Yuba City City Council
November 19, 2024

Deny or modify the recommendation.

Recommendation:

Introduce an Ordinance of the City Council of the City of Yuba City to repeal Chapter 1 (Parks and Recreation Commission) of Title 9 of the Yuba City Municipal Code, and waive the first reading.

Attachments:

1. P & R Commission RESOLUTION

2. P & R Commission Ordinance
Prepared By: Submitted By:

Ann Gillen
Community Services Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO DELETE CHAPTER 1 (PARKS AND RECREATION COMMISSION) OF TITLE 9 OF THE MUNICIPAL CODE
WHEREAS, the Parks and Recreation Commission was established in 2002 as an advisory board for the City Council, the City Manager, and the Parks and Recreation Director in all matters related to parks and recreation.; and
WHEREAS, the Community Services Department, Parks Division will take over as the City’s Tree Advisory Board; and
WHEREAS, in order to better align with Council priorities, the Council desires to dissolve the Parks and Recreation Commission and repeal Chapter 1 of Title 9 of the Municipal Code.

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

Section 1. The City Council expresses its appreciation for all members who have served on the Parks and Recreation Commission and their service to the Yuba City community.

Section 2. The City Council amends the Municipal Code to repeal Chapter 1 of Title 9 in its entirety. Chapter 1 of Title 9 shall be designated as [Reserved].

Section 3. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

Section 4. This Ordinance shall take effect and be in full force and effect from and after 30 days after its final passage and adoption.

Introduced, passed and adopted at a regular meeting of the City Council of the City of Yuba City on the 19th day of November, 2024.

AYES:

NOES:

ABSENT:

________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 21

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Senior Engineer
Summary
Subject: Plumas Tower Plaza Mini Park Re-Naming
Recommendation: A. Receive a recommendation from the Ad Hoc Committee for the naming of the Plumas Tower Plaza Mini Park and conduct a Public Hearing B. If the City Council agrees with the recommendation of the Ad Hoc Committee, adopt a Resolution renaming Plumas Tower Plaza Mini Park to Tower Plaza Fiscal Impact: Minor staff costs associated with time supporting the Ad Hoc committee Purpose:

To re-name Plumas Tower Plaza Mini Park based on the selection from the Water Tower Plaza Name and Mural Design Ad-Hoc Committee.

Council’s Strategic Goal:

The overall development of this project addresses City Council's Strategic Goal of Quality of Life.

Background:

In 2022, the California Department of Transportation (Caltrans) created the Clean California Local Grant Program (CCLGP) to fund projects which would clean and beautify public spaces, to improve spaces for walking and recreation. Through the review of this grant opportunity, City staff determined that the grant could fund multiple improvements along Plumas Street, while also making new improvements.

In March of 2022, the City received a notification from Caltrans that it had been awarded $2,235,628 for the Plumas Street project, which includes the following improvements to the downtown area:
• Water Tower
o Abate lead paint and remove old lighting systems on the water tower o Re-paint the water tower and install new logos which match current City Standards o Install new multi-colored LED uplighting on water tower

• Park Under/Adjacent to Water Tower
o Park/common area with a shade structure
o Playscape Installation
o Drought-tolerant landscaping installation
o Digital event board installation
o Public Mural Installation
• Plumas Street Improvements
o Installation of trash/recycling bins from Bridge Street to State Route 20 o Installation of an illuminated Gateway Arch at the downtown area entrance, which compliments Plumas Street’s current architectural style • Center Street:
o Install festoon-style lighting that crisscrosses over Center Street o Install trash/recycling bins along Center Street
To ensure that project stakeholders were able to provide ideas for the plaza, the Council established an Ad Hoc Committee for the re-naming of the plaza and the selection of the mural design. The Ad Hoc Committee consists of:
• Two (2) Council Members
• Owner of Lee's Canton
• One (1) representative from the Downtown Business Association • One (1) Senior Commission Volunteer
• One (1) Youth Commission Volunteer
• One (1) representative from Yuba Sutter Arts and Culture After creation of the Ad Hoc Committee, the City released a "Call for Names" for the plaza, providing the public with an opportunity to submit names for the revitalized plaza. The City received over 100 responses with 67 separate names submitted.

Analysis:

On October 11, 2024, the Ad Hoc Committee met to review the names submitted, and to ultimately provide a name recommendation to Council. After review and discussion, the Ad Hoc Committee provided votes on the top five names picked by the Committee. The results were as follows:

Ranking Name Submitted Votes Received by Ad Hoc
Committee
1 Tower Plaza 4
2 (Tie) Plumas Tower Plaza 2
2 (Tie) Tower Park Plaza 2
3 (Tie) Downtown Plaza 1
3 (Tie) Plumas Street Plaza 1
Based on the above vote results, the Ad Hoc Committee recommends renaming the existing plaza to Tower Plaza.

Fiscal Impact:

Minor staff costs associated with time supporting the committee.

Alternatives:

Elect an alternative name for the Plaza in accordance with City policy.

Recommendations:

A. Receive a recommendation from the Ad Hoc Committee for the naming of the Plumas Tower Plaza Mini Park and conduct a Public Hearing.

B. If the City Council agrees with the recommendation of the Ad Hoc Committee, adopt a Resolution renaming Plumas Tower Plaza Mini Park to Tower Plaza.

Attachments:

1. Attachment 1 - Resolution - Plaza Renaming

2. Exhibit A - Park and Facility Naming Policy
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

RENAMING PLUMAS TOWER PLAZA MINI PARK TO TOWER PLAZA
WHEREAS, the City of Yuba City formed an Ad Hoc Committee for the renaming of Plumas Tower Plaza Mini Park; and,
WHEREAS, the City released a Call for Names for the subject plaza, and the Ad Hoc Committee has reviewed and voted on the names submitted; and, WHEREAS, the results of the Ad Hoc Committee’s plaza name votes are as follows:

Ranking Name Submitted
Votes Received by Ad Hoc
Committee
1 Tower Plaza 4
2 (Tie) Plumas Tower Plaza 2
2 (Tie) Tower Park Plaza 2
3 (Tie) Downtown Plaza 1
3 (Tie) Plumas Street Plaza 1
; and,
WHEREAS, the above names submitted comply with the City’s Parks and Facility Naming Policy, attached to this Resolution as “Exhibit A”; and, WHEREAS, based upon the Ad Hoc Committee’s review and votes, the Ad Hoc Committee recommends renaming Plumas Tower Plaza Mini Park to Tower Plaza.

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

Section 2. The City Council of the City of Yuba City does hereby rename Plumas Tower Plaza Mini Park to Tower Plaza
Section 2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of November, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

A. Exhibit A – City Park and Facility Naming Policy

EXHIBIT A

City of Yuba City
PURPOSE:

The purpose of this policy is to establish criteria and procedures relating to the naming of new City Parks and/or City Facilities. Naming parks serves a public interest by recognizing important landmarks, locations, or persons. The development of policies and procedures to guide the naming and dedication of City Parks/Facilities is intended to enable the process to be applied in a fair, objective and consistent manner. This policy may not be consistent with existing names of City Parks and/or Facilities. No suggestion is made or intended that existing names be changed. This policy is a basis for future decisions/considerations only.

POLICY:

It is the policy of the City of Yuba City to name newly acquired or developed City Parks and City Facilities based upon the procedures set forth in this chapter. The City of Yuba City Council will have final approval on all “naming” of City Parks and/or City Facilities.

QUALIFYING NAMES:

Names submitted for consideration should provide some form of individual/ organizational identity in relation to the following:
1) Street that is adjacent to the park
2) Geographical or historical significance to the region 3) Individuals
4) Organizations
Applies to
City-Wide
Supersedes
N/A
Effective Date
September 22, 2021
Manual
Standard Operating Procedures
Source
Community Services
Key Subject
Policy
Title
City Parks and Facilities Naming Policy
Approved
Dave Vaughn, City Manager

CRITERIA:

A. Individuals
i. Deceased at least three (3) years; and/or
ii. Died in the line of duty serving our community or the United States; and/or
iii. Made extraordinary lasting and significant contributions to the City of Yuba City, the region, State of California, or the United States of America. Died while performing a heroic act (e.g., saving the life of another person) ; and/or
iv. Made significant donations/contributions to the City of Yuba City, resulting in acquisition of property, buildings, or specifically to a new park; and/or
v. Individuals will not be considered that could cast a negative image upon the City; and/or
vi. Individual was a resident of the City of Yuba City for over 20 years; and/or
vii. Individual has made exceptional contributions to the City of Yuba City including one or more of the following: financial gifts, public service or committed to a long-term sponsorship agreement. viii. A background check, paid by the applicant, will be required for any individuals after whom a park will be named.

B. Organizations
i. Organization has made exceptional contributions to the City of Yuba City including one or more of the following: financial gifts, public service or long-term sponsorship agreements.

EXCLUSIONS:
1) Naming proposals that promote alcohol, tobacco products or political organizations will not be considered.
2) Established Parks will not be available for renaming rights. 3) Under extraordinary circumstances that would cast a negative image upon the City, any of the City recognitions may be revoked at the discretion of the City Council.

SIGNS:

A sign identifying the park is the standard form of recognition. Signs will comply with the current park signage standards and will be provided by the City.

Clerk’s Errata Note:

Resolution Exhibit “A” was updated to that actually presented and adopted during the Council meeting on September 21, 2021.

Agenda Item 22

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Certifying Need for CalPERS 180-Day Wait Period Exception for Spencer Morrison to be appointed as Extra Help Finance Director Recommendation: Adopt a Resolution
A. Certifying the need for an exception to the CalPERS 180-day wait period for Spencer Morrison to be appointed as Extra Help-Finance Director B. Approving the employment agreement and appointing Spencer Morrison as provided in the Resolution following approval by CalPERS C. Authorize Finance Director to make a supplemental appropriation of $40,000 to account 1510-61310 (extra help) for FY 2024/25 D. Authorize Finance Director to make a supplemental appropriation of $40,000 to transfer funds from Enterprise Resource Planning (ERP) project 941313-Z69990 to 100-Z699980
Fiscal Impact: A cost of $40,000 is projected for backfill during FY 2024/25, and there is sufficient budget allocated in the ERP project 941313 to cover this. This estimate is based on an hourly rate of $85.84/hr and over 400 hours of staff time committed to the project for the remainder of FY 2024/25 Purpose:

To certify the need for a limited term extra help employment agreement necessary to permit Spencer Morrison’s employment as a retired annuitant from the generally-required CalPERS 180-day wait period.

Council's Strategic Goal:

This item aligns with City Counci's Strategic Goal of Fiscal Responsibility.

Background:

As part of Yuba City’s modernization efforts, we are currently in the process of implementing a new ERP system designed to streamline various operational functions, including human resources, payroll, finance, and procurement. This complex system transition is resource-intensive, requiring significant time and focus from the current staff to ensure successful integration.

Given the complexity of the implementation, a considerable portion of the workforce is temporarily reassigned to the ERP project, which can result in gaps in staffing for critical day-to-day functions. To mitigate the impact on ongoing operations and avoid delays in service delivery, it is necessary to bring back a retired annuitant who is familiar with the agency’s procedures and systems. Mr. Morrison is uniquely qualified to provide immediate assistance, having previously worked in Finance and having an in-depth understanding of the agency’s workflows.

CalPERS' typical requirements for employment of retired annuitants, who are of normal age of their retirement date, is a 180-day wait period before the annuitant can be employed as an annuitant. One of the exceptions to the 180-day wait period is an employer resolution certification of critical need to appoint the annuitant in less than 180 days following retirement. The governing board of the public agency then presents CalPERS with a resolution, passed in a public meeting that makes such certification and approves the appointment. Additionally, the resolution must not be placed on the consent calendar and must include a copy of the retiree's employment agreement.

Analysis:

This staff report seeks approval to rehire Mr. Morrison, a retired employee, to provide temporary backfill assistance for critical functions during the implementation of the new ERP system. The ERP system transition may cause strain on current staff resources, and rehiring the retired annuitant will ensure that key operations continue smoothly while the agency’s personnel focus on implementing the new system. The temporary assistance will support the agency’s ongoing operations and allow current staff to prioritize the implementation of the ERP system without compromising service levels or productivity.

In order to mitigate the impact on ongoing operations and avoid delays in service delivery during the implementation of the ERP, the Finance Director has prepared the required CalPERS resolution and retired annuitant employment agreement for Mr. Morrison to be appointed as temporary, extra help Finance Director. If these CalPERS required documents are approved by City Council, staff will submit them to CalPERS prior to Mr. Morrison beginning work as a retired annuitant with the City in this extra help capacity.

Fiscal Impact:

A cost of $40,000 is projected for backfill during FY 2024/25, and there is sufficient budget allocated in the ERP project 941313 to cover this.

1. Authorize the Finance Director to make a supplemental appropriation of $40,000 to account 1510- 61310 (extra help) for FY 2024/25.

2. Authorize the Finance Director to make a supplemental appropriation of $40,000 to transfer funds from Enterprise Resource Planning (ERP) project 941313-Z69990 to 100-Z699980.

Alternatives:

1. Do not approve the CalPERS 180-day wait period exception Resolution.

2. Provide City staff direction.

Recommendation:

Adopt a Resolution

A. Certifying the need for an exception to the CalPERS 180-day wait period for Spencer Morrison to be appointed as Extra Help-Finance Director.

B. Approving the employment agreement and appointing Spencer Morrison as provided in the Resolution following approval by CalPERS.

C. Authorize Finance Director to make a supplemental appropriation of $40,000 to account 1510- 61310 (extra help) for FY 2024/25.

D. Authorize Finance Director to make a supplemental appropriation of $40,000 to transfer funds from Enterprise Resource Planning (ERP) project 941313-Z69990 to 100-Z699980.

Attachments:

1. CalPERS Resolution

2. Morrison, Spencer Extra Help Annuitant Agreement
Prepared By: Submitted By:

Diona Pope
Finance Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE EXCEPTION OF THE CALPERS 180-DAY WAIT PERIOD FOR

CALPERS ANNUITANT
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council of the City of Yuba City must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Spencer Morrison, “Morrison” (CalPERS ID 5284969373) is retiring from the City of Yuba City in the position of Finance Director effective (CalPERS retirement date December 13, 2024); and
WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which (June 12, 2025) without this certification; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City of Yuba City and Morrison certify that Morrison has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Morrison as an extra help retired annuitant to perform the duties of the Extra Help – Finance Director for the City of Yuba City under Gov. Code section 21224 effective January 1, 2025 or as soon thereafter as the City receives CalPERS approval; and
WHEREAS, the entire employment agreement, contract or appointment document between Morrison and the City of Yuba City has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS, the maximum base salary for this position is $14,879 and the hourly equivalent is $85.84, and the minimum base salary for this position is $12,241 and the hourly equivalent is $70.62; and
WHEREAS, the hourly rate paid to Morrison will be $85.84; and WHEREAS, Morrison has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition this hourly pay rate; and
THEREFORE, BE IT RESOLVED by the City Council of Yuba City as follows:

1. The City Council hereby certifies the nature of the appointment of Morrison as described herein and detailed in the attached employment agreement/contract/ appointment document and that this appointment is necessary to fill the critically needed position of Extra-Help Finance Director for the City of Yuba City by January 1, 2025, or as soon thereafter as possible, because of Morrison’s specific expertise in Yuba City’s operations and institutional knowledge.

2. Authorize Finance Director to do a supplemental appropriation of $40,000 to account 1510-61310 (extra help) for FY 2024/25.

3. Authorize Finance Director to do a supplemental appropriation of $40,000 to transfer funds from Enterprise Resource Planning (ERP) project 941313-Z69990 to 100-Z699980.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 19th day of November, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
Attest:

Ciara Wakefield, Deputy City Clerk
Approved as to form:

Ian B. Sangster
Kronick, Special Counsel

ATTACHMENT 2

AGREEMENT FOR TEMPORARY
LIMITED-TERM “EXTRA-HELP” EMPLOYMENT
THIS Agreement for temporary, limited term “extra help” employment is by and between the City of Yuba City (“City”) and Spencer Morrison (“Employee”) (collectively the “Parties”). It is effective on the latest date of signature below.

WHEREAS, the City has a critical need to backfill a position due to the implementation of an ERP (Enterprise Resource Planning) system, which requires specialized knowledge and skills for the continued delivery of public services;
WHEREAS, Employee possesses the necessary specialized skills and qualifications to perform the required services for the City during this temporary backfill period; and
WHEREAS, this Agreement is in accordance with California Government Code Section 21224.

NOW THEREFORE, in consideration of the mutual covenants contain herein, the Parties agree as follows:

1. Scope of Services: Pursuant to this Agreement, Employee shall temporarily backfill a critical position to support the City’s operations during the ERP system implementation. Specifically, Employee shall provide specialized skills as described in Exhibit A, under the direct supervision of the Finance Director.

2. Time of Performance: The services of Employee shall commence on January 1, 2025, and shall continue until June 30, 2026 unless terminated sooner by either Party.

3. Compensation: Employee shall be compensated as follows:
(a) Hourly Rate of Pay: Employee shall be paid at the rate of $85.84 per hour (the “Hourly Rate”). The City has determined that this hourly rate is neither less than the minimum, nor more than the maximum, hourly rate paid to other employees performing comparable duties as listed on City’s publicly available pay schedule, reflected as an hourly rate by dividing the monthly base pay by 173.333. Payments will be made on regularly scheduled City payroll dates. Employee will be responsible for keeping track of Employee’s hours worked on a daily time sheet form, provided by the City and submitted to the Finance Director or designee for approval and payroll purposes. Employee understands and agrees that Employee is not, and will not be, eligible to receive any compensation other than this specified hourly rate of pay.

(b) Hours per Week: This employment is for part-time work and, generally, will not exceed 40 hours per week. The City will assign Employee specific hours to work, and under no circumstances may Employee work in excess of 40 hours per week without the express prior permission of the Finance Director.
(c) Payment for Work Done in Excess of 40 Hours Per Week: The temporary position under this Agreement is not exempt from FLSA overtime pay requirements. The Employee shall be paid at one and one-half times the regular rate of pay for any time worked in excess of 40 hours per week.
(d) Work less than 960 hours per year: Employee is allowed to work a cumulative maximum of 960 hours per fiscal year for any CalPERS agencies. The City retains the right to reduce, change, or amend the number of hours worked consistent with the City’s workload and other needs. If Employee’s annual hours are approaching 960, then the City retains the right to summarily suspend Employee’s duties under this Agreement and to reassign any scheduled hours, as needed, to ensure that Employee does not exceed the maximum hours allowed by this Agreement.

4. Employment Status as Fixed-Term/”Extra-Help” Employee: The parties agree that Employee has specialized skills needed in performing work of limited duration. In the performance of the work and services agreed to be performed, Employee is not filling a vacant, regular position with City, but rather Employee shall act as and be a temporary, fixed-term, “Extra-Help” employee to address a special need and circumstance.
(a) Time of Retirement. Employee retired effective December 13, 2024 in the CalPERS system. Because he possesses specialized skills related to necessary public services, the City Council has certified the need for Employee’s appointment before 180 days has passed following his retirement.
(b) Benefits: Employee understands and agrees that Employee is not, and will not be, eligible to receive any benefits from the City, including any City group plan for hospital, surgical, or medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of the City, except for Worker’s Compensation Insurance coverage.

City will enroll Employee in CalPERS solely for administrative recordkeeping purposes (Employee will remain in retired status) and will report both Employee’s hours and pay pursuant to this Agreement.

(c) No Membership in Bargaining Unit: Employee understands that Employee is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees. (d) No Property Right in Employment: Employee understands and agrees that the terms of this employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Employee further understands that Employee acquires no property interest in this employment by virtue of this Agreement, that the employment is “at will” as defined by the laws of the State of California (meaning that Employee can be terminated at any time for any reason or for no reason), and that Employee is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action.
(e) Employment of a Retiree: Employee understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment for a limited duration to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Employee is providing service to any other CalPERS public agency employer during the term of this Agreement, Employee must immediately notify the City of such other CalPERS
agency employment and disclose on a periodic basis the
number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded. Employee expressly agrees that Employee shall be solely responsible for any costs or liabilities of either party resulting from Employee’s failure to disclose such other CalPERS agency employment and shall indemnify and hold City harmless from any such costs and liabilities.
(f) No Recent Unemployment Payments to Retiree. Retiree specifically warrants and represents that Employee has not received unemployment insurance payments in the prior 12-month period arising from work performed as a retiree for any public employer.

5. Termination: Either Party may terminate this Agreement without cause upon written notice.

6. Ownership of Work: All documents furnished to Employee by the City and all reports and supportive data prepared by Employee under this Agreement are City property and shall be given to City at the completion of Employee’s services.

7. Notices: Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the Parties as follows:

City of Yuba City
Diana Langley
City Manager
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993

EMPLOYEE
Spencer Morrison
1580 Nadean Dr
Yuba City, CA. 95993

8. Non-Assignment of Agreement: This Agreement is intended to secure the individual services of the Employee and is not assignable or transferable by Employee to any third party.

9. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Sutter County.

10. Enforceability: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

11. Conflict of Interest: Employee agrees that during the term of this Agreement, Employee will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair Employee’s ability to perform the duties described in this Agreement. Any work performed for the City outside the terms of this Agreement must be approved in advance in writing by the City Manager. Employee agrees to disclose whether Employee is performing work for any other CalPERS public agency employer as required by this Agreement.

12. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the Parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the Parties. Employee shall be entitled to no other compensation or benefits than those specified herein, and Employee acknowledges that no

representation, inducements or promises not contained in this Agreement have been made to Employee to induce Employee to enter into this Agreement. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both Parties. Employee understands that no oral modification of this Agreement made by any officer, agent, or employee of the City is effective.

Employee specifically acknowledges that in entering into and executing this Agreement, Employee relies solely upon the provisions contained herein and no others.

13. Support Services and Equipment: Employee shall be provided work space and the necessary tools and equipment during assigned working hours, sufficient to fulfill obligations under this Agreement, as determined by the City Manager, at no cost to Employee.

14. Reimbursement for Necessary and Approved Work Expenses: Employee shall be reimbursed by City in accordance with standard City policy for all properly pre-authorized and necessary travel or other expenditures undertaken by Employee in performance of services pursuant to this Agreement. Employee shall document and claim said reimbursement in the manner and forms required by the City. Other than as specifically provided herein, Employee shall receive no other compensation or reimbursements for expenses incurred in performance of this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above.

CITY OF YUBA CITY:

By: ___________________________
Diana Langley
City Manager

EMPLOYEE
By: __________________________________
Spencer Morrison

EXHIBIT A
The temporary, limited term employment under this Agreement is for performance of the following duties and scope of work:

1. Employee shall provide temporary support for the City’s accounting functions, specifically to cover gaps in services caused by the implementation of the new ERP system.

2. Employee shall support the implementation and data migration process for the ERP system.

Agenda Item 23

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Business License Ordinance Update
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit organizations, and waive the first reading Fiscal Impact: The City will experience a revenue reduction of $60 per non-profit application with an impact of less than $4,000 per year
Purpose:

To remove the non-profit business license application language from the Municipal Code.

Council's Strategic Goal:

This item supports the City Council priority of business friendly.

Background:

In 1993, the City of Yuba City adopted a business license tax Ordinance to help offset the impacts commerce has on local resources that go beyond that which is covered by other taxes and to raise awareness of businesses operating within city limits. The Ordinance includes language specific to nonprofit organizations which are revenue-generating enterprises operating within the city limits. While no license taxes are collected from non-profit enterprises, they are required to file an application with the intention of a better understanding of who is operating in Yuba City.

City staff have received complaints from the non-profit enterprise community about the City’s Ordinance, collection of applications, and the related $60 processing fee. Fees, like fines, are in place to cover costs for tasks that are benefiting individuals and are therefore not funded through taxes collected, e.g., staff time for processing license fees, permits, recreation classes, abatement responses, and other individualized services. Taxes pay for services that benefit many residents at one time like police and fire services, parks maintenance, and City support divisions like human resources, custodians, and accounting staff.

Analysis:

Staff has evaluated the value of requiring non-profit business license applications and determined that the administrative convenience for non-profit enterprises outweighs the City's desire to know about the business this segment is conducting.

Fiscal Impact:

The City will experience a revenue reduction of $60 per non-profit application with an impact of less than $4,000 per year.

Alternatives:

1. Do not remove the non-profit application language from the ordinance; or

2. Provide staff with different language to alter the Ordinance pertaining to nonprofit enterprise applications.

Recommendation:

A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 to exclude the license application requirement for non-profit organizations, and waive the first reading.

Attachments:

1. Proposed Ordinance Update

2. Municipal Code Subsection (b)(2) of Section 3-4.24
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Diana Langley
City Manager

- 36 -
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY MUNICIPAL CODE SUBSECTION (B)(2) SECTION 3-4.24 TO EXCLUDE

THE NON-PROFIT APPLICATION REQUIREMENT
WHEREAS, the City of Yuba City has a business license ordinance last updated on April 15, 2019, requiring all businesses based in Yuba City or engaged in commerce within city limits to apply for a business license annually and pay a tax calculated on gross revenues; and WHEREAS, non-profit organizations as covered under Revenue and Taxation Code Section 23701 are required to submit a business license application but are not required to pay a license tax; and
WHEREAS, City staff have received complaints from the non-profit enterprise community about the City’s Ordinance, collection of applications, and the related $60 processing fee; and WHEREAS, Staff have evaluated the value of requiring non-profit business license applications and determined that the administrative convenience for non-profit enterprises outweighs the City's desire to know about the business this segment is conducting; and WHEREAS, the City Council now desires to repeal Municipal Code Subsection (b)(2) of Section 3-4.24 by adopting an ordinance to exclude the license application requirement for non-profit organizations; and
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

Section 1. The above recitals are incorporated by reference.

Section 2. Subsection (b)(2) of Section 3-4.24 of the Yuba City Municipal Code shall be removed in its entirety:
(2) Business license required; exceptions. Any person, institution or organization claiming exemption from the payment of a business license tax shall, nevertheless, apply to the Collector for a business license in the same manner, and at the same time as is required in this chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein.

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

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

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

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 19th day of November 2024, and adopted at a regular meeting thereof held on the 17th day of December 2024.

AYES:

NOES:

ABSENT:
____________________________
Shon Harris, Mayor
City of Yuba City
ATTEST:
___________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBACITY
__________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

Created: 2024-09-16 15:24:40 [EST]
(Supp. No. 9)

Sec. 3-4.24. Tax-exempt status.
(a) Disabled veterans. Every person who has been honorably discharged from military service of the United States and who is exempted from the payment of business license tax by statute of the State may distribute circulars, hawk, peddle, and vend any goods, wares or merchandise owned by him or her, except spirituous, malt, vinous or other intoxicating liquor, without payment of this license tax; subject however to the restrictions, limitations, regulations and conditions hereinafter set forth. (1) Every applicant must furnish a certificate of physical disability executed by a qualified physician or submit equivalent evidence of disability.
(2) A license, when issued, is subject to the following conditions:
(i) Said license shall not be defaced, mutilated, disfigured or otherwise altered subsequent to its issuance, and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter. (ii) It is nontransferable and for the exclusive use of the licensee named. (iii) Should a license be found in the possession of one other than the licensee named, it shall be surrendered to the Collector and revoked. Neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. (iv) The licensee named must identify himself or herself whenever required to do so by any City police officer, or any authorized agent of the Collector. (v) It shall be unlawful for any person other than the licensee named to use or have in his or her possession any license issued pursuant to the provisions of this section. (vi) It shall be unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section or for any person to transfer or convey the certificates mentioned in this section to any other person for the purpose of securing a license as herein provided. (b) Nonprofit organizations.
(1) Nonprofit organizations in general. The provisions of this chapter shall not be construed to require the payment of a license tax to conduct any business, occupation or activity or require the payment of any license tax from any institution or organization which currently has or is eligible for an exemption from the payment of federal income taxes under Section 501 of the Federal Internal Revenue Code as amended from time to time and/or exemption from the payment of State income taxes under Revenue and Taxation Code § 23701 et seq. as amended from time to time. An institution or organization claiming a license fee exemption under this section has the burden of furnishing to the Collector such information as the Collector may require to support the claim or eligibility for exemption.

Nothing in this section shall be construed to relieve an institution or organization which is eligible for or claims to be eligible for exemption from payment of a business license tax from the requirement to obtain a business license as provided in this Code.
(2) Business license required; exceptions. Any person, institution or organization claiming exemption from the payment of a business license tax shall, nevertheless, apply to the Collector for a business license in the same manner, and at the same time as is required in this chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein.
(c) Special events; community promotion. The provisions of this chapter shall not be construed to require the payment of a license tax to conduct any business, occupation or activity that in the opinion of the City shall provide community promotion activities such as but not limited to: festivals, farmer's markets.

Created: 2024-09-16 15:24:40 [EST]
(Supp. No. 9)

(d) Tax-exempt licenses; limitations.
(1) Every license issued without payment of the usual tax shall be stamped "Tax-Exempt" upon its face. (2) Any license issued as tax-exempt shall be subject to suspension and revocation by the Collector in the event that it is determined by the Collector that the applicant is not entitled to exemption. All such suspensions and revocations shall be made after notice and right to a hearing pursuant to this chapter. (3) Any license issued as tax-exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in the application, statement of facts or any other document or representation made to the Collector in claiming the exemption is false or fraudulent. (4) No tax-exempt license may be transferred or loaned. (5) Upon uncertainty, for lack of information or otherwise, as to the entitlement of any organization or activity to a tax-exempt license, the Collector may require the filing of a verified report of all funds received and disbursed by any licensee. Upon demand such licensee shall file said report in the form and detail as required by the Collector.
(§ 1, Ord. 01-93, eff. April 15, 1993)

Agenda Item 24

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Harter Estates North - Reimbursement Agreement Recommendation: Adopt a Resolution approving the execution of a Reimbursement Agreement with D.R. Horton CA2, Inc., a California corporation, for public improvements associated with the Harter Estates North Subdivision
Fiscal Impact: Costs and reimbursements in accordance with proposed Reimbursement Agreement
Purpose:

To facilitate the timely construction of certain public improvements associated with the Harter Estates North development.

Council’s Strategic Goal:

This item supports multiple Council strategic goals as the development provides for new infrastructure in a fiscally responsible and business friendly manner.

Background:

The Harter Specific Plan area is located on the north side of Highway 20, situated both east and west of Harter Parkway and south of Butte House Road.

The City previously entered into a Development Agreement with Harter Packing Company, LLC (Harter) and Brown Yuba City, LLC (Brown) for the Harter Specific Plan – Yuba City Marketplace, which was recorded on December 10, 2004 in the Sutter County Official Records as Document Number 2004- 0034180. Brown completed development of its portion of the property and in March 2015 dissolved, filing a notice of cancellation with the California Secretary of State and leaving Harter as the remaining party responsible for developer obligations under the development agreement.

On August 5, 2008, the City entered into a First Amendent to the Development Agreement with Harter which addressed construction of the required park and a phased implementation schedule of the Development Impact Fees for the plan area.

On June 15, 2021, the City entered into a Second Amendment to the Development Agreement with Harter, which, in part, created updated credit and reimbursement requirements for certain public

infrastructure improvements Harter would have to construct as part of future development.

Harter subsequently sold the Harter Estates North property to D.R. Horton CA2, Inc. (Developer) located on the west side of the Harter Specific Plan area adjacent to Butte House Road (Attachment 2).

On June 4, 2024, Council approved the Harter Estates North Subdivision Agreement and Final Map, subdividing 14.53 acres into 73 single family residential parcels.

Analysis:

Developer is currently developing Harter Estates North (the Project), including, as a condition of development, the construction of the following public facilities and improvements that will serve the Project and other areas of the City:
• Butte House Road – Roadway, drainage, and utility relocations • Harter Parkway – Roadway and water
• South Elmer Road (onsite) – City master plan sewer
These facilities would otherwise be funded by impact fees, such as Development Impact Fees and Harter Specific Plan Fees, some of which have not been collected yet. Further, some of these facilities are not included in the reimbursement schedules in either the Second Amendment to the Development Agreement or the Subdivision Agreement. Staff and the Developer therefore desire to enter into a Reimbursement Agreement (Attachment 1) to formally document applicable credits and reimbursements for Developer’s construction of improvements that not only benefit the Project, but other areas of the City as well.

The Developer has furnished to the City improvement securities, including performance security and payment security pursuant to the Subdivision Agreement, inclusive of these public facilities and improvements.

Fiscal Impact:

Costs and reimbursements for the public improvements are specified through the proposed Reimbursement Agreement.

The Developer will pay City impact fees and Harter Specific Plan fees when applying for Building Permits to construct the 73 residential units included in this Project. These fees will be reduced by the cost to construct the public improvements described in the Reimbursement Agreement. However, in the case of the 18-inch diameter onsite sewer main that the Developer constructed, the construction cost exceeds the sewer impact fees that will be collected. So additional sewer impact fees collected from other sewer connections will be necessary to compensate the Developer. The Harter South subdivision, recently constructed by the Developer, contributed sufficient sewer connection fees to fund this reimbursement. Additionally, the City sets aside 10% of impact fees collected for the purposes of providing such reimbursement. These fees are received in Revenue Fund 527, which has an unreserved balance of over $1.5 million.

Alternatives:

Delay or modify the recommended actions of approving a Reimbursement Agreement for Harter Estates North.

Recommendation:

Adopt a Resolution approving the execution of a Reimbursement Agreement with D.R. Horton CA2,

Inc., a California corporation, for public improvements associated with the Harter Estates North Subdivision.

Attachments:

1. Resolution

2. Location Map
Prepared By: Submitted By:

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

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A REIMBURSEMENT AGREEMENT WITH D.R. HORTON CA2, INC., A

CALIFORNIA CORPORATION, FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH THE

HARTER ESTATES NORTH SUBDIVISION
WHEREAS, on June 15, 2021, the City entered into a Second Amendment to the Development Agreement for the Harter Specific Plan – Yuba City Marketplace, which was originally recorded on December 10, 2004 in the Sutter County Official Records as Document Number 2004- 0034180; and
WHEREAS, the developer identified in the Second Amendment to the Development Agreement subsequently sold the Harter Estates North property to D.R. Horton CA2, Inc., a California Corporation (Developer); and
WHEREAS, on June 4, 2024, Council approved the Harter Estates North Subdivision Agreement and Final Map, subdividing 14.53 acres into 73 single family residential parcels; and WHEREAS, Developer is developing Harter Estates North (the Project), including, as a condition of approval, constructing public facilities and improvements that will serve the Project and other areas of the City; and
WHEREAS, the public facilities and improvements included in the Project would otherwise be funded by impact fees, such as Development Impact Fees and Harter Specific Plan Fees, some of which have not been collected yet; and
WHEREAS, some of the public facilities and improvements are not included in the reimbursement schedules in either the Second Amendment to the Development Agreement or the Harter Estates North Subdivision Agreement; and
WHEREAS, City staff and the Developer desire to enter into a Reimbursement Agreement (Exhibit A) to formally document applicable credits and reimbursements for Developer’s construction of improvements that not only benefit the Project, but other areas of the City as well; and
WHEREAS, the Developer has furnished to the City improvement securities, including performance security and payment security pursuant to the Harter Estates North Subdivision Agreement, inclusive of the public facilities and improvements that serve both the Project and other areas of the City.

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

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

2. The City Council does hereby approve the Reimbursement Agreement, attached to this Resolution as Exhibit A, as to its material terms with the finding it is in the best interest of the City. The City Manager is authorized to execute the same, and make any non-material amendments to the Reimbursement Agreement, all subject to review and approval as to legal form by the City Attorney.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of November, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Reimbursement Agreement

EXHIBIT “A”

1 HARTER ESTATES NORTH CREDIT AND REIMBURSEMENT AGREEMENT

HARTER SPECIFIC PLAN
This REIMBURSEMENT AGREEMENT ("Agreement") is entered into this 19th day of November 2024, by and between the CITY OF YUBA CITY, a California municipal corporation ("City"), and DR Horton ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties".

RECITALS
WHEREAS, Developer is developing Harter Estates North (“Project”), which is located on the property described in Exhibit “A” hereto, including public facilities and improvements that will serve the Project and other areas of the City;
WHEREAS, Developer is required, as a condition of development of the Project to construct or cause to be constructed the public facilities and improvements described in Exhibit “B” hereto, and shown in Exhibit “C”, which are included within the improvement plans titled Grading and Improvement Plans for Harter Estates North, dated February 29, 2024, Building Permit BLD22-01594, issued April 12, 2024 (the “Facilities”); WHEREAS, on July 2, 1990, the City Council adopted Ordinance No. 1100 which created and established authority for imposing and charging a Development Impact Fee within the City (“Fee Program”);
WHEREAS, on October 16, 2007, the City Council adopted Resolution No. 07-101 amending Resolution No. 04-129 establishing a Development Impact Fee for all developments within the City (“Impact Fees”);
WHEREAS, the City and Developer have entered into a Development Agreement dated November 2, 2004 and First Amendment to the Development Agreement dated August 5, 2008, and a Second Amendment to the Development Agreement dated June 15, 2021 (“Development Agreement”); and
WHEREAS, the Development Agreement dated June 15, 2021 included an updated Public Facilities Finance Plan, which outlined the Specific Plan Impact Fees (“Harter Plan Fees”) for all developments within the Harter Specific Master Plan area; WHEREAS, the Facilities described in Exhibit “B” would otherwise be funded by Impact Fees (Development Impact Fees and Harter Plan Fees); and WHEREAS, City has agreed to allow Developer to execute a contract to design and construct the Facilities;
WHEREAS, the City and Developer acknowledge that Developer has furnished to the City improvement securities including performance security and payment security pursuant to Section 7 of the Subdivision Agreement Final Map of Harter Estates North Subdivision (Regarding Tentative Map No. 19-01, Harter Estates North Subdivision) (“Subdivision Agreement”) recorded in Official Records, County of Sutter, on July 8, 2024, Instrument No. 2024-0005748 (Bond No. K41847578) (“Required Securities”). The Parties also acknowledge the Required Security in the amount of $5,536,345.10 is for improvements required in the

2 Subdivision Agreement, and is inclusive of the public facilities and improvements described in Exhibit “B” hereto, and shown in Exhibit “C”, which are included within the Facilities. Therefore, the City agrees that the Required Security furnished to the City pursuant to the Subdivision Agreement satisfies the security under this Agreement;
WHEREAS, City and Developer desire to enter into an agreement to provide for allowable credits and reimbursements by the City to Developer for certain costs of design and construction of the Facilities in recognition of the benefit of these improvements to future development and the City; and
WHEREAS, City and Developer have agreed to allow apportionment of credits based on the estimated costs identified in Exhibit “D” hereto.

AGREEMENT
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows:

1.0 Incorporation of Recitals and Exhibits. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. All attachments to this Agreement as Exhibits are incorporated into this Agreement by this reference.

2.0 Construction of Facilities. Developer shall construct or cause to be constructed, at its own cost and expense, the Facilities in accordance with plans and specifications which will be prepared by or on behalf of Developer and approved by City. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Facilities.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Facilities until all plans and specifications for the Facilities, which include complete plans, specifications, and a storm water pollution prevention plan (if applicable) (collectively "Plans and Specifications") have been submitted to and approved by City. Upon submittal of a complete Plans and Specifications packet by the Developer to the City for review and approval, the City shall have thirty (30) days to review and approve, conditionally approve, or reject with specific comments to correct, the Plans and Specifications.

2.2 Bids. Developer shall obtain a minimum of three (3) bids for any portion of the work necessary to complete the Facilities consistent with the approved Plans and Specifications. Notwithstanding, if Developer sought but is unable to obtain a minimum of three bids due to market conditions, then upon a showing of the same to the Director of Public Works (“Director”) the Director has discretion to provide written authorization to Developer for a lesser number of bids.

Solicitation of bids by Developer shall include the requirement that i) all contractors performing work on the Facilities must maintain and provide proof of insurance coverage throughout the term of the construction of the Facilities consistent with Section 13 of this Agreement; and ii) all persons must comply with federal, State, and local laws as may be applicable. Absent express written approval by the Director of Public Works for unusual circumstances, Developer shall

3 select the lowest responsive and responsible bidder for the contract or contracts for construction of the Facilities.

2.3 Determination of Fee Credits, Reimbursement, and Security Amounts.

After selection of the bidder and prior to commencing work on the Facilities, Developer shall submit to the Director all materials and information required by the City to make a determination of anticipated fee credits and eligible cost reimbursements per Section 13. The City’s determination of said fee credits and eligible cost reimbursements shall then be attached consistent with Exhibit “D” to this Agreement.

2.4 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Facilities and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

2.5 Compliance with Plans and Specifications. The Facilities shall be completed in substantial conformance with the Plans and Specifications approved by City, as may be amended from time to time, pursuant to the terms of this Agreement.

2.6 Compliance with Law. Developer shall comply with all applicable federal, state, or local law, ordinance, regulation, or code and require the same of any contractor performing work on the Facilities.

2.7 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the Facilities in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.8 Alterations to Facilities. All work shall be done and the Facilities completed in substantial conformance with the Plans and Specifications, and any subsequent material alterations thereto mutually agreed upon by City and Developer in writing. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. Said written notice shall include a draft contract change order with the supporting information that shows or describes the specific proposed revision(s) to the Plans and Specifications, the monetary impact, scheduling impact, and any other information requested by City. After receipt of such written notice, the City shall approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed.

Any and all alterations in the Plans and Specifications and the Facilities to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

3.0 Maintenance of Facilities. When Developer considers the Facilities to be complete, including all items on the punch list and administrative items, Developer shall notify City in writing. Upon receipt of the notification, City will perform an inspection to determine if the

4 Facilities and administrative requirements are sufficiently complete in accordance with the Plans and Specifications so City can occupy or utilize the Facilities for their intended use. If items are found which prevent such use, City shall notify the Developer in writing of such items. City shall not be responsible or liable for the maintenance or care of the Facilities until City approves and accepts, which approval and acceptances as noted herein shall not be unreasonably withheld, conditioned or delayed. City shall exercise no control over the Facilities until accepted. Any use by any person of the Facilities, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Facilities.

Developer shall maintain all of the Facilities in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Facilities or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees and/or agents.

4.0 Fees and Charges. Developer shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of the construction of the Facilities, including, but not limited to, all plan check, design review, engineering, inspection, permit, sewer connection fees, water connection fees, and other service or impact fees established by City.

5.0 City Inspection of Facilities. Developer shall, at its sole cost and expense, and at all times during construction of the Facilities, provide safe access for inspection by City of the Facilities and areas where construction of the Facilities is occurring or will occur.

6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code with respect to the Facilities, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the Facilities, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security reasonably acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property, consistent with the requirements of State law.

7.0 Acceptance of Facilities; As-Built or Record Drawings. If the Facilities are completed by Developer in substantial conformance with the Plans and Specifications as determined by City, City shall accept the Facilities within thirty (30) days of receiving written notice (which notice may be by email, if receipt of the email is requested to be, and is acknowledged by, City) from Developer that the Facilities (or any portion thereof) have been completed in substantial conformance with the approved Plans and Specifications and providing one (1) set of as-built plans to City. City may, in its reasonable discretion, accept fully completed portions of the Facilities prior to such time as all of the Facilities are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Facilities.

Upon the total or partial acceptance of the Facilities by City, Developer shall file with the Recorder’s Office of the County of Sutter a notice of completion for the accepted Facilities in accordance with California Civil Code section 9204 ("Notice of Completion"), at which time the

5 accepted Facilities shall become the sole and exclusive property of City without any payment therefor and the City shall become responsible for the maintenance of the accepted Facilities.

Notwithstanding the foregoing, City may not accept any Facilities unless and until Developer provides one (1) set of "as-built" or record drawings or plans to the City for all such Facilities.

The drawings shall be certified and shall reflect the condition of the Facilities as constructed, with all changes incorporated therein.

8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the Facilities against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Facilities, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Facilities, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost and expense of Developer and its surety. As to any Facilities which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City acceptance of the repaired, replaced, or reconstructed Facilities. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

9.0 Administrative Costs. If Developer fails to construct and install all or any part of the Facilities, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10.0 Default; Notice; Remedies.

10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice").

Developer shall substantially commence the work required to remedy the default or violation within five (5) days of receiving the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Facilities and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.

10.2 Failure to Remedy; City/County Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 10.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety,

6 without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Facilities, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

10.3 Other Remedies. No action by City pursuant to this Section 10.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies, and City may institute an action for actual damages (excluding consequential, special or punitive damages), injunctive relief, or specific performance.

11.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, directly attributable to and caused solely and exclusively by the gross negligence or willful misconduct of Developer in connection with Developer’s performance of this Agreement ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

Developer’s duty to defend, indemnify, and hold harmless City shall extend through, and conclude upon, the last day of the Warranty period. Notwithstanding, Developer and City acknowledge that nothing in this Section prohibits or otherwise precludes City from seeking equitable or legal relief from Developer as may authorized by law, including those arising from construction defects. This Section shall survive the expiration or termination of this Agreement.

12.0 Insurance.

12.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

12.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

12.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

7 12.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

12.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Facilities, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Facilities. Such insurance shall be endorsed to include contractual liability.

12.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City in its reasonable discretion. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

12.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City, its elected officials, officers, employees, and agents as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

12.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The general liability, business automotive liability, and worker’s compensation policies shall provide that the insurance company waives all right of recovery by way of subrogation or contribution against City in connection with any damage or harm covered by such policy.

12.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

8 12.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least "A" and FSC-VIII.

13.0 Fees Credit and Eligible Costs Reimbursement.

13.1 Allowable Credit. The City shall credit the Developer for all amounts spent, or authorized to be spent, in connection with the design, acquisition and development of the Facilities including, the costs of land if eligible, construction and inspection, engineering, and consulting fees (“Costs”) associated with construction of the Facilities, up to an amount not to exceed $1,848,995 (Programmed Costs”) as shown in Exhibit “D”, except as otherwise set forth in Section 13.4 below.

13.2 Limitation on Fee Credits. Notwithstanding Section 13.1 above, for any particular type of facility (i.e. sewer, water, roadways, drainage and parks), the amount of fee credits granted to Developer for that type of facility pursuant to this Agreement shall not exceed the fee obligation due from the Developer for that facility type. If the amount of credit from Section 13.1 for a particular facility type exceeds the fee obligation for the Developer for that facility type, the remaining balance shall be paid as a reimbursement to Developer pursuant to the procedures set forth in Section 13.3 below, unless Developer requests that all or a portion of the reimbursements be designated as credits to be assigned per Section 13.6 below to other properties. The fee obligation and fee credits are shown in Exhibit “D”.

13.3 Reimbursements. If Developer is owed a reimbursement for any costs of the Facilities, the priority of such reimbursement shall be based on the execution date of the Credit/Reimbursement Agreement, with first in time receiving first reimbursement. The City shall set aside 10% of Impact Fees received from future development to pay reimbursements as it collects fee revenues within the Fee Program. Such payments shall be made by the City annually as funds become available. The fee reimbursements are shown in Exhibit “D”.

Notwithstanding the foregoing, the obligation arising from this Agreement is not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, revenues, and is payable only from the development fees collected for the applicable development impact fee type (ie. roadway, water, sewer, utility, and Harter Specific Plan fee).

13.4 Application of Fee Credit. Fee credits provided pursuant to this Agreement shall be applied to the Project at building permit consistent with City policy. Based on the type of Facilities covered by this Agreement, such fee credits shall only apply to the applicable development impact fee type (ie. roadway, water, sewer, utility, and Harter Specific Plan fee).

13.5 Index. Fee credits or reimbursements shall be adjusted based on the approved index within the Fee Program. Any changes to the approved Fee Program index shall also apply to the fee credits or reimbursements secured by this Agreement.

13.6 Transfer of Fee Credits. Fee credits granted to Developer pursuant to this Agreement may be transferred to other owners, builders, or developers for development within the City, pursuant to City Council approval. To effect such a transfer, Developer shall submit a written request to the Director that will (i) reference this Agreement; (ii) identify the Developer and assignee if credits are being assigned to a builder or other party; (iii) identify the number of lots or property against which the credits will be applied; (iv) identify the fee credit

9 balance before and after the transfer; and (v) include a map or other method that is acceptable to the City that identifies the lots or parcels against which the fee credits will be applied. The request for transfer of fee credits will be brought before the City Council for approval. If the City Council approves the fee credit transfer, an executed copy of the approved form shall be kept on file at the City. If the City Council denies the request for a transfer of fee credits, then Section 13.3 shall apply.

14.0 Indemnification of Liability for City-Related Performance Delays. The Developer acknowledges that certain delays may occur due to factors outside the City’s or Developer’s control, including but not limited to delays related to construction of infrastructure performed by the City, permitting, inspections, utility relocation, or any other work performed by the City or others required for the installation of any City required facilities. The Developer agrees the City shall not be held liable for any delays.

Any such delays shall not be construed as a default by the City under this Agreement, nor shall they be grounds for withholding, reducing, or delaying any reimbursements, credits, or compensation owed to the City pursuant to this Agreement. The City agrees that any Developer project timelines, milestones, or deadlines affected by City-related work delays shall be reasonably extended to accommodate such delays without penalty to the Developer.

15.0 Miscellaneous.

15.1 Assignment. Developer may assign all or a portion of its rights and obligations pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer and such purchaser and assignee ("Assignee") shall provide to City such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property, provided that City hereby agrees that a copy of the deed or conveyance document shall be sufficient proof. Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assignment and assumption agreement in the form attached hereto as Exhibit "F".

15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

15.3 Force Majeure. If the performance of any act required of City or Developer is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Party required to perform an act, that Party shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event City or Developer claims the existence of such a delay, the Party claiming the delay shall notify the other Party in writing of that fact within ten (10) days after the beginning of any such claimed delay.

15.4 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

10 15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

If to City: City of Yuba City
Attn: Public Works and Development Services Director
1201 Civic Center Boulevard
Yuba City, CA 95993
Telephone: (530) 822-4626
Facsimile: (530) 822-4694
If to Developer: Dr Horton
Attn: Bonnie Chiu
3000 Lava Ridge Ct. Suite 130
Roseville, CA 95661
Telephone: (916) 317-5525
Depending upon the method of transmittal, notice shall be deemed received as follows: by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless otherwise expressly noted as business days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

11 15.12 Approval and Consent. Where the consent or approval of a party is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld, conditioned or delayed.

15.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.14 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Sutter, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

15.15 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.17 Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer. [SIGNATURES OF PARTIES ON NEXT PAGE]

12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER:

Dr Horton
By:

Bonnie Chiu, Vice President
CITY:

City of Yuba City, a California municipal
corporation
By:

Diana Langley, City Manager
ATTEST:
______________________________,
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
_____________________________
Shannon Chaffin, City Attorney

13 EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
Harter Estates North Final Map, Recorded July 8, 2024
Recording No. 2024-0005749
[ATTACHED BEHIND THIS PAGE]

14

15

16

17 EXHIBIT "B"

DESCRIPTION OF FACILITIES
[ATTACHED BEHIND THIS PAGE]

18 EXHIBIT "C"

MAP OF FACILITIES
[ATTACHED BEHIND THIS PAGE]

19

20 EXHIBIT "D"

ESTIMATED COSTS,

FEE CREDITS, AND ELIGIBLE COST REIMBURSEMENTS
[ATTACHED BEHIND THIS PAGE]

21

22 EXHIBIT "E"

ASSIGNMENT AND ASSUMPTION AGREEMENT
[ATTACHED BEHIND THIS PAGE]

23 ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made as of the ______ day of _____________, ______ by: (i) ________________, a ________________ ("Assignor"), and (ii) __________________________________, a _________________________ ("Assignee").

RECITALS
A. Concurrently with the execution and delivery hereof, pursuant to a certain Agreement of Purchase and Sale dated ________, __________ (the "Purchase Agreement") between Assignor and Assignee, Assignor is conveying to Assignee all of Assignor’s right, title and interest in and to the real property described on Exhibit A attached hereto and made a part hereof (the "Property").

B. It is the desire of Assignor to hereby sell, assign, transfer, convey, set-over and deliver to Assignee all of Assignor’s right, title and interest in and to that certain Improvement Credit / Reimbursement Agreement between Assignor, as Developer, and the City of Yuba City, a California municipal corporation, dated as of _____________, 20__ (the "Agreement").

AGREEMENT

1. Subject to the terms of the Purchase Agreement, Assignor does hereby sell, assign, transfer, set-over and deliver unto Assignee, its successors and assigns, all right, title and interest of Assignor in and to the Agreement.

2. Assignee accepts the foregoing assignment and assumes and agrees to be bound by and to perform and observe all of the obligations, covenants, terms and conditions to be performed or observed under the Agreement arising on or after the date hereof. Assignee further agrees to indemnify Assignor and hold Assignor harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including, without limitation, attorneys’ fees and expenses) asserted against or incurred by Assignor by reason of or arising out of any failure by Assignee to perform or observe the obligations, covenants, terms and conditions assumed by Assignee hereunder arising in connection with the Agreement and related to the period on or after the date hereof.

3. This Assignment may be executed in two or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Assignment.

24 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption to be executed as of the date first written above.

Assignor:
__________________________
By: ______________________________
Name: ____________________________
Its: _______________________________
Assignee:

By:

Name:

Title:

ATTACHMENT 2

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Location Map: Harter North Estates
Tentative Subdivision Map 19-01
Harter Estates
North
1 inch = 300 feet

Agenda Item 25

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Senior Engineer
Summary
Subject: Traffic Calming Pilot Project - Sanborn Road at McCune Drive Recommendation: Adopt a Resolution approving the design of the temporary roundabout on Sanborn Road and McCune Drive in Yuba City as shown in the exhibit, approving the installation of a temporary roundabout on Sanborn Road and McCune Avenue in Yuba City.

Fiscal Impact: Engineer’s Estimate $10,000 – Account No. 3130-63662 (Streets Maintenance - Operations & Maintenance: Signs)
Purpose:

To calm area traffic along Sanborn Road, between Cherry Street and Lincoln Road, through a temporary roundabout installation pilot project.

Council Strategic Goal:

This project addresses the City Council's Strategic Goal of Public Safety and improves the City’s quality of life as calming traffic in a residential area will allow residents, pedestrians, and cyclists to feel safer.

Background:

Sanborn Road is classified as a major collector roadway, which runs north-to-south from Cherry Street to south of Bogue Road, in southwestern Yuba City. A major collector roadway is defined as a roadway which gathers traffic from local (residential) roadways, and funnels them into larger arterial roadways like Lincoln and Franklin Road. Collector roadways often experience higher speeds due to the nature of their traffic use, which can be problematic when said collector has houses fronting the roadway.

Engineering staff has received numerous complaints about speeding, reckless driving, and accidents along Sanborn Road and in the immediately surrounding area.

Analysis:

In August 2024, Engineering staff met with concerned residents that live along the section of Sanborn Road, north of Lincoln Road, and representatives from Sutter County. Staff discussed various options for traffic calming and enforcement with the residents. Through the discussion, it was determined that residents would be open to a pilot project, in which City staff would install a temporary roundabout consisting of striping modifications, installation of retro-reflective delineators, and other traffic control

devices at the intersection of Sanborn Road and McCune Avenue. The proposed pilot project layout is shown in Exhibit A to the attached Resolution and would continue to facilitate emergency vehicle access and turning movements. All items utilized for the proposed project are easily removable, should the roundabout not perform as desired.

Staff believes that this temporary roundabout will lower traffic speeds, while also preventing dangerous high-speed turning movements which have caused accidents at the intersection. The City's Streets Division will install the proposed improvements in house. City staff will be able to obtain traffic data, including speed and accident history collected before and after the installation of the pilot project to provide accurate data for consideration as to permanently install and apply for funding opportunities.

If the pilot project is determined to be successful, staff will work towards creating a permanent roundabout at the location. Staff estimates that the installation of a permanent roundabout at this location would be approximately $80,000. To fund the permanent project, staff will pursue grant funding and development mitigation opportunities to help minimize the City's share of costs.

If the pilot project is determined to be unsuccessful, staff will remove all temporary equipment and further analyze the roadway for alternative traffic calming opportunities including the application of stop signs.

Fiscal Impact:

Staff estimates that the total cost for purchasing and installing the equipment will be approximately $10,000. Funding for the project will be drawn from Street Maintenance Account No. 3130-63662 (Operations & Maintenance: Signs) which currently has a balance of approximately $20,000.

Alternatives:

1. No action until a funding source is secured for implementation.

2. Implementation of Stop Signs. An All Way Stop Warrant Analysis was performed for the intersection, with the location meeting minimum warrant criteria based on accident history.

Installation of an all way stop may not effectively address the traffic calming issues and lead to enforcement needs.

Reccomendation:

Adopt a Resolution approving the design of the temporary roundabout on Sanborn Road and McCune Drive in Yuba City as shown in the exhibit, approving the installation of a temporary roundabout on Sanborn Road and McCune Avenue in Yuba City.

Attachments:

1. Attachment 1 - Resolution Sanborn Road Temp Roundabout

2. Exhibit A - Project Exhibit
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING THE DESIGN OF THE TEMPORARY ROUNDABOUT ON
SANBORN ROAD AND McCUNE AVENUE IN YUBA CITY AS SHOWN

IN THE EXHIBIT AND APPROVING THE INSTALLATION OF A

TEMPORARY ROUNDABOUT
WHEREAS, the Public Works Director recommends installing a temporary roundabout and related components at the intersection of McCune Avenue and Sanborn Road; and, WHEREAS, it has been determined by the City Council that such provisions are in the public interest.

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

Section 1. The proposed design of the temporary roundabout at Sanborn Road and McCune Avenue, attached hereto as “Exhibit A”, is hereby approved by the City Council of Yuba City.

Section 2. The Public Works Department is hereby authorized and directed to install a temporary roundabout and related components at the intersection of McCune Avenue and Sanborn Road.

Section 2. This resolution shall take effect immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of November, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

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

Exhibit A – Project Exhibit

EXHIBIT A

CITY OF YUBA CITY SANBORN ROAD TRAFFIC CALMING MINI ROUNDABOUT AT McCUNE AVENUE SCALE: 1" = 40' SCALE: 1" = 16' RETRO-REFLECTIVE SAND BARRELS 14' 11' 11' NO PARKING RED PAINTED CURB BEFORE AND AFTER MINI ROUNDABOUT DELINEATORS TO GUIDE VEHICLES THROUGH MINI ROUNDABOUT RUBBER BUMPER AND 4' DELINEATORS FOR CENTRAL ISLAND NO PARKING RED PAINTED CURB BEFORE AND AFTER MINI ROUNDABOUT 11' 728 SANBORN RD
752 SANBORN RD
767 SANBORN RD 725 SANBORN RD Feet 0 16 32 Feet 0 40 80 PAINT OVER EXISTING CENTERLINE PAINT OVER EXISTING CENTERLINE

Agenda Item 26

CITY OF YUBA CITY

STAFF REPORT
Date: November 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: 2025 City Council Meeting Calendar
Recommendation: Cancel the January 7, 2025 Regular City Council Meeting, approve the 2025 City Council Meeting Calendar, and provide for Special Workshops to be scheduled as needed
Fiscal Impact: None
Purpose:

To establish the City Council Meeting Calendar for 2025 Background:

The Yuba City Municipal Code Section 2-1.01 sets the Regular Meetings of the City Council to occur on the first and third Tuesday of each month at 6:00 p.m. (5:00 p.m. for any Closed Session items) in the Council Chambers. Special Meetings or Workshops may be called at any time by the Mayor or by a majority of the members of the Council.

In order to allow the City Council to determine their schedules in advance and to allow staff to prepare for meetings and workshops more efficiently, it is proposed that Council approve a Regular Council Meeting Calendar for 2025. The proposed calendar is attached for your reference.

Analysis:

There are no scheduling conflicts with holidays and City Council Meetings in 2025. However, staff recommends that the following meeting be canceled:

January 7, 2025
City Hall offices are typically closed the last week in December for approved Holiday Closure, the time during which the agenda preparation usually occurs. For this reason, the first meeting in January has been canceled.

Special meetings and workshops will be scheduled as needed. At this point, the following Workshops are proposed for the 2025 meeting schedule:

January 29, 2025 – Goal Setting Workshop
Discuss 2025 Goals & Priorities with Staff
May 27, 2025 – Budget Study Workshop
Discuss Fiscal Year 2025-2026 Budget Planning and Projections Other Considerations:

May 3-7, 2025 - Cap to Cap
The annual Cap-to-Cap conference is May 3-7, 2025. With this in mind, the Council should consider whether a quorum will be available for the meeting on May 6, 2025 and advise staff whether this meeting should remain on the schedule.

Alternatives:

Regular meetings are set by the Municipal Code, however if needed, meetings can be canceled by the Council with sufficient notice, and special meetings can be scheduled as needed.

Fiscal Impact:

No fiscal impact
Recommendation:

Cancel the January 7, 2025 Regular City Council Meeting, approve the 2025 City Council Meeting Calendar, and provide for Special Workshops to be scheduled as needed.

Attachments:

1. 2025 Calendar at a Glance (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

Council Meeting
Special Meeting/Workshop
Holiday/City Hall Closure
2025 AT A GLANCE
City Council Meeting Calendar

JANUARY

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

FEBRUARY

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
MARCH

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
APRIL

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
MAY

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
JUNE

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
JULY

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
AUGUST

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 SEPTEMBER

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30

OCTOBER

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

NOVEMBER

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 DECEMBER

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31

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