Yuba City City Council
June 18, 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
JUNE 18, 2024

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

CITY COUNCIL

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

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

AGENDA

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
JUNE 18, 2024
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Successor Agency to the Redevelopment Agency and 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_2J_An4_QRhejv2hr-sv07g. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the Successor Agency to the Redevelopment Agency and City Council prior to the meeting.

Please identify the Agenda item(s) addressed by the comments.

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

1. Yuba-Sutter Transit Presentation
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 of the June 4, 2024 Regular Meeting of the City Council Recommendation: Approve the minutes of the June 4, 2024 Regular Meeting of the City Council

4. General Municipal Election November 5, 2024
Recommendation: Adopt a Resolution calling and giving notice of the General Municipal Election to be held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, and City Treasurer; and authorizing the Mayor to enter into an agreement for election services with Sutter County

5. AED Purchase with National Opioid Settlement Funds
Recommendation: Adopt a Resolution which takes the following actions:

A. Approving the acceptance of $45,348 from Sutter County in relation to part of the City’s National Opioid Settlement for the purchase of (9) automated external defibrillators (AED) B. Authorizes the Finance Director to make the necessary supplemental appropriations to expend and receive the City’s portion of the National Opioid Settlement; $45,348 to 2310-63801 (expenditures) and $45,348 to 100-43840 (revenues)

6. Agreement for Purchase and Sale of Real Property Located at 265 Percy Avenue (APN 053-220-030) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
Recommendation: A. Adopt a Resolution rescinding Resolution No. 24-043 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund B. Adopt a Resolution authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $60,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to place sale proceeds in the General Fund

7. Agreement for Purchase and Sale of Real Property located at the northwest

corner of Percy Avenue and Plumas Boulevard (APN 053-194-013) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
Recommendation: A. Adopt a Resolution rescinding Resolution 24-042 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $67,500 to Gursharan Mann, and authorize the
Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
B. Adopt a Resolution authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $65,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan

8. SB 1 Road Maintenance and Rehabilitation Account Project List 2024-25 Recommendation: Adopt a Resolution adopting a list of projects for Fiscal Year 2024-25 to be funded by Senate Bill 1: Road Repair and
Accountability Act of 2017

9. Fiscal Year 24/25 Chemical Award
Recommendation: Adopt a Resolution:

A. Awarding bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 24/25 formal bid for the period of July 1, 2024 through June 30, 2025; and
B. Authorizing the City Manager to negotiate and amend the awarded contracts as needed during the fiscal year, including to adjust unit prices, with the finding that it is in the best interest of the City

10. Approve Tenant Commissioner Appointment to the Regional Housing Authority Recommendation: Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners

11. Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Resolution of Intent
Recommendation: A. Adopt the following Resolutions to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972:
• Resolution Approving Engineer's Reports Yuba City

Landscape Maintenance District No.1 and Yuba City
Lighting and Landscape Maintenance District No.2
• Resolution of Intention to Order Improvements, Yuba City Landscape Maintenance District No.1 and Yuba City
Lighting and Landscape Maintenance District No.2
B. Set a Public Hearing for July 2, 2024 at 6:00PM to establish assessments for Fiscal Year (FY) 2024-25

12. Yuba City Lighting and Landscape District Nos. 3-4 - Resolution of Intent Recommendation: A. Adopt the following Resolutions to Continue the Maintenance Districts, pursuant to the Landscaping and Lighting act of 1972:
• Resolution Approving Engineer's Reports, Yuba City
Lighting and Landscape Maintenance District Nos. 3 and
4 • Resolution of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance District Nos. 3 and
4 B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25

13. Yuba City Lighting and Landscape District Nos. 5-6 - Resolution of Intent Recommendation: A. Adopt the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972:
• Resolution Approving Engineer's Reports, Yuba City
Lighting and Landscape Maintenance District Nos. 5 and
6 • Resolution of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance Districts Nos. 5 and 6 B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25

14. Yuba City Residential Street Light Maintenance Districts - Resolution of Intent Recommendation: A. Adopt a Resolution Approving the Engineer’s Reports and Declaring Intention to Levy for Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25
Business Items

15. Pioneer Community Energy, a Community Choice Aggregator Recommendation: A. Receive a presentation on the services provided by Pioneer Community Energy, a Community Choice Aggregator, and
B. Authorize the City Manager to jointly commission an Impact

Assessment Study to determine the financial feasibility and timing of the City joining Pioneer Community Energy's Joint Exercise of Powers Agreement in conjunction with Sutter County

16. Adoption of the City of Yuba City’s Fiscal Year 2024-25 Operating and Capital Budgets and Fiscal Year 2024-25 Appropriations Limit
Recommendation: A. Adopt a Resolution approving the proposed Fiscal Year 2024- 25 Operating Budget
B. Adopt a Resolution approving the Fiscal Year 2024-25 Capital Improvement Program. Project Summaries by Funding Source are attached to the Resolution

C. Adopt a Resolution approving the City’s Appropriations Limit for Fiscal Year 2024-25

17. FY 2024-2025 Citywide Sole Source & Professional Services Purchases Recommendation: Adopt a Resolution pre-authorizing the City Manager or designee to enter into citywide sole source and professional service purchases from July 1, 2024, through June 30, 2025, for specified items based on each purchase recommendation being in the best interest of the City

18. Design Immunity Ordinance Update
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the first reading

19. 2024 Community Development Block Grant - Annual Action Plan Recommendation: A. Conduct a Public Hearing to receive comments on the 2024 Annual Action Plan and after consideration;
B. Adopt a Resolution approving the proposed 2024 Annual Action Plan and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing; and
C. Authorize the Finance Director to add budget appropriation for the grant revenue

20. Downtown Noise Ordinance Exception
Recommendation: Introduce by title only an Ordinance of the City Council of the City of Yuba City to promote business opportunities in the downtown area by amending section 4-17.20 of Chapter 17, Title 4 of the Yuba City Municipal Code and adopt an exemption under CEQA Guidelines Section 15061(b)(3) and waive the first reading

21. Citizens' Oversight Committee - Establish Tasks, Objectives, Composition, and Member Qualifications

Recommendation: Adopt a Resolution to establish the tasks, objectives, composition, and member qualifications for a Citizens' Oversight Committee should a potential revenue measure be successful Future Agenda Items

22. 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

23. City Manager's Report

24. City Council Reports
Adjournment

Presentation by:

Matt Mauk, Executive Director
Yuba-Sutter Transit

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: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of the June 4, 2024 Regular Meeting of the City Council Recommendation: Approve the minutes of the June 4, 2024 Regular Meeting of the City Council Fiscal Impact:

Attachments:

1. 06-04-2024 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
JUNE 4, 2024
6:00 P.M. REGULAR MEETING

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

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

Absent: None
Invocation/Inspiration
Ron Fortenberry, YCPD Chaplain
Pledge of Allegiance to the Flag
Councilmember Pasquale
Agenda Modifications
The Resolution for Item 5 was revised and distributed to Council prior to the meeting Public Communication

1. Appearance of Interested Citizens
No public comment
Consent Calendar
Vice-Mayor Shaw moved and Councilmember Pasquale seconded the motion to approve Consent Calendar items 2-5 [including the revised Resolution for Item 5]

2. Minutes of the May 21, 2024, Regular Meeting of the City Council Approve the minutes of the May 21, 2024 Regular Meeting of the City Council

3. Harter Estates North – Subdivision Agreement and Final Map Approval Adopt a Resolution approving the execution of a Subdivision Agreement with D.R. Horton CA2, Inc., a California corporation providing for public improvements associated with the Harter Estates North Subdivision Map, approving the Harter Estates North Final Map, accepting dedication of rightsof-way and easements shown thereon, and authorizing the filing of the map [Subdivision is located on the west side of the Harter Specific Plan Area, and south of Butte House Road]

4. Harter Parkway Corridor Improvement Project (Reject Bids) Adopt a Resolution with the following actions
A. Rejects all bids received for Contract No. 24-01, Harter Parkway Corridor Improvement Project, in accordance with Public Contract Code Section 22038(a)
B. Approves the modified plans and specifications and authorizes the Public Works Department to re-advertise for bids for Contract No. 24-01, Harter Parkway Corridor Improvement Project, in accordance with Public Contract Code Section 22038(a)(1)

5. Sale of 2761 Quail Pointe Drive
Adopt a Resolution that:

A. Authorizes the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 2761 Quail Pointe Drive (APN 061-012- 021), and all other necessary documents, in the amount of $20,000, in substantially the same material terms and conditions and subject to approval as to legal form by the City Attorney
B. Authorizes the Finance Director to place sale proceeds in the Water Fund The motion was passed unanimously
Business Items

6. Proposed Fiscal Year 2024-2025 Operating Budget and Capital Improvement Project Budget
Conducted a workshop to review the Proposed FY 24/25 Operating and Capital Improvement Project Budgets. City Council discussed and provided direction to staff
Future Agenda Items

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

8. City Manager's Report

9. 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 8:15 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: General Municipal Election November 5, 2024
Recommendation: Adopt a Resolution calling and giving notice of the General Municipal Election to be held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, and City Treasurer; and authorizing the Mayor to enter into an agreement for election services with Sutter County
Fiscal Impact: The cost for the 2022 election was $33,524.65. Election costs are expected to increase in 2024 due to the City Clerk/City Treasurer elections. A projected cost of $50,000.00 was included in the Proposed FY 2024-2025 Annual Budget (Account 1710-62722 City Clerk Elections)
Purpose:

To provide notice of the General Municipal Election to be held on November 5, 2024.

Background:

In accordance with the California Election Code and the City Municipal Code, the City of Yuba City is required to hold an election in conjunction with the Statewide General Election being held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, and City Treasurer.

Traditionally, the City has contracted with Sutter County to provide consolidated election services. An agreement is needed with Sutter County to reimburse for costs associated with the Municipal Election.

Sutter County would charge an estimated additional $1,000 to the City to handle the filing of nomination papers, candidate statements, etc. It would still be up to the City to ensure that candidate FPPC forms are posted on the City’s website and each candidate has turned in the required documents.

Analysis:

City Council Election (Districts 4 and 5)

The first day for signing nomination papers for the office of Councilmember will be Monday, July 15, 2024. The close of the nomination period shall be 2:00 p.m. on Friday, August 9, 2024. Should any incumbent not file nomination papers by the close of the nomination period, the voters of the City will have until 2:00 p.m. on Wednesday, August 14, 2024 to nominate candidates other than the incumbent to that office.

Candidates may file a “Statement of Qualifications” to be included within the sample ballot packet that is mailed to registered voters. All costs of printing and handling of the Statement of Qualifications, except mailing costs, shall be paid by the candidate. A deposit will be required to be made at the time of filing to cover anticipated costs, the amount of deposit will be determined by the Sutter County Elections Office. The Statement of Qualifications is limited to 200 words.

City Clerk and City Treasurer
Currently, the City Clerk and City Treasurer are elected at large in Yuba City, and therefore must reside in and be registered voters of the City. As a practical matter, these positions are largely ceremonial and may require City Staff to run for office. For example, virtually all of the work of City Clerk's office is performed by City staff (including attendance at all Council meetings), however, the City's Finance Director or designee may be required to run for the office of City Treasurer in order to conduct the City's financial business in that capacity.The nomination period and deadlines are the same as the City Council election noted above.

Fiscal Impact:

The cost for the 2022 election was $33,524.65. Election costs are expected to increase in 2024 due to the City Clerk/City Treasurer elections. A projected cost of $50,000.00 was included in the Proposed FY 2024-2025 Annual Budget (Account 1710-62722 City Clerk Elections).

Alternatives:

The City of Yuba City conducting “Stand Alone” elections is currently not feasible. Sutter County has the special equipment, software, personnel and training required to conduct elections, and provides good service to our voters.

Recommendation:

Adopt a Resolution calling and giving notice of the General Municipal Election to be held on Tuesday, November 5, 2024 for the election of two (2) City Councilmembers (Districts 4 and 5), City Clerk, and City Treasurer; and authorizing the Mayor to enter into an agreement for election services with Sutter County.

Attachments:

1. Resolution - 2024 Election

2. Notice of Election November 2024

3. Map - City Council Districts
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CALLING

AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 5, 2024 FOR THE ELECTION OF TWO (2) CITY COUNCILMEMBERS (DISTRICTS 4 & 5), CITY CLERK, AND CITY TREASURER AND

AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR ELECTION SERVICES

WITH SUTTER COUNTY
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024; and WHEREAS, it is the desire of the City Council of the City of Yuba City to consolidate the Municipal Election with the Statewide General Election to be held on November 5, 2024 for the purpose of electing two (2) Councilmembers, City Clerk and City Treasurer for full terms of four years.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED as follows:

Section 1. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County of Sutter to consolidate the City General Municipal Election with the Statewide General Election being held on Tuesday, November 5, 2024.

Section 2. That the Sutter County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and one form of ballot shall be used.

Section 3. That the Mayor is authorized to enter into an Agreement with Sutter County for the purpose of said election.

Section 4. The City Clerk is directed to forward a certified copy of this Resolution to the Board of Supervisors of Sutter County.

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 18th day June 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
Attachments:

1. Draft Notice of Election

2. Map - City Council Districts

ATTACHMENT 2

NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN that a General Municipal Election consolidated with the State-wide General Election will be held in the City of Yuba City on Tuesday, the 5th day of November, 2024 for the following offices all serving four-year terms:

City Councilmember – District 4
City Councilmember – District 5
City Clerk
City Treasurer
Vote-by-Mail Ballots will be mailed on October 7, 2024
November 5, 2024 polling locations will be open between the hours of 7:00 a.m. and 8:00 p.m.

Notice is further given that nomination papers for the above offices are available commencing Monday, July 15, 2024 at the City Clerk’s Office, City of Yuba City, 1201 Civic Center Blvd., Yuba City, CA 95993. Persons desiring nomination papers must contact the City Clerk’s Office for an appointment at (530) 822-4817 or [email protected] . Completed nomination papers must be filed with the City Clerk no later than 2:00 p.m., Friday, August 9, 2024. If nomination papers for an incumbent elective officer of the City are not filed by the aforementioned deadline, the voters shall have until 2:00 p.m. Wednesday, August 14, 2024 to nominate candidates other than the incumbent for such office.
/s/ Ciara Wakefield, Deputy City Clerk
City of Yuba City

ATTACHMENT 3

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

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Council Districts

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: AED Purchase with National Opioid Settlement Funds Recommendation: Adopt a Resolution which takes the following actions:

A. Approving the acceptance of $45,348 from Sutter County in relation to part of the City’s National Opioid Settlement for the purchase of (9) automated external defibrillators (AED)
B. Authorizes the Finance Director to make the necessary supplemental appropriations to expend and receive the City’s portion of the National Opioid Settlement; $45,348 to 2310-63801 (expenditures) and $45,348 to 100-43840 (revenues)
Fiscal Impact: There is no General Fund fiscal impact as the offsetting revenue will be received from Sutter County via DHCS
Purpose:

To accept additional funding from the National Opioid Settlement (California Subdivision Fund) to be used for AED.

Council's Strategic Goal:

This item supports the City Council priority of fiscal responsibility by bringing additional funding to the community to assist in the opioid crisis.

Background:

In 2022 and 2023, California Attorney General Bonta announced the final settlement agreements with prescription opioid manufacturers, pharmaceutical distributors, and pharmacy chains. California and its cities and counties are expected to receive up to $4.0 billion from the National Opioid Settlement Fund for substance use prevention, harm reduction, treatment, and recovery. These settlements mark the culmination of years of negotiations to resolve more than 3,000 opioid-related lawsuits and related investigations brought by state and local governments across the country. Payment timeframes vary by settlement and can last up to 18 years. Sutter County began receiving settlement funds in 2023.

Sutter County is also the administrator for funds awarded to the City of Yuba City.

The California Opioid Settlement Fund Distribution includes three separate Funds: California Abatement Fund (70%), the California Subdivision Fund (15%), and the California State Fund (15%).

Funds received from the opioid settlements are intended to be used toward opioid remediation. The National Opioid Settlement Agreements define “opioid remediation” as “care, treatment, and other programs and expenditures designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic.” Allowable uses are outlined in Exhibit E of the Settlement Agreement.

This item is the next step following the approved consent item from April 4, 2023, pertaining to the approval and authorization for the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements.

Analysis:

According to the Department of Health Care Services (DHCS), allocations from the California Subdivision Fund shall be used to fund future opioid remediation efforts and to reimburse past opioidrelated expenses. These allowable uses are broad and may include opioid remediation efforts not listed in Exhibit E but must still be used for opioid remediation. This may include the purchase of lifesaving medical equipment.

When first responders arrive at the scene of an overdose, there is a very limited window to administer naloxone (Narcan), a medication used for the emergency treatment of known or suspected opioid overdose. If personnel do not arrive in that limited window, the patient will go into cardiac arrest.

According to the American Heart Association, a person’s chance of survival drops by 7-10% every minute a normal heartbeat is not restored. Immediate cardiopulmonary resuscitation (CPR) and AED use can double or triple the chance of survival. AEDs deliver an electric shock through the chest to the heart to change the heart rhythm back to normal. Through a collaborative effort amongst the City of Yuba City and Sutter County, DHCS deemed the use of AEDs as an eligible expense.

The Fire department is requesting the purchase of (9) AEDs to assist with the treatment of patients in cardiac arrest from an opioid overdose. The cost of the AEDs is approximately $37,790; however, a contingency is included to address any price increases for a total of $45,348. The Fire department will follow City purchasing policy to secure the purchase of AEDs and Sutter County through Sutter-Yuba Behavioral Health (SYBH) will reimburse the City using National Opioid Settlement Funds. Sutter County approved this action at the 05/14/2024 board meeting.

Fiscal Impact:

There is no General Fund fiscal impact as the offsetting revenue will be received from Sutter County via DHCS.

Alternatives:

Decline the DHCS approved eligible use of National Opioid Settlements funds for the purchase of AEDs; however, this alternative is not recommended.

Recommendation:

Adopt a Resolution which takes the following actions:

A. Approving the acceptance of $45,348 from Sutter County in relation to part of the City’s National

Opioid Settlement for the purchase of (9) automated external defibrillators (AED).

B. Authorizes the Finance Director to make necessary supplemental appropriations to expend and receive the City’s portion of the National Opioid Settlement; $45,348 to 2310-63801 (expenditures) and $45,348 to 100-43840 (revenues).

Attachments:

1. Resolution

2. County Staff Report

3. BOS Agenda Item Approval
Prepared By: Submitted By:

Ethan Gutierrez
Accountant II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ACCEPTING THE DHCS APPROVED ELIGIBLE USE OF NATIONAL OPIOID SETTLEMENT

FUNDS FOR THE PURCHASE OF AED DEVICES
WHEREAS, on April 4, 2023, City Council approved and authorized the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlement; and
WHEREAS, the City received approval from the Department of Health Care Services (DHCS) through the Sutter County Board of Supervisors for the eligible use of funds toward the purchase of nine (9) AED devices related to opioid remediation efforts; and WHEREAS, the County of Sutter will provide reimbursement to the City for the purchase of nine (9) AED devices using National Opioid Settlement funds.

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

Authorizes the acceptance of $45,348 from County of Sutter in relation to part of the City’s National Opioid Settlement.

Authorizes the Finance Director to make the necessary supplemental appropriations to expend and receive the City’s portion of the National Opioid Settlement as reimbursement.

Accepts and authorizes the use of these funds for the purchase of nine (9) AED devices.

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 18th day of June, 2024.

AYES:

NOES:

ABSENT:

ATTEST:

Shon Harris, Mayor
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

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

ATTACHMENT 2

Agenda Date: May 28, 2024
Agenda Placement: CONSENT CALENDAR
Agenda Item MT# 6184

SUTTER COUNTY BOARD OF SUPERVISORS
Board Agenda Staff Report
To: Honorable Board of Supervisors
From: Sarah Eberhardt-Rios, Director of Health and Human Services Department: Health & Human Services
Subject: Approval of an adjustment to the Fiscal Year 2023-24 Adopted Budget increasing appropriations by $45,348 in the Behavioral Health Budget (BU 4-102) to reimburse the City of Yuba City for the purchase of nine (9) automated external defibrillators offset by use of National Opioid Settlement Funds (Fund 0277) (4/5 vote required) (BTV no. pending) (MT6184)
Recommendation:

It is recommended the Board of Supervisors approves an adjustment to the FY 2023-24 Adopted Budget increasing appropriations by $45,348 in the Behavioral Health Budget (4-102) to reimburse the City of Yuba City for the purchase of nine (9) automated external defibrillators offset by use of National Opioid Settlement Funds (Fund 0277).

Background:

In 2022 and 2023, California Attorney General Bonta announced the final settlement agreements with prescription opioid manufacturers, pharmaceutical distributors, and pharmacy chains. California and its cities and counties are expected to receive up to $4.0 billion from the National Opioid Settlement Fund for substance use prevention, harm reduction, treatment, and recovery. These settlements mark the culmination of years of negotiations to resolve more than 3,000 opioid-related lawsuits and related investigations brought by state and local governments across the country. Payment timeframes vary by settlement and can last up to eighteen (18) years. Sutter County began receiving settlement funds in 2023. Sutter County is the administrator for funds awarded to the City of Yuba City.

The California Opioid Settlement Fund Distribution includes three separate Funds: California Abatement Fund (70%), the California Subdivision Fund (15%), and the California State Fund (15%). Funds received from the opioid settlements are intended to be used toward opioid remediation. The National Opioid Settlement Agreements define “opioid remediation” as “care, treatment, and other programs and expenditures designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic”. According to the Department of Health Care Services (DHCS), allocations from the California Subdivision Fund shall be used to fund future opioid remediation efforts and to reimburse past opioid-related expenses. These allowable uses are broad but must be used for opioid remediation. This may include the purchase of life-saving medical equipment.

When First Responders arrive at the scene of an overdose, there is a very limited window to administer naloxone (Narcan), a medication used for the emergency treatment of known or suspected opioid overdose. If personnel do not arrive in that limited window, the patient will go into cardiac arrest. 7 Packet Pg. 101

According to the American Heart Association, a person’s chance of survival drops by 7-10% every minute a normal heartbeat is not restored. Immediate cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) use can double or triple the chance of survival. AEDs deliver an electric shock through the chest to the heart to change the heart rhythm back to normal.

The City of Yuba City is requesting the purchase of (9) AEDs to assist with the treatment of patients in cardiac arrest from an opioid overdose. The cost of the AEDs is approximately $37,790. The City of Yuba City will purchase the AEDs and Sutter-Yuba Behavioral Health (SYBH) will reimburse the City using National Opioid Settlement Funds (California Subdivision Fund). A budget adjustment is needed to increase appropriations in Behavioral Health Budget Unit 4-102 for the cost of the AEDs.

Prior Board Action:

This item has not been previously considered by the Board.

On May 23, 2023, the Board authorized the acceptance of National Opioid Settlement funds in the amount of $840,448 for Fiscal Year 2022-23 and the acceptance of subsequent National Opioid Settlement Funds through Fiscal Year 2040-41.

Board Alternatives:

The Board could decide not to approve the Budget Adjustment. Because the purchase requested by the City of Yuba City is an allowable use of the Settlement Funds, this alternative is not recommended.

Other Department and/or Agency Involvement:

The City of Yuba City provided cost estimates for the AEDs.

Action Following Approval:

The Auditor-Controller will complete the Budget Adjustment.

Fiscal Impact:

This request has no impact on the County General Fund. An adjustment to the Fiscal Year 2023-24 Adopted Budget in the amount of $45,348 is needed to increase appropriations in Behavioral Health Budget Unit 4-102, offset by use of National Opioid Settlement Funds (Fund 0277). A 20% contingency is included to address any price increases.

Countywide Goals and/or Top Priorities Compliance:

The item aligns with Countywide Goal D, to provide responsive and cost-effective social services (with measurable results) to an increasingly diverse and complex society.

Standing Committee Review:

On April 16, 2024, this item was reviewed by the Health and Welfare Committee and recommended for placement on the Board of Supervisors agenda as a Consent item.

Respectfully Submitted,
s/ Sarah Eberhardt-Rios
Director of Health and Human Services

Nicole Swanson
Nicole Swanson, Staff Analyst
Attachments:

1. Opioid Settlement AED BA
7 Packet Pg. 102

Budget Unit Appropriation Revenue
and Account Increase/ Increase/
Fund Department Account Name Number (Decrease)(Decrease) Reason for Amendment 0277 Opioid Settlement Fund Cancellation of Obligated F/B 0277 0000-000-49995 45,348 0277 Opioid Settlement Fund Operating Trans Out - BH 0277 0000-000-56207 45,348 0007 Behavioral Health Opearting Trans In-from BH 0007 4102-xxx-48607 45,348 0007 Behavioral Health Contribution to Other Agencies 0007 4102-xxx-53200 45,348 TOTAL ALL ADJUSTMENTS 90,696 90,696
To increase FY 23/24 appropriations for
Special Revenue Fund 0277 and request
a new program number in the operating
Fund 0007 Behavioral Health budget
unit. The Board approved to accept the
National Opioid Settlement funds on May
23, 2023.

7.a
Packet Pg. 103 Attachment: Opioid Settlement AED BA (6184 : Budget Adjustment National Opioid Settlement Funds for AED Purchase)

ATTACHMENT 3

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Agreement for Purchase and Sale of Real Property Located at 265 Percy Avenue (APN 053-220-030) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
Recommendation: A. Adopt a Resolution rescinding Resolution No. 24-043 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund B. Adopt a Resolution authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053- 220-030), and all other necessary documents, in the amount of $60,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to place sale proceeds in the General Fund Fiscal Impact: Sale Price - $60,000 plus savings associated with no longer maintaining the property
Purpose:

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

Council's Strategic Goal:

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

Background:
365 Percy Avenue is a 0.38-acre vacant parcel located at the northwest corner of Percy Avenue and Plumas Boulevard. On November 1, 2022, 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:

In August 2023, an appraisal was prepared by Owen & Associates Valuation, Inc., in which the appraised amount was $60,000. The City contracted with Coldwell Banker Commercial Valley Brokers (Coldwell Banker) to represent the City and place the property for sale for $60,000. Coldwell Banker received an offer from Gursharan Mann to purchase the Site "as is" for $62,500. On May 7, 2024, City Council adopted Resolution 24-043 authorizing the execution of an Agreement for Purchase and Sale of Real Property to Gurshuran Mann. When it was time to execute the Agreement, Mr. Mann opted not to proceed with the purchase of the property. Staff recommends rescinding Resolution 24-043.

Coldwell Banker received another offer from Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, for $60,000. Staff recommends selling the property for $60,000.

Fiscal Impact:

The proposed purchase price is $60,000 with net proceeds being less due to sales commission, title, and escrow fees. Upon transfer of the property, the net proceeds will be placed in the General Fund.

Alternatives:

Do not authorize the City Manager to sign the Agreement and provide direction for the disposition of the property.

Recommendation:

A. Adopt a Resolution rescinding Resolution No. 24-043 authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $62,500 to Gursharan Mann, and authorize the Finance Director to place sale proceeds in the General Fund.

B. Adopt a Resolution authorizing the City Manager to execute an Agreement for Purchase and Sale of Real Property located at 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $60,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to place sale proceeds in the General Fund.

Attachments:

1. Resolution - Rescind Resolution No. 24-043

2. Resolution -265 Percy Avenue

3. Exhibit A - Purchase and Sale Agreement - 265 Percy Avenue - APN 53-220-030 - Ruelas 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 RESCINDING RESOLUTION NO. 24-043 AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 265 PERCY AVENUE (APN 053-220-030), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $62,500 TO GURSHURAN MANN, AND AUTHORIZE

THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE GENERAL FUND WHEREAS, on May 7, 2024, the City Council of the City of Yuba City at a regular meeting adopted Resolution No. 24-043; and
WHEREAS, upon adoption of the Resolution, the potential buyer for 265 Percy Avenue, Gurshurun Mann, opted not to proceed with the purchase of the property.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby rescind Resolution No. 24-043.

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 18th day of June, 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

ATTACHMENT 2

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 265 PERCY AVENUE (APN 053-220-030), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $60,000 TO JUAN

PABLO RUELAS, JESUS ADAN RUELAS, AND REFUGIO MARTINEZ, AND AUTHORIZE

THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE GENERAL FUND WHEREAS, on November 1, 2022, the City Council declared 265 Percy Avenue to be 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 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 Valuation, Inc., and the appraised value is $60,000; and
WHEREAS, the City received an offer from Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, to purchase the property for $60,000 in “as is” condition; 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 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 265 Percy Avenue (APN 053-220-030), and all other necessary documents, in the amount of $60,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez.

2. The Finance Director is authorized to place sale proceeds in the General 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 18th day of June, 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 18th day of June, 2024 (“Agreement Date”) by and among Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez (the “Buyer”), City of Yuba City, a public agency (“Seller”) and PLACER 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 265 Percy Avenue in Yuba City, State of California (APN 53-220-030) 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 Placer Title Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with Ana Campos, escrow officer (“Escrow Officer”) at Placer Title Company, 1425 Butte House Road, Yuba City, [email protected], (530) 671-5040 (“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 Sixty Thousand Dollars ($60,00) (“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 twenty (20) 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

01248.0012/919634.1 4
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

01248.0012/919634.1 5
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 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.

7.2 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

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

7.4 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.

01248.0012/919634.1 6

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

7.6 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”):
(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.

01248.0012/919634.1 7
(c) Buyer is not in default of its obligations under this Agreement.

9. LIMITED REPRESENTATIONS AND WARRANTIES.

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

01248.0012/919634.1 8

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

10. ESCROW PROVISIONS.

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

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

10.3 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable. Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within sixty (60) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.

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

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

Seller shall pay documentary transfer taxes 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.

01248.0012/919634.1 9
b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs.

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

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

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

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

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

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

10.9 Brokerage Commissions. 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

01248.0012/919634.1 10

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: Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
318 Garden Highway
Yuba City, CA 95991
To Escrow Holder: Placer Title Company
1425 Butte House Road
Yuba City, CA 95993
Ana Campos, Senior 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

01248.0012/919634.1 11
other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

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

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

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

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

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

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

13.9 Exhibits. Exhibits A, 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.

01248.0012/919634.1 12
BUYER: SELLER:
__________________________
Juan Pablo Ruelas
__________________________
Jesus Adan Ruelas
__________________________
Refugio Martinez
Accepted and agreed to:

ESCROW HOLDER:

PLACER TITLE COMPANY
By: _________________________
Ana Campos, Escrow Officer
Dated: ________________, 2024

CITY OF YUBA CITY
By: _______________________________
Diana Langley, City Manager
_________________, 2024
ATTEST:
__________________________________
Ciara Wakefield, Deputy 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:

Lots 5 and 6, as shown on that certain Map entitled "Map of Rowe Tract," filed in the office of the County Recorder of Sutter County, California on July 12, 1948, in Book 8 of Surveys, Page

24. Also, all that portion of Lot 7, as shown on that certain Map entitled "Map of Rowe Tract ", filed in the office of the County Recorder of Sutter County, California on July 12, 1948 in Book 8 of Surveys Page 24, lying Southerly of the following described line:

Beginning at the Northeast corner of Lot 5 of said Rowe Tract; thence North 89° 32' 25" East, a distance of 67.221 feet to the Easterly line of said Lot 7 and the terminus of said line.

APN: 053-220-030

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Juan Pablo Ruelas, Jesus Adan Ruelas,
And Refugio Martinez
318 Garden Highway
Yuba City, CA 95991
____________________________________________________________________________

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF YUBA CITY, a public agency (“Grantor”), hereby grants to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez 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:
__________________________________
Ciara Wakefield, Deputy City Clerk
APN 053-220-030 (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:

Lots 5 and 6, as shown on that certain Map entitled "Map of Rowe Tract," filed in the office of the County Recorder of Sutter County, California on July 12, 1948, in Book 8 of Surveys, Page

24. Also, all that portion of Lot 7, as shown on that certain Map entitled "Map of Rowe Tract ", filed in the office of the County Recorder of Sutter County, California on July 12, 1948 in Book 8 of Surveys Page 24, lying Southerly of the following described line:

Beginning at the Northeast corner of Lot 5 of said Rowe Tract; thence North 89° 32' 25" East, a distance of 67.221 feet to the Easterly line of said Lot 7 and the terminus of said line.

APN: 053-220-030-000

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
____________________________________________________________________________

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
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
*See attached Exhibit “A”*
**Notary acknowledgment on next page**
CITY OF YUBA CITY, a public agency
By: _____________________________
Diana Langley
City Manager
ATTEST:
__________________________________
Ciara Wakefield, Deputy City Clerk
APN 053-220-030 (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:

Lots 5 and 6, as shown on that certain Map entitled "Map of Rowe Tract," filed in the office of the County Recorder of Sutter County, California on July 12, 1948, in Book 8 of Surveys, Page

24. Also, all that portion of Lot 7, as shown on that certain Map entitled "Map of Rowe Tract ", filed in the office of the County Recorder of Sutter County, California on July 12, 1948 in Book 8 of Surveys Page 24, lying Southerly of the following described line:

Beginning at the Northeast corner of Lot 5 of said Rowe Tract; thence North 89° 32' 25" East, a distance of 67.221 feet to the Easterly line of said Lot 7 and the terminus of said line.

APN: 053-220-030-000

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 7

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;Honorable Chairperson and Directors of the Successor Agency to the Redevelopment Agency of the City of Yuba City
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013) to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
Recommendation: A. Adopt a Resolution rescinding Resolution 24-042 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $67,500 to Gursharan Mann, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan B. Adopt a Resolution authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $65,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan Fiscal Impact: Sale Price - $67,500
Purpose:

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

Council’s Strategic Goal:

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

Background:

The northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013) is a 0.41-acre vacant parcel (Site), currently owned by the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency). Based on a 2011 California Supreme Court decision, all redevelopment agencies in California were dissolved as of February 1, 2012. As a result, all redevelopment agencies were required to dissolve and transfer any assets and liabilities to “Successor Agencies” that would bring to a close the redevelopment agencies’ business matters. On January 10, 2012, the City Council elected to become the Successor Agency, and in November 2014, the Site was transferred to the Successor Agency.

In 2015, a Long Range Property Management Plan was prepared by Fraser & Associates. The plan recommended the Site be sold for private development. On August 16, 2022, the City Council, acting as the Successor Agency, declared the Site to be surplus land and directed the City Manager to follow procedures set forth in the Surplus Land Act (SLA) for the sale of the property. 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:

In August 2023, an appraisal was prepared by Owen & Associates Valuation, Inc., in which the appraised amount was $65,000. The City contracted with Coldwell Banker Commercial Valley Brokers (Coldwell Banker) to represent the City and place the property for sale for $65,000. Coldwell Banker received an offer from Gursharan Mann to purchase the Site "as is" for $67,500. On May 7, 2024, City Council adopted Resolution 24-042 authorizing the execution of an Agreement for Purchase and Sale of Real Property to Gurshuran Mann. When it was time to execute the Agreement, Mr. Mann opted not to proceed with the purchase of the property. Staff recommends rescinding Resolution 24-042.

Coldwell Banker received another offer from Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, for $65,000. Staff recommends selling the property for $65,000.

Fiscal Impact:

The proposed purchase price is $65,000 with net proceeds being less due to sales commission, title, and escrow fees. Per the Long Range Property Management Plan, the City will remit the net proceeds to the Sutter County Auditor-Controller for distribution to the taxing agencies, of which the City will receive approximately 16% back.

Alternatives:

Do not authorize the City Manager to sign the Agreement and provide direction for the disposition of the property.

Recommendation:

A. Adopt a Resolution rescinding Resolution 24-042 authorizing the City Manager as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $67,500 to Gursharan Mann, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
B. Adopt a Resolution authorizing the City Manager as Executive Director to the Successor Agency to

the Redevelopment Agency of the City of Yuba City to execute an Agreement for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194- 013), and all other necessary documents, in the amount of $65,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
Attachments:

1. Resolution - Rescind Resolution No. 24-042

2. Resolution - Northwest Corner of Percy Avenue and Plumas Boulevard

3. Exhibit A - APN 53-194-013 Ruelas
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TO THE CITY OF YUBA CITY RESCINDING RESOLUTION NO. 24-042 AUTHORIZING THE

CITY MANAGER AS THE EXECUTIVE DIRECTOR TO THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF PERCY AVENUE AND PLUMAS BOULEVARD (APN 053-194-013), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $67,500 TO GURSHURAN MANN, AND AUTHORIZE

THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE GENERAL FUND WHEREAS, on May 7, 2024, the City Council of the City of Yuba City at a regular meeting adopted Resolution No. 24-042; and
WHEREAS, upon adoption of the Resolution, the potential buyer for the northwest corner of Percy Avenue and Plumas Boulevard, Gurshurun Mann, opted not to proceed with the purchase of the property.

NOW, THEREFORE, the City Council of the City of Yuba City does hereby rescind Resolution No. 24-042.

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 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Chair of Successor Agency
ATTEST:

Ciara Wakefield, Deputy Agency Secretary

APPROVED AS TO FORM

COUNSEL FOR SUCCESSOR AGENCY
________________________
Shannon Chaffin
Agency Counsel

ATTACHMENT 2

RESOLUTION NO.

RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF

THE CITY OF YUBA CITY AUTHORIZING THE CITY MANAGER AS THE EXECUTIVE

DIRECTOR TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE

CITY OF YUBA CITY TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE OF

REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF PERCY AVENUE AND PLUMAS BOULEVARD (APN 053-194-013), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $65,000 TO JUAN PABLO RUELAS, JESUS ADAN RUELAS, AND

REFUGIO MARTINEZ, AND AUTHORIZE THE FINANCE DIRECTOR TO REMIT THE

PROCEEDS TO THE SUTTER COUNTY AUDITOR-CONTROLLER FOR DISTRIBUTION TO

THE TAXING ENTITIES PER THE LONG RANGE PROPERTY MANAGEMENT PLAN WHEREAS, in January 2012, the City Council elected to become the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency); and WHEREAS, in November 2014, ownership of the Site was transferred by grant deed to the Successor Agency; and
WHEREAS, in 2015, a Long Range Property Management Plan was prepared by Fraser & Associates and recommended the Site be sold for private development; and WHEREAS, in August 2022, the Successor Agency declared the Site to be surplus and directed the City Manager/Executive Director to follow procedures set forth in the Surplus Land Act for the sale of the property; and
WHEREAS, 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 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 Valuation, Inc., and the appraised value is $65,000; and
WHEREAS, the City received an offer from Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez, to purchase the property for $65,000 in “as is” condition; and WHEREAS, staff recommends that the Successor Agency accept the offer and authorize the City Manager to execute an Agreement for Purchase and Sale; and WHEREAS, per the Long Range Property Management Plan, the net proceeds from the sale of the property are to be remitted to the Sutter County Auditor-Controller for distribution to the taxing agencies.

NOW, THEREFORE, the Successor Agency of the Yuba City Redevelopment Agency, California, does hereby resolve as follows:

1. The City Manager as the Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City is authorized to execute an Agreement

for Purchase and Sale of Real Property located at the northwest corner of Percy Avenue and Plumas Boulevard (APN 053-194-013), and all other necessary documents, in the amount of $65,000 to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez.

2. The Finance Director is authorized to remit the net proceeds to the Sutter County AuditorController.

The foregoing Resolution was duly and regularly introduced, passed and adopted by the Successor Agency to the Yuba City Redevelopment Agency, at a regular meeting thereof held on the 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Chair of Successor Agency
ATTEST:

Ciara Wakefield, Deputy Agency Secretary

APPROVED AS TO FORM

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

01248.0012/919634.1 1

EXHIBIT A

01248.0012/919634.1 2

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this 18th day of June, 2024 (“Agreement Date”) by and among Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez (the “Buyer”), City of Yuba City as Successor Agency to the former Redevelopment Agency of the City of Yuba City, a public agency (“Seller”) and PLACER TITLE COMPANY, a corporation (“Escrow Holder” and “Title Company”).

R E C I T A L S:

A. Seller owns those certain real property located at the northwest corner of Percy Avenue and Plumas Boulevard, Yuba City, State of California (APN 053-194-013) 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 Placer Title Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with Ana Campos, escrow officer (“Escrow Officer”) at Placer Title Company, 1425 Butte House Road, Yuba City, [email protected] (530) 671-5040 (“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 Sixty-Five Thousand Dollars ($65,000) (“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 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 twenty (20) days after Buyer has provided the Buyer's Due Diligence Approval Notice by the Outside Due Diligence Date (pursuant to Section 7), but no later than thirty (30) days after the Opening of Escrow (“Closing Date”) unless extended as evidenced by a writing signed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed is filed for recording by the Escrow Holder in the Office of the County Recorder of Sutter County, California.

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

01248.0012/919634.1 4

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

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

6. TITLE POLICY.

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

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

01248.0012/919634.1 5

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 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.

7.2 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

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

7.4 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 make reasonable efforts to expediate any and all investigations provided 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 make inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement and Buyer shall have the right to immediately terminate this Agreement and the escrow.

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

01248.0012/919634.1 6

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

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

To seek further information about possible transmission lines near the Property, you may contact your local gas utility or other pipeline operators in the area.

Contact information for pipeline operators is searchable by ZIP code and county on the NPMS Internet Web site.”

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

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

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

01248.0012/919634.1 7

9. LIMITED REPRESENTATIONS AND WARRANTIES.

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

01248.0012/919634.1 8
grounds to terminate this Agreement in Buyer’s sole discretion. If Buyer does not elect to terminate this Agreement, Buyer shall be deemed to have waived any such breach.

10. ESCROW PROVISIONS.

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

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

10.3 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable. Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within sixty (60) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.

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

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

01248.0012/919634.1 9
Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.

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

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

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

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

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

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

01248.0012/919634.1 10
REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE

SUM SPECIFIED ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A

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

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

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

To Seller: City of Yuba City as Successor Agency
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Diana Langley, Executive Director
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
Attn: Shannon Chaffin, Agency Counsel
To Buyer: Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez
318 Garden Highway
Yuba City, CA 95991
To Escrow Holder: Placer Title Company
1425 Butte House Road
Yuba City, CA 95993
Ana Campos, Senior 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

01248.0012/919634.1 11
Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

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

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

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

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

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

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

13.9 Exhibits. Exhibits A, B, and C 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 needs to be separately initialed by the parties.

01248.0012/919634.1 12
BUYER: SELLER:
__________________________
Juan Pablo Ruelas
__________________________
Jesus Adan Ruelas
__________________________
Refugio Martinez
Accepted and agreed to:

ESCROW HOLDER:

PLACER TITLE COMPANY
By: _________________________
Ana Campos, Escrow Officer
Dated: ________________, 2024

CITY OF YUBA CITY AS SUCCESSOR
AGENCY
By: _______________________________
Diana Langley, Executive Director
_________________, 2024
ATTEST:
__________________________________
Ciara Wakefield, Deputy Agency Secretary
APPROVED AS TO FORM:

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

01248.0012/919634.1 1

EXHIBIT A

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

All that portion of Lot 430 as shown on that certain map entitled “Ledford’s Subdivision No. 5” filed in the Office of the Sutter County Recorder on July 16, 1945 in Book 8 of Surveys, Page 4 and Percy Avenue, more particularly described as follows:

Commencing at the Northeasterly corner of said Lot 430, thence South 72° 40’ 00” West, along the Northerly line of said Lot 430 a distance of 49.41 feet to the Point of Beginning; thence from said Point of Beginning, and leaving said Northerly line of said Lot 430, run South 13° 32’ 29” West, a distance of 14.77, to the beginning of a curve, concave to the East, with a radius of 251.52 feel; thence along said curve to the left through an included angle of 05° 24’ 30”, 23.74 feet, to the beginning of a curve, concave to the West, with a radius of 198.88 feet; thence along said curve to the right through an included angle of 14° 12' 11”, 49.30 feet, to the beginning of a curve, concave to the West, with a radius of 199.00 feet; thence along said curve to the right through an included angle of 07° 24’ 09’ 25.71 feet, to the beginning of a curve, concave to the Northwest, with a radius of 47.95 feet; thence along said curve to the right, through an included angle of 46° 59’ 44” 39.33 feet, to the beginning of a curve, concave to the Southeast, with a radius of 87.67 feet; thence along said curve to the left through an included angle of 23° 59' 53”

36.72 feet, to the beginning of a curve, concave to the Northwest, with a radius of 106.75 feet; thence along said curve to the right through an included angle of 22° 21' 55", 41.67 feet, to the beginning of a curve, concave to the North, with a radius of 108.00 feet; thence along said curve to the right through an included angle of 06° 41' 23”, 12.61 feet, to the beginning of a curve, concave to the Northeast, with a radius of 23.00 feet; thence along said curve to the right through an included angle of 101° 28' 53" 40.73 feet, thence North 03° 16' 36" East, a distance of 71.74 feet; thence North 06° 18' 20 East, a distance of 20.23 feet to the Northerly line of said Lot 430, thence North 72° 40 00" East, along the Northerly line of said Lot 430 a distance of 173.03 feet to the Point of Beginning.

Except any portion thereof lying within Plumas Avenue and Percy Avenue as they presently exist
APN: 053-194-013

01248.0012/919634.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Juan Pablo Ruelas, Jesus Adan Ruelas,
And Refugio Martinez
318 Garden Highway
Yuba City, CA 95991
____________________________________________________________________________

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF YUBA CITY AS SUCCESSOR AGENCY to the former Redevelopment Agency of City of Yuba City, a public agency (“Grantor”), hereby grants to Juan Pablo Ruelas, Jesus Adan Ruelas, and Refugio Martinez 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 AS SUCCESSOR
AGENCY to the former Redevelopment
Agency of the City of Yuba City, a public
agency
By: _____________________________
Diana Langley,
Executive Director
ATTEST:
__________________________________
Ciara Wakefield, Deputy Agency Secretary
APN 053-194-013 (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:

All that portion of Lot 430 as shown on that certain map entitled “Ledford’s Subdivision No. 5” filed in the Office of the Sutter County Recorder on July 16, 1945 in Book 8 of Surveys, Page 4 and Percy Avenue, more particularly described as follows:

Commencing at the Northeasterly corner of said Lot 430, thence South 72° 40’ 00” West, along the Northerly line of said Lot 430 a distance of 49.41 feet to the Point of Beginning; thence from said Point of Beginning, and leaving said Northerly line of said Lot 430, run South 13° 32’ 29” West, a distance of 14.77, to the beginning of a curve, concave to the East, with a radius of 251.52 feel; thence along said curve to the left through an included angle of 05° 24’ 30”, 23.74 feet, to the beginning of a curve, concave to the West, with a radius of 198.88 feet; thence along said curve to the right through an included angle of 14° 12' 11”, 49.30 feet, to the beginning of a curve, concave to the West, with a radius of 199.00 feet; thence along said curve to the right through an included angle of 07° 24’ 09’ 25.71 feet, to the beginning of a curve, concave to the Northwest, with a radius of 47.95 feet; thence along said curve to the right, through an included angle of 46° 59’ 44” 39.33 feet, to the beginning of a curve, concave to the Southeast, with a radius of 87.67 feet; thence along said curve to the left through an included angle of 23° 59' 53”

36.72 feet, to the beginning of a curve, concave to the Northwest, with a radius of 106.75 feet; thence along said curve to the right through an included angle of 22° 21' 55", 41.67 feet, to the beginning of a curve, concave to the North, with a radius of 108.00 feet; thence along said curve to the right through an included angle of 06° 41' 23”, 12.61 feet, to the beginning of a curve, concave to the Northeast, with a radius of 23.00 feet; thence along said curve to the right through an included angle of 101° 28' 53" 40.73 feet, thence North 03° 16' 36" East, a distance of 71.74 feet; thence North 06° 18' 20 East, a distance of 20.23 feet to the Northerly line of said Lot 430, thence North 72° 40 00" East, along the Northerly line of said Lot 430 a distance of 173.03 feet to the Point of Beginning.

Except any portion thereof lying within Plumas Avenue and Percy Avenue as they presently exist
APN: 053-194-013

01248.0012/919634.1 1

STATE OF CALIFORNIA )
) ss.

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

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

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

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

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
____________________________________________________________________________

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
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.

APN 053-194-013-000 (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)

01248.0012/919634.1 3
GRANTOR:

DATED: _______________, 2024
*See attached Exhibit “A”*
**Notary acknowledgment on next page**

CITY OF YUBA CITY AS SUCCESSOR
AGENCY to the former Redevelopment
Agency of the City of Yuba City, a public
agency
By: _____________________________
Diana Langley
City Manager
ATTEST:
__________________________________
Ciara Wakefield, Deputy Agency Secretary
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:

All that portion of Lot 430 as shown on that certain map entitled “Ledford’s Subdivision No. 5” filed in the Office of the Sutter County Recorder on July 16, 1945 in Book 8 of Surveys, Page 4 and Percy Avenue, more particularly described as follows:

Commencing at the Northeasterly corner of said Lot 430, thence South 72° 40’ 00” West, along the Northerly line of said Lot 430 a distance of 49.41 feet to the Point of Beginning; thence from said Point of Beginning, and leaving said Northerly line of said Lot 430, run South 13° 32’ 29” West, a distance of 14.77, to the beginning of a curve, concave to the East, with a radius of 251.52 feel; thence along said curve to the left through an included angle of 05° 24’ 30”, 23.74 feet, to the beginning of a curve, concave to the West, with a radius of 198.88 feet; thence along said curve to the right through an included angle of 14° 12' 11”, 49.30 feet, to the beginning of a curve, concave to the West, with a radius of 199.00 feet; thence along said curve to the right through an included angle of 07° 24’ 09’ 25.71 feet, to the beginning of a curve, concave to the Northwest, with a radius of 47.95 feet; thence along said curve to the right, through an included angle of 46° 59’ 44” 39.33 feet, to the beginning of a curve, concave to the Southeast, with a radius of 87.67 feet; thence along said curve to the left through an included angle of 23° 59' 53”

36.72 feet, to the beginning of a curve, concave to the Northwest, with a radius of 106.75 feet; thence along said curve to the right through an included angle of 22° 21' 55", 41.67 feet, to the beginning of a curve, concave to the North, with a radius of 108.00 feet; thence along said curve to the right through an included angle of 06° 41' 23”, 12.61 feet, to the beginning of a curve, concave to the Northeast, with a radius of 23.00 feet; thence along said curve to the right through an included angle of 101° 28' 53" 40.73 feet, thence North 03° 16' 36" East, a distance of 71.74 feet; thence North 06° 18' 20 East, a distance of 20.23 feet to the Northerly line of said Lot 430, thence North 72° 40 00" East, along the Northerly line of said Lot 430 a distance of 173.03 feet to the Point of Beginning.

Except any portion thereof lying within Plumas Avenue and Percy Avenue as they presently exist
APN: 053-194-013

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 8

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: SB 1 Road Maintenance and Rehabilitation Account Project List 2024-25 Recommendation: Adopt a Resolution adopting a list of projects for Fiscal Year 2024-25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017 Fiscal Impact: $1,817,657 Estimated Revenue for Fiscal Year 2024-25 Purpose:

To maintain and improve roadway conditions throughout the City.

Council Strategic Goal:

Approving the 2024-25 SB1 Project List will ensure that the City receives SB1 funding for maintaining and repairing the City’s roadways in line with the City Council's strategic goals to maintain and improve infrastructure.

Background:

On April 28, 2017, Governor Brown signed the Road Repair and Accountability Act of 2017, known as Senate Bill 1 (SB1), increasing per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees with future inflationary adjustments for the purpose of addressing road maintenance, rehabilitation, and roadway safety needs. The State Controller will deposit portions of the new funding into the Road Maintenance and Rehabilitation Account (RMRA), which will be apportioned by formula to eligible cities and counties throughout the year. Funds were apportioned to cities and counties beginning in January 2018.

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs and, therefore, requires cities and counties to provide basic RMRA project reporting to the California Transportation Commission (CTC). Per the program’s requirements, jurisdictions are required to submit a project list to the CTC with locations, schedule, and estimated useful life of the project before they can receive RMRA funds. City Council has approved previous project lists since the inception of the SB1 funding in Fiscal Year 2017-18.

Analysis:

The City is required to submit an annual proposed project list to the CTC in July of each year in order to receive RMRA funds for the next fiscal year; once submitted, the City will continue to receive

apportionments monthly. The League of California Cities estimates that the City of Yuba City will receive approximately $1,817,657 of RMRA funds in Fiscal Year 2024-25. This is approximately $115,000 more than FY 2023-24 estimates. The City has received approximately $1,331,492 to-date for Fiscal Year 2023-24 in monthly apportionments.

The priority list is updated annually to meet the needs of the City in accordance with SB1 funding criteria. Per the CTC’s request, the City has limited the project list to include only projects that are planned for the next two fiscal years.

Public Works staff used the City’s pavement management program (StreetSaver), traffic volumes, existing conditions, and Council priorities to identify a list of arterial and collector streets for locations to utilize SB1 funding. The proposed project list (Attachment 2) is ranked by priority, but is not all-inclusive of the City’s needs; however, the RMRA program does not require that the projects be completed in any specific order, nor be limited to only SB1 funding.

Over the past few years, the City has been allowing the SB1 funds to build, so that major projects, such as the City-County Overlay Project, and the Walton Avenue Improvements Project have sufficient construction funding.

Fiscal Impact:

At this time, the City anticipates receiving an estimated $1,817,657 in RMRA funds in Fiscal Year 2024-

25. This is approximately $115,000 more than FY 2023-24 estimates. The funds are programmed for repair, rehabilitation, or maintenance of existing roadways within the City. The Fiscal Year 2024-25 funds will be deposited into dedicated CIP Account No. 1255 (Road Maintenance and Rehabilitation Account). Currently CIP Account No. 1255 has a balance of approximately $3,566,000.

Alternatives:

Direct staff to modify the existing project list by adding or removing projects.

Recommendation:

Adopt a Resolution adopting a list of projects for Fiscal Year 2024-25 to be funded by Senate Bill 1:

Road Repair and Accountability Act of 2017.

Attachments:

1. Attachment 1 -Resolution - SB 1 Road Maintenance and Rehabilitation Account Project List 2024-25

2. Attachment 2 - Proposed Project List SB1

3. Attachment 3 - Location Map
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ADOPTING A LIST OF PROPOSED PROJECTS FOR FISCAL YEAR
2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,817,657 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increased access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over 230 centerline miles of road and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety and complete streets infrastructure and use of cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2024-25 Road Maintenance and Rehabilitation Account Revenues:

Project Title Project Description Project Location
Estimated
Useful Life
(Years)
Project
Timeline
Harding Road
Improvements
Construction Funding: Road rehabilitation
and striping improvements.

Franklin Road to
Cherry Street
(City ROW)
20-30 2024
Vernon
Avenue
Improvements
Construction Funding: Road rehabilitation
and striping improvements.

Littlejohn Road
Intersection
(City ROW)
20-30 2024
South Walton
Avenue
Overlay
Construction Funding: Road rehabilitation
and striping improvements.
1980 S Walton
Avenue to
Southerly City Limit
20-30 2024
Bogue Road
Improvements
– SR99 East
Construction Funding: Road rehabilitation
and striping improvements.

SR-99 to Railroad
Avenue 20-30 2025

3. The following previously proposed and adopted projects may utilize fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery.

With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title Project Description Project
Location
Estimated
Useful Life
(Years)
Originally
Listed
Project
Timeline
Bogue Road
Improvements
Construction Funding: Road
rehabilitation and striping
improvements.

Sanborn
Road to
Walton
Avenue
(City ROW)
20-30 2023
May 2025-
November
2025
Butte House
Road
Improvements
Construction Funding: Road
rehabilitation and striping
improvements.

Tharp Road
to Gray
Avenue
20-30 2023
May 2025-
November
2025
Stabler Lane
Improvements
Construction Funding: Road
rehabilitation and striping
improvements.

Pease Road
to Tres Picos
Avenue
20-30 2023
May 2025-
November
2025
Walton
Avenue
Improvements
Construction Funding: Roadway
rehabilitation, signal upgrades,
pedestrian, and cyclist
improvements.

Sam’s Club to
Hazel Avenue 20-30 2020
April 2025 –
November
2025
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 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor

ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

ATTACHMENT 2

City of Yuba City
SB1 Proposed Project List FY 2024-25
Project Title Project Description Project
Location
Estimated
Useful
Life
(Years)
Anticipated
Year of
Construction
Bogue Road
Improvements
Construction Funding:

Road rehabilitation and
striping improvements.

Sanborn
Road to
Walton
Avenue
(City ROW)
20-30 2024
Harding Road
Improvements
Construction Funding:

Road rehabilitation and
striping improvements.

Franklin
Road to
Cherry
Street
(City ROW)
20-30 2024
Vernon
Avenue
Improvements
Construction Funding:

Road rehabilitation and
striping improvements.

Littlejohn
Road
Intersection
(City ROW)
20-30 2024
South Walton
Avenue
Overlay
Construction Funding:

Road rehabilitation and
striping improvements.
1980 S
Walton
Avenue to
Southerly
City Limit
20-30 2024
Bogue Road
Improvements
– SR99 East
Construction Funding:

Road rehabilitation and
striping improvements.

SR-99 to
Railroad
Avenue
20-30 2025
Butte House
Road
Improvements
Construction Funding:

Road rehabilitation and
striping improvements.

Tharp
Road to
Gray
Avenue
20-30 2025
Stabler Lane
Improvements
Construction Funding:

Road rehabilitation and
striping improvements.

Pease
Road to
Tres Picos
Avenue
20-30 2025
Walton
Avenue
Improvements
Construction Funding:

Roadway rehabilitation,
signal upgrades,
pedestrian, and cyclist
improvements.

Sam’s Club
to Hazel
Avenue
20-30 2025

ATTACHMENT 3

CITY OF YUBA CITY LOCATION MAP - PROPOSED PROJECT LIST SB1 ROAD MAINTENANCE AND REHABILITATION0 3,250' 6,500' SCALE: 1" = 3,250' LINCOLN RD FRANKLIN AVE BRIDGE ST STATE ROUTE 99

GARDEN HWY

RAILROAD AVE
WALTON AVE WALTON AVE RICHLAND RD STATE ROUTE 20 BUTTE HOUSE RD

STABLER LN

THARP RD

HARTER PKWY

BLEVIN RD HAZEL AVE LASSEN BLVD

HARDING RD BOGUE RD TRES PICOS DR PEASE RD

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Fiscal Year 24/25 Chemical Award
Recommendation: Adopt a Resolution:

A. Awarding bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 24/25 formal bid for the period of July 1, 2024 through June 30, 2025; and
B. Authorizing the City Manager to negotiate and amend the awarded contracts as needed during the fiscal year, including to adjust unit prices, with the finding that it is in the best interest of the City
Fiscal Impact: $391,000 – Water Treatment Plant
$190,000 – Acct. No. 7120-63702 (Chlorine)
$150,000 – Acct. No. 7120-63703 (Alum)
$45,000 – Acct. No. 7120-63708 (Fluoride)
$6,000 – Acct. No. 7120-63714 (Citric Acid)

$660,000 – Wastewater Treatment Facility
$500,000 – Acct. No. 8120-63702 (Chlorine)
$160,000 – Acct. No. 8120-63731 (Sodium Bisulfite)
$49,000 – Gauche Aquatic Park Acct. No. 5130-63701 (Chemicals) Balances are based on projected need. The actual costs will vary based upon usage.

Purpose:

To cost-effectively provide the essential chemicals for the water and wastewater treatment processes and operation of the Gauche Aquatic Park (GAP).

Council’s Strategic Goals:

This item supports Council’s Strategic Goals of Fiscal Responsibility and Infrastructure by ensuring the safe operation of water, wastewater, and recreation services through responsible procurement of materials and supplies.

Background:

The treatment processes at the City’s Water Treatment Plant (WTP) and Wastewater Treatment Facility (WWTF) and the maintenance of the GAP facility require a number of chemicals purchased in bulk. In order to provide the most cost savings and purchasing efficiencies, the City has primarily utilized two avenues for obtaining annual contracts for the chemical supply and delivery. These options are a Cityrun formal bid and the Bay Area Chemical Consortium (BACC) annual bid.

In 2016, the City joined the BACC for the purchase of bulk chemicals. The BACC is a group of over sixty (60) municipalities and water agencies which consolidate all chemical purchases into one shared formal bid to leverage economy of scale for better pricing and facilitation with these large chemical companies.

Analysis:

The City uses six (6) of the chemicals bid by the BACC, as listed below. The recommended awardees and base unit prices for Fiscal Year 24/25 per the annual BACC bid are as follows:

Aluminum Sulfate
Chemtrade Chemicals US LLC $.8403 /gallon
Parsippany, NJ
Citric Acid
Brenntag Pacific, Inc. $11.15 /gallon
Santa Fe Springs, CA
Hydrofluosilicic Acid
Pencco, Inc. $2.94 /gallon
San Felipe, TX
Liquid Chlorine
Thatcher Company of California, Inc. $2,749.00 /ton
Salt Lake City, UT
Sodium Bisulfite (40%)
Thatcher Company of California, Inc. $2.74 /gallon
Salt Lake City, UT
Sodium Hypochlorite (12.5%)
Pioneer Americas LLC (Olin Corporation) $3.25 /gallon
Cleveland, TN
Individual contracts will also include any required taxes, delivery, and other fees as indicated in their BACC bid specifications.

On June 6, 2023, City Council awarded two (2) chemical contracts from Formal Bid 23-02 and one (1) sole-source chemical contract to fulfill the remaining bulk chemical needs. Fiscal Year 24/25 will be the first of the three (3) yearly extensions approved by Council as part of those contract terms.

Fiscal Impact:

Funding for these bulk chemical purchases is annually budgeted in the Water, Wastewater, and GAP

operating budgets. The Fiscal Year 24/25 proposed budget amounts for these chemicals are as follows:

Facility Account Title Estimated Amount
WTP CHLORINE $190,000
WTP ALUMINUM SULFATE $150,000
WTP FLUORIDE $45,000
WTP CITRIC ACID $6,000
WWTF CHLORINE $500,000
WWTF SODIUM BISULFITE $160,000
GAP SODIUM HYPOCHLORITE $49,000
The total chemical expenditures for the fiscal year are estimated at $1,100,000; however, chemical needs are variable during the treatment process due to water quality, weather, and other mitigating factors and subsequent usage can only be estimated.

Alternatives:

Direct staff to conduct a formal bid for the subject chemicals, rather than utilizing the BACC bid results.

This is unlikely to result in any cost savings, as negotiating in bulk via the BACC helps to secure lower rates from vendors.

Recommendation:

Adopt a Resolution:

A. Awarding bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 24/25 formal bid for the period of July 1, 2024 through June 30, 2025, and
B. Authorizing the City Manager to negotiate and amend the awarded contracts as needed during the fiscal year, including to adjust unit prices, with the finding that it is in the best interest of the City.

Attachments:

1. FY 24-25 Chemical Award - Resolution
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING FISCAL YEAR 24/25 BULK CHEMICAL PURCHASE CONTRACTS TO BAY AREA CHEMICAL

CONSORTIUM LOW BIDDERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID CONTRACTS
WHEREAS, the City of Yuba City joined the Bay Area Chemical Consortium (BACC) in order to acquire bids for six (6) of the City of Yuba City’s Fiscal Year 24/25 chemical procurement needs; and
WHEREAS, in response to the BACC’s advertisement, the City received the bids for BACC Fiscal Year 24/25 in the total base bid amounts listed herein; and WHEREAS, the City Public Works Department has reviewed the bids, examined the low bidders and their bid responses, and found them to be both the lowest qualified responsive and responsible bidders, as listed below:

Aluminum Sulfate
Chemtrade Chemicals US LLC $.8403 /gallon
Parsippany, NJ
Citric Acid
Brenntag Pacific, Inc. $11.15 /gallon
Santa Fe Springs, CA
Hydrofluosilicic Acid
Pencco, Inc. $2.94 /gallon
San Felipe, TX
Liquid Chlorine
Thatcher Company of California, Inc. $2,749.00 /ton
Salt Lake City, UT
Sodium Bisulfite (40%)
Thatcher Company of California, Inc. $2.74 /gallon
Salt Lake City, UT
Sodium Hypochlorite (12.5%)
Pioneer Americas LLC (Olin Corporation) $3.25 /gallon
Cleveland, TN
, and has recommended them for award of these contracts; and WHEREAS, the City desires to award the bids to the above low bidders and enter into a agreements with said vendors to provide bulk chemicals to the City’s Water Treatment Plant, Wastewater Treatment Facility, and Gauche Aquatic Park throughout Fiscal Year 24/25.

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

1. The City Council of the City of Yuba City does hereby accept the bids received by the Bay Area Chemical Consortium as listed herein, identifies the lowest responsive and responsible bidders as noted above, and awards bulk chemical purchase contracts for City facilities per the results of the Bay Area Chemical Consortium Fiscal Year 24/25 formal bid for the period of July 1, 2024 through June 30, 2025 as follows:

Aluminum Sulfate
Chemtrade Chemicals US LLC $.8403 /gallon
Parsippany, NJ
Citric Acid
Brenntag Pacific, Inc. $11.15 /gallon
Santa Fe Springs, CA
Hydrofluosilicic Acid
Pencco, Inc. $2.94 /gallon
San Felipe, TX
Liquid Chlorine
Thatcher Company of California, Inc. $2,749.00 /ton
Salt Lake City, UT
Sodium Bisulfite (40%)
Thatcher Company of California, Inc. $2.74 /gallon
Salt Lake City, UT
Sodium Hypochlorite (12.5%)
Pioneer Americas LLC (Olin Corporation) $3.25 /gallon
Cleveland, TN
The City Manager is authorized to enter into agreements on behalf of the City of Yuba City for the same, subject to review as to legal form by the City Attorney.

2. The City Manager is authorized to negotiate and amend these agreements as needed during the fiscal year, including to adjust unit prices.

3. The City Council finds that the award of each of these bids is in the best interest of the City.

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 18th day of June 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Approve Tenant Commissioner Appointment to the Regional Housing Authority Recommendation: Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners Fiscal Impact: None
Purpose:

Approval of Regional Housing Authority Tenant Commissioner Appointment.

Background:

Per the Agreement with the Regional Housing Authority of Sutter and Nevada Counties, each Governing Body shall jointly appoint a Tennant Commissioner, per Section 34246.5 of the California Health & Safety Code. At their meeting on May 15, 2024, the Regional Housing authority approved the recommendation to reappoint Suzanne Gallaty as the Tenant Commissioner on the Board of Commissioners for a two-year term.

Analysis:

A request for approval of the recommended appointment to the Board of Directors has been received from the Regional Housing Authority for the Tenant Commissioner. This recommendation is compliant with the Agreement creating the Regional Housing Authority of Sutter and Nevada Counties. Each Governing Body also appoints two Commissioners: the City of Yuba City citizen representative, Anthony Kurlan, was appointed by the City Council on September 15, 2020 and the City Council representative is Councilmember Boomgaarden.

Fiscal Impact:

None.

Alternatives:

Do not approve and request that the Regional Housing Authority recruit for an alternative Tenant Commissioner.

Recommendation:

Approve the re-appointment of Suzanne Gallaty as the Tenant Commissioner to the Regional Authority of Sutter and Nevada Counties Board of Commissioners.

Attachments:

1. RHA - Tenant Commissioner Recommendation 06.03.24
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Landscape District No. 1 and Yuba City Lighting and Landscape District No. 2 - Resolution of Intent
Recommendation: A. Adopt the following Resolutions to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972:
• Resolution Approving Engineer's Reports Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2
• Resolution of Intention to Order Improvements, Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2
B. Set a Public Hearing for July 2, 2024 at 6:00PM to establish assessments for Fiscal Year (FY) 2024-25
Fiscal Impact: Receipt of assessments and expenditure of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

To continue to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Landscape Maintenance District No. 1 (LLMD 1) and Yuba City Lighting and Landscape Maintenance District No. 2 (LLMD 2) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD No. 1 and LLMD No. 2 will ensure that street lighting, landscaping, and other items included in the Districts are maintained and in operation.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in LLMD 1 and LLMD 2 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed.

LLMD 1 includes the Stabler Lane area (Zone of Benefit A) and Garden Highway Area (Zones of Benefit B, B_1, and B_2). Zones of Benefit A and B do not have provisions for a cost of living adjustment (COLA) and have historically been charged the maximum levy allowed in order to cover their annual expenses. Zones B_1 and B_2 are recently formed zones of benefit and do have provisions for a COLA which is based on the Consumer Price Index from January to January. LLMD 2 (Town Square Area) also has provisions for COLA.

Analysis:

The Engineer's Annual Reports have been prepared and are on file in the City Clerk's office. They describe each District, the improvements therein, the method of assessment and the proposed assessment for each parcel. The Resolution of Intention to order improvements is required by state law to continue the Districts. The proposed action in these reports set at public hearing for the Council meeting to be held on July 2, 2024 to establish assessments for the coming year.

District No. 1, Zones of Benefit B_1 and B_2, and District No. 2 will see increases in their annual levy.

The levies were raised in response to inflation. District No. 1 Zones of Benefit A and B will continue to be levied at the maximum amount, and will not be increased further due to their lack of COLAs.

Fiscal Impact:

The proposed assessments for FY 2024-25 are shown in Attachment 3.

The projected revenue, expenditures, and cash balance, which include capital reserve for the Districts, are as follows:

District Revenue Expenditures Projected Reserve Fund Balance as of 07/01/2025*
1A $22,007.36 $23,338.96 ($5,371.78)
1B** $66,330.46 $77,848.38 ($14,026.09)
2 $99,056.84 $44,626.16 $206,015.90
*The Projected Reserve Fund Balance is the total of the Capital Replacement Reserve plus the Operating Reserve.
**Dollar amounts for Zones of Benefit B, B_1 and B_2 are included within the "1B" row of the table.

District 1 was formed in 1990 with no COLA, therefore the District's funding is annually based on 1990 dollars. This means that in District 1, Zone of Benefit A, each parcel pays $56.72 annually; and in Zone of Benefit B, each parcel pays $29.50 annually. Staff has reduced maintenance in District 1 to minimal levels in attempts to keep the District's balance positive. With increases in maintenance, water, and electrical costs, it has become increasingly difficult to provide minimally acceptable maintenance. If the Zones of Benefits' rates were inflated to 2024 dollars, the annual amounts per parcel would be $137.26 and $71.39, respectively. The current average annual per-parcel rate among all other residential LLMDs in the City is approximately $182.

Moving forward, staff will need to continue with reducing services in these Zones of Benefit due to lack of funding. In order to correct the funding issues, and re-establish great aesthetics through higher levels of maintenance, staff may conduct a Proposition 218 hearing to modify the District for inclusion of COLAs.

Alternatives:

1. Council may cancel the district and find alternative funding sources to maintain the landscaping

and related items in this area.

2. Council may direct City staff to follow legal procedures in order to modify District No. 1, increasing assessment amounts to a level appropriate for maintenance, and including a Cost of Living Adjustment.

Recommendation:

A. Adopt the following Resolutions to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972:
• Resolution Approving Engineer's Reports Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2 • Resolution of Intention to Order Improvements, Yuba City Landscape Maintenance District No.1 and Yuba City Lighting and Landscape Maintenance District No.2 B. Set a Public Hearing for July 2, 2024 at 6:00PM to establish assessments for Fiscal Year (FY) 2024- 25 Attachments:

1. Attachment 1 - Resolution LLMD 1-2 Approve Engineer's Report

2. Attachment 2 - Resolution LLMD 1-2 Set Public Hearing Date

3. Exhibit A - District Maps LLMD 1-2

4. Attachment 3 - Proposed Assessments

5. Attachment 4 - Engineer's Reports
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE ENGINEER’S REPORT FOR THE YUBA CITY
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (STABLER LANE/GARDEN

HIGHWAY AREA) AND YUBA CITY LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT NO. 2 (TOWN CENTER)
WHEREAS, the City Council of the City of Yuba City previously formed Landscape Maintenance District No. 1, and Lighting and Landscape Maintenance District No. 2 (“Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”); and WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by adopting a Resolution describing improvements and ordering the City Engineer to file a report with regard to the Districts for the 2024-25 Fiscal Year; and WHEREAS, the City Engineer has prepared and filed written reports with the City Clerk entitled “City of Yuba City, Landscape Maintenance District No. 1, Zone of Benefit A, Zone of Benefit B, Zone of Benefit B_1, Zone of Benefit B_2, 2024/2025 Engineer’s Annual Levy Report” and “City of Yuba City, Lighting and Landscape Maintenance District No. 2, Zone of Benefit A (Town Center), 2024/2025 Engineer’s Annual Levy Report,” (the “Engineer's Reports”) as called for in said Resolution and under and pursuant to said Act, which report has been presented to this City Council for consideration; and
WHEREAS, said City Council has duly considered said Engineer’s Reports and each and every part thereof, and finds that each and every part of said reports are sufficient, and that no portion of the reports require or should be modified in any respect.

WHEREAS, the City Council desires to formally approve the Engineer’s Report, as filed, pursuant to Section 22623 of the Act.

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

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

2. The City Council finds that the Engineer’s estimates prepared by the City Engineer of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said Engineer’s Report be, and each of them are hereby, preliminarily approved and confirmed.

3. The City Council finds that the diagram showing the District referred to and described in said Engineer’s Report, the boundaries of the subdivisions of the land within said District, is the same as existed at the time of passage of said Resolution and is hereby preliminarily approved and confirmed.

4. The City Council finds that the proposed assessments upon the subdivisions of land in said Districts are in proportion to the estimated benefit to be received by said subdivisions, respectively, from the work and incidental expenses as

contained and detailed in the Engineer’s Report, which is hereby preliminarily approved and confirmed.

5. The City Council hereby approves the “City of Yuba City, Landscape Maintenance District No. 1, Zone of Benefit A, Zone of Benefit B, Zone of Benefit B_1, Zone of Benefit B_2, 2024/2025 Engineer’s Annual Levy Report” and “City of Yuba City, Lighting and Landscape Maintenance District No. 2, Zone of Benefit A (Town Center), 2024/25 Engineer’s Annual Levy Report.” Said reports shall serve as the Engineer’s Reports for the purposes of subsequent proceedings for Landscape Maintenance District No. 1 and Lighting and Landscape maintenance District No.

2. 6. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

ATTACHMENT 2

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN YUBA CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1
(STABLER LANE/GARDEN HIGHWAY AREA) AND YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1973, PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A

TIME AND PLACE FOR HEARING OBJECTIONS THERETO
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) requires the review of annual assessment of existing Districts; and
WHEREAS, the City Council of the City of Yuba City previously formed Yuba City Landscape Maintenance District No. 1 and Yuba City Lighting and Landscape Maintenance District No. 2 (“Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”); and WHEREAS, assessments levied within the District provide revenue for the purposes of the servicing, operation, maintenance, repair, and replacement of the street lights, designated turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (perimeter landscaping) surrounding the developments; and
WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by adopting a Resolution describing improvements and ordering the City Engineer to file reports with regard to the Districts for the 2024-2025 Fiscal Year; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such reports (the “Engineer’s Reports” with the City Clerk, and the City Clerk has presented the Engineer’s Reports to the City Council; and
WHEREAS, on June 18, 2024, the City Council adopted a Resolution approving the Engineer’s Reports as filed, pursuant to Section 22623 of the Act; and WHEREAS, in accordance with Section 22624 of the Act, the City Council now desires to declare its intention to levy and collect the assessments within the Districts for Fiscal Year 2024-25, and to call a public hearing thereto.

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

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

2. The City Council hereby (1) finds that the public interest and convenience requires, and (2) declares its intention to order, the levy of and collection of assessments against the assessable lots and parcels of property within an existing assessment district designated Yuba City Landscape Maintenance District No. 1 and Yuba City Lighting and Landscape Maintenance District No. 2, (“Districts”), pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay for the costs and expenses of the improvements described below in Section 4 of this Resolution.

3. The boundaries of the District are generally located and depicted in “Exhibit A” attached hereto.

4. The proposed improvements are briefly described as follows: the servicing, operation, maintenance, repair, and replacement of the street lights, designated turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (perimeter landscaping) surrounding the developments.

5. The assessments to be levied and collected against the assessable lots and parcels of property within the Districts for Fiscal Year 2024-25 are proposed to be modified as follows: Assessments for District No.1 Zones of benefit B_1 and B_2, and District No. 2, Zone of Benefit A for Fiscal Year 2024-25 are proposed to increase from the previous year as described in the Engineer’s Report, but are still within or less than the amount approved for said District at the time of the Districts’ respective formations. The assessments for District No. 1 Zones of Benefit A and B are proposed to stay the same as the previous Fiscal Year.

6. By previous resolution, the City Council directed the City Engineer to prepare and to file Engineer’s Reports pursuant to the provisions of the Act. The Engineer has prepared and filed written reports with the City Clerk that is titled “City of Yuba City, Landscape Maintenance District No. 1, Zone of Benefit A, Zone of Benefit B, Zone of Benefit B_1, Zone of Benefit B_2, 2024/2025 Engineer’s Annual Levy Report” and “City of Yuba City, Lighting and Landscape Maintenance District No. 2, Zone of Benefit A (Town Center), 2024/2025 Engineer’s Annual Levy Report,” and by previous resolution the City Council approved the Engineer’s Reports as filed.

Reference is made to the Engineer’s Reports on file in the Office of the City Clerk and open to public inspection for a full and detailed description of the improvements, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. The Office of the City Clerk is located at 1201 Civic Center Boulevard, Yuba City, CA 95993.

7. Notice is hereby given that the City Council designates July 2, 2024 at 6:00 p.m., in the City Council Chambers, City Hall, 1201 Civic Center Boulevard, Yuba City, CA, as the date, time, and place for the hearing of protests or objections to the levy

of the proposed assessments in connection with the Districts. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests or communications made or filed by any interested person. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer. Written protests may be delivered in person to the City Clerk or may be mailed to the City Clerk at City Hall, 1201 Civic Center Boulevard, Yuba City, CA 95993. Any written protest that is mailed must be received at City Hall at or prior to 4:30 p.m. on July 2, 2024

8. The City Clerk shall give notice of the aforesaid date, time, and place of the hearing in accordance with law.

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 18th day of June 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – District Maps

EXHIBIT A

QUEENS AVE

FLORAIN DR

GA RD ENS ID E WAY

DOROTHY LN

BUTTE VISTA LN

SARATOGA CT

SPRIG CT

HAWK CT

MYKONOS CT

STABLER PARK DR

OAKBROOK CT

ROBIN CT

TUMBER WAY

MONTCLAIR DR

EL VERANO WAY

PORTOFINO DR

ELVERANDACT

JAMIE DR

ELSOBRANTECT

TRES PICOS DR

SANTA BARBARA WAY

MANCHESTER WAY

LANCASTER WAY

OSPREY CT

VINTAGE CT

PINTAIL CT

SANTORINI CT

CORSICA DR

TORTOSA CT

DOVE CT

ELDORADOLN

QUAIL CT

RACHEL CT

NORTHF ELD CT I

SYLVIA WAY

OAKBROOK DR
QUEENS AVE SB 99 ON
HWY 99

MALAGA CT

LORA WAY
99 NB QUEENS AVE OFF

DEBBIE LN

ESPLANADE WAY

BR SI TOL CT

ELIZABETH LN

EDEN WAY

PHEASANT DR

SEVILLA CT

JENNIFER LN

DANA WAY

PEACH TREE LN

EMILY LN

PATTY DR

GROUSE WAY

BR ADLEY ESTATES DR

NADEAN DR

LA PALMA

EL CERRITO CT

JENNIFER CT

YORK DR

NANCY CT

LA CRESENTA CT

RICH LN

MICHAEL WAY

PROVENCE DR

VALLEY VIEW DR

BROOKFIELD CT CUMMINGS CT

MALTA DR

COLIN CT

CHRISTIFER LN

CANDACE CT

KENDALL CT
BAL CT

DIJON CT

MC MULLEN AVE

KENNY DR

SHAY WAY

CASA LOMA WAY

CASITA DR

LA COLINA LN

MELTON DR

LORRAINE WAY

MICH CT

NORTHWOODS DR

FORESTWOOD DR

CLAIRE CT

WOODLAND DR

NORTH RIDGE DR

CAMDEN WAY

NORTHGATEDR

WARD CT

CLYDE WAY

ROLLING ROCK CT

GENOA CT

CHLOE CT

CALAIS DR

TURIN DR

MEHAR CT

RAVI CT

SUKH DR

PABLA CT

VALLEY CT

COATS DR

GRANADA WAY

PARC EAST DR

BUTTE BEND LN

PAULA DR

HUNTER WAY
PAM DR

SPENCER LN

SHARON DR

REBECCA DR
99 SB QUEENS AVE OFF
QUEENS AVE 99 NB ON

STABLER LN

MESSINA DR

E ONSTOTT FRTG RD

CARTAGENA DR

PARC WEST DR

MESSINA CT

REGENCY WAY

CAPRI DR

GR EENWOOD WAY

MANN DR

SOMERSET WAY

NORTHFIELD DR

HERBERT CT

W ONSTOTT FRTG RD

MAJORCA DR

MEADOWLARK WAY
1A
Lighting & Landscape
Maintenance District No. 1
Zones of Benefit

QUEENS AVE

S WALTON AVE

THARPRD

BUTTE HOUSE RD

FRANKLIN AVE

SUNSWEET BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

HARTER PKWY

HOOPER RD

STEWART RD

L VI E OAKBLVD

RAILROAD AVE

BRIDGE ST

S GEORGE WASH NI GTON BLVD

LINCOLN RD

FRANKLIN RD

BOGUE RD

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE

GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits

1B
1B
1B_1
1B_1
1B_2

BUNCE RD

GARDEN HWY

JONES RD

S BARRETT RD

RAILROAD AVE

RANDOLPH DR

LINCOLN RD

BOGUE RD

RICHLAND RD

WINSHIP RD

CRESTMONT AVE

SINGH'S WAY

WHISTLEW OO D CT

B RENTW OOD DR

KILLINGTON CT

CORNWELL AVE

M E A DO W A V E

WALLACE DR

MILL CREEK WAY

TEESDALE RD

GR OV E CT

GOLD RIVER DR

HASTINGS WAY

ALMOND GROVE DR

STONYB ROOK DR

MARINER LOOP

SHANGHAI BEND RD

DEL LAGO

CAR ISSA C T

MAIN ST

MA RG AR ET C T

PAYNECT

SOUTHLAND DR

ASH WO OD CT

PH LI LIPS RD

W NI S H PI C T

ALDE RWO O D C T

TA RA CT

JILL CT

STEWART RD

JAN C T

ATLANT IC CT

WILD RIVER DR

EUREKA DR

S TO NYB RO OK CT

CR ESWE LLD R

DORCAS CT

MAGNOLIA DR

SOUTH PARK DR LA GRANDE AVE

RIVER OAKS DR
REO DR

MILLFRONT AVE

MARINER W AY

VILLAGE CT

BLA CK CT

BUCK RIVERTS

WAVERLY CT

DEE BEERSCT

COLONY CT

HAVE N CT

TRINITY AVE

SM ITH RD

CAMBRIDG ECT

DIAMOND POINTE WAY

WINDSOR DR

TULSA C T

BU RL CT

MARIPOSA DR

WOODHAVEN DR

ROCKY CT

KATHERINE CT

RHINE CT

WIND RIVE R CT

GEE BEE WAY

ALBATROSS AVE

SO UTHWIND DR

COLD WATER ST

STILLWATER DR

STONEWATER DR

TIMBER CT

ROYAL RIVER DR

MARIAH DR

ARBOR WAY

RAPID WATE R WAY

BUNCE CT

DAKOTACT

GER ALD CT

NEBRASKA DR

TRUCKEE CT

FRANQUETTE DR

ME AD OW W ALK D R

JEFFREY DR

ARIZONA WAY

STARLITE LN

CANTERBURY DR

M ONTA NA C T

ANDREW DR

LASK DR

BLUE OAK DR

HOMEWOOD DR

CRES CENT CT

LOIS LN
ARI CT

CARMELO WAY

OREGON WAY

CIRCASSIAN DR

TWINS WAY

GILL LI AND DR

PECAN DR

KELSEY C T

LONELY OAK DR

AURORA DR

COTTON ROSSER WAY

DELONE DR

STEPHEN WAY

DRUMMOND DR

OLEANDER DR

BARON CT

SCIROCCO DR

SHADY CT

TWIN RIVERS DR

PEORIA DR

BRA NDON ST

ATLANT SI WAY NEPTUNE DR CRYSTAL CRE EK LN

TRADEWIND DR

SOUTHPOINTE DR

SH ER MAN CT

CORBY CT

GALAXY DR

CALAVERAS CT

TULSA DR

DOLPHIN CT

MARLIN CT

PACIF CI A DR

NAUTILUS CT

RADDISON DR

VOBORIL AVE

ASHLEY WAY

DENNIS WAY

COLUMB AI DR

GLE N W O OD DR

RICKEY DR

SW IFT CREEK CT
OAK CT

NAURA CT

WHITE ROCK DR

SECOND ST

CLARO CT

W HISPE RING O AK S CT

FALLING ROC K CT

SUNWESTD R

MAYETTE CT

CECILY CT

BIG OAKS CT

MORRISON BEND

TEAL CT

HAMSTEADLN

EMERALD DR

CARR DR

TIFFANY WAY

MURRAY CT

SHELBY CT ZEPHYR DR

CRESTMONTCT

WISCONSIN CT

SPRING CREEK CT

EL VALLAS CIR

QUEENSBURY WAY

MUIR RD

CAM NI ITO AVE

WHITE OAK DR

SHADY LN

HIGHLAND AVE

NOTTINGHAM WAY

LOS BRAVOSDR

RAPID FALLS DR

HARTLEY WAY

SLEEPY DR

TEESDALE CT

SAM RIDER WAY

JOHN WAYNE DR

MICHIGAN CT

UTAH CT

SCOTTEN CT

EASTCREST CT

GRAYSTONE CT

MC CALL AVE

MALICK AVE

JESSIE AVE

CAROLINA AVE

DEER CREEK DR

MACKENZIE DR

BRANDSTATT AVE

EDGEWATER WAY

VITTORIA GROVE CT

IDAHO WAY

KELLI DR

SAVANNAH DR

EPLEY DR

MOSBURG LP

WINDWA RD W AY

CLAREMONT WAY

WHITE WATER WAY

WHISPERING OAKS DR

CO U RTYARD WAY

MISSISSIPPI DR

BIG OAKS DR

KAREN DR

STAPLE DR

BURNS DR

HASSETT AVE

GENEVA AVE

PUTMAN AVE

EASTWIND DR

CELEST AI L WAY

HILLCREST AVE

TUSCAN RD
Lighting & Landscape
Maintenance District No. 1
Zones of Benefit

QUEENS AVE

S WALTON AVE

CLARK AVE

GRAY AVE

BUTTE HOUSE RD

FRANKLIN AVE

WESTERN PKWY

SUNSWEET BLVD

N WALTON AVE

PLUMAS ST

ROYO RANCHERO RD

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

OHLEYER RD

SHANGHAI BEND RD

HARTER PKWY

THARP RD

HOOPER RD

TIERRA BUENA RD

STABLER LN

RAILROAD AVE

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

GRAY AVE

LINCOLN RD

CLARK AVE

FRANKLIN RD

PEASE RD

GARDEN HWY

BOGUE RD
Highway 20
Highway 99 Highway 99
Legend
Maintenance Districts
City Limits

FRANKLIN AVE

FREMONT WAY

REEVES AVE

WILBUR AVE
B ST

BRIDGE ST
PLUMAS
ST

WOODBRIDGE AVE
A ST

PINE WAY

MORTON ST

CHESTNUT ST

ALMOND ST

WALNUT ST

DORMAN AVE

SHASTA ST

MAIN ST

NIELSON AVE

STEVENS AVE

WESTERN AVE

JONES ST

HAWTHORNE ST

CURRIER WAY

BOYD ST

E TABER AVE
ELM ST

BENNETT WAY

ROWE AVE
C ST

LINDEN ST

EMERSON ST

TABER AVE

JEWELL AVE

CLINTON ST

MOORE AVE

WILSON AVE

TOWN SQUARE

CAMPBELL WAY

SPRUCE WAY

BROOKS AVE

PAGE AVE

PALM AVE

WILLOW WAY

PERCY AVE
PL

UMAS BLVD

ROBINSON AVE

DEL MONT E AVE
2A
2A
Lighting & Landscape
Maintenance District No. 2
Zones of Benefit

QUEENS AVE

S WALTON AVE

GRAY AVE

BUTTE HOUSE RD

FRANKLIN AVE

SUNSWEET BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

SHANGHAI BEND RD

HARTER PKWY

THARP RD

HOOPER RD

STEWART RD

STABLER LN

LIVE OAKBLVD RAILROAD AVE

BRIDGE ST

S GEORGE WASH NI GTON BLVD

LINCOLN RD

FRANKLIN RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE

GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits

ATTACHMENT 3

DISTRICT 1 AND 2 PROPOSED ASSESSMENTS
District Zone of Benefit
FY 2024-25
Proposed Levy
Rate ($)
Change From
Previous Year
($)
Maximum
Levy Rate
Allowed ($)
A $56.72 $0.00 $56.72
B $29.50 $0.00 $29.50
B_1 $40.12 $1.20 $40.13
1 B_2 $367.28 $11.02 $367.28
2 A $710.34 $92.20 $710.34

ATTACHMENT 4

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 1 of 16

City of Yuba City

Landscape Maintenance
District No. 1
Zone of Benefit A
Zone of Benefit B
Zone of Benefit B_1
Zone of Benefit B_2

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Initiation Meeting: May 7, 2024
Intent Meeting: June 18, 2024
Public Hearing: July 2, 2024 27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
City of Yuba City
Sutter County, State of California
Yuba City Landscape Maintenance District No. 1
This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Sutter County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
By: ________________________________
Tony Thrasher
Principal Consultant
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

TABLE OF CONTENTS
I. OVERVIEW 2
A. INTRODUCTION 2
B. COMPLIANCE WITH CURRENT LEGISLATION 3
II. PLANS AND SPECIFICATIONS 4
A. DESCRIPTION OF THE DISTRICT 4
B. DESCRIPTION OF THE IMPROVEMENTS 4
III. METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 5
C. ASSESSMENT METHODOLOGY 8
D. ASSESSMENT RANGE FORMULA 8
IV. DISTRICT BUDGET FY 2024/2025 11
APPENDIX A - DISTRICT BOUNDARY MAPS 13
APPENDIX B – 2024/2025 ASSESSMENT ROLL 16

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 2 of 16 I. OVERVIEW
A. INTRODUCTION
The City of Yuba City (“City”) annually levies and collects special assessments to maintain and service landscape improvements that provide special benefit to the Yuba City Lighting and Landscape Maintenance District (“District”). The District is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (“Article XIIID”).

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2024/2025. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the County of Sutter (“County”) Assessor’s Office. The County Auditor/Controller uses APNs and specific fund numbers to identify properties assessed for special district benefit assessments on the tax roll.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rates and method of apportionment described in this Report define the assessments to be applied to each parcel within the District for Fiscal Year 2024/2025.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 3 of 16 The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid APN for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 6, 1996, California voters approved Proposition 218 by a margin of

56.5% to 43.5%. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (Proposition 218).

Pursuant to the California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the pre-existing assessment amounts are exempt from the procedural requirements Article XIIID Section 4.

The District has been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code.

Pursuant to the 1972 Act, an annual Public Hearing is conducted by the City Council to accept property owner and public comments, to review the Engineer’s Annual Levy Report prior to approving the annual assessments to be levied on the County tax rolls. The assessments described in this Report have been prepared in accordance with the Act.

The City affirms that the assessments contained in this report for Zones A and B, were imposed in accordance with a consent and waiver by 100% of the property owners as part of the original development approval for the properties within the District. Therefore, the City has determined that pursuant to Article XIIID Section 5(b) the maximum assessment previously approved and levied for these Zones prior to the passage of Proposition 218 are considered exempt, provided the assessments are not increased above these previously approved maximum assessment rates.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 4 of 16 The proposed annual levy of assessments for fiscal year commencing July 1, 2024 and ending June 30, 2025 (Fiscal Year 2024/2025) as described in this Report have been prepared and made pursuant to the provisions of the 1972 Act and are consistent with the assessments previously approved and adopted by the City Council. The assessments described herein for Fiscal Year 2024/2025 do not exceed the maximum assessment rates authorized and are therefore in compliance with the provisions of the California Constitution Article XIIID.

II. PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The District is comprised of four benefit areas: Zone of Benefit A (North Stabler Lane Area), Zone of Benefit B (South Yuba City Area), Zone of Benefit B-1 (Clark Pest Control and 1441 Garden Highway) and Zone of Benefit B-2 (Dollar General).

The Zone of Benefit A (“Zone A”) benefits parcels consisting of 79 residential lots in the Greenwood Acres Unit 1 and Unit 4 subdivisions, 66 residential lots in Oak Tree Estates, 172 residential lots in the Pheasant Pointe Subdivision and 71 residential lots in the Greenwood Estates Unit 7 subdivision.

The Zone of Benefit B (“Zone B”) benefits parcels consisting of 319 residential lots in the Southwind and Southland Village Subdivisions, 101 lots in the River Bend Subdivision, 31 present and future residential lots in River Pointe Subdivision, 757 present and future equivalent dwelling units in the River Run Subdivisions, 618 present residential lots in the River Oaks subdivisions, 420 present and future residential lots in the Walnut Glen Subdivisions, 75 lots in Diamond Point Subdivision and 64 present and future residential lots in the Southpointe Subdivision. The River Run Subdivision has 194 equivalent dwelling units of R-3 and 276 equivalent units of Commercial based on 20 equivalent dwelling units per acre.

The Zone of Benefit B-1 (“Zone B-1”) benefits four commercial parcels located at 1288 Garden Highway and 1441 Garden Highway.

The Zone of Benefit B-2 (“Zone B-2”) benefits two commercial parcels located at 1500 and 1510 Garden Highway.

B. DESCRIPTION OF THE IMPROVEMENTS
The District improvements provide for the ongoing maintenance and servicing of landscaping improvement areas adjacent to Zone A, Zone B, Zone B-1 and Zone B-2 as shown on the Assessment Diagrams on file with the City Clerk.

Maintenance improvements may include but are not limited to: turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (perimeter landscaping)

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 5 of 16 surrounding the developments. Servicing improvements may include, but are not limited to: electricity, water for irrigation of any landscaping, and the operation of fountains.

The annual cost and expenses of providing the landscape maintenance and servicing in Zone A, Zone B, Zone B-1 and Zone B-2 are estimated separately and are apportioned equally to all lots, developed or undeveloped, within each Zone.

III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the District must separate the general benefits from the special benefits.

B. BENEFIT ANALYSIS
Each of the improvements and the associated costs has been carefully reviewed and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements. The installation of the improvements was part of the conditions of property development. The property owners approved the corresponding assessments for the ongoing maintenance and servicing of the improvements through a property owner protest ballot.

Special Benefits — the method of apportionment (assessment methodology) is based on the premise that each of the assessed parcels within the District

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 6 of 16 receives benefit from the improvements maintained and financed by annual assessments. Specifically, the assessments are for the maintenance of landscaped improvements installed as part of the original development. The desirability of properties within the District is enhanced by the presence of wellmaintained landscaping in close proximity to those properties.

The special benefits associated with the local landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements.
 Improved aesthetic appeal of properties within the Zones providing a positive representation of the area.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, and dust and debris control.
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
 Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.  Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

General Benefits - the improvements to be provided and maintained by the District are a direct result of property development within the District and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the properties being developed and not for the benefit of surrounding properties outside the District boundaries. Although local development improvements (by virtue of their location) may be visible to surrounding properties, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit.

Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments.

At the time of formation of the Assessment District, the majority of the benefit was special, and there was a small general benefit. The engineer of record between Fiscal Year 2012/2013 and Fiscal Year 2015/2016, further quantified this small general benefit.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 7 of 16 The specific language from the most recent Engineer’s Report used to describe General Benefit is as follows:

The maintenance and servicing of these improvements is also partially refunded, directly and indirectly from other sources including Yuba City, Sutter County and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.) This funding from other sources more than compensates for general benefits, if any, received by the properties within the Assessment District.

The General Benefits from this assessment may be quantified as illustrated in the following table.

Benefit Factor Relative
Weight
General Benefit
Contribution
Relative
General
Benefit
Creation of parcels 90 0% 0
Extention of recreation area 2 10% 0.2
Proximity to improved parks and recreation facilities 2 10% 0.2 Access to improved parks, open space and rec areas 2 10% 0.2 Improved views 2 10% 0.2
Improved nighttime visibility and safety from streetlights 2 20% 0.4 Totals 100 1.2
Total Calculated General Benefit 1.2%
As a result, Yuba City will contribute at least 1.2% of the total budget from sources other than the assessment. This contribution offsets any general benefits from the Assessment Services.

This general benefit contribution is the sum of the following components:

Yuba City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation and replacement of the curb and gutter is conservatively estimated to be 1%.

Yuba City owns and maintains a storm drainage system along the border of the Assessment District improvements. This system serves to prevent flooding and associated damage to the improvements, and manage urban runoff including local pollutants loading from the improvements. The

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 8 of 16 contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 1%.

Yuba City owns and maintains local public streets along the border of the Assessment District improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.

The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs, and is conservatively estimated to contribute 25%.

Therefore, the total General Benefit is conservatively quantified at 1.2%, which is more than offset by the total non-assessment contribution towards general benefit of 28%. (1)
C. ASSESSMENT METHODOLOGY
For each of the zones of benefit, the level of special benefit received by each parcel in the zone is considered to be the same. Therefore, the estimated annual cost of the improvements for Zone A, Zone B, Zone B-1 and B-2 are determined separately and are apportioned equally to all parcels, developed or undeveloped, within each Zone.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County), dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways, utility rights-of-ways, common areas, landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and therefore are not assessed.

D. ASSESSMENT RANGE FORMULA
Any new or increased assessments require voting, certain noticing, and meeting requirements. Article XIIID added specific requirements including an assessment ballot and weighted tabulation of the ballots to determine if majority protest exists at the Public Hearing. In Fiscal Year 1993/1994, the Brown Act (Government Code Section 54954.6(o)) changed the definition of the term “new or increased assessment” to exclude certain conditions.
(1) SCI Consulting Group (September 2015). City of Yuba City Landscape Maintenance Assessment District No. 1 Engineer’s Report, Fiscal Year 2015-16. pgs 13-16.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 9 of 16 These conditions included “any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency and approved by the voters in the area where the assessment is imposed.” This definition for a new or increased assessment was also addressed in Senate Bill 919 (the Proposition 218 implementation statutes).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.

The District does not have an approved formula for increasing the assessment rates on an annual basis for Zone A or Zone B. Therefore, there has been no change to the assessment rates for FY 2024/2025 from the prior year for Zone A and Zone B. However, the District does have an approved formula for increasing the assessment rates on an annual basis for Zone B-1 and Zone B-2.

Generally, if the proposed annual assessment (levy per unit or rate) for the current fiscal year is less than or equals to the “Maximum Assessment” (or “Adjusted Maximum Assessment”), then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the following criteria:
1) Each fiscal year, the Maximum Assessment will be recalculated. 2) The new adjusted Maximum Assessment for the year represents the prior year’s Maximum Assessment adjusted by the percentage change from the previous year to the current year based on the “All Urban Consumers” Consumer Price Index, US City Average (CPI), as compiled by the United States Department of Labor Statistics. Effective Fiscal Year 2017/2018, the CPI month for annual adjustment has changed to January. 3) The Maximum Assessment is adjusted each year independently from the annual assessment. While the actual amount assessed may fluctuate each year, the maximum will continue to be increased and in any given year, the assessment may be applied at the Maximum Assessment.

The Maximum Assessment is adjusted annually and is calculated independently of the District’s annual budget and proposed annual assessment. Any proposed annual assessment (rate per equivalent dwelling unit) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. The City Council may reduce or freeze the Maximum Assessment at any time by amending the Engineer’s Annual Report.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 10 of 16 Although the Maximum Assessment will normally increase each year, the actual District assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on District assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessments for the fiscal year does not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment. To impose an increased assessment, the City Council must comply with the provisions of Article XIIID Section 4(c) of the California Constitution, which requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.

Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for the District. If the proposed assessment is not approved, the City Council may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 11 of 16 IV. DISTRICT BUDGET FY 2024/2025
The following provides the proposed budget and associated maximum assessment for Zone A and Zone B, and the increased maximum assessment for Zone B-1 and Zone B-2 commencing in fiscal year 2024/2025. This budget includes the City’s estimate of anticipated expenditures, deficits, surpluses, revenues, and reserve fund balances associated with providing appropriate and adequate annual maintenance and operation of the improvements associated with each zone. The resulting maximum assessment rate established for each zone is based on the budget information presented herein and shall be used to calculate each parcel’s proportional assessment obligation in accordance with the method of apportionment outlined in this Report.

Based on the budget information on the following page, the maximum assessment rate for Zone A and Zone B shall remain unchanged from the prior year at $56.72 and $29.50 per EBU, respectively. The maximum assessment rate for Zone B-1 will be $40.13 per EBU for Fiscal Year 2024/2025 and the maximum assessment rate for Zone B-2 will be $367.28 per EBU for Fiscal Year 2024/2025.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 12 of 16 Zone 1B Zone 1B2

DIRECT COSTS
Heat/Power Utility $106.50 $385.63 $0.94 $2.15 $388.73 $495.23 Street Lights Power Utility 0.00 0.00 0.00 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 0.00 0.00 0.00
Spec O&M Weed Abatement 766.80 9,020.36 22.00 50.35 9,092.71 9,859.51 Spec O&M Landscape 15,767.22 34,230.44 83.50 191.06 34,505.00 50,272.22 Water Utility 3,960.47 26,110.34 63.69 145.74 26,319.77 30,280.24 Materials & Supplies 1,445.21 931.86 2.27 5.20 939.33 2,384.54 LMD Lights 0.00 0.00 0.00 0.00 0.00 0.00
Landscape Labor 0.00 0.00 0.00 0.00 0.00 0.00
Direct Costs Subtotal $22,046.19 $70,678.63 $172.41 $394.50 $71,245.54 $93,291.73

ADMINISTRATION COSTS
City Administration Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Willdan Financial Services Administration Fees 1,176.37 5,959.83 14.54 $33.27 6,007.64 7,184.01 County Administration Fee 116.40 590.46 1.44 $3.30 595.20 711.60 Miscellaneous Administration Expenses 0.00 0.00 0.00 $0.00 0.00 0.00 Administrative Costs Subtotal $1,292.77 $6,550.30 $15.98 $36.56 $6,602.84 $7,895.61 CAPITAL IMPROVEMENT EXPENSES $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

LEVY BREAKDOWN
Total Direct and Admin. Costs $23,338.96 $77,228.93 $188.39 $431.06 $77,848.38 $101,187.34 Operating Reserve Collection 0.00 0.00 0.00 0.00 0.00 0.00 Capital Reserve Collection 0.00 0.00 0.00 0.00 0.00 0.00 Levy Breakdown Subtotal $23,338.96 $77,228.93 $188.39 $431.06 $77,848.38 $101,187.34

LEVY ADJUSTMENTS
Operating Reserve Contribution ($1,331.60) (11,426.19) (27.87) (63.78) ($11,517.84) ($12,849.44) Capital Reserve Contribution 0.00 0.00 0.00 0.00 0.00 0.00 Additional City Contribution 0.00 0.00 0.00 0.00 0.00 0.00 Estimated Interest Earnings 0.00 0.00 0.00 0.00 0.00 0.00 Rounding Adjustment 0.00 (0.04) (0.04) 0.00 (0.08) (0.08) Levy Adjustments Subtotal ($1,331.60) ($11,426.23) ($27.91) ($63.78) ($11,517.92) ($12,849.52) BALANCE TO LEVY $22,007.36 $65,802.70 $160.48 $367.28 $66,330.46 $88,337.82

OPERATING RESERVE
Estimated Balance at June 30, 2024 ($4,040.18) ($6,456.46) ($15.75) ($36.04) ($6,508.25) ($10,548.43) FY2024/2025 Collection/(Contribution) (1,331.60) (11,426.19) (27.87) (63.78) (11,517.84) (12,849.44) Transfer from Capital Improvement Reserve 0.00 (9,920.43) (24.20) (55.37) (10,000.00) (10,000.00) Estimated Balance at June 30, 2025 ($5,371.78) ($27,803.08) ($67.82) ($155.18) ($28,026.09) ($33,397.87)

CAPITAL IMPROVEMENT RESERVE
Estimated Balance at June 30, 2024 $0.00 $3,968.17 $9.68 $22.15 $4,000.00 $4,000.00 FY2024/2025 Collection/(Contribution) 0.00 0.00 0.00 0.00 0.00 0.00 Transfer to Operating Reserve 0.00 9,920.43 24.20 55.37 10,000.00 10,000.00 Estimated Balance at June 30, 2025 $0.00 $13,888.60 $33.88 $77.52 $14,000.00 $14,000.00

DISTRICT STATISTICS
Total Parcels 388 1,980 4 2 1,986 2,374 Total Parcels Levied 388 1,980 4 2 1,986 2,374 Total EBU 388.00 2,230.60 4.00 1.00 2,235.60 2,623.60 Levy per EBU (2024/2025) $56.72 $29.50 $40.12 $367.28 Maximum Levy per EBU - 2023/2024 $56.72 $29.50 $38.94 $356.27 CPI Increase per EBU (3.09%) N/A N/A $1.19 $11.01
Maximum Levy per EBU - 2024/2025 $56.72 $29.50 $40.13 $367.28 Maximum Levy Amount - 2024/2025 $22,007.36 $65,802.70 $160.52 $367.28 $66,330.50 $88,337.86 BUDGET ITEM Zone 1A Zone B Total Zone 1B1 Total

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 13 of 16 Appendix A - DISTRICT BOUNDARY MAPS
The original assessment diagrams including the diagrams for the zones of benefit for the District were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

The following is a reproduction of the County Assessor’s Parcel Map associated with each subdivision and Zone.

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 14 of 16 Yuba City Landscape Maintenance District No. 1
Zone of Benefit A

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 15 of 16 Yuba City Landscape Maintenance District No. 1
Zone of Benefit B

2024/2025 Lighting and Landscape Maintenance District No. 1 Page 16 of 16 Appendix B - 2024/2025 ASSESSMENT ROLL
The parcel identification for each lot or parcel within the District shall be the assessor’s parcel number (APN) as shown on the Sutter County Assessor's map for the year in which this Report is prepared.

A listing of parcels assessed within this District, along with the assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County), dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways, utility rightsof-ways, common areas, landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore are not assessed.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 1 of 15

City of Yuba City

Lighting and Landscape
Maintenance District No. 2
Zone of Benefit A
(Town Center and Yuba City KFC)

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Initiation Meeting: May 7, 2024
Intent Meeting: June 18, 2024
Public Hearing: July 2, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
City of Yuba City
Sutter County, State of California
Yuba City Lighting and Landscape Maintenance District No. 2 Zone of Benefit A (Town Center)
This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Sutter County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
By: ________________________________
Tony Thrasher
Principal Consultant
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

TABLE OF CONTENTS
I. OVERVIEW 2
A. INTRODUCTION 2
B. COMPLIANCE WITH CURRENT LEGISLATION 3
II. PLANS AND SPECIFICATIONS 4
A. DESCRIPTION OF THE IMPROVEMENTS 4
III. METHOD OF APPORTIONMENT 6
A. GENERAL 6
B. BENEFIT ANALYSIS 6
C. ASSESSMENT METHODOLOGY 9
D. ASSESSMENT RANGE FORMULA 9
IV. DISTRICT BUDGET FY 2024/2025 11
APPENDIX A - DISTRICT BOUNDARY MAPS 13
APPENDIX B - 2024/2025 ASSESSMENT ROLL 15

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 2 of 15 I. OVERVIEW
A. INTRODUCTION
The City of Yuba City (“City”) annually levies and collects special assessments in order to maintain and service landscape improvements that provide special benefit to the Yuba City Lighting and Landscape Maintenance District (“District”).

The District is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (“Article XIIID”).

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2024/2025. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the County of Sutter (“County”) Assessor’s Office. The County Auditor/Controller uses APNs and specific fund numbers to identify properties assessed for special district benefit assessments on the tax roll.

The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid APN for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 3 of 15 B. COMPLIANCE WITH CURRENT LEGISLATION
On November 6, 1996, California voters approved Proposition 218 by a margin of

56.5% to 43.5%. All assessments described in this Report and approved by the City Council are prepared in accordance with the Act and are in compliance with the provisions of the California Constitution Article XIIID (Proposition 218).

Pursuant to the California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the pre-existing assessment amounts are exempt from the procedural requirements Article XIIID Section 4.

The District has been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code.

Pursuant to the 1972 Act, an annual Public Hearing is conducted by the City Council to accept property owner and public comments, to review the Engineer’s Annual Levy Report prior to approving the annual assessments to be levied on the County tax rolls. The assessments described in this Report have been prepared in accordance with the 1972 Act.

The City affirms that the assessments contained in this report were imposed in accordance with a consent and waiver by 100% of the property owners as part of the original development approval for the properties within the District. Therefore, the City has determined that pursuant to Article XIIID Section 5(b) the maximum assessment previously approved and levied for this District prior to the passage of Proposition 218 are considered exempt, provided the assessments are not increased above these previously approved maximum assessment rates.

The proposed annual levy of assessments for fiscal year commencing July 1, 2024 and ending June 30, 2025 (Fiscal Year 2024/2025) as described in this Report have been prepared and made pursuant to the provisions of the 1972 Act and are consistent with the assessments previously approved and adopted by the City Council. The assessments described herein for fiscal year 2024/2025 do not exceed the maximum assessment rates authorized and are therefore in compliance with the provisions of the California Constitution Article XIIID.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 4 of 15 II. PLANS AND SPECIFICATIONS
Yuba City Lighting and Landscape Maintenance District No. 2 is comprised of one benefit area, known as Zone of Benefit A (Town Center and Yuba City KFC).

The Zone of Benefit A (“Zone A”) consists of 14 commercial lots: 13 lots in the Town Center area and the Yuba City Kentucky Fried Chicken (KFC). The Town Center Area is located along the frontage of Plumas Street (including median), C Street, Percy Avenue, B Street and Franklin Avenue. The Yuba City KFC is located south of Bridge Street, west of Shasta Street, east of Plumas Street and north of A Street.

A. DESCRIPTION OF THE IMPROVEMENTS
The District improvements provide for the ongoing maintenance and servicing of landscaping material, irrigation systems, and street lighting in the Town Center Area along the frontage of Plumas Street (including median), C Street, Percy Avenue, B Street and Franklin Avenue.

Provisions of the 1972 Act
As generally defined, the improvements and the associated assessments for any District formed pursuant to the 1972 Act may include one or any combination of the following:
1) The installation or planting of landscaping.
2) The installation or construction of statuary, fountains, and other ornamental structures and facilities.
3) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.
4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 5) The installation of park or recreational improvements including, but not limited to the following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipment, play courts and public restrooms. 6) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 5 of 15 maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements.
b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
d) The removal of trimmings, rubbish, debris, and other solid waste. e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
f) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements.
g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the 1972 Act.
8) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
b) The costs of printing, advertising, and the publishing, posting and mailing of notices.
c) Compensation payable to the County for collection of assessments. d) Compensation of any engineer or attorney employed to render services.
e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
f) Costs associated with any elections held for the approval of a new or increased assessment.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 6 of 15 III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits are assessable and the District must separate the general benefits from the special benefits.

B. BENEFIT ANALYSIS
Each of the improvements and the associated costs has been carefully reviewed and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements. The installation of the improvements was part of the conditions of property development. The property owners approved the corresponding assessments for the ongoing maintenance and servicing of the improvements through a property owner protest ballot.

Special Benefits — the method of apportionment (assessment methodology) is based on the premise that each of the assessed parcels within the District receives benefit from the improvements maintained and financed by annual assessments. Specifically, the assessments are for the maintenance of landscaped improvements installed as part of the original development. The desirability of properties within the District is enhanced by the presence of wellmaintained landscaping in close proximity to those properties.

The special benefits associated with the local landscaping improvements are specifically:

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 7 of 15  Enhanced desirability of properties through association with the improvements.
 Improved aesthetic appeal of properties within the Zones providing a positive representation of the area.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, and dust and debris control.
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
 Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.  Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise.

General Benefits - the improvements to be provided and maintained by the District are a direct result of property development within the District and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the properties being developed and not for the benefit of surrounding properties outside the District boundaries. Although local development improvements (by virtue of their location) may be visible to surrounding properties, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit.

Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments.

At the time of formation of the Assessment District, the majority of the benefit was special, and there was a small general benefit. The engineer of record between Fiscal Year 2012/2013 and Fiscal Year 2015/2016, further quantified this small general benefit.

The specific language from the most recent Engineer’s Report used to describe General Benefit is as follows:

The maintenance and servicing of these improvements is also partially refunded, directly and indirectly from other sources including Yuba City, Sutter County and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 8 of 15 as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.) This funding from other sources more than compensates for general benefits, if any, received by the properties within the Assessment District.

The General Benefits from this assessment may be quantified as illustrated in the following table.

Benefit Factor Relative
Weight
General Benefit
Contribution
Relative
General
Benefit
Creation of parcels 90 0% 0
Extention of recreation area 2 10% 0.2
Proximity to improved parks and recreation facilities 2 10% 0.2 Access to improved parks, open space and rec areas 2 10% 0.2 Improved views 2 10% 0.2
Improved nighttime visibility and safety from streetlights 2 20% 0.4 Totals 100 1.2
Total Calculated General Benefit 1.2%
As a result, Yuba City will contribute at least 1.2% of the total budget from sources other than the assessment. This contribution offsets any general benefits from the Assessment Services.

This general benefit contribution is the sum of the following components:

Yuba City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation and replacement of the curb and gutter is conservatively estimated to be 1%.

Yuba City owns and maintains a storm drainage system along the border of the Assessment District improvements. This system serves to prevent flooding and associated damage to the improvements, and manage urban runoff including local pollutants loading from the improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 1%.

Yuba City owns and maintains local public streets along the border of the Assessment District improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 9 of 15 contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 1%.

The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs, and is conservatively estimated to contribute 25%.

Therefore, the total General Benefit is conservatively quantified at 1.2%, which is more than offset by the total non-assessment contribution towards general benefit of 28%. (1)

C. ASSESSMENT METHODOLOGY
The level of special benefit received by each parcel in the zone is considered to be equal. Therefore, the estimated annual costs of the improvements are apportioned equally to all parcels within the zone, developed or undeveloped.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and therefore are not assessed.

D. ASSESSMENT RANGE FORMULA
Any new or increased assessments require voting, certain noticing, and meeting requirements. Article XIIID added specific requirements including an assessment ballot and weighted tabulation of the ballots to determine if majority protest exists at the Public Hearing. In Fiscal Year 1993/1994 the Brown Act (Government Code Section 54954.6(o)) changed the definition of the term “new or increased assessment” to exclude certain conditions. These conditions included “any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency and approved by the voters in the area where the assessment is imposed.” This definition for a new or increased assessment was also addressed in Senate Bill 919 (the Proposition 218 implementation statutes).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.
(1) SCI Consulting Group (September 2015). City of Yuba City Landscape Maintenance Assessment District No. 2 Engineer’s Report, Fiscal Year 2015/2016. pgs 13-16.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 10 of 15 Generally, if the proposed annual assessment (levy per unit or rate) for the current fiscal year is less than or equals to the “Maximum Assessment” (or “Adjusted Maximum Assessment”), then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the Assessment approved by property owners adjusted annually by the following criteria:
1) Each fiscal year, the Maximum Assessment will be recalculated. 2) The new adjusted Maximum Assessment for the year represents the prior year’s Maximum Assessment adjusted by the percentage change from the previous year to the current year based on the “All Urban Consumers” Consumer Price Index, US City Average (CPI), as compiled by the United States Department of Labor Statistics. Effective Fiscal Year 2017/2018, the CPI month for annual adjustment has changed to January. 3) The Maximum Assessment is adjusted each year independently from the annual assessment. While the actual amount assessed may fluctuate each year, the maximum will continue to be increased and in any given year, the assessment may be applied at the Maximum Assessment.

The Maximum Assessment is adjusted annually and is calculated independently of the District’s annual budget and proposed annual assessment. Any proposed annual assessment (rate per equivalent dwelling unit) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. The City Council may reduce or freeze the Maximum Assessment at any time by amending the Engineer’s Annual Report.

Although the Maximum Assessment will normally increase each year, the actual District assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on District assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessments for the fiscal year does not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment. To impose an increased assessment, the City Council must comply with the provisions of Article XIIID Section 4(c) of the California Constitution, which requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.

Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for the District. If the proposed assessment is not approved, the City Council may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 11 of 15 IV. DISTRICT BUDGET FY 2024/2025
The following provides the proposed budget and associated increased maximum assessment commencing in Fiscal Year 2024/2025. This budget includes the City’s estimate of anticipated expenditures, deficits, surpluses, revenues, and reserve fund balances associated with providing appropriate and adequate annual maintenance and operation of the improvements associated with each zone. The resulting maximum assessment rate established for each zone is based on the budget information presented herein and shall be used to calculate each parcel’s proportional assessment obligation in accordance with the method of apportionment outlined in this Report.

Based on the budget information on the following page, the maximum assessment rate for Zone A will be $710.34 per EBU for Fiscal Year 2024/2025.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 12 of 15

DIRECT COSTS
Heat/Power Utility $8,283.57
Street Lights Power Utility 0.00
Professional Services 0.00
Spec O&M Weed Abatement 0.00
Spec O&M Landscape 28,840.00
Water Utility 526.02
Materials & Supplies 707.40
LMD Lights 0.00
Landscape Labor 2,889.00
Direct Costs Subtotal $41,246.00

ADMINISTRATION COSTS
City Administration Costs $1,781.00
Willdan Financial Services Administration Fees 1,594.96 County Administration Fee 4.20
Miscellaneous Administration Expenses 0.00
Administrative Costs Subtotal $3,380.16
CAPITAL IMPROVEMENT EXPENSES $0.00

LEVY BREAKDOWN
Total Direct and Admin. Costs $44,626.16
Operating Reserve Collection 7,403.01
Capital Reserve Collection 50,000.00
Levy Breakdown Subtotal $102,029.17

LEVY ADJUSTMENTS
Operating Reserve Contribution $0.00
Capital Reserve Contribution 0.00
Additional City Contribution 0.00
Estimated Interest Earnings (2,972.26)
Rounding Adjustment (0.07)
Levy Adjustments Subtotal ($2,972.33)
BALANCE TO LEVY $99,056.84

OPERATING RESERVE
Estimated Balance at June 30, 2024 $148,612.89
FY2024/2025 Collection/(Contribution) 7,403.01
Transfer to Capital Improvement Reserve (100,000.00)
Estimated Balance at June 30, 2025 $56,015.90

CAPITAL IMPROVEMENT RESERVE
Estimated Balance at June 30, 2024 $0.00
FY2024/2025 Collection/(Contribution) 50,000.00
Transfer from Operating Reserve 100,000.00
Estimated Balance at June 30, 2025 $150,000.00

DISTRICT STATISTICS
Total Parcels 14
Total Parcels Levied 14
Total EBU 139.45
Levy per EBU (2024/2025) $710.34
Maximum Levy per EBU - 2023/2024 $689.05
CPI Increase per EBU (3.09%) $21.29
Maximum Levy per EBU - 2024/2025 $710.34
Maximum Levy Amount - 2024/2025 $99,056.91
BUDGET ITEM Zone 2A

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 13 of 15 Appendix A - DISTRICT BOUNDARY MAPS
The original District assessment diagrams including the diagram for Zone of Benefit A were previously approved and submitted to the City in the format required by the 1972 Act. These diagrams are on file in the Office of the City Clerk and by reference are made part of this Report.

The following is a reproduction of the County Assessor’s Parcel Map associated with this District.

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 14 of 15 Yuba City Landscape Maintenance District No. 2

2024/2025 Lighting and Landscape Maintenance District No. 2 Page 15 of 15 Appendix B - 2024/2025 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Sutter County Assessor's map for the year in which this Report is prepared.

A listing of parcels assessed within this District, along with the assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rightsof-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: June 18, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape District Nos. 3-4 - Resolution of Intent Recommendation: A. Adopt the following Resolutions to Continue the Maintenance Districts, pursuant to the Landscaping and Lighting act of 1972:
• Resolution Approving Engineer's Reports, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
• Resolution of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024-25
Fiscal Impact: Receipt of assessments and expenditure of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

To continue to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4 (LLMD 3 and 4) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD 3 and 4 will ensure that street lighting, landscaping and associated items, block walls, detention ponds, and streetend barricades are maintained and in operation.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in LLMD 3 and 4 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed. LLMD 3 and 4 (13 subdivisions located throughout Yuba City) have provisions for a Cost of Living Adjustment COLA which is based on the Consumer Price Index from January to January.

Analysis:

The Engineer's Annual Reports have been prepared and are on file in the City Clerk's office. They describe each district, the improvements therein, the method of assessment, and the proposed assessment for each parcel. The Resolution of Intention to order improvements is required by state law to continue the Districts. The proposed action in these reports sets a public hearing for the Council meeting to be held on July 2, 2024 to establish assessments for the coming year. Both Districts will receive increases in their annual levies. The levies were raised in response to inflation.

Fiscal Impact:

The proposed assessments for FY 2024-25 are shown in Attachment 3.

The projected revenue, expenditures, and cash balance, which include capital reserve for the Districts are as follows:

District Revenue Expenditures Projected Reserve Fund
Balance as of 07/01/25*
3 $17,774.24 $11,048.41 $6,145.80
4 $199,999.56 $152,880.98 $205,619.61
*The Projected Reserve Fund Balance is the total of the Capital Replacement Reserve plus the Operating Reserve.

Alternatives:

Council may direct the modification of the assessment amounts which will affect future revenue and expenditure amounts in FY 2024-25.

Recommendation:

A. Adopt the following Resolutions to Continue the Maintenance Districts, pursuant to the Landscaping and Lighting act of 1972:
• Resolution Approving Engineer's Reports, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
• Resolution of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
B. Set a Public Hearing for July 2, 2024 at 6:00 PM to establish assessments for Fiscal Year (FY) 2024- 25 Attachments:

1. Attachment 1 - Resolution LLMDs 3-4 Approve Engineer's Report

2. Attachment 2 - Resolution LLMDs 3-4 Set Public Hearing Date

3. Exhibit A - District Maps 3-4

4. Attachment 3 - Proposed Assessments - LLMDs 3-4

5. Attachment 4 - Engineer's Reports 3-4
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE ENGINEER’S REPORTS FOR THE YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 3 & 4 (13 SUBDIVISIONS THROUGHOUT

YUBA CITY)
WHEREAS, the City Council of the City of Yuba City previously formed Lighting and Landscape Maintenance District Nos. 3 & 4 (“Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”); and
WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by adopting a Resolution describing improvements and ordering the City Engineer to file a report with regard to the Districts for the 2024-25 Fiscal Year; and WHEREAS, the City Engineer has prepared and filed written reports with the City Clerk entitled “City of Yuba City, Lighting and Landscape Maintenance District No. 3, Zone of Benefit A, (Palisades Subdivision), 2024/2025 Engineer’s Annual Levy Report,” and “City of Yuba City, Lighting and Landscape Maintenance District No. 4, Zones of Benefit A, B, C, & D, (Butte Vista Neighborhood), 2024/2025 Engineer’s Annual Levy Report,” (the “Engineer's Reports”) as called for in said Resolution and under and pursuant to said Act, which report has been presented to this City Council for consideration; and
WHEREAS, said City Council has duly considered said Engineer’s Reports and each and every part thereof, and finds that each and every part of said reports is sufficient, and that no portion of the reports require or should be modified in any respect.

WHEREAS, the City Council desires to formally approve the Engineer’s Reports, as filed, pursuant to Section 22623 of the Act.

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

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

2. The City Council finds that the Engineer’s estimates prepared by the City Engineer of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said Engineer’s Reports be, and each of them are hereby, preliminarily approved and confirmed.

3. The City Council finds that the diagram showing the Districts referred to and described in said Engineer’s Reports, the boundaries of the subdivisions of the land within said Districts, is the same as existed at the time of passage of said Resolution and is hereby preliminarily approved and confirmed.

4. The City Council finds that the proposed assessment upon the subdivisions of land in said Districts is in proportion to the estimated benefit to be received by said subdivisions, respectively, from the work and incidental expenses as contained

and detailed in the Engineer’s Report, which is hereby preliminarily approved and confirmed.

5. The City Council hereby approves the “City of Yuba City, Lighting and Landscape Maintenance District No. 3, Zone of Benefit A, (Palisades Subdivision), 2024/2025 Engineer’s Annual Levy Report,” and “City of Yuba City, Lighting and Landscape Maintenance District No. 4, Zones of Benefit A, B, C, & D, (Butte Vista Neighborhood), 2024/2025 Engineer’s Annual Levy Report.” Said reports shall serve as the Engineer’s Reports for the purposes of subsequent proceedings for Lighting and Landscape Maintenance District Nos. 3 and 4.

6. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

ATTACHMENT 2

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 3, & 4 (13

SUBDIVISIONS THROUGHOUT YUBA CITY) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1973, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS

THERETO
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) requires the review of annual assessment of existing Districts; and
WHEREAS, the City Council of the City of Yuba City previously formed Landscape Maintenance District Nos. 3 and 4 (“Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”); and
WHEREAS, assessments levied within the Districts provide revenue for the purposes of the servicing, operation, maintenance, repair, and replacement of the street lights, walls, landscape strip, planters, landscape material, irrigation systems, median landscaping, street trees, detention pond, and detention pond landscape strip surrounding the developments; and WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by adopting a Resolution describing improvements and ordering the City Engineer to file reports with regard to the Districts for the 2024-25 Fiscal Year; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such reports (the “Engineer’s Reports” with the City Clerk, and the City Clerk has presented the Engineer’s Reports to the City Council; and
WHEREAS, on June 18, 2024, the City Council adopted a Resolution approving the Engineer’s Reports as filed, pursuant to Section 22623 of the Act; and WHEREAS, in accordance with Section 22624 of the Act, the City Council now desires to declare its intention to levy and collect the assessments within the Districts for Fiscal Year 2024-25, and to call a public hearing thereto.

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

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

2. The City Council hereby (1) finds that the public interest and convenience requires, and (2) declares its intention to order, the levy of and collection of assessments against the assessable lots and parcels of property within existing assessment districts designated Landscape Maintenance District Nos. 3 and 4 (“Districts”), pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay for the costs and expenses of the improvements described below in Section 4 of this Resolution.

3. The boundaries of the Districts are generally located and depicted in “Exhibit A” attached hereto.

4. The proposed improvements are briefly described as follows: the servicing, operation, maintenance, repair, and replacement of the street lights, walls, landscape strip, planters, landscape material, irrigation systems, median landscaping, street trees, detention pond, and detention pond landscape strip surrounding the developments.

5. The assessments to be levied and collected against the assessable lots and parcels of property within the Districts for Fiscal Year 2024-25 are to be modified as follows: assessments for District Nos. 3 and 4 for Fiscal Year 2024-25 are proposed to increase from the previous year as described in the Engineer’s Report, but are still within or less that the amount approved for said Districts at the time of the Districts’ respective formations.

6. By previous resolution, the City Council directed the City Engineer to prepare and to file Engineer’s Reports pursuant to the provisions of the Act. The Engineer has prepared and filed written reports with the City Clerk that are titled “City of Yuba City, Lighting and Landscape Maintenance District No. 3, Zone of Benefit A, (Palisades Subdivision), 2024/2025 Engineer’s Annual Levy Report,” “City of Yuba City, Lighting and Landscape Maintenance District No. 4, Zones of Benefit A, B, C, & D, (Butte Vista Neighborhood), 2024/2025 Engineer’s Annual Levy Report,” and by previous resolution the City Council approved the Engineer’s Reports as filed. Reference is made to the Engineer’s Reports on file in the Office of the City Clerk and open to public inspection for a full and detailed description of the improvements, the boundaries of the Districts, and the proposed assessments upon assessable lots and parcels of land within the Districts. The Office of the City Clerk is located at 1201 Civic Center Boulevard, Yuba City, CA 95993.

7. Notice is hereby given that the City Council designates July 2, 2024, at 6:00 p.m., in the City Council Chambers, City Hall, 1201 Civic Center Boulevard, Yuba City, CA, as the date, time, and place for the hearing of protests or objections to the levy of the proposed assessments in connection with the Districts. All interested persons shall be afforded the opportunity to hear and be heard. The City Council

shall consider all oral statements and all written protests or communications made or filed by any interested person. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer. Written protests may be delivered in person to the City Clerk or may be mailed to the City Clerk at City Hall, 1201 Civic Center Boulevard, Yuba City, CA 95993. Any written protest that is mailed must be received at City Hall at or prior to 4:30 p.m. on July 2, 2024.

8. The City Clerk shall give notice of the aforesaid date, time, and place of the hearing in accordance with law.

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 18th day of June, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – District Maps

EXHIBIT A

BIRMINGTON DR

BUCKINGHAM DR

CLARK AVE

PARKBROOK CT

HERITAGE DR

GRAY AVE

NORWICH WAY

VISTA CT

BRAR CT

MANCHESTER WAY

SANTA BARBARA WAY

KENSINGTON WAY

WESTM NI STER DR

BRISTOL CT

OAKVIEW DR

NORTH POINT DR

BARWICK WAY

LANCASTER WAY

YORK DR

NEWCASTLE DR

GREENHAVEN DR

BRIARWOOD CT

SWARN CT

BAYWOOD CT

WHITNEY DR

PROVIDENCE CT

BRIGHTON WAY

CARLISLE WAY

NORTHWOODS DR

CAMDEN WAY

NORTH RIDGE DR

OXFORD CT

MAYFLOWER WAY

BEYMER LOOP
HWY 99

PORTSMOUTH DR

E ONSTOTT FRTG RD

WOODLAND DR

GREENGAT E ST

WILLOW CREEK DR

BROOKSIDE CT

FO RESTV EI W DR

SKYLINE DR
3A
Lighting & Landscape
Maintenance District No. 3
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

SUNSWEET BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

SHANGHAI BEND RD

HARTER PKWY

THARP RD

HOOPER RD

STEWART RD

STABLER LN

LIVE OAKBLVD RAILROAD AVE

BRIDGE ST

S GEORGE WASH NI GTON BLVD

LINCOLN RD

FRANKLIN RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE

GARDEN HWY
Highway 20
Highway 99
8 Legend
Maintenance Districts μ City Limits

4A
4C
4D_3
4D
4D_2
4B 4D

LIZANNE DR

COLE CT

NINA WAY

PATTY DR

STABLER LN

BLEV NI RD

PEASE RD

BUTTE VISTA LN

DOROTHY LN

SPR GI CT

RIVER BE ND CT

HAWK CT

CARTAGENA DR

STABLER PARK DR

TRES PICOS DR

OAKBROOK CT

ROBIN CT

TUMBER WAY

MONTCLAIR DR

PARC WEST DR

MESS NI A DR

QUA LI CT

JAMIE DR

S EI NNA WAY

W ONSTOTT FR TG RD

OSPREY CT

VINTAGE CT

PIN TAIL CT

REGENCY WAY

PLUM CT

DOVE CT

RACHEL CT

NORTHF EI LD CT

OAKBROOK DR

GURJ WAY

EMILY LN

GROUSE WAY

RICH LN

SOMERSET WAY

PROVENCE DR BROOKFIELD CT

NORTHFIELD DR

CUMMINGS CT

RIO VISTA SAMUEL JAMES CT

COLIN CT

CANDACE CT

KENDALL CT
BAL CT

MALKIT CT

SATORI WAY

PHEASANT DR

CHLOE CT

MEHAR CT

RAVI CT

SUKH DR

PABLA CT

VALLEY CT

PARC EAST DR

LORRAINE WAY

BUTTE BEND LN

MEADOWLARK WAY

CHANDLER WAY

REBECCA DR

BUTTEVISTA
L N
Lighting & Landscape
Maintenance District No. 4
Zones of Benefit

QUEENS AVE

S WALTON AVE

CLARK AVE

GRAY AVE

BUTTE HOUSE RD

FRANKLIN AVE

WESTERN PKWY

SUNSWEET BLVD

N WALTON AVE

PLUMAS ST

ROYO RANCHERO RD

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

OHLEYER RD

SHANGHAI BEND RD

HARTER PKWY

THARP RD

HOOPER RD

TIERRA BUENA RD

STABLER LN

RAILROAD AVE

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

GRAY AVE

LINCOLN RD

CLARK AVE

FRANKLIN RD

PEASE RD

GARDEN HWY

BOGUE RD
Highway 20
Highway 99 Highway 99
Legend
Maintenance Districts
City Limits

ATTACHMENT 3

DISTRICT 3-4 PROPOSED ASSESSMENTS
District Zone of Benefit
FY 2023-24
Proposed Levy
Rate ($)
Change From
Previous Year
($)
Maximum
Levy Rate
Allowed ($)
3 A $201.98 $6.06 $201.99
A $346.02 $43.26 $528.88
B $346.02 $43.26 $716.25
C $346.02 $43.26 $434.60
4 D $346.02 $43.26 $389.37

ATTACHMENT 4

2024/2025 Lighting and Landscape Maintenance District No. 3 Page 15 of 15

City of Yuba City

Lighting and Landscape
Maintenance District No. 3
Zone of Benefit A
(Palisades Subdivision)

2024/2025 ENGINEER’S ANNUAL LEVY REPORT

Initiation Meeting: May 7, 2024
Intent Meeting: June 18, 2024
Public Hearing: July 2, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
City of Yuba City
Sutter County, State of California
Yuba City Lighting and Landscape Maintenance District No. 3 Zone of Benefit A (Palisades Subdivision)
This Report describes the District including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Sutter County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
By: ________________________________
Tony Thrasher
Principal Consultant
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 2
II. PLANS AND SPECIFICATIONS 3
A. DESCRIPTION OF THE DISTRICT 3
B. DESCRIPTION OF THE IMPROVEMENTS 3
III. METHOD OF APPORTIONMENT 5
A. BENEFIT ANALYSIS 5
B. ASSESSMENT METHODOLOGY 8
C. ASSESSMENT RANGE FORMULA 8
IV. DISTRICT BUDGET FY 2024/2025 11
APPENDIX A - DISTRICT BOUNDARY MAPS 13
APPENDIX B – 2024/2025 ASSESSMENT ROLL 15

2024/2025 Lighting and Landscape Maintenance District No. 3 Page 1 of 15 I. OVERVIEW
A. INTRODUCTION
The City of Yuba City (“City”) annually levies and collects special assessments in order to maintain and service landscape improvements that provide special benefit to the Yuba City Lighting and Landscape Maintenance District (“District”).

The District is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The District assessments were approved by the property owners of record through a protest ballot proceeding at the time the District was formed in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (“Article XIIID”).

This Engineer’s Annual Levy Report (“Report”) has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2024/2025. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a direct and special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel’s special benefits.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the County of Sutter (“County”) Assessor’s Office. The County Auditor/Controller uses APNs and specific fund numbers to identify properties assessed for special district benefit assessments on the tax roll.

Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2024/2025.

2024/2025 Lighting and Landscape Maintenance District No. 3 Page 2 of 15 The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel within the District. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 6, 1996, California voters approved Proposition 218 by a margin of

56.5% to 43.5%. All assessments described in this Report and approved by the City Council are prepared in accordance with the Act and are in compliance with the provisions of the California Constitution Article XIIID (Proposition 218).

Pursuant to the California Constitution Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that all improvements and the annual assessments originally established for the District were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5(b), all the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, the pre-existing assessment amounts are exempt from the procedural requirements Article XIIID Section 4.

The District has been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code.

Pursuant to the Act, an annual Public Hearing is conducted by the City Council to accept property owner and public comments, to review the Engineer’s Annual Levy Report prior to approving the annual assessments to be levied on the County tax rolls. The assessments described in this Report have been prepared in accordance with the Act.

The City affirms that the assessments contained in this report were imposed in accordance with a consent and waiver by 100% of the property owners as part of the original development approval for the properties within the District. Therefore, the City has determined that pursuant to Article XIIID Section 5(b) the maximum assessment previously approved and levied for this District prior to the passage of Proposition 218 are considered exempt, provided the assessments are not increased above these previously approved maximum assessment rates.