Yuba City City Council
July 2, 2024

• Review potentially relevant documents for the Site, e.g., past Phase I ESAs and Phase II report, provided by the City.
3 • Provide to the City a User Questionnaire consistent with ASTM E1527-21 and review the results of the completed Questionnaire.
• Provide to the City, as current Owner of the Site, a Phase I ESA Questionnaire to be completed. • Search publicly available environmental regulatory agency websites, e.g., GeoTracker in California, for the Site or potentially relevant adjoining or nearby properties. • Request, obtain, and review environmental regulatory agency files for the Site or nearby sites of potential interest. Such agencies will include the Water Board, DTSC, the County, and the Feather River Air Quality Management District (FRAQMD).
• Conduct a visual walk-through survey of readily accessible and observable areas of the Site and vicinity, and interview key site persons reportedly knowledgeable of the Site, if identified by the City and if contact information is provided by the City.
• Prepare a written Draft and Final Phase I ESA report for the Site with key figures and supporting documentation attached. The City will review and comment on the Draft Phase I ESA report. EKI can provide the Final Phase I ESA report to the Water Board through GeoTracker upload, if needed.

Task 2. Bench-Scale Testing
Task 2a – Bench-Scale Testing Work Plan
EKI proposes to prepare a written bench-scale testing work plan (Bench-Scale WP) for submittal to Water Board that will describe a bench-scale study of in-situ remedial techniques that could be utilized to treat chemicals of concern at the Site. The Bench-Scale WP will contain the following primary elements: (1) a description of Site conditions (Site geology, in-situ conditions, chemicals of concern), summarized from the CSM/RIWP; (2) a remediation technology screening matrix to identify up to four bench-scale remedial technologies; and (3) a work plan describing the procedures required to collect Site soil and conduct a bench-scale test.

A Draft of the Bench-Scale WP will be submitted to the City for review and comment. Following receipt of comments from the City on the Draft Bench-Scale WP, a Final, signed Bench-Scale WP, stamped by a California Registered Professional geologist or engineer, will be submitted to the Water Board via Geotracker upload. EKI will be available to discuss the Bench-Scale WP with the Water Board, and will respond to comments on the Bench-Scale WP, if any, from the Water Board. The proposed budget for this task assumes that EKI will participate in one virtual meeting with Water Board staff and submit one revised Final Bench-Scale WP to the Water Board, based on comments 3 Prior to the start of our work, EKI has assumed that the City will provide to EKI all documents and information regarding the site that is reasonably necessary for EKI to provide its services. EKI shall be entitled to rely upon the adequacy and accuracy of documents and information provided by the City, the City’s other consultants and contractors, and other third-parties (collectively “City Information”) in performing the services. EKI assumes no responsibility or liability for the accuracy or completeness of City Information; however, EKI will advise the City if it becomes aware of an error or omission in the City Information. City Information will remain the property of the City; however, EKI may keep a copy of all City Information for the completion of its records.

received. If the level of effort to respond to Water Board comments exceeds EKI’s assumption for this activity, EKI will discuss with the City.

To compress the overall project schedule, the Bench-Scale WP will be prepared concurrently with Task 1a (Conceptual Site Model and Remedial Investigation Work Plan), and may be submitted as an appendix to the CSM/RIWP.

This task includes agency communications and project management as described above.

Task 2b. Bench-Scale Testing Implementation
EKI proposes to conduct bench-scale testing of selected in-situ remedial technologies to evaluate their efficacy of treating chemicals of concern and their ability to meet cleanup goals at the Site.

Based on Site information currently available, the primary chemicals of concern expected to be present at the Site at elevated concentrations are metals (arsenic and lead) and organochlorine pesticides (dieldrin, DDD, DDE, and DDT).

Specific bench-scale testing methods will be determined during preparation of the Bench-Scale WP.

Based on the perliminary Site information provided, EKI expects to test the efficacy of the following technologies to meet cleanup goals: soil washing and/or or soil stabilization remedial technologies to address metal contamination and in-situ oxidation and/or reduction remedial technologies to address organochlorine pesticides. These technologies are alternatives to the proven and presumptive technologies typically employed for the Site COCs, and this approach is consistent with DTSC’s recommned ECRG best practices.

To compress the overall project schedule, the bench-scale testing will be conducted concurrently with Task 3 (Remedial Investigation). EKI will collect samples of soil from the Site to be submitted to a subcontracted remediation bench-scale testing laboratory (Prima Environmental in Rancho Cordova, California) for evaluation during remedial investigation activities. These soil samples will first be evaluated using U.S. EPA Method 1340 to measure bioavailability of metals in soil; EKI will coordinate with Prima Environmental to identify which remedial technologies would be suitable for treating metals in Site soil based on these results. Following selection of appropriate remedial technologies, Prima Environmental will conduct a one-month bench-scale testing of the soil. EKI will present the results of bench-scale testing in the Remedial Investigation and Bench-Scale Testing Combined Report, described in Task 4 below.

This task includes agency communications and project management as described above.

Task 3. Remedial Investigation Implementation
Following CSM/RIWP approval by the Water Board,4 EKI will implement the subsurface investigations at the Site, as described below. The primary objectives of the subsurface investigations are to: (1) provide further characterization of the extent of chemicals of potential concern in the subsurface to inform on potential remedial and/or mitigative options, and (2) attempt to identify and locate the source or sources for the on-Site contamination (e.g., potential former USTs that may site still exist in the subsurface), and (3) evaluate potential exposure and migration pathways for potential 4 Water Board review is assumed to require 60 days.

chemicals of concern at the Site. It should be noted that numbers and/or locations of samples, as well as proposed analyses, may change based on comments received from the Water Board on the CSM/RIWP, with accompanying budget adjustments.

This task includes agency communications and project management as described above.

Task 3a – Preparation for Field Investigation
Prior to conducting on-site field work and sample collection, EKI will perform the following activities:
• Prepare a Site-specific Health & Safety Plan (if not prepared as part of Task 1a) • Coordinate with the City regarding the planned sampling activities, schedule, and timing of work; • Assess what scope components require permitting (e.g., permits are only needed for boreholes deeper than 5 feet), submit to the County a drilling permit application and fee, and coordinate with the County for permit approval;
• Conduct a site visit with the City personnel to scope and mark planned sampling locations, and mark for Underground Services Alert (USA);
• Contact USA at least 3 days prior to sampling;
• Prepare a work authorization for the drilling subcontractor and obtain certificates of insurance; • Coordinate with a private utility locator to screen the planned borehole locations for the presence of subsurface utilities or other buried structures. Review previous geophysical survey results with locator and conduct additional geophysical survey in one work day; • Coordinate with a licensed professional land surveyor to record coordinates of installed soil vapor probes; and
• Coordinate with the analytical laboratory to obtain the appropriate soil, soil vapor, and groundwater sample containers.

Task 3b – X-Ray Fluorescence (XRF) Investigation
Given the Site use history and undocumented material handling and disposal practices for chemicals at the Site, EKI proposes a Sitewide investigation to evaluate metals contamination (i.e., arsenic and lead) in shallow soil using a field portable XRF device. The XRF device provides real-time multi-metal field analyses of in-situ soil and sediments relatively quickly (approximately 5 minutes for each analysis). This approach allows for the identification of potential source areas since it is likely that elevated metals in shallow soil are co-located with other contaminants known to be used and/or stored on-Site. The XRF field screening tool will be used in two tasks: (1) to define the horizontal extent of arsenic and lead contamination (and thereby other contaminants) Sitewide screening of surface soils (this Task 3b), and (2) during subsequent drilling investigations to delineate the vertical extent of metals contamination encountered in drill cuttings generated from hand augering (Task 3c) and in soil cores from direct-push drilling (Task 3d).

A brief overview of the proposed XRF investigation is outlined below; more details appropriate for regulatory submittal to describe these components will be provided in the Work Plan (Task 1 above). • Conduct a Sitewide scan at the ground surface to understand the distribution of arsenic and lead in surficial soil. The Site will be divided into 15- to 20-feet grids, with a sampling location at each grid node.

• At each sampling location, an XRF reading will be recorded in accordance with EPA Method 6200.

Up to 650 nodes may be assessed as part of this survey (up to three days of work by a two-person crew, with each person collecting XRF measurements). The detected concentrations of arsenic and lead will be documented at each node. For field quality assurance and quality control (QA/QC) purposes, the XRF will be checked using a calibration standard before sample analysis begins on each working day and approximately every 20 readings, consistent with U.S. EPA Method 6200.
• In accordance with U.S. EPA Method 6200, splits of up to 10% of samples field-tested by XRF will be submitted to a state-certified laboratory for arsenic and lead analysis using U.S. EPA Method 6020 (up to 70 soil samples).

The results of XRF screening for horizontal delineation will be used to guide locations of boreholes that will subsequently be completed as described below. The XRF will then be used during these activities to provide real-time data for guiding soil sampling depths.

Task 3c – Collection and Analysis of Shallow Soil and Soil Vapor Samples EKI proposes to advance up to a total of 29 boreholes at the Site to collect soil samples. Following soil sampling, 20 of the 29 boreholes will be converted to soil vapor probes (SVPs). An additional 18 boreholes will be advanced for collection of shallow groundwater samples and deeper soil samples (see Task 3d below).

An overview of the sampling rationale is presented below, and areas of concern (i.e., RECs) previously identified in the prior Phase I ESA report are italicized.

Area Description/Sampling Rationale
Number of Proposed
Locations1
Soil
Boreholes2
Soil
Vapor
Probes
Former Rinsewater Collection
Sump #1 and Dry Well Area
(2011 test pits TP-9B and TP-10,
and borehole B-3)
 Water disposed within sumps during FMC
operations.
 Suspected location of abandoned well.
 ~150-foot long, 10-inch buried pipe at ~ 2
feet bgs.
4 1
Former Covered Truck Parking and
Loading Dock;
Former Concrete Drainage Area3
 2011 arsenic and lead in shallow soil
exceed residential ESLs.
 ~150-foot long, 10-inch buried pipe at ~ 2
feet bgs.
7 2
Former 55-Gallon Drum Storage
Area
(2011 test pits TP-3 and TP-4, and
borehole B-1)
 Spray oil drums were stored; leaking drums
historically observed. 2 0
Former Tank Area
(2011 borehole B-5)
 Tank of unknown volume and contents
observed historically; fate of tank
unknown.
2 0

Area Description/Sampling Rationale
Number of Proposed
Locations1
Soil
Boreholes2
Soil
Vapor
Probes
Former Truck Scale and Storage
Shed Area
(2011 borehole B-8 and test pit TP12)
 Highest concentrations of lead in 2011, up
to 8 feet bgs, associated with discolored
soil and buried metal debris and wires.
3 1
Former Soldering Room Area;
Former Sun-Maid Raisin Packing
Room Area
(2011 boreholes B-3 and B-7 and
test pits TP-9a, TP-11, TP-15, TP16, TP-18, TP-19)
 Concentrations of metals (arsenic and
lead), SVOCs, and pesticides exceed
residential ESLs in shallow soil.
4 2
Former Shop and Chemical Cart
Area
(2011 borehole B-6 and test pits
TP-9d, TP-9e, and TP-13)
 40-gallon chemical cart storage; later a
shop building for truck repair. 2 2
Former Spray Chemical
Warehouse Area
(2011 borehole B-2)
 FMC stored pesticide containers in this
area.
2 1
Former Railroad Spur Area;
Former Independent Electric Plant
(IEP) Area
(2011 test pits TP-17, TP-18, and
TP-19)
 Elevated arsenic and lead in soil in the
Railroad Spur Area.
 TPH compounds (e.g. Kerosene or Stoddard
Solvent) may have been used as fuel
sources in the IEP Area.
3 1
Additional Locations Within and
Outside of REC Areas  To provide spatial coverage. 184 10 Asbestos Sitewide  Evaluate unknown disposal of former building materials that could be asbestos.
composites
from above
locations5
--
NOTES:

1. Additional samples to be collected in Task 3d (see further below) include shallow groundwater sample(s) and deeper soil samples, if needed.

2. The number of proposed boreholes listed will serve as the maximum number of boreholes in each area and is subject to modification based on encountered field conditions. At each location, soil sampling is proposed at three depth intervals: from 1.0-1.5 feet bgs (within fill soils), 3-3.5 feet bgs, and 5-5.5 feet bgs and may be adjusted based on encountered field conditions and field instrument readings.

3. Former Covered Truck Parking and Loading Dock and Former Concrete Drainage Area are downgradient of Former Rinsewater Collection Sump #1 and Dry Well Area.

4. The planned 18 boreholes outside of REC Areas may be adjusted and located within REC Areas if preparatory utility/geophysical scanning results or initial investigations (Task 3b) results indicate it would be favorable to do so. Soil samples may not be collected in the upper 5 feet if shallow soil results dictate that no deeper sampling is required.

5. Up to 3 composite soil samples for asbestos analysis will be collected from boreholes at the above locations and grouped into 3 areas of the Site – northern, central, and southern to reduce analytical

costs. The shallowest soil sample depth at these locations will be used for compositing. Depths may be adjusted based on presence of encountered building materials.

SVP locations will be surveyed by a professional land surveyor as semi-permanent vapor monitoring wells. The remaining borehole locations will not be surveyed but will be measured to nearest prominent landmarks on the Site, e.g., distances from property boundary or street intersections and/or geolocated using a handheld Global Positioning System (GPS) device.

Advancement of Shallow Boreholes and Soil Sampling
As listed in the Table above, each of the 29 boreholes installed for shallow soil and soil vapor sampling will be advanced using a hand auger to approximately 5.5 feet bgs, or until auger refusal.

Three (3) soil samples for submittal to the analytical laboratory for chemical analyses will be collected from each of the boreholes at the following depths:
• 1.0-1.5 feet bgs (within fill soils);
• 3-3.5 feet bgs; and
• 5-5.5 feet bgs.

Soil cuttings produced during borehole hand augering will be logged under the supervision of a Professional Geologist licensed in the State of California. An organic vapor meter equipped with a Photoionization Detector (PID) will be used to screen the soil cuttings from the boreholes for VOCs, and an XRF will be used to measure metals concentrations and identify the vertical extent of contamination (as described above in Task 3b). Soil sample depths may change based on the presence of visual staining, odors, or PID/XRF readings. Following completion of drilling and soil sampling, an SVP will be constructed in 20 of the 29 boreholes, as discussed below.

Construction and Sampling of SVPs
The SVPs will be constructed in general accordance with the California-Environmental Protection Agency’s (Cal-EPA) July 2015 guidance entitled Advisory – Active Soil Gas Investigations and EKI’s SOPs. A brief overview of the SVP construction and sampling task description components is outlined below; more details appropriate for regulatory submittal to describe these components will be provided in the Work Plan (Task 1a above).
• SVP construction and backfilling materials and approach (SVPs will be screened between 5-5.5 feet bgs);
• Decontamination approach for reuseable SVP installation equipment; • SVP purging and sampling procedures, for sampling after at least 48 hours of equilibration time.

Two events of soil vapor sampling are proposed, one round during the initial field work mobilization (wet season ending in May) and one approximately six months later (during the dry season, June through September);
• QA/QC sample collection, planned to include leak testing using 1,1-difluoroethane (DFA)(shroud sampling) during collection of each soil vapor sample and collection of two duplicate soil vapor samples, one from an SVP in the former Shop and Chemical Cart Area and one from another SVP with the highest observed PID detections during SVP installation;

• Sample packaging and transport to K-Prime, Inc. (K-Prime) of Santa Rosa, California, a State of California-certified environmental testing laboratory under chain-of-custody procedures;5 and • Procedures for destroying the 20 SVPs following completion of soil vapor sampling.

The budget for this task assumes that following the second round of soil vapor sampling and Water Board approval of the results, the 20 SVPs will be destroyed in accordance with a permit obtained from the County and will be completed in one workday.

Laboratory Analysis of Shallow Soil and Soil Vapor Samples Each of the three (3) soil samples collected at the shallower depths from the 29 boreholes (up to 87 total soil samples) will be analyzed on a standard 10-working day turnaround time for the following compounds by Eurofins Calscience (Calscience) of Tustin, California:
• Organochlorine pesticides using U.S. EPA Method 8081; • Total petroleum hydrocarbons as gasoline, diesel, and motor oil using U.S. EPA Method 8015m; • VOCs using U.S. EPA Method 8260;
• SVOCs (including PAHs) using U.S. EPA Method 8270;
• Title 22 metals6 using U.S. EPA Method 6020/7471;
• PCBs using U.S. EPA Method 8082 with microwave extraction by U.S. EPA Method 3546; and • Percent moisture (for direct comparison of analytical results to environmental regulatory agency screening levels, which are presented in dry weight).

For each round of soil vapor well sampling, up to 20 soil vapor samples and 2 duplicate soil vapor samples will be analyzed by K-Prime for the following:
• VOCs using U.S. EPA Method TO-15 SIM; and
• DFA (leak check compound) using U.S. EPA Method TO-3.

Each of the 20 shroud samples will be analyzed for DFA using U.S. EPA Method TO-3.

The vapor samples will be analyzed on a standard 10-working day turnaround time from receipt of the samples by the laboratory.

Task 3d – Collection and Analysis of Deep Soil and Shallow Groundwater Samples
In addition to the 29 shallow soil and soil vapor sampling boreholes (Task 3c above), EKI proposes to advance 18 additional dedicated boreholes for the purposes of collecting deeper soil samples below approximately 5 feet bgs and up to 11 shallow groundwater samples, including one duplicate.

An overview of the sampling rationale is presented below, and areas of concern (i.e., RECs) previously identified in the Phase I ESA report are italicized. 5 K-Prime and Calscience are State of California Environmental Laboratory Accreditation Program (ELAP)- certified laboratories.
6 Title 22 metals include antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, lead, mercury, molybdenum, nickel, selenium, silver, thallium, vanadium, and zinc. EKI has assumed up to 10% of soil samples will require the Waste Extraction Test and be analyzed for one metal.

Area1
Number of Proposed Locations
Deep Soil
Boreholes2
Grab Groundwater
Samples
Former Rinsewater Collection Sump #1 and Dry Well Area 4 23 Former Covered Truck Parking and Loading Dock;
Former Concrete Drainage Area4 5 3
Former 55-Gallon Drum Storage Area 1 1
Former Tank Area 1 1
Former Truck Scale and Storage Shed Area 2 1
Former Soldering Room Area; Former Sun-Maid Raisin Packing Room Area 1 0
Additional Locations Outside of REC Areas 4 3
NOTES:

1. Refer to the Table in Task 3c for 2011 investigation locations and REC area description/sampling rationale.

2. The number of proposed boreholes listed will serve as the maximum number of boreholes in each area and is subject to modification based on encountered field conditions. At each location, soil sampling is proposed at three depth intervals: from 8-8.5 feet bgs, 10-10.5 feet bgs, and 15-15.5 feet bgs and may be adjusted based on encountered field conditions and field instrument readings. An additional sample may also be collected from 5.0-5.5 feet bgs if not collected in Task 3c above. Deep soil samples may not be analyzed if shallow soil results dictate that no deeper sampling is required.

3. Includes one duplicate groundwater sample for field QA/QC purposes.

4. Former Covered Truck Parking and Loading Dock and Former Concrete Drainage Area are downgradient of Former Rinsewater Collection Sump #1 and Dry Well Area.

The groundwater/deep soil sampling borehole locations will not be surveyed but will be measured to nearest prominent landmarks on the Site, e.g., distances from property boundary or street intersections and/or geolocated using a handheld GPS device.

Borehole Drilling and Groundwater/Deep Soil Sampling
A brief overview of the groundwater sampling and analysis task description components, consistent with EKI’s SOPs, is outlined below; more details appropriate for regulatory submittal to describe these components will be provided in the Work Plan (Task 1a above). • Direct push technology equipment and methods for borehole advancement to a depth of approximately 20 to 25 feet bgs, the expected depth of the groundwater table, including approaches to prevent cross-contamination;
• Field observations and measurements to be collected during borehole advancement (soil logging under the supervision of a Professional Geologist registered in the State of California and PID readings); • Groundwater sampling methods, equipment, and materials; • QA/QC sample collection, planned to consist of one duplicate groundwater sample collected at the location nearest to the former Rinsewater Collection Sump #1 and Dry Well. One travel blank will accompany the sample containers to and from the laboratory for field QA/QC procedures; • Sample packaging and transport to Calscience, a State of California-certified environmental testing laboratory under chain-of-custody procedures; and
• Decontamination procedures for reuseable sampling and downhole drilling equipment; and

• Retraction grouting methods for borehole sealing after sampling, as required by the the County drilling permit.

Up to three (3) soil samples for submittal to the analytical laboratory for chemical analyses will be collected from each of the boreholes at the following depths:
• 5.0-5.5 feet bgs (as needed if not collected in Task 3c above); • 8-8.5 feet bgs;
• 10-10.5 feet bgs (for potential cost savings, this sample will be held at the laboratory pending analysis of the shallower samples); and
• 15-15.5 feet bgs (for potential cost savings, this sample will be held at the laboratory pending analysis of the shallower samples).

Soil cuttings produced during borehole advancement will be continuously logged under the supervision of a Professional Geologist licensed in the State of California. An organic vapor meter equipped with a PID will be used to screen the soil cuttings from the boreholes for VOCs. Soil sample depths may change based on the presence of visual staining, odors, or PID/XRF readings. Following completion of drilling and soil sampling, the boreholes will be retraction/tremie grouted as required by the County drilling permit.

Laboratory Analysis of Grab Groundwater Samples
Up to 11 grab groundwater samples will be shipped via courier to Calscience, the analytical laboratory. The grab groundwater samples, plus one duplicate sample and one travel blank, will each be analyzed for the following chemical compounds:
• Organochlorine pesticides using U.S. EPA Method 8081; • TPH as gasoline, diesel fuel and motor oil using U.S. EPA Method 8015; • SVOCs using U.S. EPA Method 8270; and
• VOCs using U.S. EPA Method 8260.

The groundwater samples will be analyzed on a standard 10-working day turnaround from receipt of the samples at the laboratory.

The first soil sample collected at shallower depths from the 18 boreholes for groundwater/deep soil sample collection (up to 18 total soil samples) will be analyzed for the following compounds:
• Organochlorine pesticides using U.S. EPA Method 8081; • Total petroleum hydrocarbons as gasoline, diesel, and motor oil using U.S. EPA Method 8015m; • VOCs using U.S. EPA Method 8260;
• SVOCs (including PAHs) using U.S. EPA Method 8270;
• Title 22 metals using U.S. EPA Method 6020/7471; and
• Percent moisture (for direct comparison of analytical results to environmental regulatory agency screening levels, which are presented in dry weight).

For purposes of preparing a project analytical budget, with a focus on cost savings, EKI has assumed that the soil sample collected from the shallowest depth will be submitted for analysis on an accelerated 5-working day turnaround, such that if the results indicate that some or all of the deeper soil samples should be analyzed, the soil samples can be analyzed within the designated laboratory

hold times. The proposed budget assumes the 30 remaining deeper soil samples placed on hold will be subsequently analyzed for at least two chemicals of concern that may exceed Water Board residential ESLs.

Task 3e – Management of Investigation-Derived Wastes (IDW) Soil cuttings resulting from soil, SVP, and grab groundwater borehole drilling operations, as well as groundwater purge water or decontamination wastewater, will be placed in 55-gallon metal drums that will be sealed, labeled, and stored at the Site in a secure location determined via communication with the City until the waste can be characterized and disposed of at an off-site permitted waste management facility (typically six to eight weeks of storage are needed). Three samples (two composite soil samples and one water sample) of the IDW will be analyzed for the following chemical constituents:
• Organochlorine pesticides using U.S. EPA Method 8081; • TPH as gasoline, diesel, and motor oil using U.S. EPA Method 8015m; • VOCs using U.S. EPA Method 8260;
• SVOCs (including PAHs) using U.S. EPA Method 8270;
• Title 22 metals7 using U.S. EPA Method 6020/7471; and • PCBs using U.S. EPA Method 8082.

EKI will assist the City with disposal of the IDW. EKI will make one visit to the Site either during or shortly following the removal of the IDW containers to confirm that the IDW containers have been removed from the Site. The proposed budget for this task assumes up to six 55-gallon drums can be disposed of as non-hazardous waste and one 55-gallon drum will be disposed of as non-RCRA California hazardous waste.

In providing environmental services associated with IDW, the City understands and agrees that EKI is not, and has no responsibility as, a generator, operator, treater, storer, arranger, transporter, or disposer of hazardous or toxic substances found or identified at the Site, including IDW. If wastes are characterized or otherwise determined to be RCRA-hazardous wastes, the budget and scope for removal and disposal of the IDW will be discussed with the City.

Task 4. Investigation Report
Task 4a. Remedial Investigation and Bench-Scale Testing Combined Report EKI will present the results from the remedial investigation conducted in Task 3 and the bench-scale remedial technology testing in Task 2b in a Remedial Investigation and Bench-Scale Testing Combined Report (Combined Report) for submittal to Water Board.

The Combined Report will contain the following primary elements: (1) a description of the remedial investigation conducted at the Site, including any deviations or modifications from the CSM/RIWP; (2) a summary of the analytical data collected during the remedial investigation, including tables and figures showing investigation results; (3) a description of bench-scale testing, including remedial technologies tested, and methods used by Prima Environmental; (4) a summary of bench-scale 7 EKI has assumed up to 10% of soil samples will require the Waste Extraction Test and be analyzed for one metal.

testing results; and (5) recommended next step (i.e., the Cleanup Plan in Task 5 or a pilot test in Optional Tasks 8 and 9). The Combined Report appendices will contain supporting information, including field notes, borehole logs, laboratory analytical reports, and bench-scale testing reports.

Soil vapor sampling during the remedial investigation described in Task 3c above includes collection of soil vapor samples during both the wet and dry seasons. EKI’s schedule and approach assumes that soil vapor sampling during the wet season will be conducted during the first mobilization, along with the soil and groundwater sampling, with an additional round of soil vapor sampling conducted separately in the summer dry season. The Combined Report will include available soil vapor data from the wet season, with the results from the follow-up dry season sampling to be provided to the Water Board in an addendum.

Drafts of the documents prepared as part of this Task will be submitted to the City for review and comment. Following receipt of comments from the City on the draft, a Final, signed document, stamped by a California Registered Professional geologist or engineer, will be submitted to the Water Board via GeoTracker upload. EKI will be available to discuss the documents with the Water Board, and will respond to comments on them, if any, from the Water Board. The proposed budget for this task assumes that EKI will participate in one virtual meeting with Water Board staff and submit one revision of each report to the Water Board, based on comments received. If the level of effort to respond to Water Board comments exceeds EKI’s assumption for this activity, EKI will discuss with the City.

This task includes agency communications and project management as described above.

Optional Task 4b. Baseline Human Health Risk Assessment Following receipt of remedial investigation data, and if needed/required by the Water Board, EKI will prepare a screening level Human Health Risk Assessment (HHRA) for the Site. The screening level risk evaluation will include an evaluation of potentially exposed human populations, potentially complete exposure pathways, toxicity values for COCs present at the Site, and the use of ESLs, DTSC HERO Note 3 screening levels, and/or U.S. EPA Regional Screening Levels (RSLs). This evaluation will be based on the available soil, groundwater, and soil vapor data for the Site and will include the calculation of lifetime cumulative risks for potentially exposed populations (residential and maintenance worker scenarios) based on representative concentrations in soil and maximum detected concentrations in soil vapor. As part of this work, the arsenic background value established for the Site previously of 8.8 mg/kg, will be updated, if appropriate, and other relevant background values will be proposed.

This task includes agency communications and project management as described above.

Task 5. Cleanup Plan
Following the completion of the remedial investigation, bench-scale testing, and any other tasks, such as pilot testing, conducted at the Site (see Optional Tasks 8 and 9 below), EKI will prepare a Draft Cleanup Plan for the Site.

The contents of the Cleanup Plan will be based on the results of the Site investigation, bench-scale tests, pilot tests (if any), community engagement efforts, and regulatory input throughout the process. Depending on the results of these activities and after determination by the Water Board,

the Cleanup Plan may take the form of a Corrective Action Plan (CAP) or a Remedial Action Plan (RAP). A RAP is a more detailed technology evaluation and comparison document than a CAP, the format used for Leaking Underground Storage Tank (LUST) sites, which this Site was originally.

As described by DTSC,8 a RAP has the following objectives:
• Presents and evaluates the existing site conditions based on the investigative work; • Establishes appropriate cleanup goals – for the Site, the goals will be to fully cleanup the site such that its use does not require restriction, consistent with ECRG best practices; • Evaluate alternatives – the summary results and recommendations of the bench-scale and, if performed, pilot testing will feed into this evaluation; and • Identify recommended alternative that is protective of human health and the environment.

The components of a CAP/RAP vary based on project-specific considerations and will follow regulatory guidance. EKI will provide the Draft Cleanup Plan to the City for review and will be available to discuss the document with the City. Following the City’s review and incorporation of any comments into the document, as appropriate, EKI will prepare the Draft Cleanup Plan that will be submitted to the Water Board via GeoTracker upload. EKI will be available to discuss the document with the Water Board and will respond to comments, if any, from the Water Board. The proposed budget for this task assumes that EKI will submit a revised Draft Final Cleanup Plan to the Water Board, based on comments received. The Draft Final Cleanup Plan will be circulated for public comment as part of Task 7D, below. If the level of effort to respond to Water Board comments exceeds EKI’s assumption for this activity, EKI will discuss with the City.

This task includes agency communications and project management as described above.

Task 6. Scoping and Budgeting for Cleanup
EKI will prepare a preliminary scope and budget to implement the Cleanup Plan prepared in Task 5.

This task includes preparation of plans, specifications, and budgetary cost estimates in preparation for contractor selection for remedial implementation as presented in the Cleanup Plan and approved by the Water Board. EKI understands that the information provided as part of this optional task could be used to facilitate cleanup under Water Board oversight that would allow for reuse of the Site.

This task includes agency communications and project management as described above.

Task 7. Community Engagement
EKI proposes to retain the services of Craig Communications, a small, certified women-owned business based in Emeryville to provide community engagement services as part of the proposed project. EKI services for this task will include coordination with Craig Communications, providing technical information to fulfill community outreach information requests, and associated project management.

Craig Communications manages Alameda County Department of Public Health’s public participation program for the cleanup of contaminated sites; EPA Brownfields Assessment grant 8 https://dtsc.ca.gov/removal-action-work-plan-raw-quick-reference-guide/

projects in Eureka, Oroville, and South Gate; and numerous Brownfield DTSC ECRG grant projects, several of which are positioned for housing. Tracy Craig, the founder, worked for 10 years at DTSC and is one of the authors of the DTSC’s public participation program.

To ensure the community is informed and can provide feedback on both the new uses of the property (proposed mixed-use, mixed-income development) and environmental investigation/cleanup activities, Craig Communications will work with the City and EKI team members to conduct the activities described in the following sections.

This task includes agency communications and project management as described above.

Task 7a – Prepare Community Outreach Plan/Collateral Materials • Stakeholder/Demographic Research: In coordination with City representatives, conduct demographic research and compile a project key contact list. Information would be incorporated into the community outreach plan and help design outreach tactics. • Community Outreach Plan: Develop an outreach plan that provides an overview of the environmental work and the City’s desired redevelopment goals for the property; describes the surrounding community, their environmental justice concerns and their redevelopment goals; identifies the community’s communication preferences; describes the ECRG grant and associated community engagement commitments; and provides a range of outreach tactics and timing that will be used to inform and engage the public. The outreach plan would be prepared and approved by August/September 2024.
• Project Fact Sheet: Develop a project fact sheet to inform the community of the need to investigate and cleanup the property to support future redevelopment, the next steps that will be taken in the investigation/cleanup and development processes, and how the community can provide input throughout the project. The fact sheet will be updated as needed to reflect changes in the project and include a call-out box to announce any upcoming community meetings. Fact sheets would be disseminated by the City via email, social media and posted in community spaces.
• Community Survey: Develop a community survey designed to gain an understanding of the community’s interest in the project, what they would like to prioritize for future site reuse planning so as to develop supporting cleanup goals, and how best to keep them informed as the project moves forward. Craig Communications would develop these materials for theCity to disseminate via mail, email and social media channels. Both paper and electronic surveys would be available to increase the breadth of survey respondents. The survey would be disseminated in fall/winter 2024 and then Craig Communications would tally and summarize survey responses in early 2025.

Task 7b – Online/Media Outreach
• Press Releases: Develop two press releases for the City to distribute to the Appeal Democrat providing an overview of the project and an upcoming community meetings. The first press release would be distributed in advance of the first community meeting in Q4 2024/Q1 2025 and the second press release in advance of the second community meeting in Q3/Q4 2025. Craig Communications would prepare the release and work with the City’s Public Information Officer to distribute the release and ensure coverage.
• Webpage: Prepare a project-specific webpage on the City’s website that provides an overview of the property and need for environmental investigation cleanup work to occur to support future redevelopment, shares the City’s vision for future reuse planning, details the

investigation/cleanup and development processes, provides a schedule with next steps and identifies engagement opportunities. The webpage would also include a point-of-contact for questions and act as an online repository for community meeting recordings and project-related information. Craig Communications would draft webpage text in fall 2024 and make revisions as needed throughout the grant lifecycle. Craig Communications would coordinate with City staff to have the information uploaded to their website.
• Social Media: Working closely with the City’s Public Information Officer, Craig Communications would develop a social media calendar in fall 2024 and posts would be developed in line with project milestones throughout the remainder of the grant reporting period for the City to use to announce the project, circulate the community survey, announce upcoming community meetings, provide project updates and other relevant information. The City would disseminate posts through their Facebook, Instagram and X (formerly Twitter) social media accounts and Craig Communications would be on-call to help respond to social media conversations, as needed.

Task 7c – Briefings/Meetings/Events
• Stakeholder Briefings: Hold key stakeholder briefings with community/environmental/business association groups to inform them of the project and gain their input. Craig Communications would assist with scheduling briefings, developing meeting agendas and presentations and follow-up requests. The City would facilitate all meetings with technical assistance from EKI. This task assumes support for 10 briefings throughout the project. Craig Communications would schedule briefings at organizations’ pre-existing meetings wherever possible to help save on costs.
• Community Events: City staff would set up information tables at community events to share information on the project with a broader section of the community. Examples of these events may include farmer’s markets, community bicycle rodeos, holiday celebrations, etc. Craig Communications would assist with logistics when needed, including preparing flyers or posters for community events. It is assumed that assistance would be needed for up to five events. • Community Meetings: Hold two community meetings on the project. The first meeting would occur in Q4 2024/Q1 2025, after the development of the Community Outreach Plan, to provide community members with an overview of the project, an understanding of the environmental issues and the investigation/cleanup process, a discussion of possible future land uses for the site, areas where the community can provide input and how to stay involved. The second meeting would occur near the end of the ECRG Grant (Q3/Q4 2025) reporting period and provide an update on how community design feedback for a future development proposal was considered and will be used, how the environmental investigation results have informed the development of the proposed cleanup plan, and next steps for the project. Craig Communications would help with meeting logistics, preparing meeting collateral (e.g., sign-in sheets, flyers, presentations, talking points, poster boards), and attending meetings to take notes. The City would disseminate meeting invites, facilitate and lead the presentations, and be the main point-of-contact to respond to community questions with EKI and Craig Communications assistance. Meetings would be announced via press releases, social media posts and flyers placed at key locations throughout the community.

Task 7d – Water Board Required Outreach
• Water Board Fact Sheet/Comment Period: To support agency approval of the proposed Draft Cleanup Plan for the site, Craig Communications would prepare a Water Board fact sheet that

provides an overview of the site, environmental impacts, the proposed cleanup plan, and schedule. The fact sheet would include Water Board Case Manager information to provide comments. The City would mail the fact sheet to the Water Board-required 500-foot radius mailing list and project key contact list. Craig Communications would work closely with the Case Manager to track comments during a 30-day public comment period and prepare a Response to Comments that provides a response to all comments received. These would be distributed to those who commented via email after approval of the Response to Comments document.

Task 7e – Other/Project Management
• City Council/Planning Commission Updates: City staff will provide updates to City Council and Planning Commission members at key project milestones. This will serve as another avenue to keep the larger City public informed on the project as these meetings are open to the public. Craig Communications will assist in preparing briefing packets and presentations for use at up to four Council and Planning Commission meetings.
• Contact Log: Craig Communications will assist in responses to project questions and maintain a project contact log that tracks all interactions received.

All communications will be provided in English, Spanish, and Punjabi given area demographics.

Interpreters would be available in Spanish and Punjabi at community meetings and available on request for individual stakeholder briefings. This proposal assumes that the City would handle dissemination of collateral via US Mail when needed.

Optional Task 8. Pilot Test Work Plan
Based on the results of the Site investigation and bench-scale testing and other project considerations, it may be beneficial to perform a pilot test at the Site. In that case, EKI will prepare a work plan for a pilot test of a selected in-situ remediation technology at the Site (Pilot Test Work Plan). The Pilot Test will evaluate a specified remediation technology for implementation at the Site.

Given the current uncertainty regarding potential remedial technologies and site conditions, the specific remedial technology to be tested at the Site cannot yet be specified, but may include one of the following:
• Phytoremediation to address arsenic and lead in shallow Site soil; • In-situ chemical oxidation or reduction to break down organochlorine pesticides and VOCs in Site soil; or
• In-situ stabilization of arsenic and lead in shallow Site soil to reduce bioavailability.

The scope and nature of the proposed remedial technology will depend on Site information and may change based on the results of the remedial investigation conducted in Task 3 and bench-scale testing in Task 2. EKI will work with appropriate experienced subcontractors for phytoremediation (Intrinsyx Environmental) and in-situ chemical oxidation, reduction, or stabilization (Prima Environmental) to assist with development of the Pilot Test Work Plan, depending on the selected remedial technology. This Optional Task 8 includes scope to prepare a Pilot Test Work Plan which will include:
• Pilot test objectives;
• Permitting and notification requirements, if any;

• Pilot test description and figures;
• Pilot test operations and monitoring procedures;
• A proposed implementation schedule; and
• Pilot test data analysis and reporting.

EKI will provide the draft Pilot Test Work Plan to the City for review and will be available to discuss the content with the City. Following the City’s review and incorporation of the City’s comments into the document, as appropriate, EKI will prepare a final version that will be submitted to the Water Board via GeoTracker upload. EKI will be available to discuss the document with the Water Board (one virtual meeting is assumed), and will respond to comments on the document, if any, from the Water Board. The proposed budget for this task assumes that EKI will submit one revised document to the Water Board, based on comments received. If the level of effort to respond to Water Board comments exceeds EKI’s assumption for this activity, EKI will discuss with the City.

This task includes agency communications and project management as described above.

Optional Task 9. Pilot Test Implementation and Reporting Following Pilot Test Work Plan approval by the Water Board, 9 EKI will perform a pilot test to evaluate
the selected remedial technology to reduce the concentration or bioavailability of chemicals of concern in in soil at the Site. As described in Task 8 above, the specific remedial technology to be tested at the Site cannot yet be specified, but may include one of the following:
• Phytoremediation to address arsenic and lead in shallow Site soil; • In-situ chemical oxidation or reduction to break down organochlorine pesticides and VOCs in Site soil; or
• In-situ stabilization of arsenic and lead in shallow Site soil to reduce bioavailability.

Pilot test implementation schedule, scope, and timeframe will depend on the specific remedial technology selected for the pilot test. For example, phytoremediation to remove arsenic and lead from shallow soil would be conducted over the course of a single growing season, i.e., approximately January-February 2025 to September-October 2025. In-situ chemical oxidation/reduction or in-situ stabilization pilot tests would be conducted over a shorter timeframe.

Following the completion of the pilot test, EKI will prepare a draft Pilot Test Report for the Site. The Pilot Test Report will describe activities conducted during the pilot test, including operational data, analytical results, and other relevant operational and monitoring parameters for the pilot test. The report will evaluate the effectiveness of the remedial technology selected for the pilot test, and provide recommendations for full-scale implementation, if warranted.

EKI will provide the draft Pilot Test Report to the City for review and will be available to discuss the document with the City. Following the City’s review and incorporation of the City’s comments into the document, as appropriate, EKI will prepare the Pilot Test Report that will be submitted to the Water Board via GeoTracker upload. EKI will be available to discuss the document with the Water Board and will respond to comments, if any, from the Water Board. The proposed budget for this task assumes that EKI will submit one revised Final Pilot Test Report to the Water Board, based on 9 We have assumed that Water Board review will require 90 days.

comments received. If the level of effort to respond to Water Board comments exceeds EKI’s assumption for this activity, EKI will discuss with the City.

This task includes agency communications and project management as described above.

Budget for Scope of Services1
Task Proposed Budget 2
Task 1: Conceptual Site Model and Remedial Investigation Work Plan $90,000/$105,000 Task 1a: Prepare CSM & RI WP $90,000
Optional Task 1b. Phase I ESA $15,000
Task 2: Bench-Scale Testing $110,000
Task 2a: Bench-Scale Work Plan3 $30,000
Task 2b: Bench-Scale Testing Implementation3 $80,000
Task 3: Remedial Investigation Implementation $410,000
3a. Preparation for Field Investigation4 $40,000
3b. XRF Investigation5 $70,000
3c. Collection and Analysis of Shallow Soil and Soil Vapor Samples6,7 $215,000 3d. Collection and Analysis of Deep Soil and Shallow Groundwater Samples8,9 $75,000
3e. Management of Investigation-Derived Waste10,11 $10,000 Task 4: Investigation Report $130,000/$165,000
4a. Preparation of Remedial Investigation and Bench-Scale Testing Combined Report $130,000
Optional Task 4b. Baseline Human Health Risk Assessment $35,000 Task 5: Cleanup Plan $125,000
Task 6. Scoping and Budgeting for Cleanup $100,000
Task 7: Community Engagement12 $125,000
Optional Task 8. Pilot Test Work Plan $60,000
Optional Task 9. Pilot Test Implementation and Reporting13 $375,000 Total Budget Without Optional Tasks $1,090,000
Total Budget With Optional Tasks $1,575,000
NOTES:

1. Assumes budget can be allocated among tasks to complete the Scope of Services. Optional tasks are shown in italics.

2. Subconsultant fees include a 10% markup. Where two numbers are shown in a subtotal, the second cost includes the proposed budget for the optional task.

3. Includes Prima Environmental services.

4. Expenses include: drilling permit fees, underground utility clearance and geophysical survey, surveying, field equipment and supplies, and EKI field vehicle.

5. Expenses include: XRF rental fees, field equipment and supplies, and EKI field vehicle.

6. Expenses include: XRF rental fees, components for twenty soil vapor probes (screen, valve, tubing, etc.), field equipment and supplies, soil vapor sampling equipment for two rounds of sampling, and EKI field vehicle.

7. Includes Penecore Drilling fees and analytical costs. Analytical costs (Eurofins Calscience and K-Prime, Inc. fees) include: analyses for soil vapor samples, shallow soil samples, and IDW samples. Assumes two sampling rounds for soil vapor and up to 90 shallow soil samples: 3 composites samples for asbestos analysis and 87 discrete samples for analysis of remaining COCs.

8. Expenses include: field equipment rental fees, field supplies, laboratory courier fees, and EKI field vehicle.

9. Includes Penecore Drilling fees and analytical costs. Analytical costs (Calscience fees) include: analyses for 11 groundwater samples and up to 24 deep soil samples.

10. Expenses include: EKI field vehicle for Site visit.

11. Costera Waste & Environmental fees. Costs include applicable fees and assumes transportation and disposal of up to six non-hazardous water and soil drums and one non-RCRA California hazardous soil drum.

12. Includes Craig Communications fees.

13. Whether or not a pilot test will be beneficial for the project and which remedial technologies could be evaluated at the Site are yet to be determined and will depend on the results of the Remedial Investigation. If pursued, actual costs for pilot testing will be provided to the City as part of preparation of the Pilot Test Work Plan, and are expected to be within the proposed budget. If conducted, pilot testing costs would include subcontractor costs, such as Intrinsyx Environmental costs, and will depend on the remedial technologies selected.

10 EXHIBIT B

ADDITIONAL TERMS AND CONDITIONS

31. SERVICES DURING CONSTRUCTION
Any Services, including testing or construction observation, provided by CONSULTANT, during construction of facilities designed by the CONSULTANT or others, is for the purpose of reviewing the construction contractor’s general compliance only with the functional provisions of the construction documents including project specifications and drawings. The CONSULTANT shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with any construction contractors’ work, nor shall the CONSULTANT be responsible for a contractor’s failure to perform the work in accordance with the requirements of the construction documents. The CONSULTANT shall be only responsible for the CONSULTANT’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of contractors or of any other persons or entities performing portions of the work.

CLIENT agrees that in accordance with generally accepted construction practices, the independent construction contractor(s) selected by CLIENT will be required to assume sole and complete responsibility for jobsite conditions during the course of construction of the project, including safety of all persons and property, and that this responsibility shall be continuous and not be limited to normal working hours. CONSULTANT’s Services during construction shall not be construed to waive or otherwise relieve any contractor or subcontractor of their contractual obligations.

32. COST ESTIMATES
Any statements of estimated construction costs or future operation and maintenance costs furnished by CONSULTANT represent the CONSULTANT’s judgment as a design professional. However, neither CLIENT nor CONSULTANT has control over the fluctuations in construction costs, a contractor’s methods of determining bid prices, market and bidding conditions, and other factors. Accordingly, CONSULTANT does not guarantee or warrant that the bids or negotiated prices, or future operation and maintenance costs, will not vary from any estimated costs provided by CONSULTANT or from CLIENT’s budget for the project.

33. DATA
For any Work Product stored or reduced to computer tapes, disks, CDs, electronic files or CAD files (collectively “Data”), CONSULTANT reserves the right to retain an archival copy of the Data delivered to CLIENT, which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished to CLIENT. The Data are instruments of service, and as such, CONSULTANT makes no representations or warranties, expressed or implied, of the Data’s merchantability or fitness for a particular purpose with respect to its quality, adequacy, completeness or sufficiency as to any results to be or intended to be achieved as to its use.

The Data are furnished “as is”. CLIENT acknowledges that anomalies and errors can be introduced into the Data when it is transferred or used in an incompatible computer environment or modified by others. CLIENT acknowledges and solely accepts the risks associated with and/or the responsibility for any damages to hardware, software or computer systems or networks related to any use of the Data.

Use by CLIENT of any Data prepared by CONSULTANT for any purpose or project other than the project subject to this Agreement shall be at CLIENT’s sole risk. CLIENT agrees to indemnify and hold CONSULTANT harmless from any claims, suits, damages, liabilities or costs, including attorneys’ fees and costs of defense, arising from any reuse or modification of any Data prepared by CONSULTANT without the prior written consent of CONSULTANT.

City of Yuba City
442 B Street Environmental Assessment Site Investigation and Cleanup Workplan Development ECRG-2023-01730
2 34. EXISTING CONDITIONS
(a) HAZARDOUS MATERIALS
CLIENT shall furnish, or cause to be furnished to CONSULTANT, all documents and information known to CLIENT that relate to the identity, location, quantity, nature, or characteristics of any asbestos, PCBs, or any other hazardous materials, substances or waste at, on, under, or near the site. In addition, CLIENT will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information on surface or subsurface site conditions, e.g., underground tanks, pipelines and buried utilities, required for proper performance of CONSULTANT’s Services.

CLIENT acknowledges that CONSULTANT and its subconsultants and subcontractors have played no part in the creation of any hazardous waste or materials, pollution sources, nuisance, or chemical or industrial disposal problems that may exist at or near the project site, and that CONSULTANT shall have no liability for such preexisting conditions. CLIENT acknowledges that CONSULTANT has been retained for the sole purpose of assisting the CLIENT in assessing any problem which may exist at the site, and in assisting the CLIENT in formulating a remedial program, if such is within the Scope of Services that CONSULTANT has assumed. CLIENT recognizes that while necessary for investigations, commonly used exploration methods, such as drilling borings or installation of monitoring wells, involve an inherent risk. These exploration methods may penetrate through contaminated material and serve as a connecting passageway between the contaminated material and an uncontaminated aquifer or groundwater, possibly inducing cross contamination. While back-filling with grout, or other means, according to currently accepted practices, is intended to provide a seal against such passageway, it is recognized that such a seal may be imperfect and that there is an inherent risk in drilling borings or performing other exploration methods at a hazardous waste site. Therefore, CLIENT agrees that CONSULTANT shall have no liability for claims of cross contamination arising out of any investigation of problems at or near the project site.

The CLIENT recognizes and agrees that CONSULTANT has assumed responsibility only for making the investigations, reports and recommendations to the CLIENT included within the Scope of Services. The responsibility for making any disclosures or reports to any third party and for the taking of corrective, remedial, or mitigation action shall be solely that of the CLIENT. (b) UTILITIES AND SUBSURFACE CONFLICTS
Prior to initiation of subsurface investigations, including but not limited to boreholes, probes, trenches, or subsurface sample collection, CLIENT will provide CONSULTANT with available information, drawings, and maps regarding potential underground utilities, other potential subsurface conflicts, and overhead conflicts in the proposed areas of investigation. If CLIENT is not the property owner, CLIENT will contact the property owner and request such information. CONSULTANT will clear the proposed investigation locations for buried utilities by obtaining the services of a utility locating company. CONSULTANT will make reasonable efforts to identify and to avoid damage to disclosed or visually-identified utilities that may exist within the areas of investigation. CONSULTANT, its subconsultants and subcontractors shall have no liability for damages to persons or property, including the cost to repair, which occur during investigative activities performed by CONSULTANT, its subconsultants and subcontractors, and arise out of, or relate to, undisclosed, unknown, or inaccurately specified utilities or other structures.

City of Yuba City
442 B Street Environmental Assessment Site Investigation and Cleanup Workplan Development ECRG-2023-01730
3 35. DISPOSAL OF CONTAMINATED MATERIAL
CLIENT understands and agrees that CONSULTANT is not, and has no responsibility as, a generator, operator, treater, storer, transporter or disposer of hazardous materials or toxic substances found or identified at or near the project site, including investigation-derived waste. CLIENT shall undertake or arrange for handling, removal, treatment, storage, transportation, and disposal or reuse of such materials. Arrangements and final decisions regarding disposal and/or treatment of hazardous material shall be the sole responsibility of CLIENT. CONSULTANT’s responsibilities shall be limited to assisting CLIENT with its appropriate arrangements, if authorized by CLIENT.

36. ARTIFICIAL INTELLIGENCE
CONSULTANT may use Artificial Intelligence (AI) technology in providing services under this Agreement. AI technology is a rapidly changing field and includes tools provided by third parties that may be pre-trained and/or pretrain with supplementary training by CONSULTANT. CONSULTANT makes efforts to identify and remove CLIENTidentifying data and any bias that is contained in data that is used for supplementary training.

CONSULTANT is aware that the output from AI is not a substitute for human judgement. CONSULTANT’s engineers, scientists, and other professional staff will continue to provide professional services, and make decisions based on their experience, knowledge, and analysis, consistent with the Standard of Care.

37. THIRD PARTIES
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or CONSULTANT.

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: July 2, 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 - Public Hearing
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City Landscape maintenance District No. 1 and Lighting and Landscape Maintenance District No. 2 (Town Center), pursuant to the Landscaping and Lighting Act of 1972
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. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City Landscape maintenance District No. 1 and Lighting and Landscape Maintenance District No. 2 (Town Center), pursuant to the Landscaping and Lighting Act of 1972 Attachments:

1. Attachment 1- Resolution LLMD No. 1-2 Public Hearing

2. Exhibit A - District Maps LLMD 1-2

3. Attachment 2 - Proposed Assessments
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE YUBA CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (STABLER LANE/GARDEN

HIGHWAY AREA) AND YUBA CITY LIHGTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 2 (TOWN CENTER)
WHEREAS, on June 18, 2024, 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”), the City Council of the City of Yuba City did declare its intention to review, levy and collect the annual assessment for Landscape Maintenance District No. 1 and Lighting and Landscape District No. 2 (“Districts”) for Fiscal Year 2024-25 more specifically as follows:
• Landscape Maintenance District No. 1 – Zones of Benefit “A,” “B”, “B_1”, and “B_2” • Lighting and Landscape Maintenance District No. 2 – Zone of Benefit “A”; and, WHEREAS, assessments levied within the Districts provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the following:
• Landscape Maintenance District No. 1: Ongoing operation, maintenance, and servicing of improvements including turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, street lighting, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (perimeter landscaping) surrounding the developments, as well as servicing improvements including electricity, water for irrigation of any landscaping, and the operation of fountains
• Lighting and Landscape Maintenance District No. 2: 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; and,
WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said Districts; and WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by Resolution No. 24-060 for the levy and collection of assessments against the assessable lots and parcels of land in the Districts for Fiscal Year 2024-25 and directed the Engineer of Work, Tyrone Peter of Willdan Financial Services, to prepare and file written reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer of Work prepared and filed such reports (the “Engineer’s Reports”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on June 18, 2024, the City Council adopted Resolution No. 24-078 approving the Engineer’s Reports, which calculated the annual assessments for the parcels in said Districts, as filed pursuant to Section 22623 of the Act, and

WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for July 2, 2024, was duly published on June 21, 2024.

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 hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment districts designated “Landscape Maintenance District No. 1” and “Lighting and Landscape Maintenance District No. 2 (the “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 in the Engineer’s Report.

3. That the City Council hereby determines that the territory within the Districts, whose boundaries are set forth in the Engineer’s Reports, on file with the City Clerk of the City of Yuba City, will be the territory benefited by the maintenance and servicing of the improvements described in said Reports.

4. That the hearing on said annual levy of assessments was held in accordance with law and all persons desiring to speak were heard.

5. That the Engineer’s Reports, the diagram for the assessment districts and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Reports, are adopted and approved as to the Districts, and that the assessment of the total amount of the costs and the individual assessments thereof, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby are finally approved and confirmed as the assessments to pay the costs. The assessments for District No. 1, Zones of Benefit “A” and “B,” for Fiscal Year 2024-25 are proposed to remain the same as the previous year as described in the Engineer’s Report. The assessments for District No. 1, Zone of Benefit “B_1,” and “B_2” 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 Reports, but are still within or less than the amount approved for Zones of Benefit “B_1” and “B_2” and “A” at the time of the Districts’ formations.

6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Report.

7. That the assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the Districts, as contained in said Engineer’s Reports, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.

8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than August 10, 2024.

9. As the levies remain the same as prior years, the assessments for District No. 1 Zones of Benefit “A” and “B” are exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218). Likewise, although the levies have increased for District No. 1 Zones of Benefit “B_1” and “B_2” and District No. 2 Zone of Benefit “A” as compared to the prior year, the levy amounts are consistent with and less than the previously approved Cost of Living Adjustment adopted at the times of formation of the Districts pursuant to Proposition 218, and as such, the levies for District No. 1 Zones of Benefit “B_1” and “B_2” and District No.2 Zone of Benefit “A” are likewise exempt from further compliance with Proposition 218.

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 2nd day of July 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(s):

Exhibit A – District Map

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 2

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

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: July 2, 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 - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4
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. 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. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4 Attachments:

1. Attachment 1- Resolution LLMD No. 3-4 Public Hearing

2. Exhibit A - District Maps 3-4

3. Attachment 2 - Proposed Assessments
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 3 & 4 (13

SUBDIVISIONS THROUGHOUT YUBA CITY)
WHEREAS, on June 18, 2024, 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”), the City Council of the City of Yuba City did declare its intention to review, levy and collect the annual assessment for Lighting and Landscape Maintenance District Nos. 3 & 4 (“Districts”) for Fiscal Year 2024-25 more specifically as follows:
• Lighting and Landscape Maintenance District No. 3 – Zone of Benefit “A” (Palisades Subdivision);
• Lighting and Landscape Maintenance District No. 4 – Zones of Benefit “A,” “B,” “C,” and “D” (Butte Vista Neighborhood);
WHEREAS, assessments levied within the Districts provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the following:
• Lighting and Landscape Maintenance District No. 3: Ongoing maintenance and servicing of a detention pond, street trees and a pond landscape strip, and twelve street lights, which benefit parcels in Phases 1 and 2.
• Lighting and Landscape Maintenance District No. 4: Ongoing maintenance and servicing of local street lighting, landscaping improvements, and detention pond, providing special benefit to the Butte Vista Neighborhood in the subdivisions in zones of benefit as shown on the Assessment Diagrams on file with the City Clerk.

WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said Districts; and WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by Resolution No. 24-061 for the levy and collection of assessments against the assessable lots and parcels of land in the Districts for Fiscal Year 2024-25 and directed the Engineer of Work, Tyrone Peter of Willdan Financial Services, to prepare and file written reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer of Work prepared and filed such reports (the “Engineer’s Reports”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on June 18, 2024, the City Council adopted Resolution No. 24-080 approving the Engineer’s Reports, which calculated the annual assessments for the parcels in said Districts, as filed pursuant to Section 22623 of the Act, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for July 2, 2024, was duly published on June 21, 2024.

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 hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment districts designated “Lighting and Landscape Maintenance District No. 3” and “Lighting and Landscape Maintenance District No. 4” (the “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 in the Engineer’s Report.

3. That the City Council hereby determines that the territory within the Districts, whose boundaries are set forth in the Engineer’s Reports, on file with the City Clerk of the City of Yuba City, will be the territory benefited by the maintenance and servicing of the improvements described in said Reports.

4. That the hearing on said annual levy of assessments was held in accordance with law and all persons desiring to speak were heard.

5. That the Engineer’s Reports, the diagram for the assessment districts and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Reports, are adopted and approved as to the Districts, and that the assessment of the total amount of the costs and the individual assessments thereof, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby are finally approved and confirmed as the assessments to pay the costs. The assessments for District Nos. 3 & 4 for Fiscal Year 2024-25 are proposed to increase from the previous year as described in the Engineer’s Reports, but are still within or less than the amount approved for said Districts at the time of the Districts’ formations.

6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Report.

7. That the assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the Districts, as contained in said Engineer’s Reports, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.

8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than August 10, 2024.

9. Although the levies have increased for District Nos. 3 & 4 as compared to the prior year, the levy amounts are consistent with and less than the previously approved Cost of Living Adjustment adopted at the times of formation of the Districts

pursuant to Proposition 218, and as such, the levies for District Nos. 3 & 4 are likewise exempt from further compliance with Proposition 218.

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 2nd day of July 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(s):

Exhibit A – District Map

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 2

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

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: July 2, 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. 5-6 - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution Confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 5 & 6 pursuant to the Landscaping and Lighting Act of 1972 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. 5 and 6 (LLMD 5 and 6) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD 5 and 6 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 5 and LLMD 6 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed. LLMD 5 (64 subdivisions located throughout Yuba City) and 6 (Commercial District) 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. District 5 Zones of Benefit A, B, E, G, H, K, and L and District 6 Zones of

Benefit A_1 - A_3, B_1-B_4, and B_6 - B_15 will see increases in their annual levies while District 5 Zones of Benefit C_1 - C_10 will see decreases in their annual levies. District 5 Zones of Benefit D, F, I, and J and District 6 Zone of Benefit B_5 will see no changes in their annual levies. The levies were raised in response to inflation while certain Zones of benefits were decreased or maintained due to sufficient reserves and revenues which exceeded expenditures.

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*
5 $637,974.02 $586,951.51 $297,146.05
6 $40,439.18 $18,609.71 $199,814.40
*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. Conduct a Public Hearing
B. Adopt a Resolution Confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 for the Yuba City Lighting and Landscape Maintenance District Nos. 5 & 6 pursuant to the Landscaping and Lighting Act of 1972
Attachments:

1. Attachment 1 - Resolution LLMD Nos. 5-6 Public Hearing

2. Exhibit A - District Maps 5-6

3. Attachment 2 - Proposed Assessments - 5-6
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 5 (64 SUBDIVISIONS THROUGHOUT YUBA CITY) AND 6 (COMMERCIAL

DISTRICT)
WHEREAS, on June 18, 2024, 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”), the City Council of the City of Yuba City did declare its intention to review, levy and collect the annual assessment for Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6 (“Districts”) for Fiscal Year 2024-25 more specifically as follows:
• Lighting and Landscape Maintenance District No. 5 – Zones of Benefit “A,” “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” and “L”;
• Lighting and Landscape Maintenance District No. 6 – Zones of Benefit “A_1,” “A_2” and “A_3,” Zones of Benefit “B_1,” “B_2,” “B_3,” “B_4,” “B_5,” “B_6,” “B_7,” “B_8,” “B_9,” “B_10,” “B_12,” “B_13,” “B_14,” “B_15,” and Zone of Benefit “C_1”; and WHEREAS, assessments levied within the Districts provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the following:
• Lighting and Landscape Maintenance District No. 5: Street lights, walls, landscape strips and planters, street trees, and landscaped entrance varying by zones of benefit as shown on the Assessment Diagrams on file with the City Clerk. • Lighting and Landscape Maintenance District No. 6: Ongoing maintenance and servicing of street lights, street trees and median landscaping; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the lighting and landscaping facilities in said Districts; and WHEREAS, on May 21, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by Resolution No. 24-062 for the levy and collection of assessments against the assessable lots and parcels of land in the Districts for Fiscal Year 2024-25 and directed the Engineer of Work, Tyrone Peter of Willdan Financial Services, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer of Work prepared and filed such report for each Lighting and Landscape Maintenance District (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 Resolution No. 24-082 approving the Engineer’s Reports, which calculated the annual assessments for the parcels in said Districts, as filed pursuant to Section 22623 of the Act, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for July 2, 2024, was duly published on June 21, 2024.

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 hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within existing assessment districts designated “Yuba City Lighting and Landscape Maintenance District No. 5”, and “Yuba City Lighting and Landscape Maintenance District No. 6” (the “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 in the Engineer’s Reports for each District.

3. That the City Council hereby determines that the territories within the Districts, whose boundaries are set forth in the Engineer’s Reports, on file with the City Clerk of the City of Yuba City, will be the territories benefited by the maintenance and servicing of the improvements described in said Engineer’s Reports.

4. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.

5. That the Engineer’s Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved as to each District and all of them, and that the assessment of the total amount of the costs and the individual assessments thereof, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby are finally approved and confirmed as the assessments to pay the costs. The assessment for District 5 Zones of Benefit C_1-C_10 for Fiscal Year 2024-25 are proposed to be reduced as compared to the previous year as described in the Engineer’s Report. The assessments for District 5 Zones of Benefit D, F, I, and J and District 6 Zone of Benefit B_5 will see no changes in their annual levies for Fiscal Year 2024-25. The assessments for District 5 Zones of Benefit A, B, E, G, H, K, and L and District 6 Zones of Benefit A_1 - A_3, B_1-B_4, and B_6 - B_15, 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 District 5 Zones of Benefit A, B, E, G, H, K, and L and District 6 Zones of Benefit A_1 - A_3, B_1-B_4, and B_6 - B_15 at the at the time of the formation of the respective Districts.

6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Reports.

7. That the assessment diagram showing the assessment districts referred to in said Resolution of Intention, and also the subdivision of land within the Districts, as contained in said Engineer’s Reports, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.

8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than August 10, 2024.

9. As the levies either remain the same, or are reduced as compared to prior years as to District 5 Zones of Benefit B, C_1-C_10, D, F, I, and J, and District 6 Zone of Benefit B_5 the assessments for District 5 Zones of Benefit B, C_1-C_10, D, F, I, and J, and District 6 Zone of Benefit B_5 are exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218). Likewise, although the levies have increased for District 5 Zones of Benefit A, B, E, G, H, K, and L and District 6 Zones of Benefit A_1 - A_3, B_1-B_4, and B_6 - B_15 as compared to the prior year, the levy amounts are consistent with and less than the previously approved COLA adopted at the time of formation of the District pursuant to Proposition 218, and as such, the levies for District 5 Zones of Benefit A, B, E, G, H, K, and L and District 6 Zones of Benefit A_1 - A_3, B_1-B_4, and B_6 - B_15 are likewise exempt from further compliance with Proposition 218.

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 2nd day of July 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(s):

Exhibit A – District Maps

EXHIBIT A

LA ENTRADA WAY

EL VERANO WAY

BUTTE HOUSE RD

BLEVIN RD

QUEENS AVE

VALLEY VIEW DR

CORSICA DR

NADEAN DR

BRADLEY ESTATES DR

VALENCIA ST

LONG ST

PORTOFINO DR

MICHAEL WAY

JAMIE DR

KENNETHWAY

TULY PKWY

TRES PICOS DR

LA BREA WAY

CAPISTRANO ST

PERALTA ST

LAREDO ST

ZAMORA ST

JANICE WAY

EL VERANDA CT

EL SOBRANTE CT

KRISTINA MILLER DR

HEIDI WAY

NICK CT

BETTY CT

AKERS CT

JAYNE CT

RACHEL CT

NORTHFIELD CT

ESPLANADE WAY

ELIZABETH LN

DOMAIN WAY

PATTY DR

EL CERRITO CT

DIJON CT

SHAY WAY

SHARON DR

REBECCA DR

CHLOE CT

WARD CT

GENOA CT

GRANADA WAY

LORRAINE WAY

COLE CT

LIZANNE DR

CASE CT

COBBLESTONE CT

HARTER RD TURIN DR

CALAIS DR

ROLLING ROCK CT

PAULA DR

MANN DR

NORTHFIELD DR

ROMERO ST

NINA WAY
MIA LP

HERBERT CT

LA GRANDE WAY

EL GRAN ERO WAY

EL ENCINO WAY

ELMER AVE

ORO GRANDE ST

ADAMS RD
5J
5J_2
5J_3
5J_11
5J_12
5K_14
5J_14
5K_18
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

HARTER PKWY

HOOPER RD

STABLER LN

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

LINCOLN RD

GARDEN HWY

FRANKLIN RD

PEASE RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts
City Limits
μ

5C_9 5C_7
5J_5
5C_10
5C_10

COLUSA FRONTAGE RD

BR YAN WAY

HOOPER RD

TEJA DR

DAVE PL

JOHN PL

REDDI NG AV E

SARAH CT

SERENA CT

KENNEDY DR V LI LAAVE

FIRENZE CT

EL MARGARITA RD

V AI ROMA WAY

SAN NICCOLO DR

SERENA DR

BRYN MAWR DR
HWY 20

TIERRA BUENA RD

JEFFERSON AVE

MILLER RD

SOMBRA CT

SAN GIMIGNANO DR

MONROE RD
Lighting & Landscape
Maintenance District No.5
Zones of Benefit

QUEENS AVE

SWALTON 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
Highway 20
Highway 99 Highway 99
8 Legend
City Limits
Maintenance Districts
µ

MO NR OE R D

JEFFERSON AVE

AMERICANA DR

ROXBURY CT

NANTUCKET CT

TEAL HOLLOW DR

CHRISTIANSEN WAY

PERSHING AVE
BOB CT

LA MANTIA DR

LYLE CT

ROOSEVELT RD

MONROE DR

ALICIA CT

TO RI CT LIBBY LN

ROYO RANCHERO RD

PARIS WAY

JORI CT

STEIDLMAYER WAY

CYNDA LN

JAMES MARSHAL WAY

LYNCHBURG CT

EMMA CT

MARCOS CT

GRANITE DR

CAPE COD CT COUGHLIN CT

KIM WAY

VOGT CT

COLONIAL CT

VAN VLECK ST

JOHN FREEMONT WAY

SAM BRANNAN WAY
HWY 20
RUE DR

HALSEY AVE

MARSHALL AVE

STONEGATE DR

GREENE LN

COLUSA FRONTAGE RD

TULIO ST

YORKTOWN DR

WILL AI MSBURG DR

WESTERN PKWY

TORI LN

WALLACE WAY

DONA WAY
5K_13
5K_9 5K_16
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

HARTER PKWY

HOOPER RD

STABLER LN

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

LINCOLN RD

GARDEN HWY

FRANKLIN RD

PEASE RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits

LIT TLE JOHN RD

CIVCI CENTER BLVD

THARP RD

STA BLER LN

HARTER RD

DEERFIELD DR

DAVIS AVE

MONTE AVE

RYAN DR

HARTER PRKWY

FRANKLIN RD

S WALTON AVE

MANZANI AT WAY

NANTUCKET WAY

BRISTOL WAY

EVERGREEN WAY

JOANN WAY

KLAMATH LN

HOLLY TREE DR

HUNJI DR

ANDROSS AVE

HARDIAL CT

BARRINGTON DR

NEWPORT DR

S HARDING RD

BIRCHWOOD CT

AMARPAL CT

GLENBROOK CT

WOODSIDE DR

LAMBERT CT

JASON CT

ANITA WAY

BANCROFT AVE

REDHAVEN AVE

RAMERIZ
DR

N HARDING RD

TEMPLE WAY
HWY 20

BRIDGE ST

OLIVER DR

ADELINE ST

ZACHARY WAY

WHYLER RD

LASSEN BLVD

POPPY LN

PERIW NKLE LN I

TRAVIS CT

MICHELLE DR

COLLEGE HILL WAY

EMMET WAY

SANTI CT

HARBANS DR

SHAKEWOOD DR

BOWEN CT

KLAMT CT

GURDAS CT

SPIRIT DR

N OLIVER DR

ROSS DR

ALFRED WAY

SIERRA AVE

ANNEKA LN

HAYNE AVE

SUNSWEET BLVD

JES S CI A DR

CAMINO DEL FLORES

BERKSHIRE DR

RAI ESTATESCT

EVEREST CT

PELICAN PL

CARSON DR

WILDFLOWER CIR

COUNTRYSIDE DR

CAMINO DEL ORO

NEIL DR

WOODLEAF DR

N WALTON AVE

MARK THOMAS D R

WILLOWBROOK DR

HARDIAL DR YORKSH RI E WAY

JOY WAY

HETHERINGTON C RI

B R AYTON L P
5H_1
5B_1
5D
5E
5H_3
5K_1
5K_9 5K_5
5K_7
5K_6
5K_2
5K_3
5K_4
5H_8
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

HARTER PKWY

HOOPER RD

STABLER LN

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

LINCOLN RD

GARDEN HWY

FRANKLIN RD

PEASE RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE
Highway 20
Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits

5L
5B_2
5H_2
5J_1
5I_3
5J_13
5J_6
5I_2
5I_1
5C_8
5H_4
5J_4
5J_5
5H_7
5K_17

REAGAN WAY

S WALTON AVE

CHERRY ST

LINCOLN RD

CORTEZ CT

CAMINO CORTEZ

SANBORN RD

DH LI LON DR

BUR G AND Y D R

TUSCANY DR

MARJORIE DR

CR EEKW OO D DR

GE RMAINE DR

JODI DR

NISH CT

LE ONA RD CT

BUCHANAN RD

RICHLAND RD

HAMPTON CT

ALLEN CT

THOMAS CT

LA NCASTE R CT

CLAYTON CT
ELI CT

PEBBLE BEACH DR

SA NDPIPE R DR

AUGUSTA LN

CLEO CT

PICO CT

JOHNATHAN CT

PEL CI AN PL

ALLEN WAY

ANITA WAY

RUTHERF ORD CT

ELDEN CT

WALTRIP CT

ANTHONY WAY

ELL OI T DR

S HARDING RD

RANCHO W AY

MAR NI A DR

CREST CT

W JOSEPH ST

EL SERENO CT

EL ZI ABETH CT
NANDCT

SHAYLENE CT

ANNA DR

MASERA CT

EDWIN DR
IDA CT

ESTATES CT

JOHNATHAN DR

MADDEN CT

CRISP DR

ERIC CT

LISA CT

ARROYA GRANDE

NAND DR

PORTOLA VALLEY RD

SESSLER DR

RICHARDS WAY

DEAN DR

MILTON DR

BRIAN DR

MC CUNE AVE

SAINT ANDREWS DR

NI DER LN TRACY DR

GREGORY DR

JOSEPHENE WAY

CREST DR

SPYGLASS DR
BAY DR

PATRICIA DR

THERESA WAY

THOMAS DR

ESTATES DR

MESA VERDE

KRISTIN CT

JOSEPH ST

GLEN WAY

RUSHING ST

MELINDA CT

SUNRISE CT

NELDA CT

MASERA WAY

DI A WAY

LA RAM ADA

BROMLEY AVE

SAINT JOHN CT

MART NI CT

PETTY CT

SHEENA CT

MANZANITA WAY

AL CI AI DR V ERONICA CT

YOLANDA DR

JORDAN RD

TRIFF WAY

CAROLYN DR

SOFIA DR

KARNAIL CT

SESSLER PL

INEZ CT

STOKER AVE

G DI DA LOOP

EARNHARDT DR

WINGFOOT DR

KEVIN WAY

VIA JACINTO

LOUIS CT

PINEHURST DR

AARON DR

MORGAN WAY

NICOLAS DR

LA RABYN WAY

TORRY P NI E DR

CL NI T WAY

CHELSEA PL

RAJ CT DONALD CT

KRENTZ LN

GORDON WAY

GRE E NWIC H CIR

HARBOR TOWN DR

W OODRIDGE CT

HAZEL AVE
BAY CT

TANGLEWOOD CT

SMITH RD

PARK VIEW AVE

LITTLE JOHN RD

JACOB DR

SEQUOIA DR

ROBERT DR
Lighting & Landscape
Maintenance District No. 4
Zones of Benefit

ROYO RANCHERO RD

QUEENS AVE

S WALTON AVE

CLARK AVE

GRAY AVE

BUTTE HOUSE RD

FRANKLIN AVE

WESTERN PKWY

SUNSWEET BLVD

N WALTON AVE

PLUMAS ST

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

L VI E 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

COOPER AVE

CU R R IE R W AY
B ST

TABER AVE

PINE WAY

MORLEY AVE

FRANKLIN AVE

CAMPBELL WAY
ELM ST

BRIDGE ST

SPRUCE WAY

BROOKS AVE

PALM AVE

WILLOW WAY

FREDERICK ST

FRUITVALE AVE

LINDEN ST
A ST

HAWTHORNE ST

UNIVERSITY AVE

FLETCHER WAY

PAGE AVE

PARK AVE

ROBINSON AVE
5B_5
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

HARTER PKWY

HOOPER RD

STABLER LN

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

LINCOLN RD

FRANKLIN RD

GAR DEN HWY

PEASE RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits

S BARRETT RD

BUNCE RD

GARDEN HWY

GARDEN HWY

BOGUE RD

BOGUE RD

BR ANDSTATT AVE

RAILROAD AVE

E HILLCREST AVE

HUNN RD

JUDI TH CT

RICHLAND RD

MILES AVE

LINCOLN RD

WINSHIP RD

MOSBURG LP

SINGH'S WAY

WHISTLEWOOD CT

BRENTWOODDR

KILLIN GTON CT

CORNWELL AVE

SAPPHIRE WAY

PERCY AVE

M ILL CREEK WAY

TEESDALE RD

GROVE CT

ALMOND GROVE DR

JOHN TEE DR

MARINER
LOOP

SHANGHAI BEND RD

DEL LAGO

CARIS SA CT

PAYNE CT

KATH LEE N WAY

SOUTHLAND DR

ASHWOOD CT

HAST NI GS CT

PHILLIPS RD

WINSHIP CT

ALD ERWOOD CT

TARA CT

JILL CT
JAN CT

ATLA NTIC CT

EUREKA DR

STON YBR OOK CT

WOODBRIDGE AVE

DORCAS CT

MAGNOLIA DR

SOUTH PARK DR

R IVER OAKS DR
REO DR

MILLFRONT AVE

MARINER WAY

S CLARK AVE

VILLAGE CT

BLACK CT

WAVERLY CT

DEE BEERS CT

HAVEN CT

CAMBRIDGE CT

TULSA CT

BURL CT

MARIPOSA DR

MAIN ST

ROCKY CT

KATHERINE CT

RHINECT

WIN D RIVER CT

GEE BEE WAY

ALBATROSS AVE

SOUTHWIND DR

COLD WATER ST

STILLWATER DR

T MI BER CT

ROYAL RIVER DR

MARIAH DR

ARBOR WAY

BUNC E CT

SAINT JAMES CT

DAKOTA CT

GERALD CT

NEBRASKA DR

TRUCKEECT

FRANQUETTE DR

ORCHARD ST

MEAD OW WALK D R

JEFFREY
DR

ARIZONA
WAY

CANTERBU RY DR

MONTANACT

LAUREL DR

LASK DR

BLUE OAK DR

HOMEWOOD DR CRESCENT CT

LOIS LN
ARI CT

CARMELO WAY

CIRCASSIAN DR

TWINS WAY

PECAN DR

KELSEY CT

LONELY OAK DR

COTTON ROSSER WAY BARON CT

SHADY CT

TWIN RIVERS DR

PEORIA DR

BRANDON ST

TOLEDO ST

ATLAN TIS WAY NEPTUNE DR CRYSTAL CREEK LN

CORBY CT
GALAXY
DR

CALAVERAS CT

TULSA DR

DOLPHIN CT

O AKHOLLOW

MARLIN CT PACIFICA DR

NAUTILUS CT

WINDS O RDR

VOBORIL AVE

RAMONA AVE

DENNIS WAY

ASHLEY WAY

SWIFTCREEKCT

S LA WR EN CE AVE
OAK CT

SMITH RD

CLARO CT

BENTON DR

WH ISPERING OAKS CT

FALLING ROCK CT

SUNWEST DR

MAYET TE CT

CECILY CT

BIG OAKS CT

SHERWOOD DR

NORMANDY CT

TEAL CT

EMERALD DR

TIFFANY WAY

MURRAY CT

SHELBY CT ZEPHYR DR

CRESTMONTCT
WISCO
NS
IN CT

SPRING CREEK CT

WATERBURY CT

EL VALLAS CIR

QUEENSBURY WAY

WOODHURST CT
G

NOTTINGHAM WAY

LENWOOD DR

M E ADOWAVE

JAMES LN

RAPID FALLS DR

HARTLEY WAY

TEESDALE CT

SAM RIDER WAY

JOHN WAYNE DR

MICHIGAN CT

SCOTTENCT

EASTCREST CT

MAYFAIR AVE

MC CALL AVE

MALICK AVE

JESSIE AVE

CAROLINA AVE

DEER CREEK DR

MACKENZIE DR

EDGEWATER WAY

IDAHO WAY

SAVANNAH DR

EPLEY DR

CENTER DR

WINDWARD WAY CLAREMONT WAY

WHITE WATER WAY

COUR T YARD WAY

AT WOOD DR

MISSISSIPPI DR

BIG OAKS
DR

KAREN DR

BELL AVE

STAPLE DR

BURNS DR

HASSETT AVE

JULIE DR

GENEVA AVE

LA CASA AVE

BRIAR LN

SECOND ST

JONES RD

RANDOLPH DR

CRESTMONT AVE

GOLD RIVER DR

HASTING S WAY

STONYBROOK DR

PARK AVE

WILD R VI ER DR

LA GRANDE AVE

BUCKRIVERST

SAMUEL DR

BERNARD DR

STONEWATER DR RAPID WATER WAY

STARLITE LN

ANDREW DR

OREGON WAY

DELONE DR

DRUMMOND DR

SCIROCCO DR

TRADEWIND DR

SOUTHPOINTE DR

COLUMBIA DR
RICKEY
DR

NAURA CT

HILLCREST AVE

MORRISON BEND

HAMSTEADLN

WHITE OAK DR

SHADY LN

HIGHLAND AVE

SLEEPY DR
UTAH
CT

KELLI DR

WH SI PER NI G OAKS DR

TRINITY AVE

PUTMAN AVE

M ADRONE DR

EASTWIND DR

CELESTIAL WAY

MC KEEHAN DR

TUSCAN RD

DORMAN AVE
5A
5F
5B_3
5B_4
5C_1
5C
5C_5
5C_6 5C_4
5C_2
5B
5G
5H_5
Lighting & Landscape
Maintenance District No. 5
Zones of Benefit

QUEENS AVE

S WALTON AVE

BUTTE HOUSE RD

FRANKLIN AVE

PLUMAS BLVD

PLUMAS ST

RICHLAND RD

LINCOLN RD

GEORGE WASHINGTON BLVD

HARTER PKWY

HOOPER RD

STABLER LN

LIVE OAK BLVD

BRIDGE ST

S GEORGE WASHINGTON BLVD

LINCOLN RD

FRANKLIN RD

GAR DEN HWY

PEASE RD

BOGUE RD

N WALTON AVE

BUNCE RD

OHLEYER RD

TIERRA BUENA RD

GRAY AVE

CLARK AVE
Highway 20Highway 99 Highway 99
8 Legend
Maintenance Districts μ City Limits

6A_3
6A_1
6A_2
6B_1
6B_2
6B_3
6B_4
6B_5
6B_6
6B_7
6B_8
6B_9
6B_12 6B_10
6B_13
6B_14
6B_15
6C_1
6B_15
6A_1

RAPID FALL S DR

R EA G A N WA Y

LASK DR

BUNCE RD

DEL LAGO S CLARK AVE

S WALTON AVE

COOPER AVE

BOGUE RD

CHERRY ST

WASHINGTON AVE

WILBUR AVE

PLUMAS ST

LIVE OAK BLVD

N GEORGE WASHINGTON BLVD

RICHLAND RD

GARDEN HWY

HUNN RD

LINCOLN RD

CIVIC CENTER BLVD

BUTTE HOUSE RD

CHURCH ST
C ST

PEASE RD

GRAYAVE

JONES RD

BRIDGE ST

THARP RD

EL MARGARITA RD

SHASTAST

FRANKLIN RD

ALMOND ST

WOODWARD ST

SUNSWEET BLVD

STABLER LN

ORANGE ST

HARTER RD

STAFFORD WAY

CLARK AVE
HWY 20

PERCY AVE
HWY 99

GERMAINE DR

LO R W O O D D R

RAILROAD AVE

SECOND ST
B ST

E HILLCREST AVE

ROCCA WAY

OLIVE ST

BLEV NI RD

QUEENS AVE

RED W OOD W AY

DEERFIELD DR

RANDOLPH DR

CYPRESS DR

MAGNOL AI WAY

JUDY WAY

LAENTRADA WAY

CAM ELIA WAY

FORBES AVE

WILD RIVER DR

M IL E SAVE

FRANQUETTE DR

VAL ENCIA ST

CRES TMONT AVE

B RI M NI GTON DR

P NI E WAY

BU CK NI G HAM DR

MORTON ST

B R EN T W OO D D R

BUTTE VISTA LN

HOOPER RD

CORNWELLAVE

CONSTITUTIO N DR

YO RKTOWN DR

DOROTHY LN

APRIL LN

JODI DR

SER ENA CT

MARKET ST

MIL L C REEK WAY

MONROE DR

S BARRETT RD

TEESDALE RD
AST

C O LU SA FR O NT AG E R D E B O N

MONTE AVE

MESSINA DR

OLEANDE RDR

MARCIAAVE

RYAN DR

HARTER PRKWY

LITTLE JOHN RD

JO H N TE E D R

TULY PKWY

MA RINER LOO P

PONDEROSA CT

E ONSTOTT FRTG RD

FAIRMAN ST

ROMERO ST

MAPLE AVE

CHESTNUT ST

JESSICA DR
HWY 20 RAM P O FF

PARK AVE

PAYNE CT

YOLO ST

FLORA NI DR

KELLEE N DR

W A LNU T S T

DEL PRADA WAY

PH LI L PI S RD

JE FFREY DR

LA BR EA WAY

BUCHANAN RD

NORTHCR OSS ST

NANTUCKET WAY

CAM NI O CORTEZ

CAPISTRANO ST

JI LL C T

PERA LTA ST

ZAM ORA S T

JA N C T

BEU TL ER DR

HAWK CT CARTAGENA DR

MYKONOS CT

STABLER PARK D R

JANICE WAY

HERITAGE DR

WHYLER RD

LOANOR DR

CHASITY WAY

TRES PICOS DR

SYLV AI WAY

AR DEN AVE

MONTCLAIR DR

THOMA S CT

EL VERANO W AY

RAP CWESTDR

PORTOFINO DR

RUTH AVE

PARI SW AY

KLAMATH LN

CAMINO DEL FLORES

NIELSON AVE

FRANKLIN AVE

JAMIE DR

CLEARVI E W DR

EL I C T

PEBBLE BEACH DR

HOLLYTREE DR

ELSOBRANTE CT

JEFFERSON AVE

JOHN DR

HUNJI DR

RONALD WAY

BRUNDY CT

SAM BRAN NAN WAY

AUGUSTA LN

DORCAS CT

NORWICH WAY

KRISTINA M ILL ER DR

CL E OC T

BERK SHI RE DR

PI C O C T

JOHNATHAN CT

S LAWRENCE AVE

ANDROSS AVE

DU K E CT

AYLOR AVE

C O LU S A FR O N T AG E R A M P O N SUTTER ST

ALLEN WAY

MILLER RD

LA GRANDE AVE

MANCHESTER WAY

RIVER OAKS DR

LIBB Y LN

HOWARD DR

COLUSA FRONTAGE RD

SI ENNA WAY

ANTHONY WAY

M ARINER WAY

FIRENZE CT

BARRINGTON DR

NEWPORT DR

TEEGARDEN AVE

FRU ITVAL EAVE

LA ME SA WAY

NICK CT

LAKE DR

CREST DR

HOLMES DR

IRIS WAY

BE T TY C T

R AI E ST A TE S C T

AK ER S CT

TAMARACK DR

RA NC HO W AY

SANTORINI CT

HAC EI NDA CT

SANTA BARBARA WAY

JA YN E C T

REGE NC WY
AY

JONES ST

MAR NI A DR

PLUMAS CT

CR E S T C T

MARIPOSA DR

P L U M C T

AMARPAL CT

CORSICA DR

W JOSEPH ST

EL DORADO LN

EVERESTC T

W O OD H AV E N D R

D O V E C T

EL SER ENOC T

ABBOTT WAY

GREENBRIAR CT

SAMUEL DR

QUALI CT

RA C H EL C T

NORTHF EI LD CT

PORTSM OUTH DR

COR T E Z C T

GEE BEE WAY

A LBATROS S AVE

CAPRI DR

KE YS E R S T

ANNA DR

BERNARD DR

O A KB R O O K D R

E DWINDR

LY N E LL C T

INDUS TRIAL CT

GREENW OOD W AY

F IFT H S T W B S U TT E R ST O FF

PELICAN PL

LESSEY DR

ROYO RANCHERO RD
COY DR

SOUTH W IND DR

KY L I E C T

DEL NORTE AVE

JA S O N C T

SAN NICCOLO DR

AN TI AWAY

ZUPAN WAY

CEMETARY WAY

CENTER ST

KENSINGTON WAY

MARIAH DR

PLUMAS BLVD

ARBOR WAY

CHARLOTTE AVE

LOR RIE WAY

RAPID W ATER WAY

MAD D E N C T

B U N CE CT

MALAGA CT

PEARSALLWAY

SA NI T JAMES CT

BROWN AVE

REEVES AVE

SANBORN RD

OHLEYER RD

WILDFLOW ER CIR

ORCHARD ST

CRISP DR

ER I C C T

DEBBIE LN

ARROYA GRANDE

ESPLANADE WAY

B R IS TOLC T

B RI CHWOOD CT

STARLITE LN

EL ZI ABETH LN

LE X I N G TO N C T

PORTOLA VALLEY RD

SESSLE R DR

ROOSEVELT RD

BO BB Y LN

RICHARDS WAY

JU D I TH C T

DOM A NI WAY

EDEN WAY

ANDREW DR

RICE WAY

GURJ WAY

YOUNGS LN

PE R K I N S W A Y

DEAN DR

SE R E N A D R

HONOR OAK DR

REDHAVEN AVE

VI C TOR IA C T

MILTON DR

LA U R E L D R

TRUE RD

JORI CT

BRIAN DR

TEAKWOOD DR

NORTHGATE DR

MC CUNE AVE

RAMERIZ DR

PA M E L A C T

BIL LIE ANN D R

H O M E WO O D D R

S A I N T A N D R E WS D R

PHEASANT DR

LEWISAVE

SE V I LLA C T

GREENGATE ST

WOODLAND DR

MAIN ST

SA R A H C T

D AV E PL

SANDPIPER DR

JE NN FI ER LN

N HARD NI G RD

DA N A W AY

MANZANITA WAY

MAG NOL IA DR

NI DER LN TRACY DR

OAKVI EW DR

PEACH TREE LN

EM IL Y L N

PALORAAVE

PATTY DR

TWINS WAY

ELLIOT DR

G IL L IL A N D D R

CRESWELL DR

GREGORY DR

GRO USE WAY

JOSEPHENE WAY

W LI L OW CREEK DR

CARMELITA DR

COUNTRYSIDE DR

SPYG LASS D R
BAY DR

C O TT O N R O S S E R W AY

NORTH POINT DR

BAR WICK WAY

LANCAS TER WAY

CYNDALN

GIDDA LOOP

BRADLEY ESTATES DR

DARROUGH DR

DELONE DR

PATRICIA DR

TOYON WAY

NADEAN DR

IMPERIAL WAY

BROOK SIDE CT

OAKWOOD DR

KATHLEEN WAY

LA P A LM A

JE N N I FE R C T

YO R K D R

THERESA WAY

N AN C Y C T

THOMAS DR

SCIROCCO DR

NINA WAY

RICH LN

MICHAEL WAY

MANN DR

WINSLOW DR

GREENH AVEN DR

CAMINO DEL ORO

ROSEW OOD DR

KIMBALL AVE

SOMERSET WAY

PR OVENCE DR

VALLEY VIEW DR

TIMOTHY LN

KENNEDY DR

OLIVER DR

ESTATES DR

MESAVERDE

AD E L I N E S T

ZACHARY WAY

NEPTUNE DR

CAM ELL AI LN

S W A R N C T

WILLOW GLEN DR

NORTHFIELD DR

ROSE LN

DAN EI L DR

KR I S T IN C T

JOSEP H S T

TRADEWINDDR

CU MM IN GS C T

G LE N WA Y

MEADOW AVE

CURR EI R WAY

RUSHING ST

SIERRA VISTA DR

M E LI N D A C T

QUAIL POINTE DR

SO UTHPOI NTE DR

FREDERICK ST

BA YWO OD CT

MOORE AVE

SH E R M AN C T

WHITNEY DR

GALAXYDR

MO NTEREYAVE

SU N R I S E C T

UPLAND DR

CA L AV E R AS C T

WOODLEAF D R

BEEC HWOO D ST

N EL D A C T

N PALORA AVE
NEILDR

E T A BE R AV E

WOODBRIDGE AVE CENTRAL AVE

LO R E T TA C T

N WALTON AVE

LASSEN BLVD

OAK HOLLOW

BRYN MAWR DR

MALTA DR

KILEYAVE

RIO VISTA

BA P T I ST LN

H EI K E N WA Y

DORMA N AVE

S HARDING RD

IDA WAY

N A UT IL U S C T

BROMLEY AVE

WINDSOR DR

FREMONT WAY

M IA L P

VOBORIL AVE
ELM ST

G IB S O N AV E

M A R TI N C T

PETTY CT

HUNT ST

GRANT WAY

PEPPERWOOD DR

FRAN CT

AS H L E Y W AY

D EN N I S WA Y

DERAE CT

MC RAE WAY

SH E E N A C T

S I N D U S TR I A L D R

BR Y A N W A Y

RI C KEY DR

SPIVAAVE

BE N N E T T W AY
SU TTER ST HW Y 20 WB O FF

CA R L OTT A WA Y

LA MANTIA DR

HAWTHORNE ST

SA MU E L JA MES CT

R O WE AV E

UNIVERSITY AVE

COL IN CT

CHR SI TIFER L N

C AN D A C E C T

KE N D A L L C T

AL CI AI DR

ROB NI SON AVE

H ER B E R T C T
BALCT

DIJO N CT

KE L TO N W AY

PO PP Y LN

MAL KIT CT

PE R I W IN K L E L N

SL O S S A V E

SA T O R I W AY

CLARO CT

SH AY WAY

B E NT O ND R

V ER O N I CA C T

LYLE CT

YOLANDA DR

DEBBIE WAY

C ED A R WA Y

LIND EN ST

WILL OWBROOK DR

GARY DR

RANDY W AY

JORDAN RD

M CI H CT

TRAVIS C T

MAD SI ON RD

LEEANNE AVE

S U N W E S T D R

CLA RI E CT

M AY E T T E C T

CECILY CT

FL E TCH E R W A Y

MICHELLE DR

ASPEN DR

ALEMAR WAY

TRIFF WAY

SHERWOOD DR

WH I T E O A K D R

N O R M A N D Y C T

LIL AC WAY

COU R T H OU SE WA Y

MARBL E CT

FO R E S TV IE W D R

GRANITE DR

BOYD ST

TE AL CT

PEBBL E CT

W E ST W O O D D R

WO O D C R E S T W A Y

M O S S WO O D D R

TI M B E R W O O D D R

SO FIADR

KAR NA LI CT

BR I G H T O N WA Y

HARDIAL DR

WILWICK WAY

CLYDE WAY

M AT T H E W D R

SLE EPY DR

SE SSL ER PL

MUR RAY C T

D O LO R E S D R

C EN T U R Y PA R K D R

ZEPHYR DR

YO R KS H I R E WA Y

SKYLINE DR

INEZ CT

C R E S T M O N TC T
VI C T

BI G O AKS DR

C AR L I S LE WA Y

C O LL E G E H I L L WA Y

M C C O LL U M A VE

TH O M P SO N A V E

LA G R A N D E W A Y

N O R TH W O O D S D R

EM M ET WAY

GENOA CT

CHLOE CT

FORES TW OOD DR

SA I N T F R A N C I S W AY

STO KER AVE

C O M M E R C I A L D R

VON GE LDE RN WAY

FO RREST LN

MEHAR CT

RAVI CT

VINEAVE

SUKH DR

Q U E EN S B U R Y WA Y

EA R N H A R D T D R

KING AVE

AINSLEYAVE

WO O D H U R S T C T

BU E N A VI S T A D R

PABLA CT

HARBANS DR

EM ERSO N ST

VA LLEY CT

WI N G F O O T D R

ALTURAS ST

HIGHLAND AVE

ROCKHOLT WAY

COATS DR

N O TT I N G H A M WA Y

KEVI N WAY

FIPPI NS AVE

GLENW OODDR

LOUISEAVE

TIERRA BUENA RD

VI A JA C I N TO

G R A N AD A WA Y

EONS TOT TF R ON TA G E RD

LOUIS CT

SH A K E W O O D D R

PINEHURSTDR

TEJA DR

BOWEN CT

JAMES LN

MORLEY AVE

SOMBRA CT

CAMD EN WAY

KLAMT CT

HARTL EY WAY

WILKIE WAY

JOY WAY

ELLIS WAY

ROSALIND AVE

W ONSTOTT FRTG RD

LYNN WAY

AARON DR

MO RGAN WAY

NICOLAS DR

TEESDALE CT

DONA WAY

POOLE BLVD

TORRY P NI E DR

SA N G I M I G N A N O D R

LO U E LL A L N

MAJORCA DR

CL NI T WAY

MCKINLEY RD

EV E R G R E E N WA Y

PARC EASTDR

W ONSTOTT FRONTAGE RD

RIDGEW AY

OJI WAY

E L G R A N E R O W A Y

C AR O LE I G H WA Y

KIRA CT

TO W N S Q U A R E

MILLER ST

SAM RI DER WAY

JOHN WAYN E DR

C H ELSEA PL

CARRIAG E SQ

OHLSON ST

MEADOWLARK WAY

DONALD CT

DOWNIE ST

SCOTT ST

CARROLL ST

LOR RAINE WAY

COLE CT

BR A N D Y WI N E D R

WILSON AVE

TOLEDO ST

LIZANNE DR

GURDAS CT

CASE CT

MELAN EI LN

SCO TTEN CT

STARR DR

LYNNWO OD D R

NORTH RIDGE DR

HILLVIEW DR

COBBL ESTO NE CT

KEAN AVE

OXFORD CT

STONEY DR

EASTCREST CT

TURI N DR

CALAIS DR

BUTTE BEND LN

MAYFAIR AVE

ROL LIN G RO CK CT

BANDY WAY
RAJ CT

GRAYSTO NE CT

MCCALL AVE

MALICKAVE

JESSIE AVE

DEL AMO DR

TABER AVE

KRENTZ LN

CAROL INA AVE

HOL LYAVE

JEWELL AVE

PRINCESS ST

N OLIVE R DR

CAMPBEL L WAY
S
B
P
R
R
O
U
O
CE WAY
KSAVE

PAGE AV E

PAL M AVE

PLAZA WAY

BR ANDSTATTAVE

WILLOW WAY

GORDON WAY

HUNTER WAY

E L E N C I N O W A Y

KELLIDR

HETH ER NI G TO N CI R

BE CKY LN

LYNCHBUR G DR

SAVANNAH DR

LAMONW AY

MELBA ST

G R EE N W IC H CI R

HARBOR TOWN DR

EPLEY DR

ELMER AVE

C E NTER D R

N L AWREN CE AV E

WOODRIDGE CT

WIND W ARD W AY

WHITE WATER W AY

CHANDLER WAY

MICHIGAN ST

COURTYARD WAY

WOO DWOR TH AVE

STO NEGATE D R

ATWOOD DR

LA RAM ADA

HAZEL AVE

SPENCER LN

TRINITY AVE
BAY CT

SHARON DR

MAYFLOWER WAY

LA CIENEGA WAY

KARENDR

BELL AVE

HARKEY WAY

TANGLEWOOD CT

STE VEN WAY

ALFRED WAY

SIERRA AVE

BURNS DR

SEAGULL DR

FRANCIS WAY

RED BUD LN

AZALEA WAY

KNIGHTS ROW

BIRD ST

C TI RUS DR

HASSETT AVE

JULIE DR

GENEVAAVE

N BARRETT RD

WENDEL L WAY

DUST DIN
R

STE WART WAY

ANNEKA LN

PUTMAN AVE

V ILLA VIS TA AV E

LA CASA AVE

MADRON E D R

INDUSTRIAL DR

BUTTE AVE

CLINTON ST

SUPP RD

JACOB DR

SEQUOIA DR

EASTWIND DR

VERNON AVE

BANCROFTAVE

BRIAR LN

BEYMER LOOP

REBECCA DR
QUEENS AVE SB 99ON

FIFTH ST

MIR A DA CIR

WILDER AVE
GEAR
RI YC
99 SB QUEENSAVE OFF
ART DR

DELMONTE AVE
QUE ENS AVE 99 NB ON

ANNETTE WAY
99NB QUEE NSAVE OFF

HEATHER D R

ECKHART RD

WINSHIP RD

FRUITRIDGE RD

MONROE RD

ROBERTDR

CASITA DR CASA LOMA WAY

LA COLINA LN

WILLIAMS WAY

MC MULLEN AVE

REGENT L OOP

HAYNE AVE

MELTON DR

KENNY DR

O NSTOTT FRTG RD

ROSEMARY LN

FIFTH ST BRIDGE STWB OFF

DELLE DR

HILLCREST AVE

V ETE RA N S M EM O R

D L AI R

ADAMS RD

CASSIDYAVE

ORO GRANDE ST

KIMBERLY DR

PARK VIE W AVE

YOUNG RD

MC KE EHAN DR

VILLAAVE

HELEN AVE

SPIRIT DR

GABRIEL AVE

REDDING AVE

S GEORGE WASH NI GTON BLVD

S TAB LE R
L N

P ER C Y
A VE
Lighting & Landscape
Maintenance District No.6
Zones of Benefit

QUEENS AVE

SWALTON 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
Highway 20
Highway 99 Highway 99
8 Legend
City Limits
Maintenance Districts
µ

ATTACHMENT 2

DISTRICT 5-6 PROPOSED ASSESSMENTS
District Zone of Benefit
FY 2024-25
Proposed Levy
Rate ($)
Change From
Previous Year ($)
Maximum
Levy Rate
Allowed ($)
A $257.70 $42.96 $257.71
B $86.50 $10.45 $86.51
C_1-9 $162.16 ($19.00) $186.77
C_10 $101.31 ($16.04) $120.98
D $145.16 $0.00 $256.47
E $103.00 $0.26 $105.92
F $117.38 $0.00 $208.39
G $65.16 $1.98 $65.16
H_1-8 $41.86 $1.26 $41.87
H_9 $92.38 $2.78 $92.39
I $77.10 $0.00 $87.79
J $146.20 $0.00 $235.22
K 1-17 $274.78 $45.06 $332.80
K_18 $363.02 $122.22 $439.10
5 L $155.12 $4.66 $155.12
A_1 $358.72 $10.82 $358.73
A_2 $358.72 $10.83 $358.73
A_3 $358.72 $10.84 $358.73
B_1 $576.80 $45.74 $576.81
B_2 $530.00 $42.06 $530.00
B_3 $364.60 $28.92 $364.60
B_4 $1,924.24 $152.60 $1,924.25
B_5 $0.00 $0.00 $549.79
B_6 $106.00 $8.40 $106.01
B_7 $106.00 $8.40 $106.01
B_8 $242.38 $19.22 $242.39
B_9 $479.88 $38.06 $479.88
B_10 $158.66 $12.58 $158.67
B_12 $182.86 $14.50 $182.87
B_13 $166.06 $13.16 $166.07
B_14 $187.62 $14.88 $187.63
B_15 $62.54 $4.96 $62.54
6 C_1 $587.62 $57.12 $587.63

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Residential Street Light Maintenance Districts - Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 within Yuba City Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)
Fiscal Impact: Receipt of assessments and expenditures of funds associated with residential street light maintenance districts throughout the City.

Purpose:

To initiate proceedings for the continuation of the levy of Assessments for Fiscal Year 2024-25 within the Residential Street Light Maintenance Districts, pursuant to the provisions of the Benefit Assessment Act of 1982 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Residential Street Light Maintenance Districts (RSLMDs) addresses the City Council’s Strategic Goal of maintaining infrastructure, as the levy of the RSLMDs will ensure that street lighting remains operational.

Background:

The City annually levies and collects special assessments in order to maintain and service streetlights in the Walton Avenue Area and Tierra Buena Area. The Districts were formed while the areas were under the County’s jurisdiction, and the City took over the administration of the Districts when they were annexed into the City.

Analysis:

The Engineer's Annual Levy Reports (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.

Fiscal Impact:

Annual levies will remain unchanged for both Districts. The proposed levy amounts for each District are shown in Attachment 2.

The projected revenue, expenditures, and cash balance for the Districts are as follows:

District Revenue Expenditures Projected Reserve Fund Balance as of 07/01/2025
Tierra Buena Area $25,011.56 $31,454.17 $106,453.59
Walton Area $81,677.48 $89,203.47 ($38,563.90)
Operating costs for the Walton area have neared or exceeded the maximum levy for the district multiple times over the past ten years. Additionally, operating costs for Walton have increased while operating costs for Tierra Buena have decreased after FY 2015-16. The City believes that there is an error within PG&E's billing system. The City previously performed an internal audit to determine the cause of the discrepancy, and were not able to find the cause. If desired, Council may direct City staff to perform another internal audit, inclusive of site visits, to determine the cause of the discrepancy and correct any billing issues moving forward.

Alternatives:

1. Council may direct the modification of the assessment amounts which will affect future revenue and expenditure amounts in FY 2024-25, or cancel the Districts and find alternative funding sources to operate the streetlights.

2. Council may direct City staff to follow legal procedures in order to modify the Residential Street Light Maintenance Districts to include Cost of Living (COLA) provisions.

Recommendation:

A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2024-25 within Yuba City Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)
Attachments:

1. Attachment 1 - Resolution RSLMD Public Hearing

2. Exhibit A - District Maps RSLMDs

3. Attachment 2 - Proposed Assessments - RSLMDs
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

CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024-25 WITHIN YUBA CITY RESIDENTIAL STREET LIGHT MAINTENANCE

DISTRICT (WALTON AREA) AND YUBA CITY RESIDENTIAL STREET LIGHT

MAINTENANCE DISTRICT (TIERRA BUENA AREA) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, the City Council of the City of Yuba City previously formed Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“Districts”), pursuant to the provisions of the Benefit Assessment Act of 1982, California Government Code Division 2, Chapter 6.6, Section 54703 et seq. (hereafter referred to as the “Act”); and
WHEREAS, a Report (hereafter referred to as the “Formation Report”) was prepared, filed and approved by the City Council in connection with each of the Districts and the levy of said assessments, pursuant to Section 54716 of said Act; and WHEREAS, the City Council conducted property owner protest proceedings relating to the improvements and services described in the Formation Report and the levy and collection of annual assessments and an assessment range formula related thereto for each of the Districts in accordance with the provisions of the California Constitution Article XIIID and Proposition 218; and
WHEREAS, pursuant to the Act, after the first year’s levy of assessments, the City Council may annually thereafter determine the cost of the services to be financed by the assessments and by ordinance or resolution determine and impose the assessments as approved by the property owners in conjunction with formation of the Districts; and WHEREAS, the Council directed and authorized the City Engineer to assist with the calculation and establishment of the assessments and to prepare and file a budget report(s) (hereafter referred to as the “Engineer’s Report”) with the City Clerk, generally describing how the Districts were formed, the improvements and services within the Districts, the method of apportionment and dispensation of the benefits, and the budget containing the costs and proposed levy amounts for funding the benefits and the assessment roll; and
WHEREAS, the Engineer’s Reports outlining the proposed expenses and annual assessments for the Districts have been prepared and presented to the City Council for review and filed with the City Clerk; and
WHEREAS, the City Council now desires to impose the annual assessment for each District at an amount not to exceed the maximum amount previously approved by the voters; and WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on July 2, 2024 at 6:00 p.m., in the City Hall council chambers to consider the proposed annual levy of assessments for each of the Districts; and,

WHEREAS, on July 2, 2024, all interested persons were afforded the opportunity to comment in protest or support of the assessments; and
WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report, which serves as the budget report, as presented and is satisfied that the assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the Districts therein; and WHEREAS, the City Council now desires to levy the annual assessment for Fiscal Year 2024-25 for the Districts.

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 to collect assessments against the assessable lots and parcels of property within existing assessment districts designated Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“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 operation of residential street lights.

5. The assessments to be levied and collected against the assessable lots and parcels of property within each District for Fiscal Year 2024-25 are proposed to remain the same as compared to the assessments levied and collected for Fiscal Year 2023-24.

6. The City Council has reviewed the Engineer’s Report, which serves as the budget report, in connection with each of the Districts and the levy and collection of assessments proposed for Fiscal Year 2024-25. Based upon its review of the Budget Report, the City Council hereby finds and determines that:
a. The territory of land within each of the Districts will receive special benefits from the operation, maintenance and servicing of the street light system and the appurtenant improvements and facilities related thereto within that District; and,
b. The net amount to be assessed upon the lands within each of the Districts, in accordance with the proposed Engineer’s Report (commencing July 1,

2024 and ending June 30, 2025) shall be apportioned by a formula and method which fairly distributes the net amount among the eligible parcels within that District in proportion to the special benefits to be received by each parcel from the improvements and services as defined in the original Engineer’s Report first prepared and filed pursuant to Section 54716 of Act, and is satisfied that the assessments are levied without regard to property valuation.

7. The budget and assessments for each of the Districts for Fiscal Year 2024-25 as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

8. The Council finds that the hearing on said annual levy of assessment for the Districts was held in accordance with law and all persons desiring to speak were heard.

9. The Engineer’s Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved for each District, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for Fiscal Year 2024-25 is proposed to remain the same as the previous year as described in the Engineer’s Report.

10. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Engineer’s Report for each District. As the levies are consistent with the amounts approved with the formation of each District and remain the same, the assessment is exempted from the requirements of Article XIII Section D of the California Constitution (Proposition 218).

11. The City Council hereby orders the Districts improvements as indicated in the Engineer’s Report, to be made and authorizes and directs the City Clerk or designee to file the levy with the County Auditor/Controller for Fiscal Year 2024-

25. 12. The County Auditor/Controller of Sutter shall enter on the County Tax Roll opposite each identified parcel of land the amount of the levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

13. The adoption of this Resolution constitutes the levy of the annual assessment for the fiscal year commencing July 1, 2024 and ending June 30, 2025 for the Districts.

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 2nd day of July, 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(s):

Exhibit A – District Maps

EXHIBIT A

CHERRY ST

RICHLAND RD

BOGUE RD

HUNN RD

LINCOLN RD

TANGLEWOOD DR

SMITH RD

JODI DR

LEONARD CT

S WALTON AVE

THOMAS CT
ELI CT

ANTHONY WAY

C AMINOCORTEZ

ARDEN AV
OLIVER
E
DR

AUGUSTA LN

PEBBLE BEACH DR

RANCHO WAY

MARINA DR

CREST CT

HOLLY TREE DR

FALLSDR

ELIZABETH CT SHAYLENE CT

BARRINGTON DR
IDA CT

ANITA WAY

NAND CT

MA SERA CT

CREST DR
CORTEZ
CT

EL SE RENOCT

W JOSEPH ST

RICHARDS WAY

ANNA DR

PELICAN PL

ERIC CT

MELINDA CT

KRISTIN CT

PORTOLA

VALLEY RD

CRISP DR

DH LI LON DR

BRIAN DR

NAND DR

GLENWAY

NELDA CT

COUNTRYSIDE DR

PARKWOOD DR

DEAN DR

MANZANITA WAY

MC CUNE AVE

MARJOR EI DR

INDER LN

JOSEPHENE WAY

S WALTON AVE

ST ANDREWS DR

PATRICIA DR
BAY DR

TRACY DR

RAMERIZ DR

GREGORY DR

BUCHANNAN
RD

CREST DR

SPYGLASS DR

SUNRISE CT

SEQUOIA DR

INDER LN

S WALTON AVE

CAMINO DEL ORO

THOMAS DR

FRAN CT DERAE CT

ESTATES DR

RUSHING ST

SHEENA CT

BURGANDY DR

R DI GE WAY

WOODLE A F DR

ST JOHN CT

MARTIN CT

MASERA WAY

BROMLEY AVE

PETTY CT

S HARD NI G RD

CEDAR WAY

JORDAN RD

CAMINO DE FLORES

MICHELLE DR
ASH CT

PARKWOOD CT

EDWIN DR

SESSLER PL

TRIFF WAY
INEZCT

PALORA AVE

SOFIADR

MEADOW AVE

VIA J AC NI TO

ST FRANCIS WAY

STOKER AVE

MC CUNE AVE

LOUIS CT

EVERGREEN WAY

TORRY P NI E DR

KRENTZ LN

NICOLAS DR

SHAKEWOOD DR

LA RABYN WAY

MORGAN WAY

S WALTON AVE

AARON DR

DONALD CT

CLINT WAY
RAJ CT

EDWIN DR

H OLLY AVE

HOLCOMB RD

GROVE RD

HARBOR TOWN DR
W

OODR DI GE CT
MEADOW
AVE

LA RAMADA

HAZEL AVE

MICHELLE DR

SEAGULL DR

VERNON AVE

BANCROFT AVE

LITTLE JOHN RD

BUCHANNAN RD

CAMINO DE FLORES

GERMA NI E DR GERMA NI E DR

BERKSHIRE DR
ALLEN
WAY

JOHNATHAN DR

EDWIN DR

THERESAWAY

SESSLER DR

SESSLER DR

EDW NI DR

SANBORN RD

ELLIOT DR

CRESWELL DR

SANDPIPER DR

MESA VERDE

JOSEPHST

JOSEPHST

DI A WAY

TUSCANY DR

AL CI AI DR

RAI ESTATES CT

YOLANDA DR

OHLEYER RD

S HARD NI G RD

YOLANDA DR

G DI DA LOOP

JODI DR
HWY 99 SB
HWY 99 SB HWY 99 NB
BAY CT

AUTUMNWOOD DR

ALYSSA DR

CREEKWOOD DR

SEQUOIADR

JACOB DR

ONSTOTT FRTG RD

GREEN V ALLEY RD
8 Yuba City Residential Street Light Maintenance District Walton Area

BUTTE HOUSE RD

GEORGE WASHINGTON BLVD

KIM WAY

JEFFERSON AVE

HOOPER RD

AMERICANA DR

SERENA CT

YORKTOWN DR

ROMERO ST

TEAL HOLLOW DR

NORTHCROSS ST

VALENCIA ST

PERALTA ST

ZAMORA ST

CLEARV EI W DR

TORI CT

RUTH AVE

MONROE DR

BOBBY LN

VIA ROMA WAY

JORI CT

KYLIE CT

SARAH CT

DAVE PL

LIBBY LN

ROYO RANCHERO RD

COLUSA FRONTAGE RD

JOHN PL

PARIS WAY

LORRIE WAY

ROOSEVELT RD

ROYO RANCHERO RD

SER ENA
MAR

DR COS CT

TRUE RD

CARMELITA DR

EMMA CT

CYNDA LN

QUAIL POINTE DR

SIERRA VISTA DR

LORETTA CT

VOGT CT

COUGHLIN CT

BRYAN WAY

LA MANTIA DR

MARBLE CT

INDEPENDENCE DR

VAN VLECK ST

PEBBLE CT
VI CT
RUE DR

MONROE DR

VINE AVE

KIRA CT

YORKTOWN DR

TEJA DR

DONA WAY

SAN GIMIGNANO DR

TOMBI WAY

MCKINLEY RD

CAROLE GI H WAY

LONG ST

YOR KTOWN DR

M LI LER RD

FRUITRIDGE RD

STONEY DR

COLUSA FRONTAGE RD

BECKY LN

LYNCHBURG DR

MELBA ST

YORKTOWN DR

V LI LA AVE

W LI LIAMSBURG DR

EL MARGARITA RD

MONROE RD
HWY 20 EB HWY 20 WB

MONROE RD

ADAMS RD

V LI LA AVE

EL MARGAR TI A RD

TULIO ST

REDDING AVE
COY DR
COY DR

KENNEDY DR

TORI LN

BRYN MAWR DR

PEPPERWOOD DR

GRANITE DR

MAD SI ON RD

WESTERN PKWY

BUENA V SI TA DR

TIERRA BUENA RD TIERRA BUENA RD

STONEGAT E DR
ART
DR

ELMER AVE

DELLE DR

KIMBERLY
DR

ORO GRANDE ST

YOUNG RD

YOUNG RD

REDDING AVE
8 Yuba City Residential Street Light Maintenance District Tierra Buena Area

ATTACHMENT 2

PROPOSED ASSESSMENTS

WALTON RESIDENTIAL STREET LIGHT DISTRICT
Affected Subdivision Proposed
Assessment
(per single unit - $)
Change From
Previous Year ($)
Maximum Levy
Allowed ($)
Bogue Ranch $37.00 $0.00 $37.00
Bogue Ranch II $59.40 $0.00 $59.40
Cypress $41.74 $0.00 $41.74
Hampton Estates I $45.58 $0.00 $45.58
Hampton Estates II $41.80 $0.00 $41.80
Kushlia Village $62.00 $0.00 $62.00
Lincoln Park II $52.56 $0.00 $52.56
Lincoln Pointe $51.48 $0.00 $51.48
Lincoln Village I $61.44 $0.00 $61.44
Lincoln Village II $50.78 $0.00 $50.78
Meadowood I $73.12 $0.00 $73.12
Meadowood II $111.88 $0.00 $111.88
Orchard II $62.92 $0.00 $62.92
Orchard III $34.60 $0.00 $34.60
Ravenwood I $54.06 $0.00 $54.06
Ravenwood II $67.28 $0.00 $67.28
Ravenwood III $40.40 $0.00 $40.40
Sanborn Estates $63.58 $0.00 $63.58
Sandpiper I, II, III $46.32 $0.00 $46.32
Sun Valley II $51.48 $0.00 $51.48
Sunrise Village $58.56 $0.00 $58.56
W Ranch
Meadowood
$67.06 $0.00 $67.06
Walton Park Estates $38.00 $0.00 $38.00
Walton Ranch $60.06 $0.00 $60.06
Woodside Village II $67.56 $0.00 $67.56

TIERRA BUENA RESIDENTIAL STREET LIGHT DISTRICT
Affected Subdivision Proposed
Assessment
(per single unit)
Change From
Previous Year
Maximum Levy
Allowed
Bryn Mawr Estates III $27.10 $1.26 $61.22
Bryn Mawr Estates IV $29.00 $1.34 $65.52
Buena Vista I $15.94 $0.74 $36.04
Buena Vista II $37.14 $1.72 $83.90
Butte Rancho $29.82 $1.38 $67.38
Butte View Estates $39.44 $1.82 $89.10
Country Aire $34.42 $1.60 $77.72
Kira Estates $35.44 $1.64 $80.08
Loma Vista $36.46 $1.68 $82.36
Quail Pointe Estates $39.62 $1.84 $89.50
Ranchero II & III $48.22 $2.24 $108.90
Ranchero IV & VI $21.50 $1.00 $48.54
Ranchero Estates I $28.52 $1.32 $64.46
Ranchero Estates V $26.58 $1.22 $60.06
Rancho De Royo I Ph I $55.98 $2.60 $126.44
Rancho De Royo II Ph II $29.02 $1.34 $65.56
Skyview Place $36.26 $1.68 $81.90
Stonegate Village Unit I $26.26 $1.22 $59.32
Stonegate Village Unit II $22.96 $1.06 $51.90
Stonegate Village Unit III $18.38 $0.84 $41.58
Suburban Acres $21.68 $1.00 $49.00
Tara Estates $22.52 $1.04 $50.86
Teja IV $31.74 $1.46 $71.72
Walnut Acres $23.14 $1.06 $52.32

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: July 2, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Homekey 3.0 – Merriment Village Status Update
Recommendation: Discuss project status, receive current information from Habitat for Humanity Yuba/Sutter, and provide direction to staff regarding next steps Fiscal Impact: $24,632,331 grant award amount
Purpose:

To successfully partner with the State and Habitat for Humanity – Yuba/Sutter to construct the Merriment Village Phase 1 project.

Council's Strategic Goals:

This item specifically relates to City Council's goal of Fiscal Responsibility.

Background:

In March of 2023 the California Department of Housing and Community Development, (HCD), released the Notice of Funding Availability for Homekey 3.0 with approximately $37,158,338 available for the Sacramento region.

On April 18, 2023, the City Council received a presentation from Habitat for Humanity – Yuba/Sutter, (Habitat), regarding their proposed 217-unit apartment complex titled Merriment Village Apartments, located on 7.5 acres at 428 North Walton Avenue. The estimated project cost being approximately $75 million. Habitat for Humanity proposed to split the project into multiple phases, with Phase 1 including a 4-story, 79-unit building to apply for Homekey program funding.

On May 2, 2023, the City Council adopted Resolution No. 23-056 authorizing a joint application with Habitat for Humanity to apply for Homekey 3.0 funds for Phase 1 and authorized the Mayor to submit a Funding Commitment letter for the City contributions. The application was submitted to HCD in May 2023. The joint application was approved and on June 13, 2024, the City received the Standard Agreement from HCD, awarding up to $24,632,331 in Homekey funding.

The Agreement requires that it be executed within 30 days of receipt (July 12, 2024).

Analysis:

The Standard Agreement with HCD has very specific language regarding performing project requirements, while meeting very limited contract timelines. A breach or violation of the contract by Habitat could require the City to reimburse the grant funding in an amount up to $24,632,331.

Habitat has been working diligently to meet grant requirements, finalize project entitlements, finalize building designs, establish a project management team, and bidding the project for construction to move the project forward as soon as possible. However, there are substantial issues to resolve, potentially jeopardizing project funding and putting the City in a very undesirable position, with a very short time period to resolve.

Funding Source
The Homekey agreement indicates that the project must be in compliance with federal environmental and contract procurement terms if federal funding is involved. HCD has stated that federal American Rescue Plan Act (ARPA) funds are a potential source of the grant funding.

However, the application process did not have time built in to comply with these federal requirements, and HCD has not provided clear direction whether the grant funds provided will trigger these requirements.

Schedule
The Standard agreement establishes very short deadlines based on date of award, February 13, 2024.

Staff has genuine concerns that a project can be built within the extended timeline, outlined below:
• February 13, 2025: All Acquisition, rehabilitation, and/or construction must be completed 12 months from the date of award letter
• October 13, 2024 or May 13, 2025: Capital expenditure must be completed within 8 months, October 13, 2024, or up to 15 months from the date of award if requesting an expenditure deadline extension, May 13, 2025
• May 13, 2025: Full occupancy must be achieved by 15 months from the date of award letter.

Funding
Habitat has indicated that there may be a funding gap between the grant funds programmed and construction bids received. Per the Standard Agreement, the City is ultimately responsible for delivering the project at whatever cost.

Staff recommends prior to executing the Standard Agreement with HCD, that Habitat coordinate with HCD to update the Standard Agreement to provide timelines that are achievable, provide proof that gap funding is available, enter into an agreement with the City, with security that project performance is to comply with Standard Agreement terms and conditions, indemnifying the City of potential funding needs/loss and liabilities.

Fiscal Impact:

Homekey grant funding for the project is $24,632,331. An undetermined amount of funding is needed at this point in time to deliver a project that meets the terms of the Standard Agreement.

Alternatives:

As provided by the Council per the discussion and update from Habitat.

Recommendation:

Discuss project status, receive current information from Habitat for Humanity – Yuba/Sutter, and provide direction to staff regarding next steps.

Attachments:

1. Attachment 1 Homekey 3.0 Merriment Village 23-HK-18192 - Pending Prepared By: Submitted By:

Shannon Sardo
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

23-HK-18192
City of Yuba City, and Habitat for Humanity Yuba/Sutter, Inc.

Upon HCD Approval
$24,632,331.00

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL

SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME

2. The term of this Agreement is:

START DATE

THROUGH END DATE

3. The maximum amount of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions Exhibit D Homekey General Terms and Conditions
Exhibit E Project-Specific Provisions and Special Terms and Conditions 10 TITLE PAGES
3 23
8 GTC - 04/2017
TOTAL NUMBER OF PAGES ATTACHED 44
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR BUSINESS ADDRESS
See Attached
See Attached

CITY STATE ZIP
See Attached See Attached See Attached

PRINTED NAME OF PERSON SIGNING TITLE
See Attached

DATE SIGNED
See Attached

CONTRACTOR AUTHORIZED SIGNATURE
See Attached

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
Contracts Office Manager,
Contract Services Section

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) See Attached
SCO ID:

Fifteen (15) years from Effective Date

STATE OF CALIFORNIA

STANDARD AGREEMENT
STD 213 (Rev. 06/03) 23-HK-18192

CONTRACTOR
of 2
City of Yuba City
Habitat for Humanity Yuba/Sutter, Inc.

City Manager
Diana Langley
City of Yuba City
a California Municipal Corporation
By: ______________________________ Date: ___________________ Address:
1201 Civic Center Boulevard
Yuba City, CA 95993
Habitat for Humanity Yuba/Sutter, Inc.
a California nonprofit
Chief Executive Officer
Joseph Hale
By: ______________________________ Date: ___________________ Address:
202 D Street
Marysville, CA 95901
Prep Date: 05/17/2024

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
California Assembly Bill No. 140 (Chapter 111, Statutes of 2021) (“AB 140”) added sections 50675.1.3 and 50675.1.4 to the Multifamily Housing Program (“MHP”) (Chapter

6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Health and Safety Code section 50675.1.3 provides the statutory basis for the Homekey Program – Round 3 (“Homekey” or “Program”). Health and Safety Code section 50675.1, subdivision (d) authorizes the Department of Housing and Community Development (“Department” or “HCD”) to administer MHP.

The Department issued a Homekey Program Notice of Funding Availability, Round 3 on March 29, 2023 (the “NOFA”). The NOFA incorporates by reference the MHP, as well as the Multifamily Housing Program Final Guidelines, dated March 30, 2022 and amended on May 5, 2022 (“MHP Guidelines”), both as amended and in effect from time to time. The NOFA, further, incorporates by reference, the Uniform Multifamily Regulations (UMRs) (Cal. Code Regs., tit. 25, § 8300 et seq.), effective November 15, 2017, and as subsequently amended, except to the extent that any UMR provision would be inconsistent with the provisions of the NOFA. Homekey grant funds are derived primarily from the state’s direct allocation of the federal Coronavirus State Fiscal Recovery Fund (“CSFRF”), which was established by the American Rescue Plan Act of 2021 (“ARPA”) (Pub.L. No. 117-2). Homekey funds are also derived from the State of California’s General Fund.

This STD 213, Standard Agreement (“Agreement”) is entered under the authority and in furtherance of the Program. This Agreement is the result of an Application by the Grantee, as defined below, for funding under the Program (the “Grant”). As such, this Agreement shall be executed by the Grantee. Where the Grantee comprises a Public Entity or Tribal Entity, as defined below, and one or more additional entities, all entities shall execute the Agreement.

This Agreement hereby incorporates by reference the Application, as well as the project report prepared by the Department in reliance on the representations and descriptions included in that Application. This Agreement is governed by the following (collectively, the “Program Requirements”), and each of the following, as amended and in effect from time to time, is incorporated hereto as if set forth in full herein:

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 A. AB 140;
B. The above-referenced MHP statutory scheme;
C. The NOFA;
D. The MHP Guidelines;
E. The UMRs;
F. ARPA and related federal guidance;
G. The award letter issued by the Department to the Grantee; and H. All other applicable law.

2. Purpose
The Homekey Program is intended to provide housing for individuals and families who are homeless or who are at risk of homelessness, as defined in Part 578.3 of Title 24 of the Code of Federal Regulations, and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases (“Target Population”).

Grantee applied to the Department for the Grant in order to conduct one or more of the activities outlined in Paragraph 4 below. By entering into this Agreement and thereby accepting the award of Program Grant funds, the Grantee agrees to comply with the Program Requirements and the terms and conditions of this Agreement.

3. Definitions
Any capitalized terms that are not defined below shall have the definitions set forth in the NOFA, the MHP statutes, and the MHP Guidelines. In the event of any conflict, the definitions in this Agreement and the NOFA are controlling.

A. “Affordability Covenant” means the legally binding instrument which (i) is recorded in first position against Project real property in consideration for the Homekey Program award to the Grantee; (ii) imposes use, operation, occupancy, and affordability restrictions on the real property and improvements; and (iii) incorporates the Homekey Program Requirements by reference. Upon

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 its execution, the Affordability Covenant shall be binding, effective, and enforceable against all successors, transferees, and assignees, in accordance with Section 208 of the NOFA, after a certificate of occupancy or its equivalent has been issued for the Project, or if no such certificate is issued, from the date of initial occupancy of the Project. Interim Housing Projects, Permanent Housing Projects, and Permanent Housing Projects on tribal trust land shall be encumbered with 30-year, 55-year, and 50-year Affordability Covenants, respectively.

B. “AMI” means Area Median Income.

C. “Application” means the application for Grant funds that was submitted in response to the Department’s NOFA.

D. “Assistance Listing Number” (ALN) formerly known as the Catalog of Federal Domestic Assistance (CFDA) Number, is a five-digit number assigned in the awarding document for all federal assistance award mechanisms.

E. “Assisted Unit” means a Homekey-funded residential dwelling unit that is subject to rent, income, occupancy, and other restrictions in accordance with Program Requirements. See also “Youth Assisted Unit.”
F. “Chronically Homeless” is defined in accordance with Part 578.3 of Title 24 of the Code of Federal Regulations.

G. “Co-Applicant” means the nonprofit corporation, for-profit corporation, limited liability company, and/or limited partnership that applied for an award of Homekey Grant funds with the Eligible Applicant (i.e., a Public Entity or Tribal Entity).

H. “Date of Award” means the date on the award letter issued from the Department to the Grantee.

I. “Designated Payee” means the Co-Grantee that will serve as the payee of the Program Grant funds. If applicable, the Designated Payee is identified at Exhibit E of this Agreement.

J. “Eligible Applicant” means the Public Entity or Tribal Entity that applied for an award of Homekey Grant funds.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 K. “Eligible Uses” means the activities that may be funded by the Homekey Program Grant. Those activities are listed at Paragraph 4 below of this Agreement, and at Health and Safety Code section 50675.1.3, subdivision (a).

L. “Expenditure Deadline for Capital Funds” means the date by which the capital expenditure award must be fully expended. This deadline is eight (8) months from the Date of Award. or up to 15 months from the Date of Award if an expenditure deadline extension has been requested and approved by the Department.

M. “Expenditure Deadline for Operating Funds” means the date by which the operating subsidy award must be fully expended. This deadline is June 30, 2026.

N. “Grantee or Subrecipient” means the Eligible Applicant (and, if applicable, the Co-Applicant) that has been awarded funds under the Program, and that will be held responsible for compliance with and performance of all Program Requirements. The Grantee may comprise one or more entities, so long as the Grantee structure includes an “Eligible Applicant,” as defined in the NOFA and as set forth above. “Grantee” refers, both individually and collectively, to the CoApplicant and/or the Eligible Applicant that received a Homekey Grant after submitting an Application or a joint Application to the Department. When the Grantee comprises two or more entities, each entity may be referred to as a “CoGrantee.” On the STD 213 portion of this Agreement, the Grantee is identified as the Contractor.

O. “Homeless Youth” means a child, a youth, or a current or former foster youth through the age of 25 who qualifies as “homeless” under any of the relevant definitions set forth or identified at Part 578.3 of Title 24 of the Code of Federal Regulations.

P. “Homeless Youth Project” means a Project that was prioritized to receive setaside Homekey funds because (i) at least 25 percent of its Assisted Units will be restricted to Homeless Youth or Youth at Risk of Homelessness; (ii) the Grantee jointly applied and/or partnered with a nonprofit corporation with experience serving the foregoing subpopulation; and (iii) the Project will provide Supportive Services for Youth Assisted Units using a Positive Youth Development (PYD) model and trauma-informed care. Such Project may also have been prioritized because it is located within a one-mile radius of youth-centered amenities, such as community colleges, universities, trade schools, apprenticeship programs,

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 employment programs, childcare centers for parenting youth, and community centers for youth.

Q. “Interim Housing” means any facility whose primary purpose is to provide a temporary shelter for the Target Population and which does not require occupants to sign leases or occupancy agreements.

R. “Local Public Entity” is defined at Health and Safety Code section 50079, and means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24, and also includes any state agency, public district, or other political subdivision of the state, and any instrumentality thereof, that is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. In addition, and in accord with this Health and Safety Code definition, the term “Local Public Entity” also includes two or more local public entities acting jointly.

S. “Performance Milestones” means the indicators and metrics of progress and performance that are identified as such at Exhibit E of this Agreement. Grantee’s failure to satisfy any one of the Performance Milestones will constitute a breach of this Agreement and will entitle the Department to exercise any and all available remedies, including the recapture of disbursed Grant funds and the cancellation of this Agreement.

T. “Permanent Housing” means housing, dwellings, or other living accommodations where the landlord does not limit the tenant’s length of tenancy, the landlord does not restrict the tenant’s movements, and the tenant has a lease and is subject to the rights and responsibilities of tenancy.

U. “Program Requirements” means the legal authority and Program materials listed at Paragraph 1.A – H, above.

V. “Project” means a structure or set of structures with common financing, ownership, and management, which provides Permanent Housing or Interim

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 Housing for the Target Population, and which is subject to an appropriate Affordability Covenant in accordance with Section 208 of the NOFA.

W. “Public Entity” is defined in accordance with Health and Safety Code section 50675.1.3, subdivision (a), and means a city, a county, a city and county, and any other state entity, regional entity, or Local Public Entity, including any council of government, metropolitan planning organization, and regional transportation planning agency designated in Section 29532.1 of the Government Code. For purposes of this Agreement, a “Local Public Entity” is defined in accordance with Health and Safety Code section 50079 and as set forth above.

X. “Scope of Work” or “Work” means the work to be performed by the Grantee to accomplish the Program purpose.

Y. “Supportive Services” means social, health, educational, income support, employment, and housing stability services and benefits; coordination of community building and educational activities; individualized needs assessment and case management; and individualized assistance with obtaining services and benefits.

Z. “Target Population” means individuals and families who are “homeless” or “at risk of homelessness,” as those terms are defined in Part 578.3 of Title 24 of the Code of Federal Regulations, and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases. The Target Population also includes Homeless Youth or Youth at Risk of homelessness. For Grantees utilizing HOME-ARP funding as match, the “Target Population” also includes individuals and families who are “Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking” and “Other Populations” as defined in HUD Community Planning and Development (CPD) Notice 21-10.

AA. “TCAC” means the California Tax Credit Allocation Committee.

BB. “Tribal Entity” means an entity that meets any of the following criteria:
1) Meets the definition of Indian tribe under section 4103(13)(B) of title 25 of the United States Code;
2) Meets the definition of Tribally Designated Housing Entity under section 4103(22) of title 25 of the United States Code;

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 3) Is not a federally recognized tribe, but is either:
a) Listed in the petitioner list of the Office of Federal Acknowledgment (OFA) within the Office of the Assistant Secretary – Indian Affairs of the Department of the Interior pursuant to Part 82.1 of Title 25 of the Code of Federal Regulations; or
b) Is an Indian tribe located in the State of California and identified on the contact list maintained by the Native American Heritage Commission for the purpose of consultation pursuant to Government Code section 65352.3.

CC. “Unique Entity ID” (UEI) is a 12-character alphanumeric ID assigned to an entity by www.Sam.gov.

DD. “Youth Assisted Unit” means an Assisted Unit serving Homeless Youth or Youth at Risk of Homelessness. See also “Assisted Unit.” EE. “Youth at Risk of Homelessness” means a child, a youth, or a current or former foster youth through the age of 25 who qualifies as “at risk of homelessness” or “homeless” under any of the relevant definitions set forth or identified at Part 578.3 of Title 24 of the Code of Federal Regulations.

4. Eligible Uses
Grantee shall apply the Program Grant funds to one or more of the following uses. All costs in connection with such Eligible Uses must be incurred on or after March 3, 2021, by the Expenditure Deadline for Capital Funds, and by the Expenditure Deadline for Operating Funds, respectively and as applicable. Grantee’s use of the funds and scope of work (“Scope of Work” or “Work”) are specified at Exhibit E of this Agreement.

A. Acquisition or rehabilitation, or acquisition and rehabilitation, of motels, hotels, hostels, or other sites and assets, including apartments or homes, adult residential facilities, residential care facilities for the elderly, manufactured housing, commercial properties, and other buildings with existing uses that could be converted to permanent or interim housing.

B. Master leasing of properties for non-congregate housing.

C. Conversion of units from nonresidential to residential.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 D. New construction of dwelling units.

E. The purchase of affordability covenants and restrictions for units.

F. Relocation costs for individuals who are being displaced as a result of the Homekey Project.

G. Capitalized operating subsidies for units purchased, converted, or altered with Homekey Grant funds provided pursuant to Health and Safety Code section 50675.1.3.

5. Rent Standards
A. Permanent Housing. Rent limits for initial occupancy, and for each subsequent occupancy, of an Assisted Unit shall not exceed 30 percent of that Assisted Unit’s designated income-eligibility level.

B. Interim Housing. No rent shall be charged to the Target Population residents of Interim Housing.

6. Program Deadlines
A. Acquisition, rehabilitation, and/or construction shall be completed within 12 months of the Date of Award.

B. Grantee shall expend any capital expenditure award by the Expenditure Deadline for Capital Funds.

C. The Homekey-funded portion of the operating award must be disbursed by the Department by June 30, 2025. Grantee shall expend any Homekey-funded operating subsidy award by the Expenditure Deadline for Operating Funds.

D. Full occupancy shall be achieved within 15 months of the Date of Award.

7. Performance Milestones
A. Grantee shall complete each of the Performance Milestones set forth at Exhibit E of this Agreement by the date designated for such completion therein (each, a “Milestone Completion Date”). The Performance Milestones shall include, but

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 not be limited to, any applicable Expenditure Deadline for Capital Funds, Expenditure Deadline for Operating Funds, or occupancy deadline.

B. The Department may, in its sole and absolute discretion, approve an extension of the acquisition, rehabilitation, construction, and/or occupancy deadlines if the Grantee demonstrates, to the Department’s satisfaction, that the relevant delay is caused by reasonably unforeseeable events, conditions, or circumstances.

C. In no event will the Department approve an extension request in the absence of Grantee’s demonstration of good cause for said extension, along with Grantee’s reasonable assurances that the extension will not result in Grantee’s failure to meet other Performance Milestones or any Expenditure Deadline under this Agreement. Construction labor shortages and supply chain issues do not constitute reasonably unforeseeable events, conditions, or circumstances for purposes of an extension request.

D. The Department will not grant extensions of the Expenditure Deadline for Operating Funds.

8. Reporting Requirements
A. Grantee shall submit an annual Homekey Program and Expenditure Report, and comply with all additional reporting requirements, as set forth and specified at Section 601 of the NOFA, all in accordance with the Milestone Completion Date(s) set forth at Exhibit E of this Agreement.

B. After satisfaction of each Performance Milestone, the Grantee shall promptly report its progress, in writing, to the Department.

C. Upon the Department’s request and as specified, the Grantee shall provide progress reports in connection with the development plan and any updates to the timeline for completion of the Project. The development plan should include the Project’s completion milestones and any updates or substantial changes.

D. In addition, the Grantee shall submit to the Department such periodic reports, updates, and information as deemed necessary by the Department to monitor compliance and/or perform Program evaluation. Any requested data or information shall be submitted in electronic format on a form provided by the Department.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT A
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

9. Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Deputy Director of the Division of State Financial Assistance, or the Deputy Director’s designee. Unless otherwise informed, Grantee shall mail any notice, report, or other communication required under this Agreement by First-Class Mail to the Department Contract Coordinator at the following address or email to [email protected]:

California Department of Housing and Community Development Attention: Homekey Program – Round 3 (Homekey)
State Grant Management Section
2020 West El Camino Avenue, Suite 400, 95833
P. O. Box 952050
Sacramento, CA 94252-2050

10. Grantee Contract Coordinator
The Grantee Contract Coordinator for this Agreement may coordinate with the State Grant Management Section Manager for the Homekey Program. Unless otherwise informed, the Department shall mail any notice, report, or other communication required under this Agreement by First-Class Mail, or through a commercial courier, to the Grantee Contract Coordinator at the address specified at Exhibit E of this Agreement.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget Detail
Grantee has been awarded the Grant amount set forth in this Agreement.

2. Conditions of Disbursement
The Department will disburse the full amount of the Grant award to the Grantee after this Agreement has been fully executed and after the Department receives the Grantee’s request for funds, with all required supporting documents appended thereto.

The Grantee shall append the following supporting documents to the request for funds, all in form and substance acceptable to the Department:

A. Payee Data Record (STD 204) or Government Agency Taxpayer ID Form, as applicable;
B. An authorizing resolution or set of authorizing resolutions that, in the Department’s reasonable determination, materially comports with the Program Requirements (if the Grantee has not already submitted same); C. Documentary evidence of any eligible costs incurred on or after March 3, 2021 and before the execution of this Agreement;
D. Certification of compliance with California’s prevailing wage law, as well as all applicable federal prevailing wage law;
E. A copy of the Department-approved relocation plan for the Project, or a copy of a Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement which has been duly executed by the Grantee and approved by the Department;
F. Evidence of the insurance coverages required under the Program and/or a written acknowledgment of self-insured status;
G. Documentary evidence of capacity to provide operating funds for the Project for at least five (5) years;

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 H. A current title report (dated within 15 days of the request for funds); or for tribal trust land, a title status report (“TSR”) or an attorney’s opinion regarding chain of title and current title status;
I. A Draft Covenant or Regulatory Agreement must be submitted to the Department for review and approval;
J. Any forms, certifications, or documentation required pursuant to Paragraph 1.F– Additional Conditions Precedent to Disbursement of Exhibit E of this Agreement; and
K. Any other forms, certifications, or documentation deemed necessary by the Department prior to disbursement of Grant funds.

3. Performance
A. After disbursement of the funds, the Grantee shall meet each Performance Milestone set forth at Exhibit E by the relevant Milestone Completion Date. After satisfaction of each Performance Milestone, the Grantee shall promptly report its progress, in writing, to the Department. Grantee may apply to the Department for an extension of a Milestone Completion Date as allowed by the NOFA and this Agreement.

B. FAILURE TO SATISFY ANY ONE OF THE PERFORMANCE MILESTONES

WILL CONSTITUTE A BREACH OF THIS AGREEMENT AND ENTITLES THE

DEPARTMENT TO MANDATE THE GRANTEE TO RETURN TO THE
DEPARTMENT ANY FUNDS DISBURSED; IN ANY SUCH INSTANCE, THE

DEPARMENT MAY ALSO CANCEL THIS AGREEMENT WITHOUT OWING
ANY DAMAGES OR OTHER PAYMENT TO GRANTEE.

4. Fiscal Administration
A. Grantee shall either deposit the Grant funds with an escrow company licensed to do business in the State of California and in good standing or deposit the Grant funds in an interest-bearing checking or savings account that is insured by the Federal Deposit Insurance Corporation (“FDIC”). All interest earned from the deposit of Grant funds shall be used for eligible Program activities.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT B
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 B. Any capital expenditure award funds that have not been expended by the Expenditure Deadline for Capital Funds must be returned to the Department with accrued interest. Any operating subsidy award funds that have not been expended by the Expenditure Deadline for Operating Funds must be returned to the Department with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than thirty (30) calendar days after the applicable Expenditure Deadline.

Department of Housing and Community Development
Accounting Division, Suite 300
2020 W. El Camino Avenue
Sacramento, California 95833

5. Duplication of Benefit
Homekey funding is not required to be used as funding of last resort. However, Grantee may not use Homekey funding to cover expenditures that have already been funded through other sources. Expenses that have been or will be reimbursed under any federal program are not eligible uses of Homekey funding.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

HOMEKEY GENERAL TERMS AND CONDITIONS
Federal Grant Identification
$435 million of grant funds are derived from U.S. Department of the Treasury FAIN SLFRP3211 (Coronavirus State and Local Fiscal Recovery Fund (CSFRF) established by the Federal American Rescue Plan Act of 2021 (ARPA) (Public Law 11702). CFDA #

21.027 dated 06/04/2021 and $301 million from State General Fund.

1. Effective Date, Term of Agreement, Timing, and Deadlines A. This Agreement, when fully executed by the Department and the Grantee, is effective upon the date of the Department representative’s signature on the STD 213, Standard Agreement (such date, the “Effective Date").

B. This Agreement shall terminate fifteen (15) years after the Effective Date, as stated in Section 2 of the STD 213, Standard Agreement (such date, the “Expiration Date”).

C. Grantee will receive the disbursement of Program funds after satisfying all conditions precedent to such disbursement, as set forth under Paragraph 2 of Exhibit B and, as necessary and applicable, under Paragraph 1.F – Additional Conditions Precedent to Disbursement of Exhibit E.

D. Any expenses incurred prior to March 3, 2021, after the Expenditure Deadline for Capital Funds, or after the Expenditure Deadline for Operating Funds, respectively and as applicable, are not eligible for payment under the Program, unless an alternate arrangement is legally permissible and has been approved by the Department in advance and in writing.

E. Grant funds that have not been expended by the applicable Expenditure Deadlines shall revert to the Department in the absence of an alternate arrangement that has been approved by the Department in advance and in writing.

2. Termination for Cause
The Department may terminate this Agreement for cause at any time by giving at least fourteen (14) calendar days’ advance written notice to the Grantee. Upon such termination, Grantee shall return any unexpended funds to the Department within thirty

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 (30) calendar days of the date on the Department’s written notice of termination, unless the Department has approved an alternate arrangement in advance and in writing, as provided below. Such termination will not limit any other remedies that may be available to the Department under this Agreement, at law, or in equity. Cause shall consist of Grantee’s breach of, or failure to satisfy, any of the terms or conditions of this Agreement. Cause includes but is not limited to the following:

A. Grantee’s failure to satisfy the conditions precedent to disbursement or to expend Program Grant funds, as specified.

B. Grantee’s failure to timely satisfy each or any of the conditions set forth in these Homekey General Terms and Conditions, the Project-Specific Provisions and Special Terms and Conditions set forth at Exhibit E of this Agreement (including any one of the Performance Milestones), or the award letter.

C. Grantee’s violation of any of the Program Requirements.

D. The Department’s determination of the following:
1) Any material fact or representation, made or furnished to the Department by the Grantee in connection with the Application or the award letter, shall have been untrue or misleading at the time that such fact or representation was made known to the Department, or subsequently becomes untrue or misleading; or
2) Grantee has concealed any material fact from the Department related to the Application or the Project.

E. The Department’s determination that the objectives and requirements of the Homekey Program cannot be met in accordance with applicable timeframes, as memorialized by this Agreement.

In the event of this or any other breach, violation, or default by the Grantee, the Department may give written notice to the Grantee to cure the breach, violation, or default. If the breach, violation, or default is not cured to the Department’s satisfaction within a reasonable time, as determined by the Department in its sole and absolute discretion, then the Department may declare a default under this Agreement and seek any and all remedies that are available under this Agreement, at law, or in equity.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

3. Cancellation
A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government for fiscal years 2021-2022 through 2025-2026 for CSFRF purposes. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

C. The parties mutually agree that if the Congress does not appropriate sufficient funds for the CSFRF, this Agreement shall be amended to reflect any subsequent reduction in CSFRF funds.

D. The Department may cancel this Agreement, in whole or in part, if (i) sufficient funds are not made available by the United States Government; (ii) Congress enacts any restrictions, limitations, or conditions that impact this Agreement or the funding of this Agreement; or (iii) cancellation is otherwise permitted under state contracting law.

E. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty (30) calendar days’ advance written notice to the Grantee. The Grantee shall return any unexpended portion of its Grant award to the Department within thirty (30) calendar days from the date on the Department’s written notice of cancellation, unless (i) the parties have agreed upon an alternate arrangement in advance and in writing; or (ii) an alternate arrangement is necessary for one or both parties to remain in compliance with ARPA or other applicable law.

4. Eligible Activities
Grant funds awarded to the Grantee shall be applied to the eligible uses set forth at Exhibit A and described in greater detail at Exhibit E. Payment for any cost which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

5. Performance Milestones
Grantee shall timely satisfy and complete all Performance Milestones, as identified at Exhibit E of this Agreement.

6. Article XXXIV
Per Health and Safety Code section 37001, subdivision (h)(5), article XXXIV, section 1 of the California Constitution (“Article XXXIV”) is not applicable to Homekey-funded acquisition, rehabilitation, reconstruction, alterations work, new construction, or any combination thereof, of lodging facilities or dwelling units.

7. Appraisals
Grantee shall, at the request of the Department, provide an appraisal of any real property or any interest in real property that is acquired with the Grant funds. Any such appraisal shall be prepared in a form, and by a qualified appraiser, acceptable to the Department.

8. Byrd Anti-Lobbying Amendment
(31 U.S.C. 1352) Grantees, Subrecipients, Co-Applicants, Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

9. Anti-Kickback Act of 1986
Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41 U.S.C. §§ 5158) that prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

10. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

11. Contracting and Labor Standards
A. Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended) Where funds provided through this Agreement are used for construction work or in support of construction work, the Grantee shall also ensure that the federal requirements of the Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended), pertaining to federal labor standards and compliance, are met and documented. Grantee recognizes that multiple labor standards (both state prevailing wage and federal Davis-Bacon Act) may apply to the project and both standards must be satisfied.

B. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. 3701– 3708)
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 C. For the purposes of this requirement "construction work" includes, but is not limited to, rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between the Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Grantee will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.

D. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in the California Labor Code Sections 1770- 1784, or the Davis-Bacon Wage Determination.

E. Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.

F. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Grantee shall ensure that the requirements of California Labor Code, Chapter 1, commencing with Section 1720, Part 7 [California Labor Code Sections 1720-1743] (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met.

12. Domestic Preferences for Procurement 2 CFR Part 184 § 70915 A. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

B. For purposes of this section:

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

13. Prohibition of Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR 200.216
Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

A. Procure or obtain;
B. Extend or renew a contract to procure or obtain; or
C. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115– 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
2) Telecommunications or video surveillance services provided by such entities or using such equipment.
3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

D. In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

E. See also Public Law 115–232, section 889 for additional information.

F. See also § 200.471.

14. Environmental Compliance
Grantee shall provide a Phase I Environmental Site Assessment (“ESA”) for the Project, in conformance with ASTM Standard Practice E 1527, evaluating whether the Project is affected by any recognized environmental conditions. If the Phase I ESA discloses evidence of recognized environmental conditions and Grantee desires to proceed with the Project, the Grantee shall provide the Department with a Phase II report and any additional reports as required by the Department and in a form acceptable to the Department. Any remediation work shall be subject to Department approval. Grantee shall also provide an asbestos assessment and a lead-based paint report for the Department’s approval if the Project involves rehabilitation or demolition of existing improvements.

A. Grantee shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information, and all regulations and guidelines issued thereunder.

B. Grantee shall comply with the requirements of the Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

C. Grantee shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50 regarding air quality protections, as amended.

D. Grantee shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4001). Grantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

E. Grantee shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act of 1971. Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR §570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all Homekey-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be required.

F. 2 CFR Part 200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. See § 200.323.

G. Grantee shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. Grantee shall also comply with federal Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

H. Grantee shall comply with all National Environmental Protection Act (NEPA) requirements as applicable to the performance of this Agreement as found in 24 CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR Parts 1500 – 1508.

The CARES Act provides that funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not execute this Agreement nor receive reimbursement for pre-agreement eligible activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

I. This Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Grantee of an approval of the request for release of funds and certification from the Department under 24 CFR Part 50, 24 CFR Part 58, and 40 CFR 1500 - 1508. The provision of any funds to the project is conditioned on the Grantee’s determination to proceed with, modify or cancel the project based on the results of the environmental review. The Grantee will not receive appropriate notice to proceed until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

15. Insurance
A. Grantee shall obtain the insurance coverages identified in the NOFA. Grantee

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 shall maintain such insurance coverages for either the term of this Agreement or the term of any required restrictive covenant or regulatory agreement, whichever applicable term is longer. Grantee shall name the State of California and the Department, as well as their respective appointees, officers, agents, and employees, as additional insureds on all such policies. Such policies shall provide for notice to the Department in the event of any lapse of coverage or insurance claim thereunder. Prior to disbursement of any Grant funds, Grantee shall provide evidence satisfactory to the Department of its compliance with these insurance requirements.

B. If Grantee is self-insured, in whole or in part, as to any of the required types and levels of coverage, the Grantee shall provide the Department with a written acknowledgment of its self-insured status prior to disbursement of any Grant funds. If the Grantee abandons its self-insured status at any time after execution of this Agreement, the Grantee shall immediately notify the Department, and shall promptly comply with the insurance coverage requirements under the Program.

16. Operating Funds
Grantee shall demonstrate its capacity to provide five (5) years of operating funds for the Project. As set forth at Exhibit B of this Agreement, Grantee shall provide documentary evidence of such capacity prior to disbursement of any Grant funds.

17. Relocation
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part 24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.

Grantee must have a relocation plan prior to proceeding with any phase of a Project or other activity that will result in the displacement of persons, businesses, or farm operations. To ensure that displaced persons and entities do not suffer a disproportionate impact as a result of Projects which benefit the public, all notices to vacate and relocation services must be provided to them in accordance with applicable law. In addition, before the Homekey award will be disbursed, Grantee must have

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 either:

A. Department-approved relocation plan; or
B. Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement, which has been duly executed by the Grantee and approved by the Department.

18. One-for-One Replacement of Assisted Units
One-for-one replacement of Assisted Units is permissible if approved in advance by the Department per Section 300 of the NOFA, after the Department’s determination, in its sole and absolute discretion, that such replacement will not reduce the inventory of units that are already available at affordable rents to households that are at or under 30 percent AMI.

19. Site Control
Unless and except as otherwise expressly approved in writing by the Department or provided at Exhibit E to this Agreement, the Grantee shall have control of the property at all times, and such control shall not be contingent on the approval of any other party.

The status and nature of the Grantee's title and interest in the property must be acceptable to the Department. Site control may be evidenced by one of the following:

A. Fee title.

B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with, and satisfaction of, all Program objectives and requirements, including, without limitation, those set forth in this Agreement. If the Grantee’s interest in the property is a leasehold, and the lessee and the lessor are affiliated or related parties, then the Department may require both the lessee and the lessor to execute this Agreement.

C. An executed disposition and development agreement, or irrevocable offer of dedication to a public agency.

D. A sales contract, or other enforceable agreement for the acquisition of the property. If this form of evidence was relied upon at the time of Application, the

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

E. A letter of intent, executed by a sufficiently authorized signatory of the Grantee, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Grantee shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be duly acknowledged by the party selling or otherwise conveying an interest in the subject property to the Grantee. If this form of evidence was relied upon at the time of Application, the Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

F. Other evidence of site control that gives the Department assurance (equivalent to A-E above) that the Grantee will be able to complete the Project in a timely manner and in accordance with the Program’s objectives and requirements, including, without limitation, those set forth or referenced in this Agreement.

20. Adaptability and Accessibility
The Project shall comply with all applicable federal, state and local laws regarding adaptability and accessibility, including, without limitation, the requirements set forth in the NOFA.

21. Title Status and Reports
Grantee shall provide a current title report for the real property on which the Project is located. If Grantee’s interest in the property is leasehold, then Grantee shall provide a current title report for the leasehold interest and the fee interest. For tribal trust land, Grantee shall provide a TSR or an attorney’s opinion regarding chain of title and current title status. As set forth and specified at Exhibit B of this Agreement, Grantee shall provide such title report or documentation of title status prior to disbursement of any Homekey Grant funds.

22. Title Insurance
Grantee shall provide evidence of title insurance and an ALTA As-Built Survey that are acceptable to the Department. The condition of title, the insurer, the liability amount, the

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 form of policy, and the endorsements shall be subject to Department approval. The policy shall insure that Grantee holds good and marketable title (fee simple or leasehold).

23. Property Management Plan
Grantee shall submit a property management plan to the Department for its review and approval. Such management plan shall be consistent with any representations made in the Application, and it shall meet the Program Requirements (e.g., include the management, maintenance, and repair information required by the MHP Guidelines).

24. Supportive Services Plan
Grantee shall submit a Supportive Services plan to the Department for its review and approval. Such Supportive Services plan shall be consistent with any representations made in the Application, and it shall meet the Program Requirements (e.g., provide for delivery of housing stability services and benefits).

25. Nondiscrimination
Grantee shall adopt a written nondiscrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey funds.

Statutes and regulations prohibiting discrimination are applicable to this Agreement and include, without limitation, the following:

A. Grantee and any of its contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement;
B. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”;
C. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42 U.S.C. §3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance with California statute (Gov. Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430). Grantee shall develop and implement an affirmative fair housing marketing plan that is satisfactory to the Department. Appropriate aspects of the initial plan shall be incorporated into the ongoing management plan to ensure positive outreach and informational efforts to those who are least likely to know about and apply for Interim Housing or Permanent Housing. Grantee is encouraged to refer to the guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.

Department of Housing and Urban Development (“HUD”). Grantee shall comply with all applicable state and federal fair housing laws; D. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; E. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); prohibiting age-based discrimination in federally funded activities.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities. The State of California nondiscrimination statutes, regulations, and standards set forth and identified in the NOFA and at Exhibit C of this Agreement.

26. Affirmative Fair Housing Marketing Plan and Fair Housing Compliance A. Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C §2000a, et seq.), and the Fair Housing Act (42 U.S.C. §3601, et seq.), according to 42 U.S.C. §5306, et seq. and in compliance with California statute (Gov. Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430).

B. Grantee shall develop and implement an affirmative fair housing marketing plan that is satisfactory to the Department. Appropriate aspects of the initial plan shall be incorporated into the ongoing management plan to ensure positive outreach and informational efforts to those who are least likely to know about and apply for Interim Housing or Permanent Housing. Grantee is encouraged to refer to the guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.

Department of Housing and Urban Development (“HUD”). Grantee shall comply with all applicable state and federal fair housing laws.

27. Grantee Acknowledgment of the Pet Friendly Housing Act of 2017 By executing this Agreement, Grantee acknowledges that the Pet Friendly Housing Act of 2017 (Health & Saf. Code, § 50466) requires each housing development, if it is financed on or after January 1, 2018 pursuant to Division 31 of the Health and Safety Code, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws and local governmental ordinances related to public health, animal

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 control, and animal anticruelty.

28. Final Certificate of Occupancy
Grantee shall provide a final certificate of occupancy (or an equivalent form of occupancy certification or approval) issued by the local agency having jurisdiction over such certificates.

29. Occupancy
The Assisted Units shall be occupied by the Target Population, and such units shall be in decent, safe, and sanitary condition at the time of their occupancy. In addition, the Grantee shall certify, upon occupancy, that it will employ the core components of Housing First (as set forth at Welfare and Institutions Code section 8255) as part of its property management plan and Supportive Services plan.

30. Tenant Selection
Referrals to Assisted Units shall be made through the local Coordinated Entry System (“CES”), or another comparable prioritization system based on greatest need shall be used. All referral protocols for Assisted Units shall be developed in collaboration with the local Continuum of Care and implemented consistent with the Program Requirements.

31. Participation in Statewide HDIS/HMIS
Grantee shall support Continuum of Care participation in the statewide Homeless Data Integration System (“HDIS”). As required by and in accordance with state and federal law (including all applicable privacy law), Grantee shall further disclose relevant data to the local Homeless Management Information System (“HMIS”) and comparable data collection systems.

32. Affordability Covenant
A. An Affordability Covenant shall be recorded against the Project real property in accordance with Section 208 of the NOFA and this Agreement. For Interim Housing Projects, the Department will prepare, and the Public Entity or Tribal Entity shall cause, a 30-year Affordability Covenant to be recorded against the Project real property.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 B. For Interim Housing Projects that will ultimately result in Permanent Housing, the Public Entity or Tribal Entity shall prepare and cause a 30-year Affordability Covenant to be recorded against the Project real property during the interim phase and upon conversion to permanent housing the public entity or tribal entity shall cause a 55-year affordability covenant.

C. For Permanent Housing Projects, the Public Entity or Tribal Entity shall prepare and cause a 55-year Affordability Covenant to be recorded against the Project real property. For Permanent Housing Projects located on tribal trust land, a 50- year Affordability Covenant shall be recorded against the Project real property.

D. The Affordability Covenant shall require integration of the Target Population within all entrances, common areas, and buildings that comprise the Project.

E. The Affordability Covenant shall include occupancy and rent restrictions that maintain the Project’s accessibility to the Target Population over the full term of the Affordability Covenant.

F. All Affordability Covenants are subject to the advance written approval of the Department, and shall be acceptable to the Department in form, substance, and priority. Project-specific requirements and deadlines are set forth at Exhibit E of this Agreement.

33. Restrictions on Sales, Transfers, and Encumbrances
Grantee shall not, for the duration of this Agreement, sell, assign, transfer, or convey the Project, or any interest therein or portion thereof, without the express prior written approval of the Department.

34. Retention, Inspection, and Audit of Records
A. Grantee is responsible for maintaining records which fully disclose the activities funded by the Grant. Grantee shall retain all records for a period of five (5) years after the expiration of this Agreement, unless a longer retention period is stipulated. If any litigation, claim, negotiation, audit, monitoring, inspection or other action commences during this required retention period, all records must be retained until a full and final resolution of the action.

B. The Department, as well as its appointees, employees, agents, and delegates, shall have the right to review, obtain, and copy all records pertaining to performance under this Agreement. The U.S. Department of the Treasury and

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 any authorized oversight body or representative, including, without limitation, the Treasury’s Office of Inspector General, the Government Accountability Office, and the Pandemic Relief Accountability Committee, shall have the right of access to such records in order to conduct audits or other investigations. Grantee shall provide any relevant information requested, and shall permit access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees and inspecting and copying books, records, accounts, and other relevant material.

C. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Project. At the Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The audit shall be performed by a qualified state, local, independent, or Department auditor. Where an independent auditor is engaged, the audit services agreement shall include a clause which permits the Department to have access to the independent auditor’s relevant papers, records, and work product.

D. If there are audit findings, the Grantee shall submit a detailed response to the Department for each audit finding. The Department will review the response. If the Department determines, in its sole and absolute discretion, that the response is satisfactory, the Department will conclude the audit process and notify the Grantee in writing. If the Department determines, in its sole and absolute discretion, that the response is not satisfactory, the Department will contact the Grantee, in writing, and explain the action required to cure any audit deficiencies.

Such action could include the repayment of ineligible costs or other remediation.

E. If so directed by the Department upon the termination or expiration of this Agreement, the Grantee shall deliver all records, accounts, documentation, and other materials that are relevant to this Agreement to the Department as depository.

35. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Project to determine whether it meets the Program Requirements. If the Department reasonably determines that the site is not acceptable for the Project in accordance with] the Program Requirements, the Department reserves the right to rescind the award and the Grant. Nothing in this paragraph is intended to create or imply any obligation of the Department to inspect the Project.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

36. Compliance with State and Federal Laws, Rules, Guidelines, and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the Homekey program.

B. Grantee shall comply with the requirements of 24 CFR 570.480 et seq., the Housing and Urban Development (HUD) 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 2400, Title II of the CranstonGonzales National Affordable Housing Act (42 U.S.C. § 12701 et seq.) and all federal regulations and policies issued pursuant to these regulations. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

37. Updated Information
If there is any change in the information that has been provided to the Department, Grantee shall promptly provide the Department with updated documentation (e.g., updated sources and uses). All changes shall be subject to Department approval. In addition, Grantee shall promptly notify the Department, in writing, of any changes in Grantee or Co-Grantee organization, authorization, or capacity.

38. Survival of Obligations
The obligations of the Grantee, as set forth in this Agreement, shall survive the termination or expiration of this Agreement.

39. Litigation
Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement, the Program Requirements, the interests of the Department, and the objectives of the Homekey Program.

40. Entire Agreement; Severability
This Agreement constitutes the entire agreement between the Grantee and the

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 Department. All prior representations, statements, negotiations, and undertakings with regard to the subject matter hereof are superseded hereby. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

41. Modification or Waiver under AB 1010
The Department reserves the right to waive or modify any requirement under this Agreement, or any Program Requirement, as authorized by and in accordance with Assembly Bill No. 1010 (Chapter 660, Statutes of 2019) (“AB 1010”), which is codified at Health and Safety Code section 50406, subdivision (p).

42. Waivers
No waiver of any breach, violation, or default under this Agreement shall be held to be a waiver of any other or subsequent breach or violation thereof or default thereunder. The Department’s failure, at any time, to enforce the provisions of this Agreement or to require the Grantee’s performance under this Agreement shall in no way be construed as a waiver of such provisions or performance, and it shall not affect the validity of this Agreement or the Department’s right to enforce this Agreement.

43. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This Agreement is subject to the administrative requirements, cost principles, and audit requirements for federal awards to non-federal entities, which are set forth at 2 Code of Federal Regulations part 200.

A. Accounting Standards: Grantee agrees to comply with, and administer the activity in conformance with, 2 CFR Part 200.300 et seq, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Debarred contractors: It certifies that neither the Applicant or its staff are presently debarred, suspended, proposed for debarment, declared ineligible, or

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 voluntarily excluded from participation in federal assistance programs, in any proposal submitted in connection with the Homekey program, per the Excluded Party List System located at https://www.sam.gov/SAM/. In addition, the Applicant will not award contracts to or otherwise engage the services of any contractor while that contractor (or its principals) is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from the covered transaction, in any proposal submitted in connection with the Homekey program under the provisions of 24 CFR Part 24.

Single Audit Requirements: Grantee is responsible for complying, as necessary, with the Single Audit Act and its implementing regulation at 2 Code of Federal Regulations part 200, subpart F regarding audit requirements.

44. Disputes
In the event of any conflict between this Agreement and any Grantee documents or side agreements, this Agreement and the Program Requirements shall prevail, are applicable, and shall be enforceable by the Department even if the Department provided review or approval of such documents and side agreements.

45. Consent
The parties agree that wherever the consent or approval of the Department or Grantee is required under this Agreement, such consent or approval shall not be unreasonably withheld, conditioned, or delayed, unless the same is specified as being in that party’s sole and absolute discretion, or other words of similar import.

46. Grantee Liability
Grantee shall remain liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest, or of any designation of a third party for the undertaking of all or any part of the Scope of Work. Likewise, each CoGrantee shall remain jointly and severally liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest; any designation of a third party for the undertaking of all or any part of the Scope of Work; or the Co-Grantees’ identification of a Designated Payee.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT D
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

47. Defense and Indemnification
Grantee agrees to defend, indemnify, and hold harmless the Department, and its appointees, agents, employees, and officers, from any losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses (including attorneys’ fees), which may arise in connection with Grantee’s use of the Grant funds and performance under this Agreement. If any attorney, including the California Attorney General, is engaged by the Department to enforce, construe, or defend any provision of this paragraph, with or without the filing of any legal action or proceeding, Grantee shall, individually or jointly, pay to the Department, immediately upon demand, the amount of all attorneys’ fees and costs incurred by the Department in connection therewith.

48. Time Is of the Essence
Time is of the essence under this Agreement, and in the performance of every term, covenant, and obligation contained herein.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7

PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS

1. PROJECT-SPECIFIC PROVISIONS
Project Name: Merriment Village Apartments
Address: 428 N. Walton Avenue, Yuba City, CA 95993
Assessor Parcel Numbers (APNs): 058-120-001-000
A. Permanent Housing – Award, Disbursement, and Eligible Use(s) Grantee received Homekey Program award letter on February 13, 2024 (the “Award Date”). Pursuant to that award letter, the Grantee is receiving Homekey Grant funds in the amount of $24,632,331.00 (the “Award”). The Payee of these funds is the City of Yuba City. Grantee will use the funds to provide Permanent Housing for the Target Population and subpopulations as specified in the unit mix chart included herein. Specifically, the Grantee will apply these funds towards the following eligible use(s):
1) New Construction of dwelling units to provide Permanent Housing for the Target Population.

The Homekey Award is comprised of:

Total Award $24,632,331.00
Capital Award $22,016,906.00
Acquisition $0.00
Rehabilitation $0.00
Master Leasing $0.00
New Construction $22,016,906.00
Affordability Covenants $0.00
Relocation $0.00
Operating Award $2,615,425.00

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 B. Unit Mix
# of
Bedrooms
Total
Homekey
Units
Homekeyfunded
Manager
Units
HomekeyAssisted
Units
AMI
Incom
e Limit
Target Population or
Subpopulation Restriction
2-Bedroom 79 0 79 30% Homeless
3-Bedroom 1 1 0 N/A Manager Unit
Totals: 80 1 79
Grantee must use referrals to the Homekey Assisted Units through the local Coordinated Entry System (CES) or comparable prioritization system based on greatest need. All referral protocols for Homekey Assisted Units must be developed in collaboration with the local CoC and implementation consistent with the requirements set forth in the Homekey NOFA.

C. Project Narrative
1) Merriment Village Apartments is the Phase 1 of a larger project that will create 80 newly construction units, with 79 two-bedroom units, and one (1) three-bedroom manager's unit. The Project will provide permanent supportive housing for households with incomes equal to or less than 30% of Area Median Income (AMI). Seventy-nine (79) units will exceed federal and state accessibility requirements for persons with mobility disabilities and will include features accessible to persons with hearing or vision disabilities. Each unit will include a refrigerator, microwave, basic cooking utensils, and storage for food and kitchenware, a bed, nightstand, a desk, or table, living space seating and storage units. Off-site amenities, located within two miles of the project include transportation stops, a medical clinic, a grocery store/supermarket, a pharmacy, and a public park.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 D. Scope of Work
1) Construction and Rehabilitation Detail:

Overall, the scope of work for phase one of the Merriment Village Project involves site preparation, infrastructure development, and construction of the 79 housing units.
a) Prepare and clear the land for construction, conduct soil testing and prepare the site foundation, install temporary utilities to support construction activities
b) Develop ground for community center and playground area, Construct roadways and sidewalks to connect the housing units to the community.
c) Install drainage and irrigation systems
d) Install plumbing, electrical, and HVAC systems in each unit. e) Install smoke detectors and fire suppression systems to ensure safety.
2) Supportive Services and Staffing Detail:

Grantee shall assure that the case manager ratio for this project will be maintained at 14.4 to 1 for Homelessness. Habitat for Humanity:

Yuba/Sutter, Inc. will practice the Housing First model and will manage the property. Supportive Outreach Services (SOS) will lead the project’s Supportive Services. On site services include Case management and Hosing Navigation; Household management skills: managing costs,

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 cooking, and shopping; One-on-one coaching in house cleaning; use of utilities, household appliances and plumbing conditions of a lease.

E. Grantee Contract Coordinator
Authorized Representative Name: Diana Langley
Authorized Representative Title: City Manager
Entity Name: City of Yuba City
Address: 1201 Civic Center Boulevard, Yuba
City, CA 95993
Telephone No.: (530) 822-4602
E-Mail Address: [email protected]
Authorized Representative Name: Joseph Hale
Authorized Representative Title: CEO
Entity Name: Habitat for Humanity Yuba/Sutter, Inc.

Address: 202 D Street, Marysville, CA 95901
Telephone No.: (530) 742-2727, Ext 211
E-Mail Address: [email protected]
F. Additional Conditions Precedent to Disbursement
None

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 G. Budget Detail
1) Grantee is obligated to cover the Project’s development, operations, and service costs for five (5) years. Grantee will satisfy this obligation by leveraging funding commitments, or other reasonable funding assurances, from the following funding sources:
a) Homekey Award dated February 13, 2024, for a funding commitment of $24,632,331.00 for new construction.
b) The Habitat for Humanity (HHYS) letter dated May 14, 2024, for a funding commitment of $1,000,000.00 for in kind development materials.
c) The HHYS letter dated May 14, 2024, for a funding commitment of $4,445,175.00 for project development in cash from ReStore. d) The HHYS letter dated May 14, 2024, for a funding commitment of $989,965.00 for in kind furnishings.
e) The City of Yuba City letter dated January 8, 2023, for a funding commitment of $155,000 annually for project years one to three for a total of $465,000.00 in Permanent Local Housing (PLHA) for construction and development.
f) The City of Yuba City letter dated January 8, 2023, for a funding commitment of $1,787,922.00 for development.
2) Grantee shall maintain the ongoing affordability of the Project by leveraging the following non-Homekey sources of rental or operating subsidies:
a) The HHYS letter dated May 14, 2024, for a funding commitment of $183,333.33 annually for project years four to fifteen for a total amount of $2,200,000.00 for in kind support services.
b) The HHYS letter dated May 14, 2024, from CalAIM partnership agreement for a funding commitment of $1,478,011.00 in
community support for project years four and five. HHYS also

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 commits $9,289,712.00 in operating subsidy from vouchers & medical during project years four through fifteen.
c) The City of Yuba City letter dated January 8, 2023, for a funding commitment of $155,000.00 annually for project years four through fifteen for a total amount of $1,860,000.00 in PLHA funds for operating subsidies.

H. Performance Milestones
Performance Milestones Milestone Completion Date
Project escrow must be closed and
Capital funds must be fully expended.

May 13, 2025
(This date includes a 7-month
extension granted by the Department)
Homekey-funded operating funds must
be fully expended.

June 30, 2026
All Acquisition, Construction and/or
Rehabilitation of the Homekey Project
must be completed.

February 13, 2025
Full occupancy by the Target Population
must be accomplished in accordance
with the descriptions and
representations set forth in the
Application.

May 13, 2025
A copy of Grantee’s written
nondiscrimination policy (in accordance
with Exhibit D of this Agreement) must
be submitted to the Department.

October 14, 2024

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 Performance Milestones Milestone Completion Date
A Department-approved Affordability
Covenant must be recorded against the
Project real property after the
Departments approval to record, and as
specified and described in the NOFA
and this Agreement.
30 days from Standard Agreement
execution
*But not before Department approval
A copy of the Notice of Exemption from
the California Environmental Quality Act
(CEQA) filed with the Office of Planning
and Research (OPR) as applicable.

October 14, 2024
A Homekey Program and Expenditure
Report must be submitted to the
Department as specified and described
in the NOFA.

January 31 – Each year for five (5)
years following the Effective Date of
this Agreement.

2. SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions are applicable to this Project and shall control notwithstanding anything to the contrary herein:

A. Affordability Covenant
1) The state, regional, local, or tribal Grantee shall ensure that the Project is duly encumbered with a 55-year Affordability Covenant that (a) is recorded in first position against the Project for the benefit of the state, regional, local, or tribal Grantee; (b) restricts the use, operation, occupancy, and affordability of the Project in accordance with this Agreement and the applicable Program Requirements; (c) duly names the Department as a third-party beneficiary with the right and privilege, but not the obligation, of enforcement thereof; and (d) is otherwise in form and substance acceptable to the Department.

City of Yuba City, Habitat for Humanity Yuba/Sutter, Inc. 23-HK-18192

EXHIBIT E
Homekey Program – Round 3 (Homekey)
NOFA Date: 03/29/2023, as amended 11/15/2023
Project Name: Merriment Village Apartments
Approved Date: 11/21/2023
Prep. Date: 05/17/2024
Unique Entity Identifier(s): PBUJLH2KP9T9, LEK1XYNBNYL7 2) The Affordability Covenant must be recorded against the real property of the Project site by the Milestone Completion Date set forth herein. The Grantee shall obtain the Department’s express written approval of the Affordability Covenant prior to the recordation of the same. After recordation, the Grantee shall promptly provide the Department with a conformed copy of the recorded Affordability Covenant.
3) Unless otherwise authorized by the prior and express written approval of the Department, the Affordability Covenant must be recorded as a lien against the Project in first position, and must remain in first position, over all other Project agreements, covenants, or other matters of record on the real property for the period of affordability required by the Program.

B. Grantee has committed to serve specific sub-populations as per NOFA Section 304, Application Scoring Criteria (3)(a). Grantee shall ensure that at least 50 percent of the Project’s Assisted Units are restricted to occupancy by households experiencing Homelessness.

C. Grantee has committed to a 55-year use restriction for the Project and has waived any potential accommodation by the Department to increase income limits, as per NOFA Section 304, Application Scoring Criteria, (3)(c), for 100 percent of the Assisted Units.

D. Grantee has committed to the following accessibility details for the Project, as per NOFA Section 304, Application Scoring Criteria, (3)(d), the Project will exceed the state and federal accessibility requirements set forth in the NOFA. At least 15 percent of the Project’s Assisted Units must have features accessible to persons with mobility disabilities. At least 10 percent of the Project’s units must have features accessible to persons with hearing or vision disabilities.

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris

CITY OF YUBA CITY
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
City Manager’s Report

CITY OF YUBA CITY
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
City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment