0603940720E
0603940125B
919 Reserve Drive, Suite 125
Roseville, CA 95678
(209)304-1739
Figure
5 Date: May 2023
Sutter Butte Flood Control Agency
Overview of Proposed Changes to
Existing FIRMS - Sutter County
0 1.5 3
Mi
µ
AE Zone tie-in with Butte County BFE
Sutter Bypass
BFE tie-in location
Yuba River confluence
AE Zone tie-in location
Bear River confluence
BFE tie-in location
Breach Floodplain - Proposed
AE zone
Proposed AO Zone
Proposed AE Zone
200-Year FRWLP Levee
100-Year FRWLP Levee
Non-Accredited Levee
County Boundary
City Boundary
Proposed Special Flood Hazard Areas

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Presentation of Investment Report – Quarter Ended December 31, 2023 Recommendation: Note & File Quarterly Investment Report Fiscal Impact: Informational item only
Purpose:

To provide information regarding the investment of City funds.

Council's Strategic Goal:

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

Background:

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

Analysis:

Portfolio Highlights:
• As of December 31, 2023, the City's overall investment portfolio (estimated market value) totaled $145,100,309, a decrease of $3,553,442 from the previous quarter. • Notable transactions during the quarter that affected cash flow included:
o Gas tax, SB1 and other streets & roads receipts, $1.5 million; o Sales tax receipts, $4.5 million;
o SBFCA expenses, $1.5 million, and revenues, $750 thousand o Debt service payments, utility bonds, $1.6 million.
• The portfolio shows a “paper loss” of $921,034 as of December 31st. This represents the amount of value that the City would lose if it were to liquidate its entire portfolio at the end of the reporting period. However, such losses will not be realized if the investments are held until

maturity (which is the City’s general investment strategy). • The City’s portfolio is still replacing lower yield instruments with higher yields for each maturing bond in this fixed income market, and the overall portfolio yield increased compared to past quarters. The portfolio remains positioned for a higher yield environment by keeping the maturity dates of our purchases in a longer position, currently 1.20 weighted average years to maturity, while remaining watchful for signs of an economic shift. For the quarter ended 12/31/23, 47 investments matured or sold, partially or in whole, with an average yield of 0.83%.

Excluding asset-backed securities and seven investments matured or sold with an average yield of 1.72%. These funds, along with LAIF holdings, were invested in eight instruments with an average yield of 4.75%. The Weighted Average Yield to Maturity of the City’s total investment portfolio increased from 3.31% to 3.62% for the quarter. • The City’s cash flow needs will be met by roughly $60.4 million in liquid assets as of December 31st (approximately 42.5% of the City Held Investments portfolio value) that is currently invested in LAIF, CAMP, First American money management funds, and in the City’s Wells Fargo checking account.

Outlook: Anticipating a slowdown, the City’s portfolio is positioned for longer maturities to hang onto the higher interest revenue for as long as we can. Future Federal Reserve rate cuts up to 75 basis points are possible in the next 12 months as price stability is their priority. With yield curve inversion, we might expect more recession discussions to occur in the next six months.

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

Fiscal Impact:

Informational Item only.

Recommendation:

Note and file the Quarterly Investment Report for the period ending December 31, 2023.

Attachments:

1. 2nd Qtr. 2024 Investment Report
Prepared By: Submitted By:

Spencer Morrison
City Treasurer
Spencer Morrison
City Treasurer

Attachment 1

City of Yuba City
Treasurer’s Quarterly
Investment Report
AS PRESCRIBED BY CALIFORNIA GOVERNMENT CODE SECTION 53646 December 31, 2023

The following table provides a comparison of the portfolio for the quarter ended December, and the previous quarters ended July, August, and September 2023.

Portfolio Comparison
3/31/23 6/30/23 9/30/23 12/31/23
Cost Basis $135,883,897 $168,112,812 $151,626,311 $146,021,344 Estimated Market Value 133,199,069 164,713,193 148,653,751 145,100,309 Unrealized Gains/(Losses) (1) (2,684,829) (3,399,620) (2,972,560) (921,034) Liquidity 43.38% 50.93% 45.14% 42.52%
Weighted Average Years:

Maturity of City Held Funds 1.24 years 1.11 years 1.19 years 1.20 years LAIF Interest Rate 2.074% 3.167% 3.534% 4.000%
CAMP Interest Rate 4.800% 5.24% 5.24% 5.550%
Portfolio: Weighted Average Yield
to Maturity at Market 2.40% 3.11% 3.31% 3.62%
CPI (Annualized) 5.0% 3.0% 3.7% 3.4%
Note: (1) This represents the amount of money that the City would gain (or lose) if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains (or losses) will not be realized if the investments are held until maturity (which is the City’s historical investment strategy).
1

Federal Home Loan Bank

2.68%
Federal Natl Mtg Assn

1.27% Federal Farm Credit Bank

3.26%
Federal Home Loan
Mortgage Corp

0.68%
US Treasury Notes

32.39%
City Held Assessment
Districts/Munis
Corporate Bonds & Asset- 1.35%
Backed Sec.

14.55%
California Asset Mgmt Program

9.00%
Local Agency Investment
Fund

25.18%
Certificates of Deposit

0.74%
Cash/Money Market

8.33%
Supranationals

0.57%
Composition of City Held Investments
2

$-
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
In Millions
City Held Investment Portfolio Maturity Distribution
Cash Equiv 0-6 Months 6-12 Months 1-3 Years 3+ Years

42.5%

17.3%

9.8%

20.4%

10.0%
3

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security Asset Type IA Broker NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) U.S. Consumer Price Index (Inflation) 12/31/23 3.400%
1 Local Agency Investment Fund (LAIF) State Treasurer N/A Daily 4.000% 4.000% $ 35,996,748 $ 35,764,322 $ (232,426)2 Calif. Asset Management Program (CAMP) City CAMP N/A Daily 5.550% 5.550% $ 12,782,354 $ 12,782,354 -3 Wells Fargo Money Market & Checking Accts. City Wells Fargo N/A Daily (Sweep) 5.226% 5.226% $ 11,577,807 $ 11,577,807 -4 First American Institutional Prime Money Market 26200630S Daily 4.840% 4.840% $ 251,359 $ 251,359 -5 US Treasury Notes US Treasury Notes Insight Wells Fargo Securities 91282CBE0 01/15/24 1.250% 0.443% $ 695,026 $ 698,712 3,6866 US Bancorp MTNS Bank Notes Corporate Bonds Insight US Bancorp Investments 91159HHV5 02/05/24 3.375% 2.075% $ 1,049,040 $ 997,630 (51,410)7 Federal National Mortgage (Fannie Mae) Federal Agency PFM Citigroup Global Markets 3135G0V34 02/05/24 2.500% 2.600% $ 398,200 $ 398,940 7408 US Bancorp MTNS Bank Notes Corporate Bonds PFM US Bancorp Investments 91159HHV5 02/05/24 3.375% 3.190% $ 453,848 $ 448,934 (4,914)9 US Treasury Notes US Treasury Notes PFM Citigroup Global Markets 912828B66 02/15/24 2.750% 4.636% $ 268,984 $ 274,134 5,149 10 Schwab Charles Corp Corporate Bonds PFM Credit Suisse 808513BN4 03/18/24 0.000% 0.770% $ 84,958 $ 84,127 (831)11 Federal Farm Credit Bank Federal Agency Insight Morgan Stanley 3133EMBE1 03/28/24 0.300% 0.322% $ 1,099,175 $ 1,086,151 (13,024)12 US Treasury Notes US Treasury Notes Insight NOMURA 912828W71 03/31/24 2.125% 1.673% $ 662,444 $ 644,820 (17,624)13 Federal Home Loan Bank Federal Agency Insight Wells Fargo Securities 3130AMQQ8 04/23/24 0.350% 0.350% $ 1,500,000 $ 1,476,810 (23,190)14 US Treasury Notes US Treasury Notes Insight JP Morgan Securities 912828X70 04/30/24 2.000% 1.591% $ 509,004 $ 494,765 (14,239)15 IBM Corporate Notes Corporate Bonds Insight Citigroup 459200JY8 05/15/24 3.000% 0.538% $ 540,180 $ 497,656 (42,524)16 IBM Corporate Notes Corporate Bonds Insight Morgan Stanley 459200JY8 05/15/24 3.000% 0.715% $ 535,390 $ 493,244 (42,146)17 Caterpillar Mtn Corporate Bonds Insight Calyon NY 14913R2L0 05/17/24 0.450% 0.497% $ 998,750 $ 981,620 (17,130)18 American Honda Finance Corp Med Term Notes Corporate Bonds PFM Gov Perspectives/Chase 02665WCZ2 06/27/24 2.400% 2.430% $ 249,603 $ 246,315 (3,288)19 US Treasury Notes US Treasury Notes PFM HSBC Securities ASP 912828XX3 06/30/24 2.000% 1.653% $ 761,191 $ 731,017 (30,174)20 US Treasury Notes US Treasury Notes PFM HSBC Securities ASP 912828XX3 06/30/24 2.000% 1.419% $ 1,127,113 $ 1,082,434 (44,680)21 US Treasury Notes US Treasury Notes PFM HSBC Securities ASP 912828XX3 06/30/24 2.000% 0.672% $ 422,578 $ 405,827 (16,751)22 US Treasury Notes US Treasury Notes PFM HSBC Securities ASP 912828XX3 06/30/24 2.000% 1.566% $ 815,500 $ 783,173 (32,327)23 US Treasury Notes US Treasury Notes PFM Bank of Montreal 91282CEX5 06/30/24 3.000% 3.490% $ 49,574 $ 50,104 53024 US Treasury Notes US Treasury Notes PFM JP Morgan Securities 91282CEX5 06/30/24 3.000% 4.260% $ 2,251,215 $ 2,275,291 24,07625 US Treasury Notes US Treasury Notes Insight HSBC Secs USA NY 91282CCL3 07/15/24 0.375% 0.409% $ 649,367 $ 633,900 (15,468)26 US Treasury Notes US Treasury Notes PFM JP Morgan Securities LLC 91282CCT6 08/15/24 0.375% 0.410% $ 1,198,922 $ 1,165,596 (33,326)27 Walt Disney Co Corporate Bonds Corporate Bonds PFM Gov Perspectives/Chase 254687FK7 08/30/24 1.750% 1.836% $ 273,878 $ 268,557 (5,321)28 US Treasury Notes US Treasury Notes PFM Bank of Montreal 912828YE4 08/31/24 1.250% 5.230% $ 3,436,031 $ 3,511,836 75,80529 Darrough Drive AD City Held Bond City 09/02/24 6.000% 6.000% $ 12,246 $ 12,246 -30 Deere John Mtn Corporate Bonds PFM HSBC Securities, Inc. 24422EVU0 09/10/24 0.625% 0.650% $ 89,942 $ 87,220 (2,722)31 Toyota Motor Credit Corp Corporate Bonds Insight Citigroup Global Markets Inc. 89236TJN6 09/13/24 0.625% 2.770% 522,550 $ 532,642 $ 10,09332 Caterpillar Finl Mtn Corporate Bonds PFM Citigroup Global Markets Inc. 14913R2P1 09/13/24 0.600% 0.650% $ 224,694 $ 217,820 (6,874)33 Plumas Bank CD Certificate of Deposit City Plumas Bank 269101799 09/17/24 0.000% 0.000% $ 1,049,560 $ 1,049,560 -34 Inter Amer Bk Mtn Supranationals PFM JP Morgan - London 4581X0DZ8 09/23/24 0.500% 0.520% $ 584,567 $ 566,204 (18,363)35 US Treasury Notes US Treasury Notes Insight Barclays Cap Whippany 912828YH7 09/30/24 1.500% 0.474% $ 154,764 $ 146,232 (8,532)36 Federal Farm Credit Bank Federal Agency Insight Morgan Stanley 3133EMCN0 10/15/24 0.400% 0.432% $ 948,813 $ 917,026 (31,787)37 MBART 2021-B A3 ABS / CMO PFM Govt Perspectives, LLC/Chase 58769KAD6 11/15/24 0.400% 0.400% 11, $ 11,697 718 $ (21)38 California St Dept Wtr Res Cent Municipal Bonds Insight Oppenheimer & Co., Inc. 13067WPG1 12/01/24 2.751% 1.486% $ 179,348 $ 166,632 (12,716)39 US Treasury Notes US Treasury Notes PFM Morgan Stanley 912828YY0 12/31/24 1.750% 0.326% $ 1,224,795 $ 1,124,621 (100,174)40 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 912828YY0 12/31/24 1.750% 0.180% 961 $ 883,269 ,945 $ (78,676)41 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 912828YY0 12/31/24 1.750% 0.270% 1,0 $ 1,003,078 92,426 $ (89,348)42 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 912828YY0 12/31/24 1.750% 0.280% 955 $ 877,620 ,793 $ (78,173)43 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 912828YY0 12/31/24 1.750% 0.290% 424 $ 389,350 ,031 $ (34,681)44 US Treasury Notes US Treasury Notes PFM Nomura Securities 912828YY0 12/31/24 1.750% 2.940% $ 387,875 $ 356,151 (31,724)45 BMWLT 2021-2 A4 ABS / CMO PFM Wells Fargo 09690AAD5 01/27/25 0.430% 0.431% $ 369,986 $ 368,520 (1,466)46 US Treasury Notes US Treasury Notes PFM HSBC Securities, Inc. 91282CDZ1 02/15/25 1.500% 2.840% $ 337,928 $ 337,764 (164)47 American Express Co Corp Note Corporate Bonds PFM Barclay 025816CQ0 03/04/25 2.250% 2.290% $ 79,919 $ 77,397 (2,522)48 John Deere Med Term Notes Corporate Bonds Insight Bank of Montreal 24422EWB1 03/07/25 2.125% 3.030% $ 975,850 $ 969,170 (6,680)49 Roche Holdings Inc. (Callable) Corporate Corporate Bonds PFM Deutsche Bankc Alex Brown Inc. 771196BT8 03/10/25 2.130% 2.130% $ 365,000 $ 353,871 (11,129)50 Home Depot Inc Corporate Notes Corporate Bonds PFM Morgan Stanley 437076CM2 04/15/25 2.700% 2.760% $ 24,956 $ 24,383 (573)51 Bank of New York Mellon Corporate Bonds PFM Nesbitt and Burns 06406RAN7 04/24/25 1.600% 0.841% $ 437,402 $ 407,885 (29,516)52 US Treasury Notes US Treasury Notes Insight RBS Global 912828ZL7 04/30/25 0.375% 2.710% $ 838,409 $ 851,697 13,288 December, 2023
4

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security Asset Type IA Broker NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) December, 2023
53 Cintas Corporation Corporate Bonds PFM Pershing, LLC 17252MAP5 05/01/25 3.450% 3.460% $ 59,987 $ 58,923 (1,064)54 USAA Capital Corp Corporate Bonds PFM Bank of America Sec 90327QD89 05/01/25 3.375% 3.490% $ 214,297 $ 210,466 (3,831)55 Chevron Corp New Notes Corporate Bonds Insight RBS Capital Markets, LLC 166764BW9 05/11/25 1.554% 3.200% $ 572,040 $ 575,316 3,27656 Apple Inc. Corporate Bonds PFM Deutsche Bankc Alex Brown Inc. 037833BG4 05/13/25 3.200% 0.814% $ 436,332 $ 391,856 (44,476)57 The Goldman Sachs Group Corporate Bonds PFM Deutsche Bankc Alex Brown Inc. 38148LAE6 05/22/25 3.750% 1.026% $ 222,856 $ 195,878 (26,978)58 National Australia Supranationals PFM Citigroup Global Markets Inc. 63254ABD9 06/09/25 3.500% 3.500% $ 250,000 $ 245,715 (4,285)59 National Rural Med Term Notes Corporate Bonds PFM RBC Capital Markets 63743HFE7 06/15/25 3.450% 3.460% $ 44,988 $ 44,062 (926)60 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 912828ZW3 06/30/25 0.250% 0.360% 760 $ 727,927 ,884 $ (32,957)61 US Treasury Notes US Treasury Notes Insight RBS Capital Markets, LLC 912828ZW3 06/30/25 0.250% 3.030% $ 551,627 $ 563,556 11,92962 JP Morgan Chase & Co Corporate Bonds PFM RBC Capital Markets 46625HMN7 07/15/25 3.900% 1.024% $ 450,500 $ 393,788 (56,712)63 GMALT 2021-3 A4 ABS / CMO PFM JPM_CHA 36262XAD6 07/21/25 0.500% 0.501% $ 69,765 $ 69,433 (332)64 IBM Corporate Notes Corporate Bonds PFM JP Morgan Securities 459200KS9 07/27/25 4.000% 4.000% $ 200,000 $ 197,790 (2,210)65 Federal National Mortgage (Fannie Mae) Federal Agency PFM Morgan Stanley 3135G05X7 08/25/25 0.375% 0.410% $ 499,070 $ 467,460 (31,610)66 Federal National Mortgage (Fannie Mae) Federal Agency Insight Morgan Stanley 3135G05X7 08/25/25 0.375% 3.050% $ 918,880 $ 934,920 16,04067 Buttes Vista 2000-1 AD, 2013 Refunding City Held Bond City 09/02/25 2.730% 2.730% $ 89,774 $ 89,774 -68 Walmart Inc. Corporate Notes Corporate Bonds PFM Barclays Capital 931142EW9 09/09/25 3.900% 3.920% $ 164,885 $ 163,813 (1,072)69 Walmart Inc. Corporate Notes Corporate Bonds PFM Barclays Capital 931142EW9 09/09/25 3.900% 4.070% $ 398,160 $ 395,571 (2,589)70 Federal Farm Credit Bank Federal Agency Insight Tdomus33 Toronto Dominion 3133ENP95 09/30/25 4.250% 4.191% $ 1,101,808 $ 1,096,942 (4,866)71 United Health Group Corporate Bonds PFM BofA Securities 91324PEN8 10/15/25 5.150% 5.150% $ 69,994 $ 70,764 77072 National Rural Med Term Notes Corporate Bonds PFM Pnc Bank Na/Pnc Cap Markets 63743HFF4 10/30/25 5.450% 5.500% $ 64,913 $ 65,651 73873 Citigroup Inc. Corporate Notes (Callable) Corporate Bonds PFM CITIGRP 172967ND9 11/03/25 1.281% 1.281% $ 135,000 $ 129,888 (5,112)74 HAROT 2021-3 A3 ABS / CMO PFM BARCLAY 43815EAC8 11/18/25 0.410% 0.410% $ 66,980 $ 65,295 (1,685)75 Amazon Corporate Bonds PFM J.P. Morgan Securities 023135CN4 12/01/25 4.600% 4.600% $ 624,963 $ 626,631 1,66976 Bank of America Corp Notes (Callable) Corporate Bonds PFM MERRILL 06051GKE8 12/06/25 1.530% 1.530% $ 225,000 $ 216,304 (8,696)77 US Treasury Notes US Treasury Notes PFM Govt Perspectives, LLC/Chase 91282CBC4 12/31/25 0.380% 0.728% 368 $ 347,535 ,965 $ (21,430)78 US Treasury Notes US Treasury Notes Insight Deutsche Bank Securities 9128285T3 12/31/25 2.625% 4.834% $ 526,176 $ 532,983 6,80779 Federal Home Loan Mortgage Corp (Freddie Mac) Federal Agency Insight Wells Fargo Securities 3137EAEP0 02/12/25 1.500% 5.280% $ 951,970 $ 965,410 13,44080 HART 2021-B A3 ABS / CMO PFM Salomon Bros. 44934KAC8 01/15/26 0.380% 0.390% $ 85,503 $ 83,661 (1,842)81 HAROT 2021-4 A3 ABS / CMO PFM MERRILL 43815GAC3 01/21/26 0.880% 0.885% $ 90,533 $ 87,867 (2,666)82 Bank of America Corp F/R Corporate Bonds PFM Merrill Lynch Fixed Income 06051GGZ6 01/23/26 3.366% 1.326% 219,558 $ 195,326 $ (24,232)83 Morgan Stanley Corporate Bonds PFM Merrill Lynch Fixed Income 61746BDZ6 01/27/26 3.875% 1.270% 224,686 $ 195,882 $ (28,804)84 State Street Corp Corporate Bonds PFM Goldman Sachs & Co LLC 857477BR3 02/06/26 1.746% 1.750% $ 65,000 $ 62,459 (2,541)85 Federal Farm Credit Bank Federal Agency Insight Wells Fargo Securities 3133EPCF0 03/02/26 4.500% 5.060% $ 1,086,581 $ 1,104,081 17,50086 HART 2021-C A3 ABS / CMO PFM SMBC 44935FAD6 05/15/26 0.740% 0.745% $ 69,036 $ 67,177 (1,859)87 Carmx 2021-3 A3 ABS / CMO PFM RBC Capital Markets 14317DAC4 06/15/26 0.550% 0.550% $ 107,689 $ 104,352 (3,337)88 MBART 2021-1 A3 ABS / CMO PFM MIZUHO 58772WAC7 06/15/26 0.460% 0.463% $ 120,182 $ 116,618 (3,564)89 TAOT 2022A A3 ABS / CMO PFM BNP Paribas Securities Corp/BO 89239KAC5 06/15/26 0.000% 1.230% $ 144,064 $ 140,199 (3,864)90 GM Fin Cons Auto Rec TR 2021 A-3 ABS / CMO PFM Wells Fargo Securities 380140AC7 06/16/26 0.480% 0.480% $ 63,204 $ 61,398 (1,805)91 Toyota Motor Credit Corp Corporate Bonds PFM Market Axess Corp 89236TJK2 06/18/26 1.125% 1.204% $ 224,145 $ 207,765 (16,380)92 VALET 2021-1 A3 ABS / CMO PFM WELLS_F 92868KAC7 06/22/26 1.020% 1.021% $ 112,901 $ 109,904 (2,997)93 COMET 2021-A1 ABS / CMO PFM RBC Capital Markets 14041NFW6 07/15/26 0.550% 0.550% $ 279,989 $ 272,740 (7,249)94 US Treasury Notes US Treasury Notes PFM JP Morgan Securities 91282CCP4 07/31/26 0.625% 3.030% $ 910,781 $ 927,343 16,56295 US Treasury Notes US Treasury Notes PFM JP Morgan Securities 91282CCP4 07/31/26 0.625% 3.040% $ 1,274,984 $ 1,298,169 23,18496 US Treasury Notes US Treasury Notes PFM HSBC Securities 91282CCP4 07/31/26 0.625% 3.330% $ 405,545 $ 412,919 7,37497 US Treasury Notes US Treasury Notes PFM BNP Paribas Securities 91282CCP4 07/31/26 0.625% 3.460% $ 807,785 $ 822,474 14,68998 US Treasury Notes US Treasury Notes PFM Citigroup Global Markets, Inc. 91282CCP4 07/31/26 0.625% 3.930% $ 1,998,633 $ 2,034,976 36,34399 Federal Home Loan Bank Federal Agency Insight Citigroup Global Markets, Inc. 3130AWTQ3 09/11/26 4.625% 4.750% 647,680 $ 658,418 $ 10,738 100 COPAR 2021-1 A3 ABS / CMO PFM JPM_CHA 14044CAC6 09/15/26 0.770% 0.770% $ 94,605 $ 91,562 (3,043)101 TAOT 2022-B A3 ABS / CMO PFM Mitsubishi UFJ Securities 89238FAD5 09/15/26 2.931% 2.931% $ 89,998 $ 88,205 (1,792)102 GM Fin Cons Auto Rec TR 2021-4 A-3 ABS / CMO PFM JPM_CHA 362554AC1 09/16/26 0.680% 0.681% $ 79,246 $ 76,591 (2,654)103 Citigroup Inc. Corporate Notes Corporate Bonds PFM Citigroup Global Markets Inc. 172967NX5 09/29/26 5.610% 5.610% $ 150,000 $ 151,094 1,094104 WOART 2021-D A3 ABS / CMO PFM WELLS_F 98163KAC6 10/15/26 0.810% 0.813% $ 107,901 $ 104,732 (3,169)105 US Treasury Notes US Treasury Notes PFM BNP Paribas Securities Corp 912828U24 11/15/26 2.000% 4.060% $ 857,648 $ 874,486 16,837 5

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security Asset Type IA Broker NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) December, 2023
106 COMET 2021-A3 A3 ABS / CMO PFM BARCLAY 14041NFY2 11/16/26 1.040% 1.043% $ 324,955 $ 313,489 (11,467)107 Federal Home Loan Bank Federal Agency Insight Wells Fargo Securities 3130AQF65 12/21/26 1.250% 4.122% $ 625,591 $ 643,559 17,968108 Target Corporation Corporate Bonds PFM Citigroup Global Markets Inc. 87612EBM7 01/15/27 1.950% 1.990% $ 39,932 $ 37,319 (2,613)109 Microsoft Corp Corporate Bonds PFM Marketaxess Corp 594918BY9 02/06/27 3.300% 4.360% $ 673,813 $ 681,751 7,938110 Berkshire Hathaway Financial Notes Corporate Bonds PFM CSFB 084664CZ2 03/15/27 2.300% 2.690% $ 417,261 $ 401,965 (15,296)111 US Treasury Notes US Treasury Notes Insight Bank of New York 91282CEF4 03/31/27 2.500% 4.404% $ 795,716 $ 812,379 16,663112 CARMAX 2022-3 A3 ABS / CMO PFM RBC Capital Markets 14318MAD1 04/15/27 0.000% 3.970% $ 209,995 $ 207,205 (2,790)113 US Treasury Notes US Treasury Notes PFM Bank of Montreal 91282CEN7 04/15/27 2.750% 3.730% $ 841,572 $ 841,671 99114 UnitedHealth Group Corporate Bonds PFM Bank of America Sec 91324PEG3 05/15/27 3.700% 3.710% $ 39,978 $ 39,171 (808)115 NAROT 2022-B A3 ABS / CMO PFM Wells Fargo Securities 65480JAC4 05/17/27 4.580% 4.460% $ 174,964 $ 173,703 (1,261)116 US Treasury Notes US Treasury Notes Insight BNP Paribas 91282CEW7 06/30/27 3.250% 4.544% $ 478,810 $ 488,615 9,805117 US Treasury Notes US Treasury Notes PFM Citigroup Global Markets, Inc. 91282CFB2 07/31/27 2.750% 3.510% $ 2,523,016 $ 2,546,643 23,627118 US Treasury Notes US Treasury Notes PFM Citigroup Global Markets, Inc. 91282CFB2 07/31/27 2.750% 4.060% $ 1,663,799 $ 1,679,380 15,581119 US Treasury Notes US Treasury Notes PFM Citigroup Global Markets, Inc. 91282CFB2 07/31/27 2.750% 4.150% $ 2,463,805 $ 2,486,877 23,072120 US Treasury Notes US Treasury Notes PFM Bank of Montreal 91282CFB2 07/31/27 2.750% 4.420% $ 1,385,751 $ 1,398,728 12,977121 US Treasury Notes US Treasury Notes PFM Morgan Stanley 91282CFB2 07/31/27 2.750% 4.550% $ 1,568,873 $ 1,583,565 14,692122 US Treasury Notes US Treasury Notes PFM JP Morgan Chase 91282CFZ9 11/30/27 3.875% 4.770% $ 1,063,133 $ 1,078,777 15,645123 US Treasury Notes US Treasury Notes PFM HSBC Securities 91282CFZ9 11/30/27 3.875% 4.200% $ 3,755,617 $ 3,810,884 55,266124 MBART 2022-1 A3 ABS / CMO PFM Pershing LLC 58768PAC8 08/16/27 5.210% 5.210% $ 349,931 $ 350,483 552125 Buttes Vista 2002-1 AD, 2013 Refunding City Held Bond City 09/02/27 2.730% 2.730% $ 177,822 $ 177,822 -126 Apple Inc Corporate Bonds PFM TD Securities 037833DB3 09/12/27 2.900% 3.940% $ 286,863 $ 287,262 399127 Apple Inc Corporate Bonds Insight Credit Suisse NY 037833DB3 09/12/27 2.900% 4.135% $ 473,730 $ 478,770 5,040128 DCENT 2022-A4 A Corporate Bonds PFM Citigroup Global Markets 254683CX1 10/15/27 0.001% 5.030% $ 239,969 $ 240,938 969129 Pepsico Corporate Bonds Insight BofA Securities 713448DY1 10/15/27 3.000% 4.238% $ 711,060 $ 720,263 9,203130 Federal Farm Credit Bank Federal Agency Insight Cantor Fitzgerald & Co 3133EN5N6 01/06/28 4.000% 3.891% $ 433,099 $ 430,573 (2,526)131 American Honda Finance Corporate Bonds Insight Jefferies Jersey City 02665WED9 01/12/28 4.700% 4.341% $ 608,940 $ 605,052 (3,888)132 Bristol Myers Squibb Corporate Bonds PFM Marketaxess Corp 110122DE5 02/20/28 3.900% 4.930% $ 334,380 $ 343,921 9,541133 Astrazeneca Finance Corporate Bonds PFM BofA Securities 04636NAF0 03/03/28 4.875% 4.920% $ 324,344 $ 331,344 7,001134 Mastercard Corporate Bonds PFM JP Morgan Securities LLC 57636QAW4 03/09/28 4.875% 4.900% $ 324,685 $ 334,987 10,303135 Federal Home Loan Bank Federal Agency Insight Wells Fargo Charlotte, NC 3130ATS57 03/10/28 4.500% 4.114% $ 1,017,260 $ 1,023,650 6,390136 Nestle Holdings, Inc Corporate Bonds PFM JP Morgan Securities LLC 641062BF0 03/14/28 5.000% 5.010% $ 674,825 $ 693,671 18,846137 Home Depot Inc Corporate Notes Corporate Bonds Insight Goldman Sachs, NY 437076CE0 03/15/28 0.900% 4.193% $ 511,974 $ 524,760 12,786138 Merck & Co Inc Corp Notes Corporate Bonds PFM Citigroup Global Markets 58933YBH7 05/17/28 4.050% 4.070% $ 139,887 $ 139,385 (501)139 US Treasury Notes US Treasury Notes Insight Goldman Sachs, NY 91282CCE9 05/31/28 1.250% 3.991% $ 1,228,395 $ 1,250,648 22,253140 DCENT 2023-A2 A Corporate Bonds PFM BofA Securities 254683CZ6 06/15/28 0.000% 4.930% $ 349,953 $ 352,671 2,718141 US Treasury Notes US Treasury Notes Insight RBC Capital Markets 912810FE3 08/15/28 5.500% 4.751% $ 722,504 $ 748,286 25,782142 DCENT 2021-A1 A1 ABS / CMO PFM CITIGRP 254683CP8 09/15/28 5.500% 4.751% $ 249,946 $ 241,855 (8,091)143 Staple/Ashley/Cornwell AD City Held Bond City 09/02/30 6.000% 6.000% $ 69,309 $ 69,309 -144 WWTP Solar System (DS, June 30) City Held Bond City 06/30/33 4.000% 4.000% $ 1,405,736 $ 1,405,736 - --
Total City Held Investments $ 142,931,633 $ ( 142,010,598 $ 921,034) 6

City of Yuba City Investment Report
Investments Held By Trustees
Description of Maturity Coupon Yield Estimated Unrealized No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss) 145 2013 Water Rev COP Debt Service Blackrock T-Fund Daily 5.230% 5.230% 311 $ 311 - 146 Interest Blackrock T-Fund Daily 0.000% 0.000% 0 0 -147 TABs Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 2,258 2,258 - 148 Interest Blackrock T-Fund Daily 5.230% 5.230% 12,075 12,075 -149 Interest Blackrock T-Fund Daily 0.000% 0.000% - - -150 Principal Blackrock T-Fund Daily 5.230% 5.230% 1,103 1,103 -151 Reserve Blackrock T-Fund Daily 0.000% 0.000% 0 0 -152 Reserve Assured Guaranty Daily 0.000% 0.000% 1,870,568 1,870,568 -153 Reserve Blackrock T-Fund Daily 5.230% 5.230% 486,906 486,906 -154 Gauche Park Refunding - 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 135 135 - 155 Debt Service Blackrock T-Fund Daily 0.000% 0.000% - - -156 Reserve Assured Guaranty Daily 0.000% 0.000% 650,031 650,031 -157 CFD Refund 2015 Debt Service Blackrock T-Fund Daily 5.230% 5.230% 1,179 1,179 -158 Reserve Blackrock T-Fund Daily 5.230% 5.230% 43,534 43,534 -159 I-Bank Paymnt Blackrock T-Fund Daily 5.230% 5.230% 106 106 - 160 Wastewater Revenue Bonds (CREBS) - 2017 Bond Blackrock T-Fund Daily 5.230% 5.230% 154 154 -161 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 0.000% 0.000% - - 162 Bond Blackrock T-Fund Daily 4.980% 4.980% 538 538
163 Project First Am Treas Obl Daily 4.980% 4.980% 20,812 20,812 Total Trustee-Held Investments $ 3,089,711 $ 3,089,711 $ - TOTAL CITY & TRUSTEE-HELD INVESTMENTS $ 146,021,344 $ 145,100,309 $ (921,034) Signed: Date:

Spencer Morrison, City Treasurer/s/ Spencer Morrison 2/21/2024 December, 2023
I certify to the best of my knowledge: (i) That this statement reflecting all City investments is accurate and complete; (ii) That each investment conforms with the City's investment policies,as well as California's Government Code; and (iii) That sufficient cash flow liquidity is available to meet the next six months of estimated disbursements. 7

Balance Balance Period
Account Types 9/30/2023 12/31/2023 Activity
City Held Investments Local Agency Investment Fund 43,903,356 $ 35,764,322 $ (8,139,034) $ California Asset Management Program 12,604,785 12,782,354 177,569 Cash/Money Market 9,205,058 11,829,166 2,624,108 Federal Agency Securities 11,946,330 11,203,939 (742,391) US Treasuries 43,587,136 45,990,209 2,403,073 Certificates of Deposit 1,049,560 1,049,560 0 Corporate Bonds and Asset Backed Sec. 20,552,820 20,657,610 104,790 City-held Assessment Districts & Municipals 1,919,611 1,921,519 1,908 Supranationals 798,195 811,919 13,724
Total City Held Investments 145,566,851 $ 142,010,598 $ (3,556,252) $ Trustee Held Investments Water Refunding 2013 1,430 $ 311 $ (1,119) $ TABs Refunding - 2015 2,366,412 2,372,910 6,498 Gauche Park Refunding 650,706 650,167 (539) Sunsweet CFD Refund 46,338 44,819 (1,519) Wastewater Revenue Bonds - 2017 407 154 (252)Wastewater Revenue Bonds - 2018 21,608 21,350 (259) Total Trustee Held Investments 3,086,901 3,089,711 2,811 $ Total 148,653,751 $ 145,100,309 $ (3,553,442) $
City of Yuba City - Quarterly Investment Transaction Report December 2023 - Market Value Summary
8

Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis US Treasury Notes 10/02/23 09/30/23 09/30/23 Matured 1.375% 1.742% 640,226.79Fannie Mae 10/06/23 02/05/24 10/04/23 Sold 2.500% 2.600% 995,500.00 Federal Farm Credit Banks 10/13/23 10/13/23 10/13/23 Matured 0.280% 0.314% 999,000.00Mercedes Benz Auto Receivables ABS 10/16/23 11/15/24 10/15/23 Sold 0.400% 0.400% 11,866.17Hyundai Auto Receivables ABS 10/16/23 01/15/26 10/15/23 Sold 0.380% 0.380% 9,919.80Hyundai Auto Receivables ABS 10/16/23 05/15/26 10/15/23 Sold 0.740% 0.740% 5,782.10Carmax Auto Owner ABS 10/16/23 06/15/26 10/15/23 Sold 0.550% 0.550% 7,690.48 Mercedes Benz Auto Receivables ABS 10/16/23 06/15/26 10/15/23 Sold 0.460% 0.460% 9,642.54 Toyota Auto Receivables ABS 10/16/23 06/15/26 10/15/23 Sold 1.230% 1.230% 10,009.02 GM Fin Consolidated Auto Receivables ABS 10/16/23 06/16/26 10/16/23 Sold 0.480% 0.480% 5,485.07Capital One Prime ABS 10/16/23 09/15/26 10/15/23 Sold 0.770% 0.770% 6,695.12 GM Fin Consolidated Auto Receivables ABS 10/16/23 09/16/26 10/15/23 Sold 0.680% 0.680% 5,440.47World Omni Auto Receivables ABS 10/16/23 10/15/26 10/15/23 Sold 0.810% 0.810% 7,830.35 Honda Auto Receivables ABS 10/18/23 11/18/25 10/18/23 Sold 0.410% 0.410% 6,810.27 Volkswagen Auto Loans ABS 10/20/23 06/22/26 10/20/23 Sold 1.020% 1.020% 8,776.01 Honda Auto Receivables ABS 10/23/23 01/21/26 10/21/23 Sold 0.880% 0.880% 7,134.52 US Treasury Notes 10/31/23 10/31/23 10/31/23 Matured 1.625% 1.433% 302,273.44Federal Farm Credit Banks 11/01/23 11/01/23 11/01/23 Matured 2.200% 1.842% 1,014,870.00Mercedes Benz Auto Receivables ABS 11/15/23 11/15/24 11/15/23 Sold 0.400% 0.400% 13,688.81 Hyundai Auto Receivables ABS 11/15/23 01/15/26 11/15/23 Sold 0.380% 0.380% 9,524.45Hyundai Auto Receivables ABS 11/15/23 05/15/26 11/15/23 Sold 0.740% 0.740% 5,562.45Carmax Auto Owner ABS 11/15/23 06/15/26 11/15/23 Sold 0.550% 0.550% 7,569.66 Mercedes Benz Auto Receivables ABS 11/15/23 06/15/26 11/15/23 Sold 0.460% 0.460% 10,176.52 Toyota Auto Receivables ABS 11/15/23 06/15/26 11/15/23 Sold 1.230% 1.230% 10,101.83 Capital One Prime ABS 11/15/23 09/15/26 11/15/23 Sold 0.770% 0.770% 6,506.98 World Omni Auto Receivables ABS 11/15/23 10/15/26 11/15/23 Sold 0.810% 0.810% 7,647.66 GM Fin Consolidated Auto Receivables ABS 11/16/23 06/16/26 11/16/23 Sold 0.480% 0.480% 5,121.62GM Fin Consolidated Auto Receivables ABS 11/16/23 09/16/26 11/16/23 Sold 0.680% 0.680% 5,181.92 Honda Auto Receivables ABS 11/20/23 11/18/25 11/20/23 Sold 0.410% 0.410% 6,556.33 Volkswagen Auto Loans ABS 11/20/23 06/22/26 11/20/23 Sold 1.020% 1.020% 9,433.22 Honda Auto Receivables ABS 11/21/23 01/21/26 11/21/23 Sold 0.880% 0.880% 7,064.11 US Treasury Notes 11/30/23 11/30/23 11/30/23 Matured 2.875% 0.615% 1,044,925.23US Treasury Notes HSBC Securities 12/07/23 06/30/24 12/06/23 Sold 3.000% 3.490% 3,174,144.53 Mercedes Benz Auto Receivables ABS 12/15/23 11/15/24 12/15/23 Sold 0.400% 0.400% 13,657.33 Hyundai Auto Receivables ABS 12/15/23 01/15/26 12/15/23 Sold 0.380% 0.380% 9,048.25Hyundai Auto Receivables ABS 12/15/23 05/15/26 12/15/23 Sold 0.740% 0.740% 5,287.06Carmax Auto Owner ABS 12/15/23 06/15/26 12/15/23 Sold 0.550% 0.550% 7,213.27Mercedes Benz Auto Receivables ABS 12/15/23 06/15/26 12/15/23 Sold 0.460% 0.460% 9,484.41Toyota Auto Receivables ABS 12/15/23 06/15/26 12/15/23 Sold 1.230% 1.230% 9,632.51Capital One Prime ABS 12/15/23 09/15/26 12/15/23 Sold 0.770% 0.770% 6,310.58World Omni Auto Receivables ABS 12/15/23 10/15/26 12/15/23 Sold 0.810% 0.810% 7,614.76 Honda Auto Receivables ABS 12/18/23 11/18/25 12/18/23 Sold 0.410% 0.410% 6,247.08 GM Fin Consolidated Auto Receivables ABS 12/18/23 06/16/26 12/16/23 Sold 0.680% 0.680% 4,977.40 GM Fin Consolidated Auto Receivables ABS 12/18/23 06/16/26 12/16/23 Sold 0.480% 0.480% 4,914.32 GM Fin Consolidated Auto Receivables ABS 12/20/23 07/21/25 12/20/23 Sold 0.500% 0.500% 232.07 Volkswagen Auto Loans ABS 12/20/23 06/22/26 12/20/23 Sold 1.020% 1.020% 8,706.57 Honda Auto Receivables ABS 12/21/23 01/21/26 12/21/23 Sold 0.880% 0.880% 6,673.28 $ 8,478,156
US Treasury Notes RBC Capital Markets LLC 10/03/23 08/15/28 10/02/23 Buy 5.500% 4.751% 722,503.91US Treasury Notes JP Morgan Securities 10/06/23 11/30/27 10/04/23 Buy 3.875% 4.770% 1,063,132.81 Freddie Mac Wells Fargo Securities 10/13/23 02/12/25 10/12/23 Buy 1.500% 5.280% 951,970.00 Federal Farm Credit Banks Wells Fargo Securities 11/01/23 03/02/26 10/30/23 Buy 4.500% 5.060% 1,086,581.10 US Treasury Notes Bank of New York 11/30/23 12/31/25 11/27/23 Buy 2.625% 4.834% 526,175.67US Treasury Notes BNP Paribas 11/30/23 06/30/27 11/27/23 Buy 3.250% 4.544% 478,810.27 US Treasury Notes Morgan Stanley 09/15/23 07/31/27 09/15/23 Buy 2.750% 4.550% 1,568,873.05 US Treasury Notes HSBC Securities 12/07/23 11/30/27 12/06/23 Buy 3.875% 4.200% 3,755,617.19 Total Purchases $ 10,153,664
Investment Activity
October, November, December 2023

SALES/REDEMPTIONS
Total Sales/Redemptions

PURCHASES
9

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Merriment Village - Cooperative Agreement for Grant Application Recommendation: Adopt a Resolution authorizing the Mayor to enter into a Cooperative Agreement with Habitat for Humanity Yuba/Sutter, Inc. for the Affordable Housing and Sustainable Communities Program, subject to review and approval by the City Attorney
Fiscal Impact: Staff time associated with grant application support with the potential to receive grant funding for City infrastructure improvements.

Purpose:

To assist Habitat for Humanity Yuba/Sutter with meeting the requirements of the Affordable Housing and Sustainable Communities (AHSC) Program grant application while potentially receiving grant funding for City infrastructure.

Council’s Strategic Goal:

This project addresses two City Council Strategic Goals, as the proposed grant application support contributes to a business-friendly environment, while funding from a potential grant award would lead to improved City infrastructure.

Background:

On September 19, 2023, Council approved Development Plan 23-02, Merriment Village Apartments, subject to conditions of approval, for the development of a 218-unit income-based (affordable) apartment complex located on a 7.7-acre parcel at 428 North Walton Avenue.

On February 20, 2024, Council authorized a joint application with Habitat for Humanity Yuba/Sutter, Inc. to apply for Homekey 3.0 funds through the State Department of Housing and Community Development (HCD) for Phase 1 of the project, consisting of 79 units.

Habitat for Humanity has notified City staff that HCD has issued a Notice of Funding Availability dated January 19, 2024, through the Affordable Housing and Sustainable Communities (AHSC) Program.

Habitat for Humanity is applying for a grant from the AHSC Program for development of Phase 2.

The AHSC Program Guidelines require applicants to provide evidence of at least two prior projects that

are similar to the proposed AHSC project in scope and size, which have been completed by the applicant during the ten years preceding the application due date. This section of the Guidelines also states that the applicants may demonstrate the requisite experience by using the past experience of work completed by a Locality or Transportation Agency non-applicant (e.g., the City) so long as the applicant can provide an executed agreement with that specific non-applicant for the completion of the related work in the Application for which funding is sought.

In 2021, the City entered into a similar Cooperation Agreement with the Regional Housing Authority and Sutter Community Affordable Housing on an AHSC grant application for Richland Village.

Analysis:

Habitat for Humanity Yuba/Sutter is requesting the City cooperate on the submittal of the AHSC grant application by committing to constructing the following infrastructure improvements within 5 years:
• Sidewalks on the west side of Walton Avenue between Franklin Avenue and Stoker Avenue. • Class 2 bike lanes on the west side of Harding Road between Franklin Road and Cherry Street. • Class 2 bike lanes on the north side of Cherry Street between Harding Road and Sanborn Road.
• Class 2 bike lanes on the west side of Sanborn Road between Cherry Street and Lincoln Road.

The City would not be a direct applicant for the AHSC funds. However, the AHSC program requires the City and the applicant to enter into a Cooperative Agreement in order for the City to utilize any funds awarded. A draft agreement (Attachment 1, Exhibit A) has been prepared, but must be reviewed and approved by the City Attorney prior to signing. If no grant funding is obtained, the agreement would automatically terminate.

Fiscal Impact:

There will be minimal staff time associated with supporting the grant application. If the grant application is successful, the City will receive approximately $2,056,000 toward the completion of sidewalks and bike lanes.

Alternatives:

Do not authorize the Mayor to execute a Cooperative Agreement with Habitat for Humanity.

Recommendation:

Adopt a Resolution authorizing the Mayor to enter into a Cooperative Agreement with Habitat for Humanity Yuba/Sutter, Inc. for the Affordable Housing and Sustainable Communities Program, subject to review and approval by the City Attorney.

Attachments:

1. Resolution - Merriment Village Cooperative Agreement

2. Exhibit A - Draft Cooperative Agrement
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 MAYOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH HABITAT FOR HUMANITY YUBA/SUTTER, INC. FOR THE AFFORDABLE HOUSING AND SUSTAINABLE

COMMUNITIES PROGRAM
WHEREAS, on September 19, 2023, Council approved Development Plan 23-02, Merriment Village Apartments, subject to conditions of approval, for the development of a 218-unit incomebased (affordable) apartment complex located on a 7.7-acre parcel at 428 North Walton Avenue; and
WHEREAS, on February 20, 2024, Council authorized a joint application with Habitat for Humanity Yuba/Sutter, Inc. to apply for Homekey 3.0 funds through the State Department of Housing and Community Development (HCD) for Phase 1 of the project, consisting of 79 units; and
WHEREAS, Habitat for Humanity, Inc. has notified City staff that HCD has issued a Notice of Funding Availability dated January 19, 2024, through the Affordable Housing and Sustainable Communities (AHSC) Program; and
WHEREAS, Habitat for Humanity, Inc. is applying for a grant from the AHSC Program for development of Phase 2; and
WHEREAS, the AHSC Program Guidelines require applicants to provide evidence of at least two prior projects that are similar to the proposed AHSC project in scope and size, which have been completed by the applicant during the ten years preceding the application due date. This section of the Guidelines also states that the applicants may demonstrate the requisite experience by using the past experience of work completed by a Locality or Transportation Agency nonapplicant (e.g., the City) so long as the applicant can provide an executed agreement with that specific non-applicant for the completion of the related work in the Application for which funding is sought; and
WHEREAS, the City has entered into a similar Cooperation Agreement with the Regional Housing Authority and Sutter Community Affordable Housing on an AHSC grant application for Richland Village.

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

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

2. The City Council hereby authorizes the Mayor to enter into a Cooperative Agreement with Habitat for Humanity Yuba/Sutter, Inc. for the Affordable Housing and Sustainable Communities Program, in substantial conformance with the draft Cooperative Agreement attached as Exhibit A, subject to review and approval by the City Attorney.

3. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City

Council of the City of Yuba City at a regular meeting thereof held on the 5th day of March, 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 – Draft Cooperative Agreement

EXHIBIT A

COOPERATIVE AGREEMENT BETWEEN THE CITY OF YUBA CITY AND HABITAT

FOR HUMANITY YUBA/SUTTER FOR THE AFFORDABLE HOUSING AND

SUSTAINABLE COMMUNITIES PROGRAM
This Cooperative Agreement (“Agreement”) is entered into as of the ___ day of ______ 2024, between the City of Yuba City (“City”) and Habitat for Humanity Yuba/Sutter (“Developer”) each of which is referred to herein individually as “Party” and jointly as “Parties”.

RECITALS
WHEREAS, The State of California, Department of Housing and Community Development (HCD) issued a Notice of Funding Availability dated January 19, 2024 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program; and
WHEREAS the Developer is applying for an award from the AHSC Program, with a total amount not to exceed $_____________, for the purpose of development of the Merriment Village Housing Project Phase II (“Project”), which includes a request for $____________ for the purpose putting in 3,500 linear of new continuous sidewalk where none currently exists within 1-mile of 425 N Walton (“Continuous Sidewalk”) for the Merriment Village Project located at 428 North Walton Avenue,Yuba City CA.

Whereas the City and Developer wish to cooperate on the submittal of the Application to allow the City to receive this AHSC Program funding for the Project; and WHEREAS the City is not a direct applicant for the AHSC funds, but, as set forth herein, if and only if the Application is funded, will utilize; and WHEREAS, as the City is not a direct applicant of the funds, the AHSC Program requires the City and Developer to enter into this Agreement under the specific AHSC Program Threshold Requirement stated in Section 106 (a) (12) of the Round 8 AHSC Program Guidelines dated December 14, 2023; and WHEREAS Section 106 (b) (7) of the AHSC Program Guidelines requires applicants to provide evidence of at least two prior projects that are similar to the proposed AHSC project in scope and size, which have been completed by the applicant, or joint applicant, during the ten (10) years preceding the application due date. This section of the Guidelines also states that the applicants may demonstrate the requisite experience by using the past experience of work completed by a Locality or Transportation Agency non-applicant so long as the applicants can provide an executed agreement with that specific non-applicant for the completion of the related work in the Application for which funding is sought; and NOW, THEREFORE, the Parties to this Agreement agree as follows:

I. City Responsibilities
If a grant award is received from the AHSC Program in the amount of $__________ for the purpose of funding development costs of the active transportation components of the Project (“Continuous Sidewalk”) that are eligible under AHSC guidelines, the City will have the sole responsibility to develop the Continuous Sidewalk in accordance with the agreed upon schedule of performance and any specific award requirements related to the development of the Project.

II. Developer Responsibilities
If a grant award is received from the AHSC Program, the Developer will have sole responsibility to complete the Project in accordance with the terms of the AHSC award documents.

III. Joint Responsibilities
All Parties will provide the other Party with copies of the notice of completion, and other documents related to their respective work that the other Party may reasonably request, including quarterly progress reports on the Party's work.

The City and Developer each acknowledge and agree that the inability or failure by any Party to fully and timely meet each Party's respective responsibilities as required by the AHSC award documents may affect the timing and right of the other Party to receive disbursement of AHSC funds.

IV. Implementation Agreements
In the event a grant award is received from the AHSC Program, the City and the Developer recognize that each Party may need additional assurances from the other (including assurances for the Project’s lenders and investors) regarding the specific grant award before commencement of construction of the Project. The Parties agree to cooperate in amending this Agreement and/or entering into Implementation Agreements or other documents necessary to provide reasonable assurances and indemnifications related to the development of the Project and disbursement of grant funds. The Parties recognize that any such amendments to this Agreement or execution of additional agreements may require approval of the City Council and the Developer's Board of Directors.

V. Miscellaneous
A. Waiver. No waiver of any default or breach of any covenant of this Agreement by any Party will be implied from any omission by any Party to act on account of such default if such default persists or is repeated. Express waivers are limited in

scope and duration to their express provisions. Consent to one action does not imply consent to any future action.

B. Events of Default. The occurrence of any of the following events shall constitute an Event of Default under this Agreement:
(i) A Party fails to perform any of its obligations under this Agreement and does not cure or set forth a plan of action to cure such failure within 30 days after written notice of such failure has been delivered to the defaulting Party; or
(ii) A Party purports to revoke this Agreement or this Agreement becomes ineffective for any reason. Upon an Event of Default, any Party may terminate this Agreement as to the defaulting Party by giving notice to the other Party.

C. Termination. This Agreement shall terminate upon the earlier of:
(i) Failure to receive an AHSC award, or
(ii) Mutual written Agreement of the Parties hereto to terminate the Agreement, or
(iii) Termination pursuant to paragraph (V) (B), above.

D. Assignment. No Party can assign, transfer, or otherwise substitute its interest or obligations under this Agreement without the written consent of the other Party.

Notwithstanding the foregoing, the Parties acknowledge that Developer intends to form a limited partnership for the development and operation of the Project (the "Partnership"), and the Parties hereby agree that Developer may assign its interest or obligations under this Agreement to said Partnership, provided the managing general partner of such limited partnership is controlled by Developer.

E. Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California and any action shall be a venue in the County of Sutter.

F. Amendments. This Agreement may only be amended in writing and must be executed by both Parties.

G. Disputes. If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegation must give written notice thereof to the alleged breaching Party. The Parties will promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation or binding arbitration, may be pursued by mutual Agreement. It is the intent of the Parties, to the extent possible, that litigation be avoided as a method of dispute resolution.

H. Attorneys' Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party or Parties in said proceedings will be entitled to its costs, including reasonable attorneys' fees, in addition to such other remedies to which it may be entitled.

I. Warranty of City to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is duly authorized and has the full City to execute this Agreement on behalf of the entity that is a Party to this Agreement.

J. Severability. If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining portions of this Agreement or the application thereof, will remain in full force and effect.

K. Counterparts. This Agreement may be executed in counterparts.

L. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral Agreement between the Parties on the same subject.

M. Notices. Formal notices, demands, and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested; or delivered by express delivery service, return receipt requested, or delivered personally, to the principal offices of the Parties as follows:

CITY:

City of Yuba City
1201 Civic Center Blvd.

Attn: _________________________
{Contact Email}
{Contact Phone}
DEVELOPER:

Habitat for Humanity Yuba/Sutter Inc.
202 D Street, Marysville, CA 95901
Attn: Joseph Hale, CEO
[email protected]
503-845-8354
Each of the undersigned hereby executes this Agreement in the spaces provided below to evidence their respective agreement to the terms of this Agreement.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first noted above.

City of Yuba
_____________________________ _____________________
By: __________________________ Date
Habitat for Humanity Yuba/Sutter
_______________________________ _____________________
By: Joseph Hale, CEO Date

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: March 5, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Consideration of a Development Agreement for the West Railroad Village Tentative Subdivision Map (TSM) 23-02
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road (Assessor’s Parcel Number 55-240-002) by title only and waive the first reading
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:

Consideration to approve a Development Agreement for the West Railroad Subdivision (TSM) 23-02 and the associated Mitigated Negative Declaration.

Council’s Strategic Goal:

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

Background:

The applicant, Junior S. Thiara, filed an application for Tentative Subdivision Map SM 23-02, West Railroad Subdivision.

On January 24, 2024, the Yuba City Planning Commission conducted a Public Hearing, and the Planning Commission voted to:

1. Adopt Resolution PC 24-01 contingently approving TSM 23-02; and

2. Adopt Resolution PC 24-02 recommending approval of Environmental Assessment 23-07 and

the associated Development Agreement.

Analysis:

Tentative Subdivision Map (TSM) 23-02, West Railroad Village, divides 4.8-acres into 27 total lots (21 duplex lots and 6 single-family residential lots, for a total of 48 new residences. The site, which is currently developed with an orchard, is located within the approved Bogue-Stewart Master Plan (BSMP) area. The subdivision will be served by an internal road system that will access Railroad Avenue and is designed to connect with property to the south when it urbanizes at some point in the future to provide additional connectivity.

Variations to the BSMP Residential Development Standards The BSMP detailed development standards for all types of uses ensure consistent quality and predictable framework for residential development. The Plan includes a provision for the Development Services Director to make minor modifications to the standards as long as the resulting neighborhood is in substantial conformance with the overall intent of the Ordinance. The applicant proposes to make several minor lot modifications to the BSMP residential development standards as follows:

These changes are considered minor, designed to fit the characteristics of this property, and should not generate any issues for the development of neighboring properties.

Availability of City services:

As this property is within the City limits, all City services will be extended to the property to serve future residents. Infrastructure is not currently in place for development to commence immediately. It is hoped that with the revisions made to the Newkom Ranch Development Agreement that were recently approved by the City Council, this will facilitate bringing needed infrastructure to allow development to commence. A full detail of the work necessary to allow development to commence can be found in the Planning Commission staff report included as an attachment to this report.

Development Agreement
The proposed Development Agreement that accompanies this subdivision is beneficial to both the developer and the City. The agreement provides the developer with an approved tentative subdivision map that has 10 years to allow infrastructure to be extended to allow development and the 10-year term may be extended upon mutual consent of both parties.

For the City, the Development Agreement’s public benefit is the developer will pay an additional neighborhood park development impact fee in the amount of $2,300 per multiple-family residence and $3,200 per single-family residence. This is in addition to the standard Park and Recreation development impact fee. This fee is subject to increase due to inflation, and will allow the City to provide more neighborhood parks throughout the City than would otherwise not be available.

Environmental Considerations:

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

Environmental Assessment 23-07 was prepared for this project with reliance on the previously adopted environmental impact report prepared for the BSMP. The list of identified mitigation measures relevant to this project were taken from the BSMP EIR. Staff has determined there is no evidence in the record the project will generate any new significant effects on the environment not previously discussed and analyzed in the BSMP EIR and recommends adoption of a mitigated negative declaration for the proposed development agreement. The findings of the mitigated negative declaration are that, with the relevant mitigations adopted from the BSMP EIR for Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Hazards and Hazardous Materials, Noise, Transportation/Traffic, Tribal Cultural Resources, and Utilities and Services, the proposed subdivision and development agreement will not create new significant impacts to the neighborhood or vicinity that were not previously addressed in the BSMP EIR. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.

A complete copy of Environmental Assessment 23-07 can be accessed on the City website at:
https://www.yubacity.net/cms/One.aspx?portalId=239258&pageId=18737559&action=viewf Yuba City Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.

Alternatives:

1. Deny the proposed Development Agreement associated with West Railroad Village Subdivision.

2. Provide staff with alternate direction.

Recommendations:

A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior Thiara for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road (Assessor’s Parcel Number 55-240-002) by title only and waive the first reading.

Attachments:

1. City Council Uncodified Ordinance

2. West Railroad Village Planning Commission Staff Report Packet, January 24, 2024 Prepared By: Submitted By:

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

1 ATTACHMENT 1

2 ORDINANCE NO.____________

AN UNCODIFIED ORDINANCE OF THE CITY OF YUBA CITY APPROVING A

DEVELOPMENT AGREEMENT FOR THE WEST RAILROAD VILLAGE TENTATIVE SUBDIVISION MAP (TSM 23-02) BETWEEN THE CITY OF YUBA CITY AND JUNIOR S. THIARA, AN INDIVIDUAL, TO DEVELOP 27 LOTS ON 4.8-ACRES LOCATED ON THE WEST SIDE OF RAILROAD AVENUE APPROXIMATELY 200 FEET SOUTH OF BOGUE ROAD; ASSESSORS PARCEL NUMBER 055-240-002
WHEREAS, Government Code Section 65864 et seq. 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, 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, the City received an application from Junior S. Thiara for TSM 23-02 to divide approximately 4.8 acres into 21 duplex lots and six single-family residential lots which would be at a density of approximately 10 residences per acre, and an associated Development Agreement (collectively “Project”). All of the new residential lots will be provided full City services; and WHEREAS, this property was recently annexed into Yuba City’s city limits and the property owner wished to develop their property to urban levels; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), with the City, as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 23-07 which was prepared for TSM 23- 02 and this Development Agreement, resulting in a determination of a Mitigated Negative Declaration (MND) prepared for the Project, which concluded that this Project, with new mitigations as well as mitigations from the previously approved EIR for the Bogue-Stewart Master Plan (BSMP), will not generate any new significant environmental impacts not previously considered and analyzed in the BSMP EIR; and
WHEREAS, a review of the General Plan, BSMP, and Zoning Regulations determined that the proposed subdivision and development agreement are consistent with all General Plan Elements and meets all policies and programs established by the BSMP and the Zoning Regulations; and
WHEREAS, on January 24, 2024, the Planning Commission conducted a duly noticed public hearing and considered Environmental Assessment (EA) 23-07 considering a Mitigated Negative Declaration (MND) prepared for the project, which provides mitigations that reduce potentially significant impacts to a less than significant level on TSM 23-02 and the Development Agreement. All interested parties were given an opportunity to be heard and present evidence regarding the proposed project, including the development agreement; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission adopted Resolution No. PC 24-01, approving TSM 23-02 contingent upon the City

3 Council adopting an uncodified ordinance approving the Development Agreement. Additionally, the Planning Commission adopted Resolution No. PC 24-02, recommending approval of a development agreement between Junior S. Thiara, an individual, and the City of Yuba City.

Additionally, the Planning Commission recommended the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

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 there is no substantial evidence in the record that TSM 23-02 and the associated Development Agreement may have a significant effect on the environment beyond what was considered and analyzed in the BogueStewart Master Plan (BSMP) EIR as identified by the MND prepared in Environmental Assessment 23-07. The City Council finds and determines that an environmental assessment/initial study was prepared for this Project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines and reflects the City Council’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations.

Preparation of Environmental Assessment 23-07 necessitated a thorough review of the proposed Project and relevant environmental issues and considered the previously prepared BSMP EIR. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgment and analysis the City Council finds that feasible mitigation measures or alternatives have been incorporated into the Project in order to avoid the effects to a point where clearly no significant effect on the environment will occur beyond those determined in the EIR prepared for the BSMP. The Project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the Project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect, or cumulative effects on the environment beyond those which were identified and analyzed in the BSMP EIR.

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

4. 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

4 and testimony provided in connection with the entitlements for the West Railroad Village 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 subdivision creating 21 duplex lots and six single-family residential lots is consistent with the land use pattern adopted as part of the BSMP. The Project’s overall density of approximately 10 residences per acre is consistent with the General Plan Land Use Element and BSMP that provides for a density range of 6-14 dwellings per acre for the Medium-Density Residential (MDR) land use designation.

Consistent with the General Plan and BSMP policies, this development will pay development impact fees to contribute to the City’s Park system. The proposed Project is consistent with the intent of the BSMP, and has designed residential streets with sidewalks, planting strips and traffic calming elements to create a pedestrian-friendly environment.
b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.

Evidence: This Project is consistent with the City’s General Plan goals and policies including the established density ranges for MDR designated land. The Project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed Project will be subject to compliance with BSMP R-2 development standards.

Overall, the Project proposed by the Development Agreement represents a productive use of site that will be compatible with surrounding anticipated future neighboring uses and offers Yuba City residents new residential opportunities that will support retail, entertainment, and employment uses in the City.
c. Water Supply Assessment.

Evidence: A water supply assessment required by California Government Code Section 66473.7 (a) (1) was prepared as part of the BSMP EIR and determined that between the use of water withdrawn from the Feather River and city operated wells, there will be a need for additional City water well(s) for which a mitigation measure is applied that requires all BSMP development to pay a fair-share towards the well’s cost. With implementation of that mitigation measure there will be an adequate long term water supply.

5. Approval of Development Agreement. For the foregoing reasons and based on the information contained in the Planning Commission and City Council staff reports, supporting documentation, minutes and other records of proceedings, all of which are incorporated herein by this reference, the City Council hereby adopts this ordinance and approves the proposed Development Agreement which is attached hereto as Exhibit “A” and incorporated herein by this reference.

5 6. 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.

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

8. Effective Date. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 5th day of March 2024, and adopted the Ordinance after the second reading at a regular meeting held on the day of _____, 2024, by the following roll call vote:

Ayes:

Noes:

Absent:

Recused:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:

6 ___________________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Development Agreement
I, ______________________________, City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

7 EXHIBIT A

A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF YUBA CITY AND JUNIOR S. THIARA, AN INDIVIDUAL, RELATIVE TO THE DEVELOPMENT KNOWN AS THE WEST RAILROAD VILLAGE SUBDIVISION, TSM 23-02

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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]

DEVELOPMENT AGREEMENT
by and between
JUNIOR S. THIARA
An Individual
and

CITY OF YUBA CITY
A General Law City
(West Railroad Village Development Agreement)

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DEVELOPMENT AGREEMENT
by and between
JUNIOR S. THIARA
An Individual
and

CITY OF YUBA CITY,
A General Law City
(West Railroad Village Development Agreement)
THIS DEVELOPMENT AGREEMENT dated _______________, 2024 (Effective Date), at Yuba City, California (hereinafter referred to as "Agreement"), is entered into by and between Junior S Thiara, a married man, as his sole and separate property (hereinafter referred to as "West Railroad Village Landowner,” “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 through 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. Landowner. The Landowner is Junior S. Thiara, a married man, as his sole and separate property.

D. Property. The subject of this Agreement is the development of that certain property commonly known as West Railroad Village, consisting of approximately

15.84 acres located in the County of Sutter, as described in Exhibit A-I and depicted in Exhibit A-2, attached hereto and incorporated herein by reference (referred to as "the Property”). Landowner owns 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 herein after referred to as (“BSMP”). The Property is located within the area that is part of the Bogue Stewart Master Plan.

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F. Project. The development of the Property is in accordance with the City's General Plan, as amended, and the Development Approvals shall be referred to herein as the "Project.”
G. The Mitigated Negative Declaration. The City examined the environmental effects of this Agreement and the Development Approvals in the Mitigated Negative Declaration (the "MND") (SCH No. 2024010060) prepared pursuant to the California Environmental Quality Act (CEQA). The City Council reviewed and certified the MND as adequate and complete as part of the approval of the Development Approvals.

H. Purposes. The Landowner and City desire to enter into an agreement for the purpose of implementing the plan for subdividing and development of West Railroad Village as set forth herein and Development Approvals and for mitigating the environmental impacts of such development as identified in the environmental document. 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 West Railroad Village pursuant to the proposed Tentative Subdivision Map 2023-002 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 and secure orderly development of the Property in accordance with the policies and goals set forth in the City's General Plan.

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.

I. Entitlements Needed Prior to the Development Agreement. The application for approval of this Agreement and the appropriate CEQA documentation required for approval of this Agreement, including:
• Tentative Subdivision Map 2023-002 (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 2023-07 (Certification of the Mitigated Negative Declaration).

The entitlements are collectively referred to as “Development Approvals.” J. Reserved.

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

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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. 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’s General Plan, as amended 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 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. The 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 through 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:

AGREEMENT

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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.

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 Planned Development, 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 Director of the Development Services Department.

1.2.5 Existing City Laws. The City Laws in effect as of the Effective Date of this 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.

1.2.9 Property. The Property is that property described and shown on Exhibits A-I and A-2. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property and the benefits

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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 shall commence on the Effective Date and terminate ten (10) years thereafter; provided, however, that the initial term may be extended, upon Developer’s application therefore and upon the mutual agreement of both parties, by an amendment to this Agreement and after approval by the City Council after first receiving a recommendation by the Planning Commission.

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 Bogue Stewart Master Plan, the tentative map and Certification of the EIR (SCH #2017012009) for the Bogue Stewart Master Plan. 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. 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 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

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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.

3.3 Other Government Permits. The Landowner or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project (such as public utility districts, Gilsizer County Drainage District, the U.S. Army Corps of Engineers, or Cal Trans) 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, 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.

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.

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.

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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 park 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.

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.

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.

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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;

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.

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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 at its 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, in accordance with the BSMP and consistent with the City's infrastructure Master Plans. 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. The developer may be entitled to fee credits as provided in Section 5.1.

4.2.1 Roads. Roads shall be constructed per the approved phased infrastructure improvement matrix per the Project conditions of approval, the BSMP, 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 plans.

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 BSMP. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

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

4.2.5 Neighborhood Park Impact Fee. 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

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Engineering News and Record Construction Index beginning January 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. 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

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.

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 6.1. 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.

4.6 Building and Site Design. Developer shall comply with the design intent in the City-wide adopted Design Guidelines.

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

5.1 Reimbursement to Developer for Oversizing

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5.1.1 Developer agrees the City may require Developer to construct certain on-site and off-site improvements in a manner that provides for oversize or excess capacity 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 5 of this Agreement.

5.1.2 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 a single five (5) year extension request. The extension request 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.

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

5.1.4 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.

5.2 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

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districts, and other similar project-related public financing mechanisms to fund the Project's necessary infrastructure.

5.3 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 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.

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.

6. Annual Review.

6.1 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 Section 6.

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 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.

6.2 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

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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 6.4 and Section 6.5.

6.3 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.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.2 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:

6.4.1 The time and place of the hearing;

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

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

6.5 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.

7. Permitted Delays.

7.1 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, 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

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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.

7.2 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.

8. Termination.

8.1 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 6.

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

8.2.1 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.

8.2.2 The Landowner is unable to complete the Project because of supersedure by a subsequent law per Section 7.2 or court action.

8.2.3 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.

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

8.4 Effect of Termination.

8.4.1 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

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affect any other City entitlement or approval with respect to the Property that has been granted prior to the date of termination.

8.5 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Estoppel Certificate. Either Party may, at any time, and from time-totime, 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 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

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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.

14. 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:

14.1 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.

14.2 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.

14.3 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.

14.4 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.

14.5 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 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

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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.
15 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:

15.1 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.

15.2 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 West Railroad Village 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.

15.3 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.

15.4 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.

15.5 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.

16. Covenants to Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants, and obligations contained in this

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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 8 of this Agreement.

17. Amendment.

17.1 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.

17.2 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.

18. Notices.

18.1 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.

18.2 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
With a copy to: City Manager

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City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Landowners: Junior S. Thiara
P.O. Box 3546
Yuba City, CA 95992
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 hand-delivered.

19. Indemnification.

19.1 Third Party Actions. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and immediately defend, with counsel of City’s choosing, 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: (a) challenges or contests any or all of this Agreement, the West Railroad Village Subdivision Map Applications and Approvals, or the Development Approvals; or (b) claims or alleges a violation 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 West Railroad Village 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.

19.2 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 19.1 shall be governed by this Section 19.2. 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

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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 off-site improvements unless and until such off-site 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.

This Section shall survive termination or expiration of this Agreement.

20. 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:

20.1 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 non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than

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$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.

20.2 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.

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

20.4 Employers Liability. 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 selfinsured retentions.

The above-described policies of insurance shall be endorsed to provide an unrestricted 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 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 ensure 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

West Railroad Village DA 23 | Page
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.

21. Miscellaneous.

21.1 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 therefore 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 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 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.

21.2 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

West Railroad Village DA 24 | Page
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.

21.3 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.

21.4 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.

21.5 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 Article, Section, and Subsection 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.

21.6 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.

21.7 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.

21.8 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.

West Railroad Village DA 25 | Page

21.9 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.

21.10 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.

21.11 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.

21.12 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-1: Property legal description
Exhibit A-2: West Railroad Village Subdivision
All attachments to this Agreement, including all exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.

21.13 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 postjudgment 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.

21.14 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 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.

21.15 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

West Railroad Village DA 26 | Page
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.

21.16 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.

21.17 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.

21.18 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.

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

21.20 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 ARE ON THE FOLLOWING PAGE]

West Railroad Village DA 27 | 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
Date:
"Landowner"
Junior S. Thiara,
an Individual
By:

Junior S. Thiara
Date:

Attest:

City Clerk
Approved as to Form:

Shannon Chaffin, City Attorney
Attachments:

A-1 Property Legal Description
A-2 West Railroad Village Subdivision Map

EXHIBIT A-1

PROPERTY LEGAL DESCRIPTION
28 THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, UNINCORPORATED AREA, DESCRIBED AS FOLLOWS:

PARCEL 1, AS SHOWN ON PARCEL MAP NO. 1011, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA, ON SEPTEMBER 5, 2002, IN BOOK 6 OF PARCEL MAPS, PAGE 91
PARCEL ONE (APN 055-240-002-000):

EXHIBIT A-2
WEST RAILROAD VILLAGE – TENTATIVE SUBDIVISION MAP
29

ATTACHMENT 2

CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: January 24, 2024
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation by: Doug Libby, AICP, Deputy Development Services Director Subject: Tentative Subdivision Map (TSM) 23-02: West Railroad Village and an associated Development Agreement (DA) located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road.

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

B. Adopt a Resolution of the Planning Commission of the City of Yuba City approving Environmental Assessment 23-07 by adopting a mitigated negative declaration, subject to the proposed Conditions of Approval and Mitigation Measures, and contingently approving TSM 23-02, West Railroad Village Subdivision, creating 21 duplex-residential lots and six single-family residential lots on approximately 4.8 acres, located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road. Assessor’s Parcel Number 055-240-002; and
C. Adopt a Resolution of the Planning Commission of Yuba City recommending the City Council of the City of Yuba City adopt a Resolution adopting Environmental Assessment 23-07 that resulted in a determination of a mitigated negative declaration for Tentative Subdivision Map (TSM) 23-02 West Railroad Village, and approving an Uncodified Ordinance for a Development Agreement for TSM 23-02, on approximately 4.8 acres, located on the west side of Railroad Avenue approximately 200 feet south of Bogue Road; Assessor’s Parcel Number 055-240-002.

Applicant/Owner Junior Thiara
Project Location: The 4.8 acres are located on the west side of Railroad Avenue approximately 200 feet south of Bogue Road. Assessor’s Parcel Number (APN) 055-240-002.

General Plan: The project is within the Medium-Low Density Residential (MDR) land use designation. This designation provides for a residential density of six to 14 residences per acre. The proposal will be approximately 10 residences per

Planning Commission
January 24, 2024
Item 6
2 acre.

Specific Plan: The property is within the Bogue-Stewart Master Plan (BSMP) (adopted as a specific plan), which also designates the property as MDR and applies the same residential density standard as the General Plan.

Zoning: The project is zoned Two-Family Residential Zone District combined with the Specific Plan Zone District (R-2/SP-BSMP).
____________________________________________________________________________ Project Description
Tentative Subdivision Map (TSM) 23-02, West Railroad Village, and a Development Agreement.

The subdivision proposes to subdivide the 4.8-acre property into 21 duplex lots and six singlefamily residential lots, for a total of 48 new residences. The site, which currently has an orchard on it, is located within the Bogue-Steward Master Plan (BSMP) area. The subdivision will be served by an internal loop street with two access points onto the property, both from Railroad Avenue. The property has full City services available to it.

The Development Agreement, which is required by BSMP policy, will extend the life of the tentative subdivision map for 10 years, with the potential for further extensions upon agreement of both parties. In return the developer will pay the City a $2,300 per multi-family unit and $3,200 single-family unit neighborhood park fee that would otherwise not be a requirement of the subdivision.

Background
The BSMP was adopted by the City Council in January 2020. The 741-acre specific plan addresses development of the BSMP area in three phases – Newkom Ranch (170 acres) and Kells East Ranch (95 acres) subdivisions make up the first two phases for which there are approved tentative subdivision maps. Phase 3 is the remaining 476 acres) consisting of many separately owned properties, including this 4.8-acres.

The first two phases, Newkom Ranch Subdivision, and the Kells East Ranch Subdivision, were approved by the City Council concurrently with the BSMP. This is noteworthy as the EIR prepared for the specific plan reviewed these two subdivisions at a project level (more detail so that further environmental review is not needed), versus for the remainder of the properties within the specific plan boundaries for which the EIR was prepared at a program level (less detailed). As a result, further environmental review is required of this project. An environmental assessment was prepared for this subdivision to determine if there are any environmental concerns beyond what was considered in the original BSMP EIR (a copy of the environmental assessment is attached).

Although not a requirement, the notion at the time was that Phases 1 and 2 would progress towards development before Phase 3. To staff’s knowledge the original two subdivisions have not progressed any further towards development. This is worth noting only because the BSMP requires that several detailed studies must occur, including utility plans describing how the entire BSMP acreage can be most efficiently provided with City services and how to spread those costs among various future developments that may occur. As such this project or other projects, or a combination of them, will need to prepare these studies.

Planning Commission
January 24, 2024
Item 6
3 Since adoption of the BSMP, Phases 1 and 2, as well as this and several other properties, were annexed into the City.

Analysis
Compatibility with neighboring uses:

TABLE 1: BORDERING LAND USES
On-site Orchard
North: Eight single story single-family residences
South: Agricultural land with a residence on it.

East: For a portion of the property there is a ranchette-sized lot with a two-story home on it. For the remainder the east property line is bordered by Railroad Avenue, with agricultural land across the street.

West: Orchard
The property is located in an area that contains many ranchette style homes, as well as properties that remain in agricultural use, typically as orchards. The adoption of the BSMP and annexation into the City enables the area to convert to urban/suburban uses over time, and agriculture uses will be phased out or will become a remnant use on the various ranchette sized properties.

Impacts on neighboring agricultural uses: Urban development is typically not very compatible with agricultural uses. Urban residents often do not appreciate living next to agricultural operations, which tend to be noisy, dusty, chemical spraying, etc. For this reason, most of Sutter County agricultural uses are protected from encroaching urban uses. The BSMP has policies requiring distance buffers between these uses – that is along the perimeter of the specific plan area. This plan boundary will become the agricultural/urban interface once the plan area is developed. But internally within the plan area, such as where this property is located, it is expected that all of the properties will eventually be urbanized, so no agricultural/urban interface buffers are necessary for this subdivision.

Impacts on neighboring single-family residences: There are eight single-story single-family residences along the north side of this property and one two-story ranchette style residence along the east side of the property (this project will be on three sides of the ranchette property).

Historically the City has been respectful of the encroachment of multiple-story residences next to existing single-story homes by limiting neighboring new homes to a single story. As has been the standard with other developments with similar issues, a condition has been included for the proposed new homes that will abut the existing residences. The new residences will be limited to single-story construction, or some residences may have a second story with no overlooking windows. The condition will apply to the proposed lots along the north side of the subdivision and around the single-family residence on the east side of the project.

BSMP Subdivision and Residential Development and Design Standards The BSMP contains specific development standards for subdivisions (parcel sizes, street widths, common landscaping, etc.). As proposed and with the requested conditions of approval, those standards will generally be met with a few very minor exceptions permitted by the plan that are

Planning Commission
January 24, 2024
Item 6
4 discussed below. The single-family residential design criteria will be applied as part of the building permit process as no specific residential construction is proposed at this time.

Variations to the BSMP Residential Development Standards The BSMP detailed development standards for all types of uses ensure consistent quality and predictable framework for residential development. The BSMP also has a provision for the Development Services Director to make minor modifications to the standards as long as the resulting neighborhood is in substantial conformance with the overall intent of the ordinance. The applicant proposes to make several minor lot modifications to the residential development standards provided in the BSMP. The proposed modifications are:

Proposed Revised BSMP R-2 Zoning Development Standards
Lots under 2,999 square feet Lots 3,000 square feet or greater Existing Proposed Existing Proposed
Minimum
front yard
12 feet 15 feet No change
Interior side
yard
3 feet 5 feet w/exceptions for
fireplace, media center
5 feet 5 feet
w/exceptions for
fireplace, media
center
Street side
yard (corner
lots)
10 feet but

18.5 feet for
garage
driveway
10 feet but 18.5 feet for
garage driveway
10 feet but 18.5 feet
for garage driveway
10 feet but 18.5
feet for garage
driveway
These proposed changes are considered minor, designed to fit the characteristics of this property, and should not generate any issues for the development of neighboring properties.

Affordable Housing
Due to the higher residential density range allowed by the MDR land use designation, the BSMP identifies this property as a potential site for affordable housing. There are no policies requiring this but due to the allowed density range of six-14 residences per acre, and the proposed duplex/single-family residential development that will be approximately 10 residences per acre, it is assumed that housing will be more affordable than typical single-family residential development that typically is at a density range of 3-5 residences per acre.

Streets/Traffic
The existing roadway system in this area was constructed years ago to serve the needs of the local farming community. Since that time many ranchette properties have been developed in the vicinity for which this rural road system still serves. With oncoming urban development, however, the existing street system will not be adequate to serve development of the Bogue-Stewart Master Plan area. The BSMP determined the need for a significantly enlarged backbone road system for the entire 741-acre area, consisting of two and four lane arterial and collector streets, as well as improvements to effected SR 99 intersections. All of these collector and arterial streets will be provided with pedestrian access, bike lanes and appropriate landscaping. Although each new

Planning Commission
January 24, 2024
Item 6
5 project within the BSMP will complete their on-site improvements to those planned streets, improvements to the portion of these streets not fronting on project properties and SR 99 intersection improvements will need to be made also. A review is needed to determine the fair share cost of those improvements that will be borne by all new BSMP related development.

Availability of City services:

As it is within the City limits, all City services are available to this property. But just as with the street improvements, the BSMP provides basic infrastructure layout for City water, sewer, and stormwater drainage systems. Also like the street system, these systems will be developed in phases over time. Development cannot occur until these services are designed and installed to a functioning level. There is no schedule when this will occur as it is demand driven.

In addition to the normal economic cycles that often dictate when a residential project can move forward, there is also more review needed before any projects within the BSMP area move forward. The BSMP is an entirely new part of the City, so the City’s infrastructure plans must be updated to include this new area. Also, as required by the BSMP environmental document, various environmental studies must also occur prior to developing the property. The additional information that is needed is summarized below:

Infrastructure Design and Cost
Traffic – As the BSMP is a new area to the City, the backbone street system must be built. As many of the impacted streets will be within the Plan area (Stewart, Bogue, Railroad, etc.) and some will be outside the Plan area (SR 99, Walton, etc.) cost of improving these streets and phasing of the construction to match the development pattern must be determined. The cost of expanding off-site streets and disaggregating the costs amongst new development is needed.

Water – Detailed review is needed to determine costs and disaggregating these costs and improvements amongst the various developable properties is needed.

Sewer – similar to the above – how to pay for trunk line extensions, etc.

Drainage – The BSMP includes a preliminary drainage system that will send drainage water to a proposed pond system within Phases I and 2 (and then to the Gilsizer system), or out to the existing drainage system to the east, but more detail is needed as to disaggregation of costs amongst all developable properties and phasing of the construction of the trunk lines.

Water well funding – BSMP EIR Mitigation Measure 3.15-1 requires that the BSMP area pay its fair share for a new City water well.

Parks – Within the BSMP’s 741 acres are approximately 84.6 acres of parkland and open space to be dedicated to the City. Much of this is within the first two phases - Newkom Ranch and Kells East Ranch subdivisions. Determination is needed as to the amount of reimbursement that will be needed from Phase 3 projects (including this project) in order to have all projects pay their fair share.

Planning Commission
January 24, 2024
Item 6
6 As these reviews are relevant to the entire BSMP area or in some cases only the Phase 3 area (476 acres of the 741-acre planning area), how and when these studies will be funded is undetermined.

Project Reviews (triggered by the BSMP EIR) that must be prepared for this property include Biological Resources and Cultural Resources.

Development Agreement
There is also a proposed Development Agreement that accompanies this subdivision which is beneficial to both the developer and the City. The agreement provides the developer with an approved tentative subdivision map that has 10 years to build with extensions if approved by both parties. As discussed above, there are numerous services that must have detailed plans prepared, development fees determined for fair-share participation by property owners/developers. Considering the time needed for preparation of these programs, and due to a smaller residential market size and always fluctuating market conditions, this time extension benefits the likelihood of this subdivision being built.

For the City the Development Agreement’s public benefit is that the developer will pay an additional neighborhood park fee in the amount of $2,300 per multiple-family residence and $3,200 per single-family residence. This will allow the City to provide more neighborhood parks throughout the City than would otherwise have been available.

Environmental Considerations:

The environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comments from other responsible and affected agencies and interested organizations.

Based upon the attached Environmental Assessment 23-07 with reliance on the previously prepared environmental impact report prepared for the BSMP, and the list of identified mitigation measures relevant to this project taken from the BSMP EIR, staff has determined that there is no evidence in the record that the project will generate any new significant effects on the environment not previously discussed and analyzed in the BSMP EIR, and recommends adoption of a mitigated negative declaration for this project. The findings of the mitigated negative declaration are that, with the relevant mitigations adopted from the BSMP EIR for Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Hazards and Hazardous Materials, Noise, Transportation/Traffic, Tribal Cultural Resources, and Utilities and Services, the proposed subdivision will not create any new significant impacts to the neighborhood or vicinity that were not previously addressed in the BSMP EIR. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.

Recommended Actions:

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

B. Adopt a Resolution of the Planning Commission of the City of Yuba City approving Environmental Assessment 23-07 by adopting a mitigated negative declaration, subject to

Planning Commission
January 24, 2024
Item 6
7 the proposed Conditions of Approval and Mitigation Measures, and contingently approving TSM 23-02, West Railroad Village Subdivision, creating 21 duplex-residential lots and six single-family residential lots, for a total of 48 new residences on approximately 4.8 acres, located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road. Assessor’s Parcel Number 055-240- 002; and
C. Adopt a Resolution of the Planning Commission of Yuba City recommending the City Council of the City of Yuba City adopt a Resolution adopting Environmental Assessment 23-07 that resulted in a determination of a mitigated negative declaration for Tentative Subdivision Map (TSM) 23-02 West Railroad Village, and approving an Uncodified Ordinance for a Development Agreement for TSM 23-02, on approximately 4.8 acres, located on the west side of Railroad Avenue approximately 200 feet south of Bogue Road; Assessor’s Parcel Number 055-240-002.

Attachments:

1. Location Map

2. Planning Commission Resolution PC 24-01
Exhibit A: Tentative Subdivision Map 23-02, West Railroad Village Exhibit B: Conditions of Approval and Mitigation Measures for TSM 23-02

3. Planning Commission Resolution PC 24-02
Exhibit A: West Railroad Village Draft Development Agreement

4. West Railroad Village Development Standards

5. Environmental Assessment 23-07, and the Mitigation Monitoring and Reporting Program

ATTACHMENT 1

BOGUE
R
AILR
O
A
D

JEFFREY
C
OLU
MB AI

SOUTHLAND

HASTINGS
TUSCAN
PA

CIF CI A

TRIDENT

CAMBRIDGE

MORRISON BEND
Project Site

ATTACHMENT 2

PC 24-01 1
PLANNING COMMISSION RESOLUTION NO. PC 24-01

RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) APPROVING ENVIRONMENTAL ASSESSMENT 23- 07 BY ADOPTING A MITIGATED NEGATIVE DECLARATION, SUBJECT TO THE

CONDITIONS OF APPROVAL AND MITIGATION MEASURES, AND
CONTINGENTLY APPROVING TENTATIVE SUBDIVISION MAP (TSM) 23-02, WEST RAILROAD VILLAGE SUBDIVISON, CREATING 21 DUPLEX RESIDENTIAL LOTS AND SIX SINGLE-FAMILY RESIDENTAL LOTS, FOR A TOTAL OF 48 NEW RESIDENCES ON APPROXIMATELY 4.8 ACRES, LOCATED ON THE WEST SIDE OF RAILROAD AVENUE APPROXIMATELY 200 FEET SOUTH OF BOGUE ROAD; ASSESSOR’S PARCEL NUMBER 055-240-002.

WHEREAS, the City received the TSM 23-02 application from Junior Thiara to subdivide the approximately 4.8-acre property that is located within the Bogue-Stewart Master Plan (BSMP).

TSM 23-02 would create 21 duplex residential lots and six single-family residential lots and an associated Development Agreement that would allow for 48 new residences, for an average density of approximately 10 residences per acre (“collectively “Project”); and WHEREAS, this property owner wished to develop their property to urban levels and the property is located within the Bogue-Stewart Master Plan (BSMP) and the property was recently annexed into the Yuba City city limits; and
WHEREAS, there is also requested a Development Agreement that accompanies the proposed subdivision, which must be approved by the City Council; and WHEREAS, pursuant to the authority and the criteria contained in the California Environmental Quality Act of 1970 (“CEQA”) with the City as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 23-07 which was prepared for this subdivision and Development Agreement (collectively “Project”) resulting in a determination of a Mitigated Negative Declaration (MND), which concluded that this Project will not generate any new significant environmental impacts beyond those considered in the BSMP EIR, and provided mitigations from the previously prepared EIR from the BSMP for which overriding considerations were made; and
WHEREAS, on January 4, 2024, the City sent to all responsible and trustee agencies and also published in the Appeal Democrat, a Notice of Intent to adopt a mitigated negative declaration and that no comments were received during the 20-day comment period; and WHEREAS, a review of the policies and programs in the BSMP as well as the General Plan and Zoning Regulations determined that the proposed TSM 23-02 and the associated Development Agreement was consistent with the BSMP, General Plan policies and programs, and the Zoning Regulations; and
WHEREAS, on January 24, 2024, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 23-02 and the associated Development Agreement, at which time it received input from City staff, the applicant, the public comment period was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and

PC 24-01 2
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project including those related to the application for TSM 23-02 and the Development Agreement, and all of the evidence received by the Planning Commission; and WHEREAS, the Planning Commission now desires to contingently approve TSM 23-02 such that no decision of approval of TSM 23-02 becomes final and effective until immediately after the City Council adopts the MND (EA 23-07) and approves the Development Agreement, and if no such approval occurs within 180 day of the adoption of this Resolution, then the Planning Commission intends TSM 23-02 be set for further consideration and a final decision by the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City resolves and orders as follows:

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

2. CEQA Finding. The Planning Commission finds and determines that there is no substantial evidence in the record that TSM 23-02 and the associated development agreement may have a significant effect on the environment beyond what was considered by the Bogue-Stewart Master Plan EIR as identified by the MND prepared in Environmental Assessment 23-07.

Additionally, the Planning Commission recommends that the City Council find and determine that an environmental assessment/initial study was prepared for this Project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines and reflects the City Council’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 23-07 necessitated a thorough review of the proposed Project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgement and analysis the Planning Commission finds that feasible mitigation measures or alternatives have been incorporated into the Project in order to avoid the effects to a point where clearly no significant effect on the environment will occur over and above those adverse impacts provided in the EIR prepared for the BSMP, and there is no substantial evidence in the record that this Project may have any further direct, indirect or cumulative effects on the environment that are potentially significant. The proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The Project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the Project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect, or cumulative effects on the environment beyond what was considered in the Bogue-Stewart Master Plan EIR. As such, the Planning Commission recommends the City Council also find and determine that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per Environmental Assessment 23-07.

3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission adopts the Mitigated Negative

PC 24-01 3
Declaration prepared for the Project, including the associated Mitigation Monitoring and Reporting Program, as the Project will not result in any significant, adverse environmental impacts beyond what was determined in the BSMP EIR with the mitigations proposed.

4. Subdivision Findings. None of the following findings required by Yuba City Municipal Code Section 8-2.609, and the California Subdivision Map Act Section 66474 that would require the City to deny approval of a tentative map apply to this Project:
a. The proposed tentative subdivision map is not consistent with the applicable general plan and specific plan:

Evidence: The subdivision is consistent with the general plan and the BSMP. The subdivision will create lots for duplexes and single-family residences. The 4.8-acre property is within the BSMP (adopted as a specific plan) as well as the Yuba City General Plan. The proposed 21 duplex lots and six single-family residential lots will have a density of approximately 10 residences per gross acre. This density is consistent with the Medium Density Residential BSMP and General Plan designations, both of which allow a density range of six to 14 residences per gross acre.

The Project fronts on Railroad Avenue, which is designated as a Collector street in the BSMP. The applicant will make their fair share improvements to its on-site portions of that street to the collector standard. The Traffic and Transportation portion of EIR prepared for the BSMP also calls for this and other developments to pay their fair share of street improvements to other general Plan level streets within the BSMP, including the SR 99/Bogue Road intersection, for which this Project will determine and pay their fair share for those street improvements. As such TSM 23-02 is consistent with the Transportation and Traffic Element of the General Plan and BSMP.

The proposed 48 new residences are consistent with Housing Element policies for new housing, especially the proposed 21 duplex lots that will be at a higher density, which is also encouraged by the Housing Element.

The analysis of the Project found that, with the conditions of approval and mitigation measures, it meets all of the standards for public services and utilities and complies with the infrastructure policies of the BSMP and the General plan.

As determined by the mitigated negative declaration prepared for the subdivision and accompanying development agreement, with the proposed mitigation measures, there are no significant impacts on agricultural land, biological resources, water quality, and air quality above what was considered by the BSMP EIR. Further, the Project will be paying development impact fees determined by the BSMP and City-wide development impact fees for its fair-share of parkland improvements. Thus, the Project is consistent with the Environmental Conservation Element of the General Plan. b. The design and improvement of the tentative subdivision map is not consistent with applicable general and specific plans or adopted City standards:

Evidence: The design and improvement of Tentative Subdivision Map 23-02 is consistent with the City’s general plan and the BSMP. As discussed in item “a” above, this project is consistent with the City’s General Plan goals and policies including the adopted density ranges for the MDR designated land. The proposed parcel sizes meet the BSMP minimum

PC 24-01 4
parcel size and other adopted development standards, with several minor development standard modifications approved by the Director and are therefore of adequate size and configuration to accommodate the residences that will be permitted on them. The subdivision will be improved with a local street that meets BSMP standards, make appropriate improvements to Railroad Avenue, and pay its fair share towards improving the overall street network determined in the BSMP. The Project will also pay its fair share towards local park improvements, school facilities and other City and Sutter County services.
c. That the site is not physically suited for the density of development:

Evidence: The project site is physically suited for the density of development. The site is level and will be served by the full range of City services. Each new lot will meet or exceed the minimum lot sizes required by the BSMP. The proposed subdivision was thoroughly analyzed and compared to the BSMP and the EIR that was prepared for the BSMP, determining that the proposed density of residential development was appropriate for this 4.80-acre site and is physically suited for the proposed development density. d. That the site is not physically suited for the type of development.

Evidence: The site is physically suited for TSM 23-02. The West Railroad Village Subdivision was thoroughly analyzed and compared to the BSMP, and all of the relevant environmental issues that were addressed in the EIR that was prepared for the BSMP, determining that the proposed development meets all adopted standards and requirements except for several minor modifications approved by the Development Services Director by a process that is consistent with BSMP policies, e. That the design of the subdivision maps or likely improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:

Evidence: The design of TSM 23-02 or its improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The mitigation measures within the BSMP EIR reduced most of the potentially significant impacts on biological resources to a less than significant level. Those mitigation measures are carried forward to this Project, thus not causing significant environmental damage and avoiding injury to fish or wildlife. There remains significant cumulative wildlife loss of habitat impacts for which overriding considerations were made by the City Council upon adoption of the BSMP EIR.
f. That the design of the subdivision maps or the type of improvements is likely to cause serious public health problems.

Evidence: TSM 23-02 is not likely to cause health problems. Every new residential lot will be connected to City water, sewer and storm drainage systems which will avoid public health problems.
g. That the design of the subdivision maps or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision:

PC 24-01 5
Evidence: TSM 23-02 will not conflict with any easements. The subdivision will be served by public streets that are dedicated to the City for public use and the parks and open spaces will be on land owned by the City. There is no use of private streets or other types of easements that the project would conflict with.

5. Flood Finding. There is adequate flood protection for the project as required by Title 6, Chapter 9, Article 6 of the Municipal Code.

Evidence: This proposal complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a). SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection. Additionally, the City has imposed conditions on the subdivision that will protect property within the area to the urban level in urban areas and urbanizing areas.

6. Contingent approval of TSM 23-02 with Conditions. Based on the aforementioned findings, the Planning Commission hereby approves TSM 23-02, West Railroad Village, as shown in Exhibit A, subject to the conditions of approval and mitigation measures set forth in Exhibit B attached hereto, which approvals are contingent upon the following:

The approval of TSM 23-02 shall become final and effective only after the City Council of the City of Yuba City i) adopts the Mitigated Negative Declaration (EA 23-07) and ii) approves the associated Development Agreement (collectively “Council Approvals”). If all of the Council Approvals are not made within 180 days of the adoption of this Resolution, then TSM 23-02 shall be returned to the Planning Commission for further consideration and a final decision. If Council Approvals are made within 180 days of the adoption of the Resolution, but any change is made by the Council to any of the Council Approvals in a manner that could reasonably affect the findings of the Planning Commission, or require a modification or addition of a condition of approval to be consistent with the Council Approval, then TSM 23-02 shall be returned to the Planning Commission for further consideration and a final decision.

7. Final Action and Appeals. This action shall become final 10 days after, and only upon, the Council Approvals including the MND and adoption of the Development Agreement, unless within such 10 days an appeal is filed with the City Clerk in accordance with the provisions of the Zoning Regulations.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on January 24, 2024, by Commissioner _______ who moved its adoption, which motion was seconded by Commissioner _______ and carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

PC 24-01 6
By order of the Planning Commission of the City of Yuba City. __________________________________
Jackie Sillman, Planning Commission Chair
ATTEST:
___________________________________________
Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: Tentative Subdivision Map 23-02 West Railroad Village Exhibit B: Conditions of Approval and Mitigation Measures for TSM 23-02

EXHIBIT A

UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG
UG
UG
113.8'
113.8'
113.8'
113.8'
113.8'
113.8'
113.8'
113.8'
113.8'
111.1'
119.0'
111.6'

50.0' 83.9' 105.8' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'

91.0'

50.0' 50.0' 50.0' 50.0' 50.0' 37.7'

50.0' 50.0' 50.0' 50.0'
8 9
10 11
11 10
9 8
12 13
14 15
7 6
5 4
2 1 7 6 5 4 3 2 1
3 16

64.0'

64.0' 74.7'

50.0' 50.0' 50.0'

77.2' 104.3'

15.3' 107.0' 64.0' 64.0' 64.0' 64.0' 64.0' 64.0' 64.0'

58.3'

HALPRIN RANCH DRIVE

SARBJIT WAY
THIARA WAY2 1

64.0' 52.3'
023-350-001

MURDOCK

JODHANI
055-240-003

KOURDONI
055-240-001
NEWKOM
055-240-006
023-350-002

FIGUEROA
023-350-003

BORROWER

WASHINGTON
023-350-004
023-350-010

JOHNSTON

JOHNSON
023-350-009
DYAL
023-350-006

JOHNSON
023-350-007

BOGUE ROAD

RAILROAD AVENUE

64.0' 64.0'

18.9'

61.5'

64.0' 64.0' 50.0'

70.2'

65.2'

63.8'
170.8'
170.9'

65.6' 64.4' 69.1'

80.3'

88.7'

58.2'

57.9'

85.0'

76.0'

78.3'

85.0'

56.4'

85.0'

64.0'

85.0'

64.0' 52.9'

85.0'

23.5'

85.0'

85.0'

85.0'

88.7'

64.0' 58.2' 64.0' 50.1' 87.1'
230.0'

7.9'

64.0' 64.0' 64.0' 47.4' 64.0' 64.0' 64.0'

73.4'

89.0'

89.0'

89.5'

91.4'

89.0'

89.0'

89.0'

82.0' 121.1'

80.2'

85.0'

85.0'

85.0'

85.0'

71.9' 64.0'

64.0'

64.0' 20.5'

29.4'

64.0' 50.0' 63.5' 891011 111098 121314 15 765
4 2 1 7 6 5 4 3 2 1
3 16

HALPRIN RANCH DRIVE

SARBJIT WAY
THIARA WAY2 1
023-350-001 MURDOCK

JODHANI
055-240-003

KOURDONI
055-240-001
NEWKOM
055-240-006
023-350-002 FIGUEROA
023-350-003 BORROWER

WASHINGTON
023-350-004
023-350-010

JOHNSTON

JOHNSON
023-350-009
DYAL
023-350-006
023-350-007

JOHNSON

BOGUE ROAD

RAILROAD AVENUE
0 15' 30' 60' 120'
LOT SUMMARY*
VILLAGE NO. 1 = 16 LOTS, 29 DU 2.98 AC 09.73 DU/ACVILLAGE NO. 2 = 11 LOTS, 19 DU 1.77 AC 10.73 DU/AC SUBTOTAL = 27 LOTS, 48 DU 4.75 AC 10.11 DU/AC
(RESIDENTIAL)
RAILROAD AVENUE 0.05 AC
SUBTOTAL = 0.05 AC
(ROADWAY)
TOTAL = 4.80 AC * VILLAGE NO. 1 HAS 13 DUPLEX LOTS AND 3 SINGLE FAMILY DETACHED HOMES FOR A TOTAL OF 29 DWELLING UNITS. * VILLAGE NO. 2 HAS 8 DUPLEX LOTS AND 3 SINGLE FAMILYDETACHED HOME FOR TOTAL OF 19 DWELLING UNITS.

LAND USE SUMMARY LEGAL DESCRIPTION (EXISTING PARCELS):

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF SUTTER, UNINCORPORATED AREA,
DESCRIBED AS FOLLOWS:

PARCEL 1, AS SHOWN ON PARCEL MAP NO. 1011, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY,CALIFORNIA, ON SEPTEMBER 5, 2002, IN BOOK 6 OF PARCEL MAPS, PAGE 91.APN: 055-240-002-000
Exp. 12-31-24
No. C52593
N
A
S
REGIS
T
M
E
R
NAES
STAT
ERED
P
CI V I . MI
OF C

OFES IA L RD A

LI FORN
IONAL
EN
GINEE
R
SCALE 1' = 30'

LOCATION MAP

FIRE PROTECTION

SERVICE AREA G - CITY OF YUBA CITY

FIRE DEPARTMENTLAW ENFORCEMENT

CITY OF YUBA CITY POLICE

SANITARY SEWER

CITY OF YUBA CITY PUBLIC WORKS

DOMESTIC WATER

CITY OF YUBA CITY PUBLIC WORKS

STORM DRAINAGE

CITY OF YUBA CITY PUBLIC WORKS

AND GILSIZER DRAINAGE DISTRICT

ELECTRICITY

PACIFIC GAS AND ELECTRICNATURAL GAS (OPTIONAL)PACIFIC GAS AND ELECTRIC

COMMUNICATION

AT&T AND COMCAST

CABLE (OPTIONAL)COMCAST

PROJECT NOTES
GENERAL NOTES:

1. SUBDIVIDER RESERVES THE RIGHT TO PHASE DEVELOPMENT AND FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION 66456.1 (A) OF THE SUBDIVISION MAP ACT. THIS PROJECT COULD BE 1 TO 3 PHASES.

2. A 12.0 FOOT PUBLIC UTILITY EASEMENT SHALL BE LOCATED PROVIDED ON ALL STREETS WITH 10 FEET BEHIND SIDEWALK AND

2.0 FEET LOCATED UNDER SIDEWALK. ADJACENT TO CUL-DE-SAC BULBS THE PUBLIC UTILITY EASEMENT SHALL BE 10 FEETBEHIND SIDEWALK UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER.

3. THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY, ACTUAL DIMENSIONS, ROAD ALIGNMENTS, ACREAGE, AND YIELDS ARE TO BE VERIFIED PRIOR TO FINAL MAP.

4. THIS IS AN APPLICATION FOR A TENTATIVE SUBDIVISION MAP.

5. VILLAGE NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT.

ULTIMATE DEVELOPMENT PHASING WILL BE ORDERLY AND WILL BE DETERMINED AT FINAL MAP AND/OR IMPROVEMENT PLAN STAGE. TWO POTENTIAL PHASES ARE SHOWN BUT DEVELOPER RESERVES RIGHT TO RECORD WITH MORE OR LESS.

6. ALL EXISTING STRUCTURES, SEPTIC TANKS, AND WELLS TO BE REMOVED OR DESTROYED PRIOR TO CONSTRUCTION.7. STREET TREES SHALL BE PLANTED PURSUANT TO CITY OF YUBA CITY STANDARDS. ADDITIONAL DETAIL SHALL BE PROVIDED ON THE IMPROVEMENT PLANS.

8. OWNERS, APPLICANT, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT. MHM INC, SEAN MINARD, IS THE ENGINEER AND SURVEYOR OF RECORD FOR THE TENTATIVE MAP.

EXISTING USE

ORCHARD

EXISTING GENERAL PLAN DESIGNATIONLOW-MEDIUM DENSITY RESIDENTIALPROPOSED GENERAL PLAN DESIGNATIONLOW-MEDIUM DENSITY RESIDENTIALEXISTING ZONING BSMP R-2

PROPOSED ZONING
BSMP R-2LEVEE PROTECTION
LEVEE DISTRICT NO. 1 OF SUTTER COUNTYELEMENTARTY SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

HIGH SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

IRRIGATION DISTRICT

NONE - INDIVIDUAL WATER WELLS
OWNER
JUNIOR THIARAPO BOX 3546
YUBA CITY, CA 95992
CONTACT: JUNIOR THIARA
PHONE: (530) 682-5861

APPLICANT
JUNIOR THIARAPO BOX 3546
YUBA CITY, CA 95992
CONTACT: JUNIOR THIARA
PHONE: (530) 682-5861ENGINEER/SURVEYORMHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: SEAN MINARD, P.E., P.L.S.

PHONE: (530) 742-6485
ASSESSOR'S PARCEL NO.APN 055-240-002 (4.80 AC)AREA OF TENTATIVE MAP

4.80 GROSS ACRE
SURVEYORS STATEMENT:

I HEREBY STATE THAT ALL EASEMENTS OF RECORD

ARE SHOWN AND LABELED PER PRELIMINARY
TITLE REPORT BY OLD REPUBLIC TITLE COMPANYORDER NUMBER 4211019682-JS DATED JUNE 24, 2022.

SEAN MINARD, P.E. 52593, P.L.S. 8397
TEL: 530.742.6485
FAX: 530.742.5639
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
ENGINEERS & SURVEYORS SINCE 1892
SUBMITTED JANUARY 9, 2023 REVISED DECEMBER 13, 2023

YUBA CITY, CALIFORNIA

TENTATIVE SUBDIVISION MAP
WEST RAILROAD VILLAGE - TSM 2023-002
2INDICATES PROPOSED PHASE CITY OF YUBA CITY APPROVAL:

THE CITY OF YUBA CITY PLANNING COMMISSION HAS CONSIDERED AND APPROVED RESOLUTION 24-0XX APPROVING TENTATIVE SUBDIVISION MAP NO. 2023-002 DURING THE PLANNING COMMISSION MEETING ON ______________, 2024. ______________________________________________ CITY OF YUBA CITY DATE:

SCALE 1' = 500'

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB
& GUTTER

19.0' ROADWAY

4.0' 2.5'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING
PL CL

NOT TO SCALE

HALPRIN RANCH DRIVE

SARBJIT WAY

THIARA WAY
A MINOR RESIDENTIAL - 38.0' R/W (DEATTACHED)

19.5'
PSE
DEATTACHED SIDEWALK OPTION. THEPLANTER STRIP SHALL ALSO BE USEDFOR STORM WATER MITIGATION.THERE IS A SECTION ON HALPRINRANCH DRIVE WHICH WILL BEATTACHED SIDEWALK TO AVOID CONFLICT WITH EXISTING WALL.

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB& GUTTER

19.0' ROADWAY

2.5' 4.0'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING

19.5'
PSE
PL
PUE SHALL BE A TOTAL OF 12 FEET
WITH 10 FEET BEHIND SIDEWALK
AND 2 FEET UNDERSIDEWALK.

RAILROAD AVENUEFRANKLIN ROAD

5.0' 2.5'

53.5' ROADWAY

BARRIER CURB
& GUTTER
TYPE "A" ASPHALT

30.0' @ 2%
CLASS 2 A.B.

CL

6.0'

12.0'

TURN LANEOR MEDIAN

12.0'
TRAVEL
LANE

8.0'

PARKING

SIDEWALK
MAJOR COLLECTOR - 107.0' R/W B NOT TO SCALE RAILROAD AVENUE

12.0'
PUE 2.5' 5.0'
TYPE "A" ASPHALT

30.0' @ 2%
CLASS 2 A.B.

6.0'
FUTURE 6'-8' SOUND WALL PL
(SOLID WALL)

SIDEWALK

53.5' ROADWAY (FUTURE)

ROLLED CURB
& GUTTER

IN AREAS ADJACENT TO MULTI-FAMILY AND COMMERCIAL, NO
SOLID WALL SHALL BE REQUIRED. THE PROPERTY LINE SHALL
BE LOCATED ONE-HALF (½) FOOT BEHIND CURB SIMILAR TOWEST SIDE OF ROADWAY.

NEWKOM RANCH

APPROVED RESIDENTIAL

SUBDIVISION
SR 99 (ONSTOTT ROAD)

BOGUE ROAD

KELLS EAST RANCH

APPROVED RESIDENTIAL

SUBDIVISION

BOGUE ROAD

RAILROAD AVENUE

PHILIPS ROAD

COLUMBIA DRIVE GARDEN HIGHWAY

SHANGHAI BEND ROAD

TUSCAN ROAD

12.0'
PUE

6.0'
BIKE
LANE

12.0'
TRAVEL
LANE

8.0'

PARKING

6.0'
BIKE
L LANE P 6' SOUND WALL (SOLID WALL)

FUTURE BUS

TURNOUT

RELOCATE UTILITYPOLE BEHIND CURB
WIDEN SIDEWALK TOPROVIDE 5 FOOT CLEAR

SPACE BEHIND UTILITY
POLE. PROTECT UTILITYPOLE IN-PLACE

ENTRANCE FEATURE SHALL
BE INCLUDE ON SOLIDWALL. WORDING SHALL BE
"WEST RAILROAD VILLAGE"

OR APPROVED MARKETING
NAME.

PORTION OF SIDEWALK

SHALL BE ATTACHED TO

AVOID CONFLICT WITH
EXISTING FENCING.

VILLAGE 1 - LOT 16 SHALL NOT REQUIRE A

SOLID WALL AND SIDEWALK SHALL BE

ATTACHED WITH WIDEN SECTION TO
AVOID CONFLICT WITH UTILITY POLE.

THE PROPERTY LINE SHALL BE LOCATED
ONE-HALF (½) FOOT BEHIND CURB.

VILLAGE 1 - LOT 1 THROUGH 7 AND VILALGE 2 - LOT 1AND 2 SHALL BE RESTRICTED TO SINGLE STORY OR TWO STORY WITH SECOND STORY WINDOWS BE 6
FEET ABOVE FLOOR MINIMUM OR TEXTUREWINDOWS WHICH ONLY ALLOW SUNLIGHT. (SECONDFLOOR VISUAL RESTRICTION) VILLAGE 1 - LOT 1 THROUGH 7 AND VILALGE 2 -
LOT 1 AND 2 SHALL BE RESTRICTED TO SINGLE

STORY OR TWO STORY WITH SECOND STORY
WINDOWS BE 6 FEET ABOVE FLOOR MINIMUM OR

TEXTURE WINDOWS WHICH ONLY ALLOW
SUNLIGHT. (SECOND FLOOR VISUAL RESTRICTION)