Yuba City City Council
February 18, 2025

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
FEBRUARY 18, 2025

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND CITY COUNCIL

CITY COUNCIL

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

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

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

AGENDA

REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY AND CITY COUNCIL

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 18, 2025
5:30 P.M. CLOSED SESSION

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

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

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link: https://yubacity-net.zoom.us/webinar/register/WN_X44Qo6fHTWe5jLrtkytmlw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the Successor Agency to the Redevelopment Agency and City Council prior to the meeting.

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

Public Comment:

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

Closed Session
A. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957)
Title: City Manager
B. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957)
Title: Interim City Manager
C. Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: David Shaw and Marc Boomgaarden Employee: Interim City Manager
Regular Meeting

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

1. Sutter Animal Services Authority - Presentation

2. Sacramento Area Council of Governments - Blueprint Presentation

3. Receive 35th Anniversary Gift from Toride, Japan - Yuba City's Sister City Public Communication

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

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

5. Minutes of the January 21, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council, Minutes of the January 29, 2025 City Council Goals and Priorities Workshop, Minutes of the January 29, 2025 City Council Special Meeting Closed Session, Minutes of the February 4, 2025 Special Meeting of the City Council, Minutes of the February 4, 2025 Regular Meeting of the City Council, and Minutes of the February 12, 2025 City Council Special Meeting Closed Session
Recommendation: Approve the Minutes of the January 21, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council, Minutes of the January 29, 2025 City Council Goals and Priorities Workshop, Minutes of the January 29, 2025 City Council Special Meeting Closed Session, Minutes of the
February 4, 2025 Special Meeting of the City Council, Minutes of the February 4, 2025 Regular Meeting of the City Council, and

Minutes of the February 12, 2025 City Council Special Meeting Closed Session

6. Microsoft Enterprise License Agreement Software Renewal Recommendation: Adopt a Resolution authorizing the City Manager to enter into a 3-year agreement with SHI International Corp. of Somerset, New Jersey for the purchase of Microsoft software and cloud services utilizing the County of Riverside Microsoft Enterprise License Agreement in the amount of $139,504.93 per year with the finding it is in the best interest of the City

7. Design Immunity Ordinance Update
Recommendation: Adopt by title only an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-

12.01, to the Yuba City Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the second reading

8. Planning Commission Membership
Recommendation: A. Adopt by title only an Ordinance of the City Council of the City of Yuba City repealing and replacing Sections 8-1.01 and 8-

1.02 of Title 8, Chapter 1 of the Municipal Code regarding the Planning Commission membership and organization, and waive the second reading; and
B. Adopt a Resolution of the City Council of the City of Yuba City to remove and reappoint City Planning Commissioners on an interim basis until new District Planning Commissioners are established by the City Council

9. Water System Consolidation - Wildewood East Mutual Water Company Recommendation: Adopt a Resolution authorizing the Public Works Director to sign and file a grant application for a financing agreement with the State Water Resources Control Board for the construction of the Wildwood East Mutual Water Company Water Consolidation
Project

10. Permanent Local Housing Allocation (PLHA) – Subrecipient Agreements Recommendation: Adopt a Resolution approving two (2) subrecipient agreements for the City’s 2020 Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and
Community Development (HCD), and;
A. Authorize the City Manager to execute the approved
agreements, and;
B. Authorize the Finance Director to make a supplemental appropriation of $718,893.67 to account 208-43495 to receive grant funds, a supplemental appropriation of $694,713.32 to account 6048-65305 for program expenditures, and a
supplemental appropriation of $39,737.35 to transfer funds for administrative costs to accounts 6048-Z69990 and 100-69980

11. Landscape Maintenance Agreement - 728 Colusa Avenue (Southeast corner of State Route 20 and Clark Avenue)
Recommendation: Adopt a Resolution which makes the following actions:

A. Adopts a finding of Class 1 Categorical Exemtion for the project per CEQA Guidelines Section 15301 (Existing Facilities) B. Authorizes the execution of a Landscape Maintenance
Agreement with the State of California for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue
C. Authorizes the execution of a Landscape Maintenance
Agreement with the property owner of 728 Colusa Avenue, Clark and 20 Development, LP, for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue

12. 2025 Water Rate Update
Recommendation: Adopt a Resolution approving the rates for water services at the 2016 Proposition 218 approved limits, until superseded by additional Council action

13. Classification and Compensation Study - Contract Amendment Recommendation: Adopt a Resolution approving Amendment No. 1 to the Professional Services Agreement with Koff & Associate, now a division of Gallagher Benefit Services, to conclude the classification and compensation study, and authorize the City Manager to execute the amendment following approval as to form by the City Attorney, with the finding that it is in the best interest of the City
Business Items

14. Sale and Transfer of Carryover Water Supply to San Gorgonio Pass Water Agency
Recommendation: A. Authorize the sale and transfer of up to 3,000 acre feet of carryover water to San Gorgonio Pass Water Agency
B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, and determination per CEQA Guidelines Sections 15282(u) (Temporary Changes in Point of Diversion), Water Code Section 1729 (Temporary Change Exemption),
Section 15301 (Existing Facilities), and Section 15061(b)(3) (Common Sense Exemption), subject to approval as to legal form by the City Attorney or water counsel

C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents with the Department of Water Resources associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, subject to approval as to legal form by the City Attorney or

water counsel
D. Authorize the Finance Director to deposit the revenue acquired by the sale and transfer of carryover water supply to San Gorgonio Pass Water Agency into Revenue Account No. 507-49010 (Water Operating – Other Revenue)

15. FY 2024/25 Proposed Budget Reduction Measures
Recommendation: Adopt a Resolution approving the FY 2024/25 proposed budget reduction measures and corresponding service modifications Future Agenda Items

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

17. City Manager's Report

18. City Council Reports
Adjournment

Sutter Animal Services Authority
Presentation by:

Megan Anderson
Animal Services Manager

Sacramento Area Council of Governments
Blueprint Presentation

Receive 35th Anniversary Gift from
Toride City, Japan
Yuba City’s Sister City

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

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

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

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

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

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

Jackie Sillman, City Clerk
[email protected]

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: Minutes of the January 21, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council, Minutes of the January 29, 2025 City Council Goals and Priorities Workshop, Minutes of the January 29, 2025 City Council Special Meeting Closed Session, Minutes of the February 4, 2025 Special Meeting of the City Council, Minutes of the February 4, 2025 Regular Meeting of the City Council, and Minutes of the February 12, 2025 City Council Special Meeting Closed Session
Recommendation: Approve the Minutes of the January 21, 2025 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council, Minutes of the January 29, 2025 City Council Goals and Priorities Workshop, Minutes of the January 29, 2025 City Council Special Meeting Closed Session, Minutes of the February 4, 2025 Special Meeting of the City Council, Minutes of the February 4, 2025 Regular Meeting of the City Council, and Minutes of the February 12, 2025 City Council Special Meeting Closed Session
Fiscal Impact:

Attachments:

1. 01-21-2025 Regular Meeting Minutes

2. 01-29-2025 Special Meeting Minutes 1 (Goal Setting Workshop)

3. 01-29-2025 Special Meeting Minutes 2 (Closed Session)

4. 02-04-2025 Special Meeting Minutes (Lincoln Elementary School)

5. 02-04-2025 Regular Meeting Minutes

6. 02-12-2025 Special Meeting Minutes (Closed Session)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING OF THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 21, 2025
5:00 P.M. CLOSED SESSION

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

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

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

Absent: None
Closed Session
A. Conference with real property negotiator (Govt. Code § 54956.8) Property: APN: 59-010-119, approximately 2 acres generally located at the northwest corner of Poole Boulevard and Civic Center Field, Yuba City, CA 95993 Negotiator: Diana Langley, City Manager
Negotiating parties: Unknown
Under negotiation: Price and terms of payment
B. Confer with Real Property Negotiator (Government Code § 54956.8) Property: APN 52-380-025, located at 433 Plumas Blvd, Yuba City, California; APN 53- 220-030 and APN 53-194-013, located at the intersection of Main Street, Plumas Street and Percy Avenue, Yuba City California;
Negotiator: Diana Langley, City Manager/Executive Director Negotiating parties: TBD Under negotiation: Whether to sell the properties, and if so, the price and terms of payment
C. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957) Title: City Manager
No public comment received
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:08 PM Roll Call

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

Absent: None

Invocation/Inspiration
Pastor Bob Fischetti
Pledge of Allegiance to the Flag
Ciara Wakefield, City Clerk
City Attorney's Report on Closed Session Items
No reportable action
Agenda Modifications
No changes were made
Ceremonial Presentations

1. Beale Air Force Base Air Show
U.S. Air Force Lieutenant Colonel Gorman gave a presentation on the Beale Air Force Base Air Show

2. Officer Scott Hansen Retirement Proclamation
Mayor Shaw presented a proclamation to Officer Scott Hansen Tasha Weaver from Senator Megan Dahle’s office presented a proclamation on behalf of Congressman LaMalfa, Senator Megan Dahle, and Assemblyman Gallagher

3. Police Chief Brian Baker Retirement Proclamation
Mayor Shaw presented a proclamation to Chief Brian Baker Tasha Weaver from Senator Megan Dahle’s office presented a proclamation on behalf of Congressman LaMalfa, Senator Megan Dahle, and Assemblyman Gallagher Sandee Drown from the Yuba City Downtown Business Association presented a plaque

4. Quarterly Development & Public Works Update Presentation by Ashley Potočnik, Development Liaison
Ashley Potočnik, Development Manager gave a presentation Public Communication

5. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Pasquale moved and Councilmember Cole seconded the motion to approve Consent Calendar items 6-16

6. Minutes of the December 17, 2024 Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council
Approve the minutes of the December 17, 2024, Regular Meeting of the Successor Agency to the Redevelopment Agency and City Council

7. Update City Council Benefits
Adopt a Resolution updating City Councilmember Benefits

8. Local Agency Investment Fund (LAIF) Investment Authority Update Adopt Resolution 25-002 to update staff authority to invest monies in the Local Agency Investment Fund

9. Downtown Yuba City Business Improvement District Ordinance Adopt Ordinance 001-25 of the City Council of the City of Yuba City to amend Municipal Code Section 3-9.050 for the collection of delinquent assessments, by title only, and waive the second reading

10. Adopt an Ordinance to approve Rezone 24-04 for the Gary Smith project located at 2192 Live Oak Blvd
Adopt Ordinance 002-25 of the City Council of the City of Yuba City to adopt Rezone (RZ) 24-04 rezoning 0.43 acres Light Industrial District (M-1) Zone District to Community Commercial (C-2) Zone District, for the Smith project, located at 2192 Live Oak Blvd (APN 51-490-028), by title only and waive the second reading

11. Adopt an Ordinance to approve Planned Development 19: Brownstone Estates, located on North Colusa Frontage Road between Hooper Road and El Margarita Road
Adopt Ordinance 003-25 of the City Council of the City of Yuba City approving Planned Development 19, on 7.84 acres located on the north side of North Colusa Frontage Road between Hooper Road and El Margarita Road (Assessor’s Parcel Numbers 62- 082-019, -020, -021) by title only and waive the second reading

12. Appointment to Regional Housing Authority
Approve the Mayor's Recommendation for Citizen Appointment to the Regional Housing Authority effective January 31, 2025

13. Alternate Appointment to the City of Yuba City Senior Commission Approve the appointment recommendation of Leonard Brunelle as an Alternate to the Senior Commission effective 2/28/25

14. Harter Marketplace Parcel Map (Acceptance of Public Improvements) Adopt Resolution 25-003 accepting certain street and related improvements pursuant

to the Harter Marketplace Improvement Agreement with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company and authorizing the Developer to file a Notice of Completion. [Development is located on the west side of Harter Parkway and north of State Route 20]

15. Bains/Dhadli Subdivision (Annexation #7 of property in CFD 2021-1) Adopt Resolution 25-004 annexing a certain area, Bains/Dhadli Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Seventh Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

16. Bains / Dhadli Subdivision (Acceptance of Public Improvements) Adopt Resolution 25-005 accepting certain street and related improvements pursuant to the Bains / Dhadli Subdivision with BDS Property Holdings, LLC, A California Limited Liability Company, and authorizing the Subdivider to file a Notice of Completion. [Subdivision is located north of Bridge Street, and approximately 300 feet west of North Walton Avenue]
The motion was passed unanimously
Business Items

17. Pioneer Community Energy Expansion to Include the City of Yuba City Received an overview presentation of the findings of the Impact Assessment Study for the City of Yuba City to join Pioneer Community Energy Mayor Shaw opened a Public Hearing
Philip Treanor spoke
Tanna Thomas spoke
Gina Stassi-Vanacore, Pioneer Energy Representative, spoke Mayor Shaw closed the Public Hearing
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City of Yuba City, by title only, and waive the first reading The motion was passed unanimously

18. Downtown Yuba City Business Improvement District - Levy of 2025 Annual Assessment
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing

Vice-Mayor Boomgaarden moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 25-006 confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2025
The motion was passed unanimously

19. 2040 General Plan Update
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 25-007 of the City Council of the City of Yuba City adopting an addendum to the certified environmental impact report for the 2004 Yuba City General Plan and approving the 2040 General Plan update The motion was passed unanimously

20. City Wide Traffic Demand Model Update
Councilmember Pasquale moved and Vice-Mayor Boomgaarden seconded the motion to:

Adopt Resolution 25-008 Accepting the Travel Demand Model Development Report, dated October 2020 prepared by Fehr & Peers, updating the City’s Travel Demand Model for General Plan Buildout conditions The motion was passed unanimously

21. Amendments to the Community Sponsorship Policy
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 25-009 amending the Administrative Policy for Community Sponsorships
The motion was passed unanimously

22. Measure D - Voting Results
Received a summary presentation on voting results for the City's proposed Transactions and Use Sales Tax Measure, identified as Measure D Information only – No action taken

23. Appointments to City Council Regional Boards and Committees Councilmember Pasquale moved and Councilmember Cole seconded the motion to:

Approve the City Council Assignments to Regional Boards and Committees for Calendar Year 2025
The motion was passed unanimously

Future Agenda Items

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

25. City Manager's Report

26. City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Boomgaarden
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council in memory of Cathy Jordan at 8:33 PM
________________________________________
Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, City Clerk

ATTACHMENT 2

MINUTES (DRAFT)

SPECIAL MEETING WORKSHOP

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 29, 2025
8:00 A.M. SPECIAL MEETING
1425 VETERAN'S MEMORIAL
CIRCLE YUBA CITY, CA 95993
Special Workshop
The Special City Council Workshop was called to order by Mayor Shaw at 8:00 AM Roll Call

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

Absent: None
Pledge of Allegiance to the Flag
Wade Kirchner, Councilmember
Public Communication

1. Appearance of Interested Citizens
Tony Kurlan spoke
Manny Cardoza spoke
General Items

2. Develop Updated Council Goals and Priorities
Adjournment
Mayor Shaw adjourned the Special City Council Workshop at 3:48 PM _____________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, City Clerk

ATTACHMENT 3

MINUTES (DRAFT)

SPECIAL CLOSED SESSION

CITY COUNCIL - CITY OF YUBA CITY
JANUARY 29, 2025
3:30 P.M. CLOSED SESSION

SUTTER ROOM
Special Meeting – Closed Session
The Special Closed Session Meeting of the City Council was called to order by Mayor Shaw at 4:15 PM
Roll Call

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

Absent: None
Public Communication
No public comment received
Closed Session
A. Public Employee – Appointment/Employment (Pursuant to Government Code, §54957) Title: City Manager
Adjournment
Mayor Shaw adjourned the Special Closed Session of the City Council at 5:15 PM _____________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, City Clerk

ATTACHMENT 4

MINUTES (DRAFT)

SPECIAL MEETING

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 4, 2025
5:00 P.M. SPECIAL MEETING

COUNCIL CHAMBERS
Special Meeting
The Special Meeting of the City Council was called to order by Mayor Shaw at 5:00 PM Roll Call

Present: Mayor Shaw and Councilmembers Boomgaarden, Cole, and Pasquale

Absent: Councilmember Kirchner
Pledge of Allegiance to the Flag
Maya Sangha, Youth Commission Chair
Public Communication

1. Appearance of Interested Citizens
No public comment
Ceremonial Presentations

2. Lincoln Elementary School 4th and 5th Grade Class – Teacher Rachel Ostrander City Council met with Lincoln School 4th and 5th Grade Class

3. Presentation by: City of Yuba City – Youth Commission Members of the Youth Commissioners gave a presentation
Adjournment
Mayor Shaw adjourned the Special Meeting of the City Council at 5:38 PM Dave Shaw, Mayor
ATTEST:
_______________________________
Ciara Wakefield, City Clerk

ATTACHMENT 5

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 4, 2025
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:00 PM Roll Call

Present: Mayor Shaw and Councilmembers Boomgaarden, Cole, Shaw, and Pasquale

Absent: Councilmember Kirchner
Invocation/Inspiration
Pastor Greg Mansur, Adventure Church
Pledge of Allegiance to the Flag
Lincoln School 4th and 5th Grade Students
City Attorney's Report on Closed Session Items
No reportable action from the 1/29/25 Closed Session
Agenda Modifications
No changes were made
Ceremonial Presentations

1. Certificate Presentation to Rachel Ostrander's 4th and 5th Grade Class - Lincoln Elementary School
Mayor Shaw presented a Certificate of Appreciation to Ms. Ostrander and Lincoln School 4th and 5th Grade students
Tasha Weaver from Senator Megan Dahle’s office presented a Certificate of Appreciation on behalf of Senator Megan Dahle, and Assemblyman Gallagher David Morgan presented a Certificate of Appreciation on behalf of Congressman LaMalfa

2. Sister City Association - 35 Year Anniversary Proclamation Mayor Shaw presented a proclamation to representatives from the Sister City Association

3. Toride City, Sister City - 35 Year Anniversary Proclamation Mayor Shaw will be presenting a proclamation to Toride City dignitaries in Japan next week

4. CASA - Child Advocates Presentation by Nicole Rubio
Nicole Rubio, Volunteer Engagement Coordinator, and Katja Pollmann, Family Services Director, gave a presentation on Court Appointed Child Advocates (CASA) Public Communication

5. Appearance of Interested Citizens
Sammy Mendoza spoke
Consent Calendar
Councilmember Pasquale moved and Councilmember Cole seconded the motion to approve Consent Calendar items 6-8 (Item 9 was moved to Business Items for separate discussion)

6. Bains / Dhadli Subdivision (Final Map Approval)
Adopt Resolution 25-010 approving the Bains / Dhadli Subdivision Final Map, accepting dedication of rights-of-way, and easements shown thereon and authorizing the filing of the map. [Subdivision is located north of Bridge Street, and approximately 300 feet west of North Walton Avenue]

7. Approve the 2025 Feather River Air Quality Management District (FRAQMD) Board of Directors
Approve the Member Jurisdiction Appointments to the FRAQMD Board of Directors for 2025

8. Quit Claim Deed – Stafford Way at State Route 20
Adopt Resolution 25-011 authorizing the Public Works Director to execute a quit claim deed relinquishing street right-of-way to the State of California, Department of Transportation at Stafford Way and State Route 20 [Item 9 moved to Business Items]

9. Pioneer Community Energy Expansion to Include the City of Yuba City A. Adopt a Resolution requesting membership in Pioneer Community Energy and approving the Amended and Restated Joint Exercise of Powers Agreement as amended through Amendment No. 5; and
B. Adopt an Ordinance of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City of Yuba City, by title only, and waive the second reading The motion was passed with 4 votes [Kirchner absent]
Business Items
[Item 9 pulled from Consent Calendar for separate discussion]

9. Pioneer Community Energy Expansion to Include the City of Yuba City

Philip Treanor spoke
Councilmember Pasquale moved and Vice-Mayor Boomgaarden seconded the motion to:

A. Adopt Resolution 25-012 requesting membership in Pioneer Community Energy and approving the Amended and Restated Joint Exercise of Powers Agreement as amended through Amendment No. 5; and
B. Adopt Ordinance 004-25 of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City of Yuba City, by title only, and waive the second reading The motion was passed with 4 votes [Kirchner absent]

10. Planning Commission Membership
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Vice-Mayor Boomgaarden moved and Councilmember Pasquale seconded the motion to:

Introduce by title only an Ordinance of the City Council of the City of Yuba City determining the adoption of an ordinance regarding the Planning Commission membership and organization is not subject to environmental review pursuant to CEQA Guidelines Section 15378, and to repeal and replace Sections 8-1.01 and 8-

1.02 of Chapter 1, of Title 8 of the Municipal Code regarding the Planning Commission membership and organization
The motion was passed with 4 votes [Kirchner absent]

11. Aquifer Storage and Recovery Well (Municipal Well No. 3) (22-09) - Award Construction Contract for Below Ground Facilities
Councilmember Cole moved and Vice-Mayor seconded the motion to:

Adopt Resolution 25-013 which takes the following actions:

A. Award a construction contract to Nor-Cal Pump & Well Drilling Inc. of Yuba City, CA in the amount of their total bid of $983,306 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Adopt the Initial Study/Mitigated Negative Declaration for the Aquifer Storage and Recovery Well Project
The motion was passed with 4 votes [Kirchner absent]

12. Summary Report from Council Special Workshop held on January 29, 2025 Received report and gave direction to staff
Information only. No formal action taken

Future Agenda Items

13. Future Agenda Items
Councilmember Pasquale requested an update from Sutter Animal Services Authority Reports and Communications

14. City Manager's Report

15. City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Boomgaarden
- Mayor Shaw
Closed Session
A. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957) Title: City Manager
B. Threats to Public Services or Facilities (Pursuant to Government Code section 54957(a).) Consultation with: City Manager and City Attorney No public comment received
At 7:53 PM City Council moved into Closed Session (Sutter Room) After Closed Session, City Council returned to the Council Chambers City Attorney's Report on Closed Session Items
Shannon Chaffin, City Attorney – No reportable action
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 9:02 PM ________________________________________
Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, City Clerk

ATTACHMENT 6

MINUTES (DRAFT)

SPECIAL CLOSED SESSION MEETING OF

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 12, 2025
3:45 P.M. CLOSED SESSION

COUNCIL CHAMBERS
Special Meeting – Closed Session
The Special Closed Session Meeting of the City Council was called to order by Vice-Mayor Boomgaarden at 3:47 PM
Roll Call

Present: Vice-Mayor Boomgaarden, Councilmembers Cole, Kirchner, and Pasquale

Absent: Mayor Shaw*
*Note: Mayor Shaw joined Closed Session remotely via Zoom from Japan. While not physically present, his travel on official business representing the City of Yuba City in our Sister City, Toride, Japan constitutes “just cause” under AB 2449 and allowed him to participate remotely.

Public Communication
No public comment received
Closed Session
A. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957) Title: Interim City Manager
B. Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: David Shaw and Marc Boomgaarden Employee: Interim City Manager
Adjournment
Vice-Mayor Boomgaarden adjourned the Special Closed Session of the City Council at 7:30PM _____________________________
Marc Boomgaarden, Vice-Mayor
ATTEST:
____________________________
Ciara Wakefield, City Clerk

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Brian Hansen, IT Manager
Summary
Subject: Microsoft Enterprise License Agreement Software Renewal Recommendation: Adopt a Resolution authorizing the City Manager to enter into a 3-year agreement with SHI International Corp. of Somerset, New Jersey for the purchase of Microsoft software and cloud services utilizing the County of Riverside Microsoft Enterprise License Agreement in the amount of $139,504.93 per year with the finding it is in the best interest of the City Fiscal Impact: Funds are currently available in the budget as part of the Information Technology ISF, 6630-63320 for Microsoft Enterprise License Agreement Purpose:

To enter into a 3-year agreement with SHI International Corp. for the purchase of Microsoft licenses and cloud services.

Council's Strategic Goal:

This item supports the Council's strategic goal of fiscal responsibility. By entering into a 3-year agreement utilizing the County of Riverside Microsoft Enterprise License Agreement pricing, the City is securing the best pricing for these licenses and cloud services while stabilizing the expenditure for these licenses and services over the next 3 years.

Background:

The City established its Enterprise Agreement (EA) relationship with Microsoft in October of 2001 and last renewed it in 2022. Since that time, the City has benefited from entitlements to regular software upgrades of Office versions, Windows desktop operating systems, and server products including Exchange, SharePoint, and MS SQL Server.

In February 2022, the City converted its conventional desktop software licenses to Microsoft Office 365, a subscription based suite of remotely-hosted software and services. At the end of each year of the agreement, the City will adjust its annual payment in consideration of any licenses added or removed during the year. Office 365 enables employees to work with data and applications from virtually anywhere and on virtually any device. It affords the city the unique benefit of seamless data recovery and will assist in continuity of government in the event of a regional disaster. Through

Microsoft Teams, the city also enjoys the ability to interact with external partners and the public using familiar, commonly available instant messaging and video conferencing. Microsoft sells these services at several cost and feature tiers and staff recommend renewal at the lowest tier, G3. In the current market, there are no viable competitors to Microsoft 365.

Analysis:

The City of Yuba City Municipal Code provides that the City may use any purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award of the contract that the procedures are in the best interest of the City. Microsoft licensing throughout the State of California is based on pre-negotiated prices from the County of Riverside’s Microsoft Enterprise License Agreement (MELA)# PSA-0001522 and leverages the cooperative buying power of state and local government agencies and assures participating agencies the lowest-cost for Microsoft products.

SHI International Corp. (SHI) is a provider of information technology services to business, government, education and healthcare customers and is a participant, and authorized reseller of Microsoft licenses pursuant to the MELA. Entering into an agreement with SHI on the same terms and conditions of the MELA is in the best interest of the City because it ensures the best pricing for Microsoft products and services, avoiding costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received.

Fiscal Impact:

Funds are currently available in the budget as part of the Information Technology ISF, 6630-63320 for Microsoft Enterprise License Agreement
Alternatives:

1. Direct staff to utilize a different purchasing contract

2. Direct staff to issue a RFP for alternative software and cloud services Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a 3-year agreement with SHI International Corp. of Somerset, New Jersey for the purchase of Microsoft software and cloud services utilizing the County of Riverside Microsoft Enterprise License Agreement in the amount of $139,504.93 per year with the finding it is in the best interest of the City.

Attachments:

1. Microsoft Enterprise License Agreement - Resolution

2. Exhibit A - SHI Quote

3. Exhibit B - Microsoft Agreement
Prepared By: Submitted By:

Brian Hansen
Information Technology Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR AGREEMENT WITH SHI

INTERNATIONAL CORP OF SOMERSET, NJ FOR THE PURCHASE OF MICROSOFT

SOFTWARE AND CLOUD SERVICES UTILIZING THE COUNTY OF RIVERSIDE MICROSOFT ENTERPRISE LICENSE AGREEMENT IN THE AMOUNT OF $139,504.93 PER YEAR
WHEREAS, the City of Yuba City desires to purchase Microsoft software and cloud services; and WHEREAS, the existing agreement is set to expire on January 31, 2025; and WHEREAS, SHI International Corp has provided a proposal for the purchase of Microsoft software and cloud services utilizing the County of Riverside Microsoft Enterprise License Agreement (MELA) # PSA-0001522; and
WHEREAS, the City desires to enter into an agreement with SHI International Corp for Microsoft software and cloud services in the amount of $139,504.93 per year for a three-year term utilizing the County of Riverside Microsoft Enterprise License Agreement (MELA) # PSA-0001522 with the finding that it is in the best interest of the City.

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

1. The City Council hereby authorizes the City Manager to enter into an agreement with SHI International Corp of Somerset, NJ for the purchase of Microsoft software and cloud services utilizing the County of Riverside Microsoft Enterprise License Agreement (MELA) # PSA-0001522 for an amount of $139,504.93 per year, and finds that the agreement is in the best interest of the City.

2. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February, 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

A. SHI Quote
B. Microsoft Agreement

EXHIBIT A

Pricing Proposal
Quotation #:   25685130
Reference #:  EA 61632071 Budgetary Renewal
Created On:   1/3/2025
Valid Until:   1/31/2025
CA-City of Yuba City Inside Account Manager
Brian Hansen
1201 Civic Center Blvd
Yuba City, CA 95993
United States
Phone: 530-822-4785
Fax:

Email: [email protected]
Alex Chrysanthopoulos
SHI
290 Davidson Ave
Somerset, NJ 08873
Phone: 7326672779
Fax:

Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 M365 G3 Unified FUSL GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
100 $384.39 $38,439.00
2 M365 F3 Unified GCC Sub Per User
Microsoft - Part#: AAD-63092
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
40 $82.87 $3,314.80
3 Planner & Project P3 FSA GCC Renewal Sub Per User
Microsoft - Part#: 7E7-00001
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
2 $231.51 $463.02
4 M365 G3 Unified FSA Renewal GCC Sub Per User
Microsoft - Part#: AAD-34700
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
280 $326.75 $91,490.00
5 Visio P2 FSA GCC Renewal Sub Per User
Microsoft - Part#: 9K4-00003
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
9 $115.75 $1,041.75
6 SQL Server Standard ALng LSA
Microsoft - Part#: 228-04437
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
2 $376.30 $752.60
7 SQL CAL ALng SA Device CAL  100 $37.49 $3,749.00

Microsoft - Part#: 359-00792
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
8 Win Server Standard Core ALng SA 2L
Microsoft - Part#: 9EM-00270
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: Year 1 of 3
12 $21.23 $254.76
Total $139,504.93
Additional Comments
This quote has been marked as budgetary, as certain pricing may require approval from Microsoft. Please note, SHI is unable to process Purchase Orders against budgetary quotes. Kindly reach out to your SHI sales team for a Final Quote once you have determined your required counts and licenses.

Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.

Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.

EXHIBIT B

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Design Immunity Ordinance Update
Recommendation: Adopt by title only an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Yuba City Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the second reading
Fiscal Impact: No direct fiscal impact will result from the proposed Municipal Code addition Purpose:

To preserve design immunity in lawsuits involving public works projects by formally documenting authority for approval of plans or designs for such projects.

Council’s Strategic Goal:

This item addresses two City Council Strategic Goals by providing for maintenance of, improvement to, and investment in City infrastructure while doing so in a fiscally responsible and sustainable manner.

Background:

Design immunity under Government Code Section 830.6 is one of the most powerful affirmative defenses for public entities. This section states, in part, that neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval.

The City is self-insured through the Northern California Cities Self-Insured Fund (NCCSIF) risk pool.

NCCSIF has requested its member agencies adopt an ordinance to formally document and preserve design immunity afforded by Government Code Section 830.6 in response to the large number of lawsuits filed against public entities alleging dangerous conditions of public property and the multimillion dollar demands such lawsuits seek.

Council previously conducted a Public Hearing and properly introduced the proposed Ordinance.

Further, staff published the Notice of Intent to Adopt the proposed Ordinance as required.

Analysis:

California law provides various causes of actions for aggrieved parties to sue for monetary and nonmonetary damages, as well as immunities and defenses where the State Legislature has deemed to be important public policy to shield certain individuals and entities from liability. An example is legislative immunity where the City Council cannot be held liable for enacting laws. Another example is judicial immunity where judges cannot be held liable for making rulings contrary to popular sentiment.

Pertinent to public agencies being sued for an alleged dangerous condition of public property, the defense of design immunity will almost always be raised in a motion for summary judgment where the judge will be asked to decide whether there is any substantial evidence that the public property was reasonably designed. A civil engineer's opinion that the design was reasonably approved constitutes substantial evidence sufficient to support design immunity regardless of any conflicting witness testimony to the contrary.

The final design of City public works projects is approved by the Engineer in Responsible Charge of the work, as defined in the State Business and Profession Code. The Engineer’s signature on the plan documents constitute substantial evidence that the public works project was reasonably designed, therefore entitling the City to assert the design immunity defense in lawsuits alleging dangerous condition of public property. The City usually takes the additional step of obtaining City Council approval of the plans and specifications, further entitling the City to assert the design immunity defense.

The proposed Ordinance formally establishing the Engineer in Responsible Charge of the work, the Public Works Director, and the City Engineer as being authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 preserving the City’s ability to assert the design immunity defense for projects that may not have been formally approved by City Council. Such projects could include those less than $60,000 that are directly negotiated with a Contractor or those that have been informally bid pursuant to the State Public Contract Code.

The proposed Ordinance is prepared at the request of the City's risk pool NCCSIF to formally document and preserve the City's ability to raise design immunity as a defense. As part of this process, a new chapter was created in order to accommodate future amendments to the Municipal Code of a similar type.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to establish authority for approval of plans or designs of public works projects. Existing budgeted funds will be used for staff’s time to implement this item.

Alternatives:

Council may decide not to amend the Municipal Code and instead require all public works projects, regardless of size or scope of work, to be brought before City Council for approval of plans or designs.

Council may also limit the authority for approval of plans or designs to just the Public Works Director or City Engineer.

Recommendation:

Adopt by title only an Ordinance of the City Council of the City of Yuba City adding Chapter 12 of Title 6, including Section 6-12.01, to the Municipal Code establishing powers and authority to approve plans or designs for public works projects and waive the second reading

Attachments:

1. Ordinance
Prepared By: Submitted By:

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

ATTACHMENT 1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADDING CHAPTER 12 OF TITLE 6, INCLUDING SECTION 6-12.01, TO THE MUNICIPAL

CODE ESTABLISHING POWERS AND AUTHORITY TO APPROVE PLANS OR DESIGNS

FOR PUBLIC WORKS PROJECTS
WHEREAS, the City of Yuba City (City) is self-insured through the Northern California Cities SelfInsured Fund (NCCSIF) risk pool; and WHEREAS, NCCSIF has requested its member agencies adopt an ordinance to formally document and preserve design immunity afforded by Government Code Section 830.6 in response to the large number of lawsuits filed against public entities alleging dangerous conditions of public property and the multi-million dollar demands such lawsuits seek; and WHEREAS, the final design of City public works projects is approved by the Engineer in Responsible Charge of the work, as defined in the State Business and Profession Code; and WHEREAS, said Engineer’s signature on the plan documents constitute substantial evidence that the public works project was reasonably designed, therefore entitling the City to assert the design immunity defense in lawsuits alleging dangerous condition of public property; and WHEREAS, the City usually takes the additional step of obtaining City Council approval of the plans and specifications, further entitling the City to assert the design immunity defense; and WHEREAS, the City Council desires to amend the Yuba City Municipal Code to authorize the Engineer in Responsible Charge of the work, the Public Works Director, or the City Engineer to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 for projects that may not have been formally approved by City Council.

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

1. That all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. A new Chapter 12, of Title 6, is added to the Yuba City Municipal Code to read in its entirety as follows:

CHAPTER 12. POWERS AND AUTHORITY – ADDITIONAL
Sec. 6-12.01. – Plans and Designs.

The Engineer in responsible charge of the work, the Public Works Director, and/or the City Engineer are authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 for all public works projects approved by the City. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.

3. If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such

invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this Ordinance are declared to be severable. The City Council hereby declares that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

4. This Ordinance shall become effective on the thirty-first day after its adoption.

This Ordinance was introduced on June 18, 2024, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting on ___________________, by the following vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
_________________________
Dave Shaw, Mayor
City of Yuba City
Attest:

Ciara Wakefield, City Clerk
City of Yuba City

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Planning Commission Membership
Recommendation: A. Adopt by title only an Ordinance of the City Council of the City of Yuba City repealing and replacing Sections 8-1.01 and 8-1.02 of Title 8, Chapter 1 of the Municipal Code regarding the Planning Commission membership and organization, and waive the second reading; and
B. Adopt a Resolution of the City Council of the City of Yuba City to remove and reappoint City Planning Commissioners on an interim basis until new District Planning Commissioners are established by the City Council Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:

To adopt an ordinance to reorganize the Planning Commission from at-large to council district representation and provide for continued County participation. Additionally, all Planning Commissioners are being reappointed on an interim basis until new District Planning Commissioners are established.

Council’s Strategic Goal:

Updating the Planning Commission’s representation from at-large positions to appointments made by individual City Council members that will include recently annexed areas into the City addresses the City Council’s overarching goal of quality of life.

Background:

The Planning Commission was established by Ordinance No. 192, and this commences at Municipal Code Section 8-1.01.

Traditionally, the Planning Commission has been comprised of six at-large members of the community serving 4-year terms. A seventh member has traditionally been appointed by Sutter County and similarly, the City has traditionally appointed a member to the County Planning Commission.

In 2024, the City Council transitioned from at-large representation to five individual Council districts.

Consistent with this action, it is appropriate for the City Council to consider updating the Planning

Commission’s organization and membership where there are five members, representing each City Council District.

On February 4, 2025, the City Council introduced an ordinance regarding the Planning Commission’s membership and organization to transition the Commission from at-large to individual Council District representation.

Analysis:

The proposed ordinance will transition the Planning Commission to a five voting member Commission where each City Council member nominates a commissioner that must be confirmed by the City Council.

The proposed ordinance provides that Sutter County may nominate a non-voting member, who must be confirmed by the City Council, who shall sit with the Commission and provide input only.

The proposed ordinance provides that once a planning commissioner is confirmed by the City Council, they shall serve a term of the same duration as the City Council member who nominated them. Upon re-election, a City Council member may either renominate an existing Commissioner to an additional term or may nominate a different person from their district.

The proposed ordinance provides that a confirmed planning commissioner may be removed at any time, with or without cause, by action of the City Council (3-votes).

A review of the Planning Commission Bylaws determined that no revisions are necessary in order to accommodate the ordinance amendments.

To maintain a quorum of Planning Commissioners during this transition, a resolution is proposed to remove and reappoint all Planning Commissioners on an interim basis until new District Planning Commissioners are established pursuant to the new ordinance. This will ensure that development applications will continue to be heard timely during this process.

Environmental Review
A review of the California Environmental Quality Act (CEQA) Guidelines determined that adoption of an ordinance regarding Planning Commission membership and organization is exempt from CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule Exemption) where the activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to potentially revise the composition of the Planning Commission.

Alternatives:

The City Council may revise the proposed ordinance as it determines necessary or the Council may determine not to amend the Ordinance to revise the Planning Commission organization and membership. Finally, the City Council may provide alternative guidance to staff concerning this issue.

Recommendations:

A. Adopt by title only an Ordinance of the City Council of the City of Yuba City repealing and replacing Sections 8-1.01 and 8-1.02 of Title 8, Chapter 1 of the Municipal Code regarding the Planning Commission membership and organization, and waive the second reading; and B. Adopt a Resolution of the City Council of the City of Yuba City to remove and reappoint City Planning Commissioners on an interim basis until new District Planning Commissioners are established by the City Council.

Attachments:

1. Proposed Ordinance

2. Proposed Resolution

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

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

Attachment 1

01248.0005/1047800.1 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REPEALING AND REPLACING SECTIONS 8-1.01 AND 8-1.02 OF CHAPTER 1 OF TITLE 8, OF THE

MUNICIPAL CODE REGARDING THE PLANNING COMMISSION MEMBERSHIP

AND ORGANIZATION
WHEREAS, in 2022 the City Council of the City of Yuba City transitioned from at-large to individual district representation on the City Council, which transition was completed in December of 2024; and
WHEREAS, the City Council similarly desires to reorganize the Planning Commission and transition from at-large to individual district representation and this will reduce the size of the Planning Commission from seven to five members to coincide with one Planning Commissioner representative from each City Council member district; and WHEREAS, traditionally, the City and County have each appointed a Planning Commissioner to each agency’s Planning Commission; however, with this reorganization, having an additional Planning Commissioner can result in tied decisions; however, the City Council believes there are benefits to having County Planning Commissioner participation on the City Planning Commission and therefore, is including a non-voting liaison who may provide input during Commission meetings.

WHEREAS, the City Council considered this ordinance pursuant to a noticed public hearing at its meeting on February 4, 2025, and now desires to adopt the same.

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

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

SECTION 2. CEQA. The City Council finds and determines that the adoption of an ordinance regarding Planning Commission membership and terms of office is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as the membership of the Planning Commission is an organizational or administrative activity of the City that will not result in direct or indirect physical changes to the environment as contemplated by CEQA Guidelines section 15378. As such, this activity is not subject to CEQA.

SECTION 3. Sections 8-1.01 and 8-1.02 of Title 8, Chapter 1 of the Yuba City Municipal Code are repealed in their entirety and replaced with the following Section 8-1.01:

Section 8-1.01. – Created, Membership
The Planning Commission is established and created by Ordinance No. 192 entitled "An Ordinance Establishing and Creating a City Planning Commission," as amendment, is hereby reestablished and recreated without loss of continuity under and by authority of the State

01248.0005/1047800.1 2
Planning Law. The Planning Commission shall have all the powers, functions and duties provided for by State Planning Law, the laws of the City and as delegated in accordance with applicable laws. The Planning Commission have the authority to appoint a chair and vice-chair, and to adopt bylaws consistent with policies established by the Council. The organization, membership, terms and methods of appointment and removal of members, and compensation of the Planning Commission shall be as follows:
(a) There shall be five voting members of the Planning Commission. (b) Each member of the City Council shall nominate a person from among the residents of their district to serve as a Planning Commissioner. The City Council may establish by resolution recruitment and service requirements, criteria and attendance standards governing service on the Planning Commission. A person nominated shall be confirmed by a majority vote of the City Council.
(c) A confirmed Planning Commissioner shall serve a term of the same duration as the Council member who appointed them and shall serve at the pleasure of said Council member. Upon election or re-election, a City Council member shall either renominate an existing Planning Commissioner to another term or may nominate a different resident of their district. A City Council member may also seek removal and nominate another resident of their district to the Planning Commission at any time. All nominations shall be confirmed by a majority vote of the City Council. When a new City Council member is elected to a district, the existing Planning Commissioner for that district will continue to serve until they are either renominated and reconfirmed or a successor is confirmed by the City Council.
(d) A Planning Commissioner or liaison may be removed at any time, with or without cause, by action of the City Council.
(e) Annually, the County of Sutter may nominate a non-voting liaison to the Yuba City Planning Commission who may provide input. A liaison may be confirmed by a majority vote of the City Council.
(f) Annually, the Planning Commission may nominate a member to serve on the Sutter County Planning Commission as either a voting member or liaison, consistent with County ordinance. The City Council may accept the person nominated as the City’s designee and the City Clerk shall forward said designation to the Sutter County Board of Supervisors for confirmation.

01248.0005/1047800.1 3
(g) The Development Services Director shall be an ex-officio member and shall serve as the secretary to the Commission. All members of the Commission shall have the right to vote; ex-officio members and liaison shall not have the right to vote. (h) Compensation for the Planning Commission may be established by adopted resolution of the City Council.
(i) To effectuate initial implementation of this ordinance, the City Council may adopt a resolution removing all members of the Planning Commission and then immediately reappoint five members thereof for an interim period, with each member being assigned to a Council district regardless of current residency within the City. The interim appointment period shall be until another Planning Commissioner is appointed to that district, or through February 27th following the election or re-election of a City Council member for that district.

SECTION 4. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.

This Ordinance was introduced on February 4, 2025, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting _________, 2025, by the following electronic vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
______________________________
Dave Shaw, Mayor
City of Yuba City
Attest:
___________________________
Ciara Wakefield, City Clerk
City of Yuba City

01248.0005/1047830.1
ATTACHMENT 2

01248.0005/1047830.1
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO REMOVE

AND REAPPOINT ALL PLANNING COMMISSIONERS ON AN INTERIM BASIS AS

PART OF THE REORGANIZATION FROM AT-LARGE TO DISTRICT BASED

PLANNING COMMISSION REPRESENTATION
WHEREAS, in 2024 the City Council of the City of Yuba City completed the transition from atlarge representation to district-based representation on the City Council; and WHEREAS, the City Council similarly desires to reorganize the Planning Commission from atlarge representation to one that is based on representation from each City Council district, and this will ultimately reduce the size of the Planning Commission from seven to five members which coincides with one Planning Commissioner representative from each City Council member district; and
WHEREAS, on February 4, 2025, the City Council conducted a duly noticed public hearing and introduced an ordinance of the City Council of the City of Yuba City to repeal and replace Sections 8-1.01 and 8-1.02 of Title 8, Chapter 1 of the Municipal Code regarding the Planning Commission membership and organization (“Ordinance”); and WHEREAS, as part of this reorganization, it is necessary to ensure continuity of Planning Commission membership so that development applications can be heard and acted upon in a timely manner; and
WHEREAS, as part of this reorganization, the City Council finds it necessary to remove and reappoint the existing Planning Commissioners to terms lasting until they are either nominated by a City Council member and confirmed by the City Council under the updated ordinance requirements or replaced by a different Planning Commissioner confirmed by the City Council.

WHEREAS, Municipal Code Section 8-1.02 provides that members of the Planning Commission serve at the pleasure of the City Council and may be removed without cause at any time and provides for the appointment of members.

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

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

2. Removal: As of the effective date of the Ordinance, each Yuba City Planning Commissioner is hereby removed from office.

3. Appointment: As of the effective date of the Ordinance, the following Yuba City Planning Commissioners are reappointed to the following interim terms:

Yuba City Planning Commission Terms and Expiration
District Commissioner Date of
Appointment
Term Expiration

01248.0005/1047830.1
1 Bhavin Singh Dale 2/18/25 City Council confirmation of a District 1 Planning
Commissioner or through
February 27, 2029,
whichever comes first.
2 Jackie Sillman 2/18/25 City Council confirmation of
a District 2 Planning
Commissioner or through
February 27, 2029,
whichever comes first.
3 Stacy Brookman 2/18/25 City Council confirmation of
a District 3 Planning
Commissioner or through
February 27, 2029,
whichever comes first.
4 Rupinder Johl Sandhu 2/18/25 City Council confirmation of a District 4 Planning
Commissioner or through
February 27, 2027,
whichever comes first.
5 James Nore 2/18/25 City Council confirmation of
a District 5 Planning
Commissioner or through
February 27, 2027,
whichever comes first.

3. Sutter County Liaison: Karri Campbell is confirmed as the liaison from Sutter County to the Yuba City Planning Commission.

4. Effective Date of Resolution: This Resolution shall become effective only upon the effective date of the Ordinance.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February 2025.

Ayes:

Noes:

Absent:

Recused:
_____________________________
Dave Shaw, Mayor
ATTEST:

01248.0005/1047830.1
______________________________
Ciara Wakefield, City Clerk

APPROVED AS TO FORM

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

Attachment 3

District 1
District 2
District 4
District 3
District 5

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. City Council Districts

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Water System Consolidation - Wildewood East Mutual Water Company Recommendation: Adopt a Resolution authorizing the Public Works Director to sign and file a grant application for a financing agreement with the State Water Resources Control Board for the construction of the Wildwood East Mutual Water Company Water Consolidation Project
Fiscal Impact: Approximately $5,000 of staff time associated with preparing the State Revolving Fund Grant application. Costs will be reimbursed by the State Water Resources Control Board with the successful award of the grant Purpose:

To facilitate consolidation of the Wildewood East Mutual Water Company (WEMWC) with the City’s water system.

Council’s Strategic Goal:

This project improves the quality of life for residents served by the WEMWC by providing clean, safe drinking water while addressing the City Council’s Strategic Goal to maintain, improve, and invest in the City’s infrastructure in a fiscally responsible manner.

Background:

The Wildewood East Subdivision is located on the north side of Franklin Road, west of George Washington Boulevard (Attachment 2). The community includes 48 residential lots, approximately one (1) acre in size.

The WEMWC serves water to the subdivision through a private groundwater system with 47 residential water connections serving a population of approximately 235 people. The WEMWC is subject to regulation by the State Water Resources Control Board, Division of Drinking Water (State Water Board). In 2014, the State Water Board implemented a lower maximum contaminant level for hexavalent chromium (CR6), which caused WEMWC’s groundwater to be out of compliance. City staff have had preliminary discussions with operators of the WEMWC over the years regarding a potential consolidation of the WEMWC water system with the City’s water system to address water quality concerns.

On June 30, 2022, WEMWC submitted a Request for Technical Assistance to the State Water Board

seeking assistance in consolidation with the City’s water system. On March 4, 2024, staff received a formal request from the State Water Board to provide a letter of intent to work towards the WEMWC consolidation. On March 19, 2024, Council approved consolidation with WEMWC and the letter of intent was submitted.

Sanbell Engineering (Sanbell), on behalf of WEMWC, has been working on a design to construct a new water distribution system for supplying City water to the subdivision. Presently, the project is 90% designed and the next steps include applying for an SRF Grant to fund construction of the project. The State has requested the City, as the consolidating agency, submit the SRF grant application.

Analysis:

The State has requested that Council give authority for designated staff to sign and file a Financial Assistance Application for a financing agreement with the State Water Resources Control Board for the construction of the proposed water distribution system. The financing agreement will commit the State to provide full funding amounts, and for the City to construct the waterline project, at no cost to the City, in accordance with the terms of the agreement.

With approval to move forward with submission of the financial application, staff anticipates State approval of the financing agreement later this year. Staff will then return to Council for authorization to proceed and execute the necessary agreements.

Fiscal Impact:

There will be associated staff time, at an approximate cost of $5,000, to prepare the SRF Grant application. The anticipated financing agreement will reimburse the City for all staff time and fees associated with the application upon award.

The estimated total construction cost of the water distribution system is $3,135,000.00 and is anticipated to be 100% funded through the Drinking Water State Revolving Fund Drinking Water Construction Grant program. Upon award of the grant, staff will present Council a detailed fiscal impact and a recommendation on how to proceed forward with the consolidation effort.

Alternatives:

Do not authorize staff to submit a grant application, which would leave WEMWC looking for other means to fund the consolidation or perhaps abandon the consolidation altogether and find other means to provide safe drinking water to its customers.

Recommendation:

Adopt a Resolution authorizing the Public Works Director to sign and file a grant application for a financing agreement with the State Water Resources Control Board for the construction of the Wildwood East Mutual Water Company Water Consolidation Project.

Attachments:

1. Attachment 1 - WEMWC Resolution

2. Attachment 2 - Location Map
Prepared By: Submitted By:

Nick Menezes
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DESIGNATING AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AND FILE

A FINANCIAL ASSISTANCE APPLICATION FOR A FINANCING AGREEMENT WITH THE

STATE WATER RESOURCES CONTROL BOARD FOR THE CONSTRUCTION OF THE

WILDEWOOD EAST MUTUAL WATER COMPANY CONSOLIDATION PROJECT WHEREAS, the Wildwood East Mutual Water Company (WEMWC) private water system located on the north side of Franklin Road, west of George Washington Boulevard, no longer meets State drinking water quality standards; and
WHEREAS, on March 19, 2024, the City Council approve the consolidation of the WEMWC water system with the City’s water system and the City submitted a letter of intent to work towards said consolidation to the State Water Resources Control Board (SWRCB); and WHEREAS, the SWRCB requires the City, as the consolidating agency, to be the lead for submitting a State Revolving Fund (SRF) grant application; and WHEREAS, prior to submitting an SRF grant application, the State requires the City to adopt a Resolution authorizing an officer to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement with the SWRCB; designating a person or persons to approve claims for reimbursement; designating a person or persons to sign the Budget and Expenditure Summary; designating a person or persons to sign Certification of Project Completion; designating a person to review and approve claim forms; and designating a person to sign the Final Release form.

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

1. The Public Works Director (the “Authorized Representative”) is hereby authorized to sign and file a Financial Assistance Application for a financing agreement with the SWRCB for the construction of the WEMWC Consolidation Project.

2. The Authorized Representative, or his/her designee, is designated to provide the assurance, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the SWRCB and any amendments or changes thereto, subject to approval as to legal form by the City Attorney.

3. The Authorized Representative is designated to represent the City in carrying out the City’s responsibilities under the agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

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 18 TH day of February,
2025.

AYES:

NOES:

ABSENT:
_________________________
Dave Shaw, Mayor
Ciara Wakefield, City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

WILDEWOOD EAST COMPLIANCE PLAN
FIGURE 1

PROJECT LOCATION

WELL SITE

GABRIEL AVENUE

DANIEL DRIVE
HWY CA 99
HWY CA 20 YUBA CITY

GABRIEL AVENUE

DANIEL DRIVE

FRANKLIN ROAD

WILDEWOOD EAST
WELL
SITE

WILDEWOOD
EAST

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Shannon Sardo, Administrative Analyst
Summary
Subject: Permanent Local Housing Allocation (PLHA) – Subrecipient Agreements Recommendation: Adopt a Resolution approving two (2) subrecipient agreements for the City’s 2020 Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD), and; A. Authorize the City Manager to execute the approved agreements, and; B. Authorize the Finance Director to make a supplemental appropriation of $718,893.67 to account 208-43495 to receive grant funds, a supplemental appropriation of $694,713.32 to account 6048-65305 for program expenditures, and a supplemental appropriation of $39,737.35 to transfer funds for administrative costs to accounts 6048-Z69990 and 100-69980 Fiscal Impact: The City will receive $483,607 from the 2020 allocation and $235,286.67 from the 2021 allocation, to be distributed as follows:
- $229,713.33 for the Sutter Yuba Homeless Consortium (SYHC) - $465,000 broken down $229,713.33 (2020 allocation) and $235,286.67 (2021 allocation) for Habitat for Humanity Yuba - Sutter (Habitat) – Merriment Village Project
- $24,180.35 for City Administration of the grant
Purpose:

To Approve two (2) subrecipient agreements for the City’s 2020 Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and community Development (HCD) Council's Strategic Goal:

This project addresses Council’s goals of fiscal responsibility, public safety, and infrastructure.

Background:

The City was approved for a five-year allocation of PLHA funding on October 21, 2021. This included funding from the 2019 PLHA allocation. On August 29, 2024, the City was awarded additional PLHA funding from the 2020-2022 allocation, totaling $1,433,096. The City’s approved PLHA plan included 5% of each years’ allocation for City Administration, then 50% of the remainder for Activity 1, and 50% of the remainder for Activity 6.

Activity 1 eligibility is for the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies.

Activity 6 is for assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Analysis:

The City’s 2020 PLHA allocation, in the amount of $483,607, will expire in April 2025, and staff must submit a Request for Funds to HCD by March 1, 2025. This request requires that the city have a contract or agreement established for the funding plan. The Draft Subrecipient Agreements received approval from HCD, signaling that they will be sufficient to receive the funding. Staff recommends approval of these two agreements to move forward with drawing the 2020 funding from HCD.

The Draft Subrecipient Agreement with Habitat for Humanity – Merriment Village Project fulfills the City’s previous commitment to provide $465,000 in funding for the construction of the affordable housing project. The subrecipient agreement would draw $229,173.33 from the 2020 allocation (the total committed to Activity 1 from the 2020 allocation), and $235,286.67 from the 2021 PLHA allocation.

This will complete the full $465,000 commitment and requires that Habitat meet the same disbursement requirements from the City’s Homekey 3.0 Covenant and Loan Agreement, dated July 11, 2024.

The second Draft Subrecipient Agreement is with the Sutter Yuba Homeless Consortium and qualifies for funding under Activity 6 of the PLHA eligibility. This agreement will be for a four-year term and provides $229,173.33 on a reimbursement basis. It requires that SYHC provide quarterly reports and invoicing for reimbursement. This commitment of PLHA funding allows the City and SYHC to free up annual Community Development Block Grant (CDBG) funding from the Public Services cap of 15% of each annual allocation, while still funding vital homeless services within the community.

Fiscal Impact:

The City will receive $483,607 from the 2020 allocation and $235,286.67 from the 2021 allocation, to be distributed as follows:
- $229,713.33 for the Sutter Yuba Homeless Consortium (SYHC) - $465,000 broken down $229,713.33 (2020 allocation) and $235,286.67 (2021 allocation) for Habitat for Humanity Yuba - Sutter (Habitat) – Merriment Village Project - $24,180.35 for City Administration of the grant from the 2020 allocation. The City previously received $15,557 from the 2019 allocation for administrative costs This $465,000 allocation to Habitat for Merriment Village will fulfill the contribution amount approved by City Council on May 2, 2023.

Alternatives:

Provide direction to staff on modifying the Subrecipient Agreements to meet the March 1st Request for Funds deadline with HCD.

Recommendation:

Adopt a Resolution approving two (2) subrecipient agreements for the City’s 2020 Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community

Development (HCD), and;
A. Authorize the City Manager to execute the approved agreements, and; B. Authorize the Finance Director to make a supplemental appropriation of $718,893.67 to account 208-43495 to receive grant funds, a supplemental appropriation of $694,713.32 to account 6048-65305 for program expenditures, and a supplemental appropriation of $39,737.35 to transfer funds for administrative costs to accounts 6048-Z69990 and 100-69980.

Attachments:

1. Attachment 1- Resolution - PLHA Subrecipient Agreements

2. Attachment 2 - PLHA Draft Subrecipient Agreement - Merriment Village

3. Attachment 3 - PLHA Draft Subrecipient Agreement - SYHC Prepared By: Submitted By:

Shannon Sardo
Administrative Analyst
Diana Langley
City Manager

01248.0005/747906.1
ATTACHMENT 1

01248.0005/747906.1
RESOLUTION NO. ________

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

SUBRECIPIENT AGREEMENTS WITH HABITAT FOR HUMANITY YUBA-SUTTER

AND SUTTER YUBA HOMELESS CONSORTIUM FOR THE PERMANENT LOCAL

HOUSING ALLOCATION (PLHA) FUNDING
WHEREAS, the California Department of Housing and Community Development (HCD) has awarded the City $1,433,096 in PLHA funding from the 2019-2022 allocations, to increase the City’s affordable housing stock and provide homeless services; and
WHEREAS, the City’s approved PLHA plan includes funding for Activities 1 and 6 of the eligibilities identified by HCD for PLHA funding; and WHEREAS, City Council has committed $465,000 in PLHA funding to Habitat for Humanity Yuba-Sutter for the construction of Merriment Village Phase I, an affordable housing complex; and
WHEREAS, Merriment Village is eligible for PLHA funding under Activity 1; and WHEREAS, the Sutter Yuba Homeless Consortium provides comprehensive homeless services within Yuba City; and
WHEREAS, the services provided by Sutter Yuba Homeless Consortium qualify for PLHA funding under Activity 6; and
WHEREAS, The City desires to award PLHA funding to Habitat for Humanity YubaSutter and the Sutter Yuba Homeless Consortium.

NOW, THEREFORE BE IT RESOLVED AND ORDERED by the City Council of the City of Yuba City as follows:
(1) The City Council hereby approves the two subrecipient agreements for the City’s 2020 and 2021 Permanent Local Housing Allocation funding, subject to approval as to legal form by the City Attorney; and
(2) The City Council hereby authorizes the City Manager, or designee to enter into the two subrecipient agreements with Habitat for Humanity Yuba-Sutter and the Sutter Yuba Homeless Consortium for the Permanent Local Housing Allocation funding, subject to approval as to legal form by the City Attorney; and
(3) The City Council further hereby authorizes the Finance Director to provide budget appropriation to receive grant funds, a supplemental appropriation for program expenditures, and a supplemental appropriation to transfer funds for administrative costs as related to the Permanent Local Housing Allocation funding.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February 2025.

01248.0005/747906.1
AYES:

NOES:

ABSENT:

ATTEST:

Dave Shaw, Mayor
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

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

12 ATTACHMENT 2

12 AGREEMENT NO.

CITY OF YUBA CITY

PERMANENT LOCAL

HOUSING ALLOCATION
(PLHA)

SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this day of 2025 by
and between the City of Yuba City, California, a municipal corporation, (GRANTEE) and H a b i t a t f o r H u m a n i t y Y u b a - S u t t e r (SUBRECIPIENT).

WHEREAS, the California Department of Housing and Community Development, hereinafter “HCD”, is authorized Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation ("PLHA") Program ("Program"), to provide funding Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") under a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program.

WHEREAS, GRANTEE is a recipient of PLHA funding for use in funding eligible activities to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with City Resolution No. 20-080, desires to provide PLHA funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 25-, the City Manager is authorized to execute PLHA Agreement, on behalf of GRANTEE, that are within available allocated PLHA funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on ____________,2025, unless terminated earlier pursuant to the terms of this Agreement, shall continue until October 13, 2026. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of PLHA funds or other PLHA assets, including Program Income.

2. SCOPE OF WORK

12 SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the PLHA requirements and in a manner that meets the statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.

3. RECORDS AND REPORTS
On an annual basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall maintain all records required by the State 2019 PLHA Final Guidelines specified in Section 500 and 501 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the PLHA program eligible activities;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with PLHA assistance;
e) Records documenting compliance with the Housing First practices in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8);
f) Financial records as required by HSC Section 50470, subdivision (d).

Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3), and
g) Other records necessary to document compliance in accordance with HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3) SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:

12 • If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and PLHA requirements.

SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.

4. METHOD OF PAYMENT
Grant funds shall be disbursed to SUBRECIPIENT in accordance with the conditions of disbursement set forth by the City through the Covenant and Loan Agreement Merriment Village (Phase I), dated July 11, 2024. SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of PLHA funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed four-hundred and sixty-five thousand and 00/100 dollars ($465,000). This funding includes $229,713.33 from City’s 2020 PLHA Allocation, and $235,286.67 from the 2021 PLHA Allocation.

SUBRECIPIENT understands and agrees the availability of PLHA funds is subject to the control HCD, or other state agencies and should the PLHA funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate PLHA funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).

5. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.

SUBRECIPIENT shall establish and maintain effective internal control over PLHA funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

12 SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

SUBRECIPIENT is prohibited from using PLHA funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all state awards received and expended and the state programs under which they were received, including:
• The Program title and number,
• State award identification number and year,
• Name of the State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and

12 • Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.

6. ACCESS TO RECORDS
Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records, and accounts by the Grantee, HCD or its agent, or other authorized State officials for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein.

7. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any PLHA funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

8. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to PLHA activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a PLHA-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a PLHA-assisted activity, or with respect to the proceeds of the PLHA-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

9. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs

12 that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.

Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).

A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

10. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;

12 • Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of PLHA funds, including PLHA program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any PLHA proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;
• any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with PLHA funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with PLHA funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE a
percentage of the current fair market value of the property equal to the percentage of PLHA funds expended to the overall acquisition and improvement cost of the property.

11. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.

Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to

12 SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

12. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.

13. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

14. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement , SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT agrees to comply with the requirements of Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth by GRANTEE in Section 9 of the Covenant and Loan Agreement Merriment Village (Phase I), dated July 11, 2024.

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be

12 subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

15. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE’s express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE’s employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

16. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT’s obligations under the preceding sentence shall apply regardless of whether GRANTEE or any

12 of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

17. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the following contract representatives:

GRANTEE
City of Yuba City
Benjamin Moody
Public Works &
Development Services
Director
1201 Civic Center Blvd
Yuba City, CA 95993
530-822-4783
[email protected]

SUBRECIPIENT
Habitat for Humanity Yuba-Sutter
Joseph Hale
CEO
202 D Street
Marysville, CA 95901
530-742-2727
[email protected]

12 18. AMENDMENTS
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with State or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

19. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

20. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

21. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

22. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

24. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and

13 remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

25. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

26. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

27. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

28. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

29. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Sutter County, California.

30. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

31. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.

Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

32. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor , mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may

14 enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

33. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

34. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.

35. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

36. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]

16 IN WITNESS WHEREOF, the parties have executed this Agreement at Sutter, California, the day and year first above written.

GRANTEE

CITY OF YUBA
CITY

SUBRECIPIENT

HABITAT FOR HUMANITY YUBA-SUTTER
Diana Langley, City Manager Joseph Hale, CEO
CITY:

City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Phone: 530-822-4602
SUBRECIPIENT:

Habitat for Humanity
Yuba-Sutter
202 D Street
Marysville, CA 95901
Phone: 530-742-2727
Attachments:

Exhibit A: Scope of Work

16 Exhibit A:

Merriment Village Phase I: Scope of Work

1. Construction and Rehabilitation Detail:

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

PLHA Subrecipient Agt 1
ATTACHMENT 3

PLHA Subrecipient Agt 1
AGREEMENT NO.

CITY OF CITY YUBA

PLHA SUBRECIPIENT

AGREEMENT
THIS AGREEMENT, entered this day of 2025 by
and between the City of Yuba City, California, a municipal corporation, (GRANTEE) and Sutter Yuba Homeless Consortium (SUBRECIPIENT).

WHEREAS, the California Department of Housing and Community Development, hereinafter “HCD”, is authorized Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation ("PLHA") Program ("Program"), to provide funding Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") under a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program.

WHEREAS, GRANTEE is a recipient of PLHA funding for use in funding eligible activities to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with City Resolution No. 25-___, desires to provide PLHA funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 25-, the City Manager is authorized to execute PLHA Agreement, on behalf of GRANTEE, that are within available allocated PLHA funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on February __, 2025 unless terminated earlier pursuant to the terms of this Agreement, shall continue until June 30, 2029 The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of PLHA funds or other PLHA assets, including Program Income.

2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

2 SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the PLHA requirements and in a manner that meets the statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.

3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall ensure the PLHA grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
• SUBRECIPIENT NAME:
• Subrecipient ID(DUNS):
• State Award Identification Number: (PLHA Grant#)
• State Award Date:
• Period of Performance:
• Federal/State Funds Obligated by this Agreement:
• Federal/State Award project description:
• Name of State awarding agency: Dept. of Housing and Community Development
• Award Official Contact Information: Name and Address
• Funding Name: Permanent Local Housing Allocation
SUBRECIPIENT shall maintain all records required by the State October 2019 PLHA Final Guidelines specified in Section 500 and 501 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the PLHA program eligible activities;

3 c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with PLHA assistance;
e) Records documenting compliance with the Housing First practices in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8);
f) Financial records as required by HSC Section 50470, subdivision (d).

Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3), and
g) Other records necessary to document compliance in accordance with HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3) SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and PLHA requirements.

SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.

4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with an approved Proposed Budget by City and to be attached hereto as Exhibit "B'' and incorporated herein. SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of PLHA funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Two hundred twenty-nine thousand, seven hundred thirteen dollars and 32/100 ($229,713.32).

SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form

4 acceptable to GRANTEE, on a quarterly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.

GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within thirty business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.

All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured PLHA funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.

An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of PLHA funds is subject to the control HCD, or other state agencies and should the PLHA funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate PLHA funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).

5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of PLHA funds governed by this Agreement shall be considered PLHA program income. All PLHA program income shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all PLHA program income is reserved specifically for services outlined in the Reuse Plan and is subject to the terms of this Agreement.

6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.

5 SUBRECIPIENT shall establish and maintain effective internal control over PLHA funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

SUBRECIPIENT is prohibited from using PLHA funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all state awards received and expended and the state programs under which they were received, including:

6 • The Program title and number,
• State award identification number and year,
• Name of the State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.

7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.

SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.

GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.

8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any PLHA funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a

7 parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to PLHA activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a PLHA-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a PLHA-assisted activity, or with respect to the proceeds of the PLHA-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.

8 Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).

A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of PLHA funds, including PLHA program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any PLHA proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;

9 • any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with PLHA funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with PLHA funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the a
percentage of the current fair market value of the property equal to the percentage of PLHA funds expended to the overall acquisition and improvement cost of the property.

12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.

Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.

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14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement , SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT agrees to comply with the requirements of Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200.324 and 2 CFR Part 200.325 Bonding and Insurance.

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE’s express written consent. Except to the extent

l l
otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE’s employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT’s obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective

12 on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the following contract representatives:

GRANTEE
Benjamin Moody
Public Works & Development
Services Director
1201 Civic Center Blvd
Yuba City, CA 95993
[email protected]
530-822-4783

SUBRECIPIENT
Johnny Burke
Executive director
PO Box 3642
Yuba City, CA 95992
[email protected]
530-632-5761

19. AMENDMENTS
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with State or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining

13 provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

14 30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Sutter County, California.

31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.

Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal

15 or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.

36. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]

16 Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSEDBUDGET
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.

GRANTEE

CITY OF YUBA
CITY

SUBRECIPIENT

SUTTER YUBA HOMELESS CONSORTIUM
Diana Langley, City Manager Johnny Burke, Executive Director

16 EXHIBIT A
Scope of Work
The Sutter Yuba Homeless Consortium is recognized by the U.S. Department of Housing and Urban Development as the region's Continuum of Care (CoC). The purpose of the CoC is to provide a strategic approach to the planning and management of a range of resources to address the needs of families and individuals that are currently experiencing homelessness or who are at risk of becoming homeless.

The CoC is responsible for ensuring that all programs funded under state and federal funding programs meet all the requirements and that the Coordinated Entry System operates to HUD standards. The Coordinated Entry System is a HUD-mandated system developed to ensure that all people experiencing homelessness in the community have fair and equal access to homeless services. The Coordinated Entry System identifies, assesses, refers, and connects homeless individuals and/or families to housing and assistance based on each individual's strengths and needs. The goal of the Coordinated Entry System is to prioritize available assistance to the most vulnerable in the community.

Rapid Re-Housing is a popular housing model identified by HUD, a model where individuals and families who are literally homeless are provided financial assistance to be rapidly housed with no preconditions or requirements. Bridges to Housing, The Salvation Army, and other organizations provide this type of service. The RRH providers are able to provide services to persons who are experiencing homelessness or at risk of homelessness with services such as utility assistance, rental deposits, moving fee assistance, application fees, short-term and medium-term rental assistance, and other supportive services.

Emergency Shelter is a necessary temporary housing intervention. With 418 people identified as homeless in Sutter County according to the 2023 PIT Count, only 101 resided in emergency shelters or transitional housing. The Regional Emergency Shelter Team provides a seasonal, nomadic shelter to singles and families experiencing homelessness in both Sutter and Yuba Counties. Better Way provides a year round safe space to individuals and couples who are Sutter County residents experiencing homelessness. Hands of Hope, in collaboration with Habitat for Humanity, will be offering drop in emergency shelter services at the Life Advancement Center beginning in 2025.

The Sutter Yuba Homeless Consortium has identified affordable housing, homeless prevention and post-housing case management as current gaps in services. The Coordinated Entry System, Emergency Shelter and Rapid Rehousing programs help close these gaps in services. The Coordinated Entry System allows individuals and families to receive case management and supportive services from community agencies at two locations, removing barriers the clientele faces when attempting to obtain permanent housing. Hands of Hope is the organization that staffs Coordinated Entry in Sutter County, while the Sutter Yuba Homeless Consortium oversees the intake system, referrals, and classes offered. Emergency shelter provides immediate, temporary shelter and case management. Rapid Re-housing provides the financial need many homeless individuals and families have in securing safe, sustainable housing.

All programs administered and funded through the Sutter Yuba Homeless Consortium are provided in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8225(b)(8).

16 EXHIBIT B
Proposed Budget

16

16

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Senior Engineer
Summary
Subject: Landscape Maintenance Agreement - 728 Colusa Avenue (Southeast corner of State Route 20 and Clark Avenue)
Recommendation: Adopt a Resolution which makes the following actions:

A. Adopts a finding of Class 1 Categorical Exemtion for the project per CEQA Guidelines Section 15301 (Existing Facilities)
B. Authorizes the execution of a Landscape Maintenance Agreement with the State of California for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue
C. Authorizes the execution of a Landscape Maintenance Agreement with the property owner of 728 Colusa Avenue, Clark and 20 Development, LP, for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue
Fiscal Impact: None – The City will pass on the responsibilities and costs of maintenance to the property owner through the execution of the Landscape Maintenance Agreement Purpose:

To provide for maintenance of sidewalks and associated improvements installed in the State of California Department of Transportation’s (Caltrans’) right-of-way within City limits.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goal of being business friendly, as the City’s participation in these agreements will allow the developer to meet requirements set forth by Caltrans.

Background:

Commercial development at 728 Colusa Avenue, located at the southeast corner of State Route 20 and Clark Avenue, included improvements along the State Route 20 (Colusa Avenue) frontage in the State right-of-way. These improvements included curb, gutter, sidewalk, driveway, and plantings (collectively the “Landscaping”), subject to State standards of maintenance. Caltrans requires the execution of a Landscape Maintenance Agreement directly with the City to ensure that the “Landscaping” constructed

within State right-of-way are maintained in accordance with those standards.

Analysis:

The attached agreement (Exhibit A, Attachment 1) with Caltrans ensures that the “Landscaping” within state right-of-way will be maintained in a neat and attractive manner by the City. If the City were to fail to meet the terms of the Agreement, the State could take over the maintenance functions or require that the right-of-way be restored to its prior condition at the City’s expense.

The City will pass on the actual and fiscal responsibilities assigned to the City through the Caltrans agreement to the property owner of 728 Colusa Avenue through the execution of a Landscape Maintenance Agreement with the property owners (Exhibit B, Attachment 1). This will satisfy the City’s requirements as the responsible party according to the State’s standards. If the property owners were to fail to meet the terms of the Agreement, the City reserves the right to take over the maintenance functions at the property owners’ expense, including a 30% administration fee.

Fiscal Impact:

There is no fiscal impact to the City. The City will pass on the responsibilities and costs of facilities maintenance to the property owner through the execution of the Landscape Maintenance Agreement.

Alternatives:

Do not enter into the agreements with the State and/or property owner. This will impact the development of the property. Failure to enter into these agreements would leave the City responsible for maintaining the facility improvements.

Recommendations:

Adopt a Resolution which makes the following actions:

A. Adopts a finding of Class 1 Categorical Exemtion for the project per CEQA Guidelines Section 15301 (Existing Facilities)
B. Authorizes the execution of a Landscape Maintenance Agreement with the State of California for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue.

C. Authorizes the execution of a Landscape Maintenance Agreement with the property owner of 728 Colusa Avenue, Clark and 20 Development, LP, for the maintenance of developed property within State Route 20 right-of-way associated with 728 Colusa Avenue.

Attachments:

1. Resolution - Landscape Maintenance Agreement - 728 Colusa Avenue

2. Exhibit A - (DRAFT) Landscape Maintenance Agreement with State of California

3. Exhibit B - (DRAFT) Landscape Maintenance Agreement with Property Owner 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

AUTHORIZING THE EXECUTION OF LANDSCAPE MAINTENANCE AGREEMENTS WITH THE STATE OF CALIFORNIA AND PROPERTY OWNER OF 728 COLUSA

AVENUE FOR MAINTENANCE OF DEVELOPED PROPERTY WITHIN STATE ROUTE 20 RIGHT-OF-WAY ASSOCIATED WITH 728 COLUSA AVENUE WHEREAS, through the commercial development of 728 Colusa Avenue, on the south side of State Route 20 and east side of Clark Avenue, the property owner has constructed improvements including curb, gutter, sidewalk, driveway, and plantings (collectively the “Landscaping”) within State right-of-way; and WHEREAS, the State of California, through the Department of Transportation, requires an agreement with the City of Yuba City regarding the maintenance of said improvements; and
WHEREAS, the City desires to pass the responsibilities and costs of the maintenance to the property owner and therefore requires an agreement with the property owner.

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

Section 1. The City has performed a preliminary environmental assessment and the City Council finds and determines that this project is subject to a Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as these contracts are for the installation of curb, gutter, sidewalk, driveway, landscaping, and irrigation systems in an existing right of way, which will result in negligible or no expansion of capacity. The sidewalks will connect to existing or planned sidewalks. The landscaping and associated irrigation associated with the project will blend with landscaping at the site and is associated with existing facility improvements. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

Section 2. The City Council of the City of Yuba City authorizes and directs the Mayor to execute on behalf of the City of Yuba City the Landscape Maintenance Agreement between the City and State of California, consistent with the material terms and conditions in the draft agreement attached as a part of this Resolution as Exhibit A, subject to review and approval as to legal form by the City Attorney.

Section 3. The City Council of the City of Yuba City authorizes and directs the Mayor to execute on behalf of the City of Yuba City the Landscape Maintenance Agreement between the City and property owner, consistent with the material terms and conditions in the draft agreement attached as a part of this Resolution as Exhibit B, subject to review and approval as to legal form by the City Attorney.

Section 4. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February, 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

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

A. Exhibit A – (Draft) Landscape Maintenance Agreement with State of California B. Exhibit B – (Draft) Landscape Maintenance Agreement with Property Owner

EXHIBIT A

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
1 LANDSCAPE MAINTENANCE AGREEMENT
WITH

THE CITY OF YUBA CITY
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Yuba City; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Encroachment Permit Number 0320-6CD1258.

2. This Agreement addresses CITY responsibility for the curb, gutter, sidewalk, driveway, and plantings (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 20, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibility includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State
DRAFT
of California, to install and thereafter

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
2 MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1.CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement including.

6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair, or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical
DRAFT
spray operations shall be reported quarterly (Form

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
3 LA17) to the STATE to: District 3 Maintenance at 703 B Street Marysville, CA 95901.

6.6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2.If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

DRAFT

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
4 9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5.PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-

7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

10.INSURANCE
DRAFT

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
5 10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of SelfInsurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

11. TERMINATION - This Agreement may be terminated by mutual written consent of PARTIES, and by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

DRAFT

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
6 PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF YUBA CITY STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen

TOKS OMISHAKIN
Director of Transportation

Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District 3
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
Asto Form and Procedure:

By: _____________________________
Attorney
Department of Transportation

DRAFT

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
DRAFT

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COLUSA AVE

CITY MAINTAINS AT CITY

EXPENSE

CITY MAINTAINS LANDSCAPING

AT CITY EXPENSE

STATE RIGHT-OF-WAY LINE
N.T.S � PROJECT

LOCATION
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VICINITY
N.T.S.

EXHIBIT A
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1" = 30'

MAINTENANCE AGREEMENT DATE
1000 LINCOLN ROAD, STE. H202, YUBA CITY, CA 95991
TEL (530) 755-4700 FAX (530) 755-4567
WITH CITY OF YUBA CITY - 03-SUT-20 PM 16.2 1---_
10_-s_-2
_
1 ---1
ENCROACHMENT PERMIT 0320-6CD1258 SHEET
1 OF 1
DRAFT

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
1 EXHIBIT B – STATEMENT OF SELF INSURANCE FOR CITY OF YUBA CITY California Department of Transportation _______20__
703 B Street
Marysville, CA 95901
ATTN: Thomas Mutunga, District 3 Maintenance Project Delivery Liaison

CITY OF YUBA CITY
Department of Finance
RE: Statement of Self Insurance for City of Yuba City (“CITY”) Related to Landscape Maintenance Agreement with the State of California, acting by and through the Department of Transportation, (“STATE”) for improvements along STATE Route 20 in the County of Sutter at Post Mile 16.20, LMA-City of Yuba City-03-SUT-020-PM 16.20 (“Landscape Maintenance Agreement”).

Dear Mr. Mutunga,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering thirdparty claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-inline regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER
DRAFT

EXHIBIT B

LANDSCAPE MAINTENANCE AGREEMENT
728 COLUSA AVENUE
THIS AGREEMENT is made and entered into this _____ day of ____________, 20____, by Clark & 20 Development, L.P, hereinafter designated “OWNER,” and the City of Yuba City, a Municipal Corporation, located in the County of Sutter, State of California, hereinafter designated “CITY.”
WHEREAS, OWNER is the owner of certain property in the City described as Assessor Parcel Number (APN): 52-151-016, located at 728 Colusa Avenue in Yuba City.

The property is as described as “Lot B” in Sutter County Document No. 2021-0016676 attached as Exhibit 1, and incorporated by reference (“OWNER’s Properties”); and WHEREAS, OWNER desires to maintain the landscaping of the property located in the right of way of the State of California (“State”) along State Route 20 and which is located adjacent to OWNER’s property, and which is depicted on Exhibit 2 (“Landscape Maintenance Area”); and
WHEREAS, the CITY entered into an agreement authorized by the City Council on January 21, 2024, titled “LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF YUBA CITY”, attached as Exhibit 3, hereinafter designated “State Agreement” with the State, through the Department of Transportation, in which the CITY agreed to do the following:

1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) preapproved by STATE.

2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.
a. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.
b. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” of the State Agreement are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for

water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement including.
a. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
b. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. c. To expeditiously MAINTAIN, replace, repair, or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 3 Maintenance at 703 B Street Marysville, CA 95901.

6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

NOW, THEREFORE, CITY and OWNER mutually agree as follows:

1. OWNER, at OWNER’s expense, shall be responsible for CITY’s obligation as outlined in the State Agreement attached as Exhibit 3 for the Landscape Maintenance Area which is located adjacent to OWNER’s Property.

2. If OWNER fails to perform the landscaping maintenance obligations pursuant to the State Agreement, the CITY shall have the right, but not the obligation, to do so; provided the CITY first provides thirty (30) days prior written notice to the OWNER of their intention to do so and the OWNER has not commenced to cure

such failure to perform the maintenance obligations during that time, and thereafter, in the CITY’s reasonable judgment, the OWNER has failed to pursue completion of such cure within a reasonable time. The CITY shall be entitled to reimbursement by the OWNER in an amount equal to the actual costs incurred by the CITY in performing the OWNER’s maintenance obligations, plus 30% to defray the CITY’s estimated oversight costs.

3. This Agreement is made upon the express condition that the CITY is to be free from all liability and claim for damages by reason of any injury to any person, including OWNER’s, agents, servants, or employees, or to any property of any kind by whomsoever belonging, including the OWNER, from any cause or causes whatsoever while in, upon or in any way connected with the work to be done in said Agreement, and OWNER hereby covenants and agrees to indemnify and save the CITY, and its officials and employees, harmless from loss or liability, cost or obligation on account of or arising out of such injuries or damages or losses however occurring. The duty of indemnity of the CITY and its officials and employees by OWNER as in this paragraph provided, and as hereinafter stated, shall specifically include a duty to indemnify the CITY, its officials and employees when the same are concurrently actively negligent with OWNER. OWNER’s obligation to indemnify as hereinabove provided shall not extend to nor embrace indemnification of the CITY either from its sole negligence or from its willful misconduct, and in the event any loss and/or liability arises either from the sole negligence of CITY, its officers, agents and/or employees or from the willful misconduct of CITY, its officers, agents and/or employees, there shall be no obligation to indemnify under those circumstances.

4. OWNER agrees to indemnify and save harmless CITY, State, its officers, agents and employees from any claims, losses or obligations on account or arising out of the operations of OWNER in performing the landscape maintenance work called for by this Agreement which are claimed to cause a nuisance or injury or damage to persons or property OWNER on nearby land regardless of how such loss or claim might arise and OWNER specifically agrees to indemnify and save harmless CITY, State, its officers, agents and/or employees and officials from all costs and obligations in connection therewith including attorneys’ fees on account of or arising out of any such injury or losses however occurring.

5. In connection with the foregoing, OWNER agrees with CITY to take out comprehensive public liability and property damage insurance in the following amounts: comprehensive liability - $1,000,000 per occurrence; $2,000,000 in aggregate. OWNER shall cause CITY, State, its officers, agents, and employees to appear as an additional insured under said comprehensive liability policy and shall provide thereunder that CITY shall be advised of any cancellation of said insurance at least ten (10) days prior to such purported cancellation.

EXHIBIT 1
SUTTER COUNTY DOCUMENT NO. 2021-0016676

GRANT DEED, LEGAL DESCRIPTION, AND LOT LINE ADJUSTMENT EXHIBIT (LOT B, 728 COLUSA AVE)

EXHIBIT 2

LANDSCAPE MAINTENANCE AREA

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COLUSA AVE

CITY MAINTAINS AT CITY

EXPENSE

CITY MAINTAINS LANDSCAPING

AT CITY EXPENSE

STATE RIGHT-OF-WAY LINE
N.T.S � PROJECT

LOCATION
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EXHIBIT A
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MAINTENANCE AGREEMENT DATE
1000 LINCOLN ROAD, STE. H202, YUBA CITY, CA 95991
TEL (530) 755-4700 FAX (530) 755-4567
WITH CITY OF YUBA CITY - 03-SUT-20 PM 16.2 1---_
10_-s_-2
_
1 ---1
ENCROACHMENT PERMIT 0320-6CD1258 SHEET
1 OF 1

EXHIBIT 3

STATE AGREEMENT

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
1 LANDSCAPE MAINTENANCE AGREEMENT
WITH

THE CITY OF YUBA CITY
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Yuba City; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Encroachment Permit Number 0320-6CD1258.

2. This Agreement addresses CITY responsibility for the curb, gutter, sidewalk, driveway, and plantings (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 20, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibility includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
2 MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement including.

6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair, or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
3 LA17) to the STATE to: District 3 Maintenance at 703 B Street Marysville, CA 95901.

6.6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
4 9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5.PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-

7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

10.INSURANCE

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
5 10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of SelfInsurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

11. TERMINATION - This Agreement may be terminated by mutual written consent of PARTIES, and by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
6 PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF YUBA CITY STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor

TOKS OMISHAKIN
Director of Transportation

Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District 3
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
Asto Form and Procedure:

By: _____________________________
Attorney
Department of Transportation

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)

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MAINTENANCE AGREEMENT DATE
1000 LINCOLN ROAD, STE. H202, YUBA CITY, CA 95991
TEL (530) 755-4700 FAX (530) 755-4567
WITH CITY OF YUBA CITY - 03-SUT-20 PM 16.2 1---_
10_-s_-2
_
1 ---1
ENCROACHMENT PERMIT 0320-6CD1258 SHEET
1 OF 1

9/24/2021
City of Yuba City
Encroachment Permit 0320-6CD1258
03-SUT-020, PM 16.2
1 EXHIBIT B – STATEMENT OF SELF INSURANCE FOR CITY OF YUBA CITY California Department of Transportation _______20__
703 B Street
Marysville, CA 95901
ATTN: Thomas Mutunga, District 3 Maintenance Project Delivery Liaison

CITY OF YUBA CITY
Department of Finance
RE: Statement of Self Insurance for City of Yuba City (“CITY”) Related to Landscape Maintenance Agreement with the State of California, acting by and through the Department of Transportation, (“STATE”) for improvements along STATE Route 20 in the County of Sutter at Post Mile 16.20, LMA-City of Yuba City-03-SUT-020-PM 16.20 (“Landscape Maintenance Agreement”).

Dear Mr. Mutunga,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering thirdparty claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-inline regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,
Diona Pope
Finance Director

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2025 Water Rate Update
Recommendation: Adopt a Resolution approving the rates for water services at the 2016 Proposition 218 approved limits, until superseded by additional Council action Fiscal Impact: Estimated $450,000 in water revenue
Purpose:

To increase water service rates to the Proposition 218 limits established in 2016 in order to fund necessary operations, maintenance, and capital improvements.

Council’s Strategic Goals:

This item addresses Council’s strategic goals of Fiscal Responsibility, Infrastructure, and Public Safety by ensuring that the City provides safe and reliable drinking water at a reasonable customer rate that funds the rising costs of operations, maintenance, debt service, and capital improvements for the water treatment and distribution system.

Background:

Water and wastewater rates and fees are established by a Proposition 218 process and supported by a recurring rate study, which projects the revenue needs for the utility for five (5) years. The City’s last rate study and Proposition 218 process occurred in spring 2016. While the study projected revenue needs through Fiscal Year 20/21, City Council elected to set water and wastewater rates lower than the projections in response to economic and environmental factors, including COVID-19 and drought conditions. On June 15, 2021, Council set utility rates for a three-year span, and the last approved increase occurred on July 1, 2023.

Analysis:

Obligatory water and wastewater operating costs have risen significantly over the past few years, particularly for energy, chemicals, parts, and labor, which requires the City to capitalize on any available revenue possibilities to meet these funding needs. An approximate 2.65% increase remains for water service rates within the Proposition 218 limits. This proposed rate change will provide a considerable and necessary boost to the water revenue stream, which is under particular strain due to non-discretionary operational expenditures and capital improvement project needs.

A utilities rate study is underway to produce five-year revenue and expenditure projections, a financial plan, and recommend rates and fees for a Proposition 218 process. Public Works is on target to return to Council with the study in summer 2025 with further recommendations. Preliminary rate model results indicate that rate increases for both water and wastewater will be necessary to fund operational, capital improvement, and debt service requirements in the immediate future and will be recommended for the proposed Proposition 218 process.

In order to meet funding needs in the interim, Public Works recommends that Council increase the water service rates to the Proposition 218 maximums, effective March 1, 2025 (Attachment 1).

Adopting the proposed rates at this time will allow for cross-fiscal year flexibility for the new rate schedule adoption and implementation timing, as necessary. The current and proposed rates are shown in Table A.

Fiscal Impact:

Staff estimates approximately $450,000 in water sales revenue with a 2.65% rate increase per fiscal year. This equates to a $1.10 monthly increase for a typical single-family residence with a 1” meter.

The remaining available water revenue is critical to provide interim offset for operational costs until a Proposition 218 process and new rate schedule adoption can be completed.

Alternatives:

Do not approve the rate update and keep the current water rates, unless superseded by future Council action. This will keep revenues stagnant until the next Proposition 218 process and not address rising operational costs.

Recommendation:

Adopt a Resolution approving the rates for water services at the Proposition 218 approved limits, until superseded by additional Council action.

Attachments:

1. Resolution - 2025 Water Rate Update
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst III
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ESTABLISHING THE

WATER SERVICE RATES AND FEES UNTIL SUPERSEDED BY COUNCIL WHEREAS, on June 21, 2016, the City Council repealed and reenacted Chapter 6 of Title 6 (Water System) of the Yuba City Municipal Code, which included new water and wastewater rate maximums following a Proposition 218 process in accordance with California law; and WHEREAS, the amended Chapter 6 of Title 6 also included the provision that Council retain the authority to set the actual rates by Resolution, provided that they do not exceed the rates approved through the Proposition 218 process; and
WHEREAS, the Public Works Department has reviewed the projected operations, maintenance, capital improvement, and debt services expenditures for Fiscal Years 24/25 and 25/26 and recommends that all water service rates be raised to the approved Proposition 218 maximums, until superseded by additional Council action.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City that the water and wastewater rates shall be as follows, effective March 1, 2025:

Water Service Rates
Meter Size
Baseline
Allocation
(HCF)
Rates Effective
3/1/25
1” 15 $42.59
1-1/2” 30 $85.18
2” 60 $170.39
3” 240 $681.53
4” 480 $1,363.08
6” 900 $2,555.74
8” 2,100 $5,963.42
Flow Rate per
Excess HCF $2.137
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Classification and Compensation Study - Contract Amendment Recommendation: Adopt a Resolution approving Amendment No. 1 to the Professional Services Agreement with Koff & Associate, now a division of Gallagher Benefit Services, to conclude the classification and compensation study, and authorize the City Manager to execute the amendment following approval as to form by the City Attorney, with the finding that it is in the best interest of the City Fiscal Impact: $36,043.25 - Account No. 1720-62701 (Professional Services) Purpose:

To conclude the work completed to date on the classification and compensation study prepared by Koff & Associates, now a division of Gallagher Benefit Services.

Council’s Strategic Goal:

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

Background:

On June 21, 2022, the City Council authorized a contract with Koff & Associates in the amount of $208,425, for the preparation of a classification and compensation study. The study evaluated job descriptions, comparator agencies, benchmark classes, internal relationships, and benefits. The project began in late 2022 and is nearing completion.

Analysis:

The study was originally anticipated to take approximately eight months to complete. However, delays occurred and the number of comparators and benchmarks increased due to changes in bargaining unit agreements, resulting in additional work that was outside the original scope of work. Staff is requesting an amendment in the amount of $36,043.25 to cover the additional scope of work and conclude the study. Also, during the delay Koff & Associates became a division of Gallagher Benefit Services.

Fiscal Impact:
$36,043.25 - Account No. 1720-62701 (Professional Services)

Alternatives:

Do not approve and provide staff direction.

Recommendation:

Adopt a Resolution approving Amendment No. 1 to the Professional Services Agreement with Koff & Associate, now a division of Gallagher Benefit Services, to complete the classification and compensation study, and authorize the City Manager to execute the amendment following approval as to form by the City Attorney, with the finding that it is in the best interest of the City.

Attachments:

1. Resolution - Amendment No. 1 - Gallagher

2. Exhibit A - Amendment No. 1
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

GALLAGHER, FORMERLY KOFF & ASSOCIATES, TO CONCLUDE THE

CLASSIFICATION AND COMPENSATION STUDY, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AMENDMENT SUBJECT TO REVIEW AND

APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY
WHEREAS, on June 21, 2022, the City Council awarded a Professional Services Agreement to Koff & Associates, now Gallagher, to prepare a Classification and Compensation Study; and
WHEREAS, the scope of work increased as Gallagher (Koff & Associates) was asked to increase the number of comparator agencies and benchmarks due to changes in bargaining unit agreements; and
WHEREAS, the cost for the additional scope of work is $36,043.25; and WHEREAS, the City Council desires to amend the Professional Services Agreement with Gallagher to address the additional scope of work; and WHEREAS, such an amendment is in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. The City Council of the City of Yuba City authorizes the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with Gallagher (Koff & Associates) and finds that approval of such amendment is in the best interest of the City.

The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 18th day of February 2025.

AYES:

NOES:

ABSENT:
_____________________________
Dave Shaw, Mayor

ATTEST:
____________________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM:
_____________________________
Shannon Chaffin, Esq.

Aleshire & Wynder, LLP
Exhibit A – Amendment No. 1 to the Professional Services Agreement

ATTACHMENT 2

EXHIBIT A

AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES

KOFF & ASSOCIATES, A DIVISON OF GALLAGHER BENEFIT SERVICES Gallagher Benefit Services
P.O. Box 71696
Chicago, IL 60694-1696
SUBJECT: Amendment No. 1 to Scope of Services for Yuba City Classification and Compensation Study
This Amendment to the Agreement for Professional Services dated June 27, 2022, by and between the City of Yuba City (“City”) and Koff & Associates (“Consultant”).

Recitals
Whereas, by Professional Services Agreement dated June 27, 2022 (“Prime Agreement”), City entered into an agreement with Consultant for the preparation of a Classification and Compensation Study.

Whereas, the parties desire to amend the Prime Agreement to provide for additional scope of work.

Agreement
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as set forth herein.

1. Section 3, Compensation, of the Prime Agreement is amended to add the following:

For services rendered by Consultant under this Amendment No. 1 to the Prime Agreement as outlined above, Consultant’s compensation shall not exceed $244,468.25 without additional written authorization from the City.

2. A copy of the Prime Agreement is attached hereto as Exhibit A and, except as otherwise amended by this Amendment, the Prime Agreement is incorporated as though set forth in full herein.

3. Except as amended in this Amendment, the terms and conditions of the Prime Agreement shall remain the same and shall be in full force and effect. This Amendment is not effective until approved and executed by the City Manager.

CITY: CONSULTANT:

CITY OF YUBA CITY, a municipal corporation GALLAGHER BENEFIT SERVICES Diana Langley
City Manager Name:

Title:

Attachment:

Exhibit A: Prime Agreement

EXHIBIT A

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Sale and Transfer of Carryover Water Supply to San Gorgonio Pass Water Agency
Recommendation: A. Authorize the sale and transfer of up to 3,000 acre feet of carryover water to San Gorgonio Pass Water Agency
B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, and determination per CEQA Guidelines Sections 15282(u) (Temporary Changes in Point of Diversion), Water Code Section 1729 (Temporary Change Exemption), Section 15301 (Existing Facilities), and Section 15061(b)(3) (Common Sense Exemption), subject to approval as to legal form by the City Attorney or water counsel

C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents with the Department of Water Resources associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, subject to approval as to legal form by the City Attorney or water counsel
D. Authorize the Finance Director to deposit the revenue acquired by the sale and transfer of carryover water supply to San Gorgonio Pass Water Agency into Revenue Account No. 507-49010 (Water Operating – Other Revenue) Fiscal Impact: $675,000 Imbursement to Revenue Account No. 507-49010 (Water Operating – Other Revenue)
Purpose:

To authorize the sale and transfer of surplus carryover water from the City of Yuba City to the San Gorgonio Pass Water Agency.

Council’s Strategic Goal:

This item addresses Council’s Strategic Goal of Fiscal Responsibility by capitalizing on the opportunity

to sell and transfer carryover water supply due to favorable water surplus conditions.

Background:

Carryover water is the amount of permitted water allocation that is unused in a water supply system at the end of a water year after all water demands have been met. This water is typically stored in reservoirs, lakes, or underground aquifers and can be used to meet future water demand. The City’s annual water allocations and carryover water from the Feather River are managed by the Department of Water Resources through the State Water Project.

Yuba City currently has surplus carryover water allocation which is available for sale and transfer to another water agency, stored in the San Luis Reservoir; however, when the San Luis Reservoir reaches a predetermined height, the carryover water supply becomes null and void and the storage availability is reset to zero. The City has sufficient water supplies for the near future, which provides the City with the opportunity to sell excess carryover to interested agencies rather than potentially lose the stored carryover during a wet year.

Analysis:

The City’s water rights consultant, Zanjero, has developed a model of the City’s surface water supplies, which demonstrates that the City will have sufficient surface water from the Feather River to meet water demands during a period of five dry years (Attachment 3). Additionally, the City will have auxiliary water sources to supplement its primary water source, including the recently completed second groundwater well, the aquifer storage well that is in the early stages of construction, and water available for purchase from North Yuba Water Agency. Therefore, the transfer of carryover water will have no significant impact on the City’s water treatment and delivery operations for the foreseeable future.

San Gorgonio Pass Water Agency has expressed interest in acquiring additional water supplies from the City of an estimated 3,000 acre feet. A draft Transfer Agreement between the two State Water Project agencies is attached to authorize this sale, which requires execution by both Yuba City and the San Gorgonio Pass Water Agency, which will be reviewed and finalized by the Department of Water Resources and the water counsel for each agency (Attachment 4). The City will also need to execute documents directly with the Department of Water Resources regarding the sale and transfer. The sale and transfer will comply with all relevant state and federal water laws and regulations, including the California Environmental Quality Act (CEQA).

Yuba City’s water attorney and water rights consultant have negotiated a contract with the San Gorgonio Pass Water Agency to sell the carryover water at a price of $225 per acre foot of the City’s available surplus, up to 3,000 acre feet. The sale and transfer provide mutual benefit for both agencies.

All final documents will be reviewed and approved by the City’s water attorney prior to execution.

Fiscal Impact:

The Public Works Department anticipates a total of $675,000 in revenue from the sale and transfer of Yuba City carryover water supply, with the estimated sale of 3,000 acre feet. Staff recommends depositing the proceeds of the sale in the water operating revenue account (Account No. 507).

Alternatives:

Do not authorize the Public Works Director to execute documents transferring Yuba City carryover water supply to San Gorgonio Pass Water Agency and/or provide staff with further direction.

Recommendation:

A. Authorize the sale and transfer of up to 3,000 acre feet of carryover water to San Gorgonio Pass Water Agency.

B. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, and determination per CEQA Guidelines Sections 15282(u) (Temporary Changes in Point of Diversion), Water Code Section 1729 (Temporary Change Exemption), Section 15301 (Existing Facilities), and Section 15061(b)(3) (Common Sense Exemption), subject to approval as to legal form by the City Attorney or water counsel.

C. Adopt a Resolution authorizing the Public Works Director or designee to apply, accept, and execute all documents with the Department of Water Resources associated with the sale and transfer of up to 3,000 acre feet of Yuba City carryover water supply to San Gorgonio Pass Water Agency on behalf of the City, subject to approval as to legal form by the City Attorney or water counsel.

D. Authorize the Finance Director to deposit the revenue acquired by the sale and transfer of carryover water supply to San Gorgonio Pass Water Agency into Revenue Account No. 507-49010 (Water Operating – Other Revenue).

Attachments:

1. Resolution 1 - Carryover Water Transfer to San Gorgonio

2. Resolution 2 - DWR re Carryover Water Transfer to San Gorgonio

3. Attachment 3 - Yuba City Supply Model Memorandum

4. Attachment 4 - SGPWA - Yuba DRAFT Transfer Agreement V2 Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst III
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ___

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

PUBLIC WORKS DIRECTOR OR DESIGNEE TO APPLY, ACCEPT, AND EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE SALE AND TRANSFER OF UP TO 3,000 ACRE

FEET OF YUBA CITY CARRYOVER WATER SUPPLY TO SAN GORGONIO PASS WATER

AGENCY ON BEHALF OF THE CITY, AND DETERMINATION PER CEQA GUIDELINES SECTIONS 15282(U) (TEMPORARY CHANGES IN POINT OF DIVERSION), WATER CODE SECTION 1729 (TEMPORARY CHANGE EXEMPTION), SECTION 15301 (EXISTING FACILITIES), AND SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) WHEREAS, the City is a retail water agency that provides water service to its customers; and WHEREAS, San Gorgonio Pass Water Agency (SGPWA or Agency) is a regional water agency that provides water on a wholesale basis to retail water providers and other public agencies within its service area; and
WHEREAS, the City has a long-term water supply contract (“Water Supply Contract”) with the Department of Water Resources of the State of California (“DWR”) that permits the City to receive water supply, storage and conveyance services from the State Water Project (“SWP”). The City has a contractual right to the delivery of 9,600 acre-feet (“AF”) per year (“AFY”) of water from the SWP in its Water Supply Contract; and
WHEREAS, SGPWA has a long-term water supply contract (“Water Supply Contract”) with the Department of Water Resources of the State of California (“DWR”) that permits SGPWA to receive water supply, storage and conveyance services from the State Water Project (“SWP”). SGPWA has a contractual right to the delivery of 17,300 acre-feet (“AF”) per year (“AFY”) of water from the SWP in its Water Supply Contract; and
WHEREAS, the City’s and SGPWA’s respective Water Supply Contracts allow for the transfer of SWP water under certain conditions and subject to DWR approval. Specifically, Article 56(c) provides for the transfer of Article 56 Carryover Water from the CITY to another SWP contractor such as SGPWA, in accordance with Article 56(c)(4); and WHEREAS, in 2025, DWR approved an allocation of water to the City of 25% of the “Table A Amount,” as that term is defined by the State Water Contract. City has Article 56 Carryover Water available to it after its 2024 water use; and
WHEREAS, the Carryover Water is stored in the San Luis Reservoir; however, when the San Luis Reservoir reaches a predetermined height, the Carryover Water supply becomes null and void and the storage availability is reset to zero; and
WHEREAS, the City’s five-year water model has projected sufficient surface water supplies to meet the City’s water demands for the period without the exhaustion of excess Carryover Water nor significant impact to the City’s water treatment and distribution operations; and WHEREAS, the SGPWA has expressed interest in acquiring additional water supplies from the City; and
WHEREAS, DWR has provided a SWP Transfer Agreement (Agreement) to facilitate the transfer, which requires execution by both the City and the San Gorgonio Pass Water Agency; and

WHEREAS, the City Council now desires to transfer up to 3,000 AF of Carryover Water to SGPWA in 2025, subject to the terms and conditions of the Transfer Agreement (Agreement); and
WHEREAS, the City Council has environmentally assessed the proposed Agreement and transfer of Carryover Water as required by the California Environmental Quality Act (CEQA): and WHEREAS, the City Council desires to authorize the Public Works Director (or designee) to enter into an Agreement and to take any other actions necessary to facilitate the transfer of 3,000 acre feet of Yuba City Carryover Water supply to SGPWA at the price of price of $225 per AF.

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

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

2. CEQA. The execution of the Agreement effectuating the transfer and exchange of SWP Water from the City to the Agency is statutorily exempt from substantive CEQA review under State CEQA Guidelines section 15282(u) and Water Code Section 1729, which exempts temporary changes in the point of diversion, place of use, of purpose of use due to a transfer or exchange of water or water rights. Here, the proposed Project involves the exchange of a certain amount of the City’s SWP Carryover Water for the year 2025. The Project merely changes the delivery location, and does not involve construction of any additional facilities to service the Project. As the Project involves a one-year exchange, it also satisfies the definition of “temporary change” pursuant to Water Code Section 1728.

Additionally, the Project is categorically exempt from environmental review under CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1 – Existing Facilities), which exempts from further CEQA review the operation of existing public structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Project will use existing water storage and conveyance facilities and will not require the construction of additional facilities to transfer water to the Agency pursuant to the terms of the Agreement.

Finally, the Project is exempt pursuant to State CEQA Guidelines Section 15061(b)(3) which exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Project involves the transfer of an existing allocation of water within existing facilities.

3. Authorization. The City Council authorizes the Public Works Director (or designee) to enter into an Agreement and to take any other actions necessary to facilitate the transfer of up to 3,000 AF of Carryover Water to San Gorgonio Pass Water Agency at the price of $225 per acre foot prior to June 30, 2025, subject to approval as to legal form by the City Attorney or water counsel.

4. Effective Date. This Resolution shall take effect immediately upon adoption.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

RESOLUTION NO. ___

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

PUBLIC WORKS DIRECTOR OR DESIGNEE TO APPLY, ACCEPT, AND EXECUTE ALL

DOCUMENTS WITH THE DEPARTMENT OF WATER RESOURCES ASSOCIATED WITH THE TRANSFER OF UP TO 3,000 ACRE FEET OF YUBA CITY CARRYOVER WATER

SUPPLY TO SAN GORGONIO PASS WATER AGENCY ON BEHALF OF THE CITY WHEREAS, the City is a retail water agency that provides water service to its customers; and WHEREAS, San Gorgonio Pass Water Agency (SGPWA or Agency) is a regional water agency that provides water on a wholesale basis to retail water providers and other public agencies within its service area; and
WHEREAS, the City has a long-term water supply contract (“Water Supply Contract”) with the Department of Water Resources of the State of California (“DWR”) that permits the City to receive water supply, storage and conveyance services from the State Water Project (“SWP”). The City has a contractual right to the delivery of 9,600 acre-feet (“AF”) per year (“AFY”) of water from the SWP in its Water Supply Contract; and
WHEREAS, SGPWA has a long-term water supply contract (“Water Supply Contract”) with the Department of Water Resources of the State of California (“DWR”) that permits SGPWA to receive water supply, storage and conveyance services from the State Water Project (“SWP”). SGPWA has a contractual right to the delivery of 17,300 acre-feet (“AF”) per year (“AFY”) of water from the SWP in its Water Supply Contract; and
WHEREAS, the City’s and SGPWA’s respective Water Supply Contracts allow for the transfer of SWP water under certain conditions and subject to DWR approval. Specifically, Article 56(c) provides for the transfer of Article 56 Carryover Water from the CITY to another SWP contractor such as SGPWA, in accordance with Article 56(c)(4); and WHEREAS, in 2024, DWR approved an allocation of water to the City of 25% of the “Table A Amount,” as that term is defined by the State Water Contract. City has Article 56 Carryover Water available to it after its 2024 water use; and
WHEREAS, the SGPWA has expressed interest in acquiring additional water supplies from the City; and
WHEREAS, DWR has provided a SWP Transfer Agreement (Agreement) to facilitate the transfer, which requires execution by both the City and the SGPWA, which has been concurrently considered and approved by separate Resolution, including associated determinations as required by the California Environmental Quality Act (CEQA); and WHEREAS, in addition to the Agreement, the City will also need to execute documents directly with DWR to effectuate the transfer of the Carryover Water; and WHEREAS, the City Council now desires to authorize the Public Works Director (or designee) to apply, accept, and execute all documents with DWR associated with the transfer of 3,000 AF of Yuba City Carryover Water supply to SGPWA on behalf of the City.

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

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

2. CEQA. The City Council has concurrently considered, and adopted, as separate Resolution finding that the project is exempt per CEQA Guidelines Section 15282(u) (Temporary Changes in Point of Diversion), Water Code Section 1729 (Temporary Change Exemption), Section 15301 (Existing Facilities), and Section 15061(b)(3) (Common Sense Exemption).

3. Authorization. The City Council authorizes the Public Works Director (or designee) to apply, accept, and execute all documents with the Department of Water Resources associated with the transfer of up to 3,000 acre feet of Yuba City Carryover Water to San Gorgonio Pass Water Agency on behalf of the City, subject to approval as to legal form by the City Attorney or water counsel.

3. Effective Date. This Resolution shall take effect immediately upon adoption.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of February 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 3

701 University Avenue, Suite 205
Sacramento, California 95825
(916) 669-9357

MEMORANDUM
To: Benjamin Moody, Public Works and Development Services Director, City of Yuba City Philip Marler, Utilities Superintendent, City of Yuba City Christian Elder, Water Treatment Plant Supervisor, City of Yuba City Date: February 4, 2025
From: Robert Heather, E.I.T, Senior Resources Planner, Zanjero Subject: Analysis of Article 56 Sale during 2025
San Gorgonio Pass Water Agency has indicated a desire to purchase 3,000 AF of State Water Project (SWP) Article 56 carryover water from the City of Yuba City (City). A similar sale was attempted in 2023 for 3,999 AF of water. Zanjero has conducted a stress test of City water supplies utilizing the Decision Support Tool (DST). A 5-year severe drought analysis was incorporated into the scenario for the DST analysis, indicated by SWP allocations of 20%, 10%, 20%, 20% and 15%1respectively, as well as certain constraints on hydrologic availability with respect to the City’s appropriative water rights. DST results demonstrate the City’s capacity to maintain water service reliability through this period following a 3,000 AF sale of carryover water and would continue to maintain a positive carryover budget at the end of the 5-year drought period.

The objective of this analysis is to determine if 3,000 AF could be sold from the City’s SWP Article 56 account. To analyze the water supply reliability risk associated with this sale, a multi-year critically dry scenario was used as a basis to examine water service reliability. More information on the assumptions and results of the Transfer Analysis is presented below.

Conservative Assumptions
Supplies utilized are limited to the current portfolio available to the City. These include, • SWP Table A Annual Allocation (w/ NOD bump)
• SWP Carryover (beginning 2025)
• North Yuba Water District (NYWD) Contract Supplies
• License 13855
• Permit 18558
• Groundwater (WTP Well #1 only)

1 City of Yuba City’s allocations incorporate the North of Delta “Bump”. Effective allocations incorporated are 35%, 15% 35%, 35%, and 20%.

2025 Article 56 Sale Analysis

The following table provides the assumptions incorporated into the DST analysis. These assumptions are conservative with respect to water service reliability. That is, each assumption aims to conservatively characterize the supplies available to the City to meet unconstrained demands.

Table 1: Conservative Assumptions Incorporated
Assumption Element 2025 2026 2027 2028 2029
Effective SWP
Allocation (%) 35% 15% 35% 35% 20%
Additional NWYD
Supplies (Yes/No)
No No No No No
Appropriative Rights
(AF, % of recent
average)
8,595 (100%) 6,880 (80%) 6,991 (82%) 6,890 (80%) 6,854 (80%) Appropriative Rights
(% of Face Value) 55% 44% 45% 44% 44%
Term 91 (months) Jun – Nov May - Nov May - Nov May - Nov May - Nov Additional
Groundwater
Production (Yes/No)
No No No No No
City Demands Unconstrained Unconstrained Unconstrained Unconstrained Unconstrained City Demands (AF) 14,935 15,044 15,153 15,262 15,371
Historical SWP Allocation
The DST scenario incorporated would be unprecedented even with severe variability seen in SWP allocations since 2014 as shown in Figure 1.

2025 Article 56 Sale Analysis

Figure 1: Historical SWP allocations
As seen in the Figure, recent allocations have shown a higher degree of variability when compared to earlier allocations.

Additional NYWD Supplies
The City currently has a contract with NYWD which allows for the delivery of up to 4,500 AF. Although there may a method to make more NYWD water available to the City, the analysis conservatively assumes that only the current contractual amount of 4,500 AF is available.

Appropriative Rights and Term-91
Information from the City’s 2014 – 2023 appropriative water rights were incorporated into the analysis.

Water allocated in the analysis under the City’s appropriative rights were compared to historical values from 2014-2023 for applicability. As shown in the table above, the values incorporated are generally less than the historical average (8,600 AF) which provides for the conservative approach in the methodology.

Term-91 is assumed to be enacted May through November, with the exception of 2025 which limits the imposition to June through November.

Additional Groundwater Production Capacity
Existing infrastructure is utilized in the analysis, limiting the total groundwater production capacity to WTP Well #1 only. As a conservative assumption, the recently operational WTP Well #2 is assumed to not be available as a supply to the City.

2025 Article 56 Sale Analysis

City Retail Demands
Demands were obtained from the City’s 2020 Urban Water Management Plan and investigated for applicability. It was determined that no adjustments to these demands were warranted. As such, these demands were incorporated into the analysis without adjustments.

Results
Results indicate the City’s ability to transfer 3,000 AF of SWP Article 56 water during 2025 while maintaining water service reliability for the period 2025 – 2029. The available SWP Article 56 (carryover water) available to the City at the conclusion of 2029 amounts to 3,080 AF. The following figure provides the supplies utilized in meeting the project demands, along with the customer demands incorporated into the analysis.

Figure 2: Supplies and Demands in Transfer Analysis

ATTACHMENT 4

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TRANSFER AGREEMENT
This Transfer Agreement (“Agreement”) is made and entered into as of February ____, 2025 (“Effective Date”), by and between the CITY OF YUBA CITY, a municipal corporation (“CITY”) and the SAN GORGONIO PASS WATER AGENCY, a public agency (“SGPWA”). CITY and SGPWA are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. CITY provides retail water service to its customers. SGPWA is a regional water agency that provides water on a wholesale basis to retail water providers and other entities within its service area.

B. CITY has a long-term water supply contract (“Water Supply Contract”) with the Department of Water Resources of the State of California (“DWR”) that permits CITY to receive water supply, storage and conveyance services from the State Water Project (“SWP”).

CITY has a contractual right to the delivery of 9,600 acre-feet (“AF”) per year (“AFY”) of water from the SWP in its Water Supply Contract.

C. SGPWA has a Water Supply Contract with DWR that permits SGPWA to receive water supply, storage and conveyance services from the SWP. SGPWA has a contractual right to the delivery of 17,300 AFY of water from the SWP in its Water Supply Contract.

D. The CITY’s and SGPWA’s respective Water Supply Contracts allow for the transfer of SWP water under certain conditions and subject to DWR approval. Specifically, Article 56(c) provides for the transfer of Article 56 Carryover Water from CITY to another SWP contractor such as SGPWA, in accordance with Article 56(c)(4).

E. In 2025, CITY has Article 56 Carryover Water available to it after its 2024 water use and has agreed to transfer up to 3,000 AF of this water (“Transfer Water”) to SGPWA in 2025, subject to the terms and conditions hereinafter set forth (“Transfer”).

F. The Parties wish to enter into this Agreement to address water supply needs for this current year. The Parties desire to work collaboratively to provide for the efficient use of water supplies, in areas of the state where water supplies are needed.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and the promises and covenants contained herein, the Parties agree as follows:

1. Term. Subject to DWR’s approval, the term of this Agreement shall commence on the Effective Date and terminate on June 30, 2025, or upon satisfaction of the Parties’ respective obligations pursuant to this Agreement, whichever is sooner (“Term”).

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2. Transfer and Release of Transfer Water in 2025. CITY shall take any and all actions necessary to make all of the Transfer Water available at the Point of Transfer, as defined in Paragraph 3, prior to June 30, 2025. SGPWA shall take as much Transfer Water at the Point of Transfer as is available under the terms of this Agreement, based upon operations of San Luis Reservoir and before any spill of San Luis Reservoir.

3. Point of Transfer
(a) Both Parties have access to water supplies and conveyance capacity in the California Aqueduct and San Luis Reservoir facilities, which are part of the SWP. For accounting and operational purposes, it is hereby acknowledged that the Transfer will be made in San Luis Reservoir, which shall be deemed to be the “Point of Transfer” of the Transfer Water.
(b) Neither Party is making any representation or warranty concerning the quality of the water transferred under this Agreement.

4. Cooperation in Obtaining DWR Approvals
(a) The Parties will take the necessary actions to fulfill their respective obligations, including but not limited to their respective obligations in coordinating with DWR to obtain DWR’s approval of the Transfer.
(b) As soon as practicable after the Effective Date, CITY will submit a request to DWR that DWR deliver the Transfer Water to SGPWA pursuant to the delivery schedule agreed upon by the Parties. CITY will coordinate with DWR to confirm the quantity of Transfer Water available for delivery to SGPWA pursuant to this Agreement. (c) The Parties will cooperate as follows:
(i) Coordination with DWR for processing and obtaining DWR approvals necessary for the approval and implementation of this Agreement. (ii) Coordination with DWR for delivery of the Transfer Water. (iii) CITY, in coordination with SGPWA, will submit the water delivery schedule to DWR for delivery of the Transfer Water.

5. Water Availability. SGPWA will coordinate with DWR to track Transfer Water availability before any spill occurs at San Luis Reservoir. SGPWA has no obligation to pay for any Transfer Water that is not available and released from San Luis Reservoir to SGPWA due to the operations of the SWP that cause San Luis Reservoir to spill. CITY has no obligation to provide SGPWA water to make up for any portion of the Transfer Water that is unavailable due to the operations of the SWP that cause San Luis Reservoir to spill.

6. Article 21 Water. If DWR makes “Article 21 Water” available during the Term of this Agreement, SGPWA will prioritize the delivery of the available Article 21 Water, which will

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result in suspending or reducing the delivery of Transfer Water as necessary. Once the availability of Article 21 Water ends, SGPWA will resume delivery of any remaining Transfer Water that did not spill.

7. Payment and Reconciliation
(a) The purchase price for Transfer Water shall be Two Hundred and Twenty-Five Dollars ($225.00) per AF.
(b) Within thirty (30) days after SGPWA has acquired all Transfer Water that will be available by June 30, 2025, or at the conclusion of the Transfer of the full amount of Transfer Water during the Term, SGPWA shall pay CITY the purchase price for all Transfer Water available and released from San Luis Reservoir to SGPWA. The total cost shall be calculated by multiplying the purchase price per AF by the total acre-feet of Transfer Water available and released from San Luis Reservoir to SGPWA.

8. Costs and Expenses
(a) SGPWA will be responsible for the following costs and expenses:
(i) Costs and expenses in connection with taking delivery of the Transfer Water at the Point of Transfer.
(ii) DWR’s variable charges for conveying the Transfer Water from the Point of Transfer to SGPWA’s service area.
(iii) SGPWA’s internal and transaction costs in connection with SGPWA’s activities under this Agreement including, but not limited to, costs for review and processing of required agreements, environmental documents, and other transaction costs. (b) CITY will be responsible for the following costs and expenses:
(i) Costs and expenses in connection with delivering the Transfer Water to the Point of Transfer.
(ii) California Environmental Quality Act (CEQA) compliance costs per Paragraph 8(c).
(iii) CITY’s internal and transaction costs in connection with CITY’s activities under this Agreement including, but not limited to, costs for review and processing of required agreements, environmental documents, and other transaction costs.

9. Approvals and Requirements. The Transfer and Exchange provided for in this Agreement shall be subject to satisfaction of all applicable approvals and requirements and shall be governed by the terms and conditions of such approvals and any other applicable legal requirements. Each Party is responsible for satisfying their respective requirements, as applicable, including but not limited to the following:

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(a) complying with each Party’s respective Water Supply Contract; (b) obtaining all permits, consents, entitlements, and approvals necessary to perform this Agreement; and
(c) fully and completely complying with the California Environmental Quality Act (“CEQA”). The lead agency for the purposes of CEQA will be SGPWA. The Parties shall cooperate with each other and DWR in determining and completing any environmental reviews associated with the activities under this Agreement.

10. Conditions Precedent. This Agreement is subject to the following condition precedent:
(a) DWR’s written approval of the Transfer. CITY and SGPWA anticipate that DWR’s approval will be provided in the form of a Change in Point of Delivery Agreement (“DWR Approval Agreement”). In the event of a conflict between the terms of this Agreement and the DWR Approval Agreement, the terms of the DWR Approval Agreement shall govern. (b) In the event DWR does not approve this Agreement, or does not provide approval with sufficient time to complete the Transfer by June 30, 2025, then either Party may terminate this Agreement prior to expiration of the Term.

11. Termination.
(a) This Agreement may be terminated in accordance with the following:
(i) Default. In the event a Party fails to perform any of its obligations under this Agreement (“Defaulting Party”), the other Party (“Non Defaulting Party”) may demand in writing that the Defaulting Party cure such non-performance. The Defaulting Party shall have 90 days after receipt of such demand to cure the default. In the event the Defaulting Party fails to cure the default within the 90 day period, the Non Defaulting Party may terminate this Agreement and take any and all actions in law or in equity which may be available to enforce this Agreement.
(ii) Mutual consent. This Agreement may be terminated at any time by mutual written consent of both Parties.
(iii) Failure of One or More Conditions Precedent. In the event any condition precedent to this Agreement has not been satisfied by April 1, 2025, due to circumstances outside of the responsibility or control of the Parties, as applicable, the Parties will meet and confer to discuss whether to amend, suspend, or terminate this Agreement. If mutual agreement is not reached on or before April 15, 2025, then either Party may terminate this Agreement.

12. Force Majeure. The respective obligations of each party shall be suspended while it is prevented from complying by acts of God, war, riots, civil insurrection, acts of civil or military authority, fires, floods, earthquakes, labor accidents or incidents, rules and regulations of any governmental agency (other than the Parties themselves), or other cause of the same or other character any of which are beyond the reasonable control of either Party (collectively, “Force

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Majeure”). In the event of a suspension due to the Force Majeure, the Party whose obligations are suspended shall promptly notify the other Party in writing of such suspension and the cause and estimated duration of such suspension.

13. Defense. In the event of any legal action by a third party to challenge this Agreement and/or the Transfer described herein, the Parties agree to cooperate in the defense thereof and to share equally in the costs of such defense, utilizing counsel mutually acceptable to the Parties.

14. Power and Authority to Execute and Perform this Agreement. Each Party has the power and authority to enter into this Agreement and to perform its obligations and all necessary approvals and authorizations have been obtained for entering into this Agreement.

15. General Provisions
(a) Remedies Not Exclusive. Remedies provided in this Agreement for enforcement of its terms are intended and shall be construed as cumulative rather than exclusive and shall not be deemed to deprive either Party from also using any other remedies provided by this Agreement or by law.
(b) Subject to Applicable Law. The Parties acknowledge and agree that this Agreement and the rights and obligations of the Parties shall be subject to the laws governing public agencies as they now exist and as they may be amended or codified by the Legislature of the State of California.
(c) Entire Agreement. This Agreement contains the entire understanding between the Parties with respect to its subject matter, and supersedes all prior agreements, oral or written, and all prior or contemporaneous discussions or negotiations between the Parties. This Agreement cannot be amended except in writing signed by both Parties. (d) No Waiver. Any failure or delay on the part of either Party to exercise any right under this Agreement shall not constitute a waiver of the right and shall not preclude such Party from exercising or enforcing the right, or any other provision of this Agreement, on any subsequent occasion.
(e) Notices. All notices or other communications required or desired to be given pursuant to this Agreement shall be in writing and shall be delivered in person, by email, or sent by a reputable overnight courier service providing delivery confirmation. Each such notice or communication shall be deemed to be duly given when hand-delivered or one day after being emailed or deposited for next day delivery with an overnight courier. Each such notice or communication shall be addressed to the Parties at their respective addresses set forth next to their signatures below, or such other address as a Party notifies the other in writing.
(f) Headings; Section References. Captions and headings appearing in this Agreement are inserted solely as reference aids for ease and convenience; they shall not be deemed to define or limit the scope or substance of the provisions they introduce, nor shall they be used in construing the intent or effect of such provisions.

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(g) Severability. If any provision of this Agreement is finally determined by a court to be invalid or unenforceable as written, the provision shall, if possible, be enforced to the extent reasonable under the circumstances and otherwise shall be deemed deleted from this Agreement. The other provisions of this Agreement shall remain in full force and effect so long as the material purposes of the Agreement and understandings of the Parties are not impaired.
(h) Binding Effect on Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and permitted assigns. (i) Attorneys’ Fees. In the event that any action or proceeding is brought to enforce one or more of the terms of this Agreement, to restrain an alleged violation of this Agreement, or to determine the validity of this Agreement or any part, the prevailing Party in any such action or proceeding shall be entitled to recover from the other its reasonable costs and attorneys’ fees, in addition to any other remedies available to it in law or equity. If both Parties are successful in one or more causes of action during any such proceeding, the costs and fees shall be apportioned as determined by the court.
(j) Governing Law and Venue. This Agreement is a contract governed in accordance with the laws of the State of California. The Parties hereby agree that venue for any action brought to enforce the terms of this Agreement shall be in a court of competent jurisdiction in the County of Riverside, California, and consent to the jurisdiction thereof. (k) Counterparts; Delivery by Email; Electronic Signatures. The Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. Counterparts may be delivered via electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
[Signatures follow on the next page]

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

City of Yuba City
Date:

By:

Diana Langley
City Manager
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Email: [email protected]

SAN GORGONIO PASS WATER AGENCY
Date:

By:

Lance Eckhart, PG, CHG
General Manager/Chief Hydrogeologist
San Gorgonio Pass Water Agency
1210 Beaumont Ave.

Beaumont, CA 92223
Email: [email protected]

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: February 18, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: FY 2024/25 Proposed Budget Reduction Measures
Recommendation: Adopt a Resolution approving the FY 2024/25 proposed budget reduction measures and corresponding service modifications
Fiscal Impact: Budget Savings in FY 2024/25
Purpose:

To reduce expenditures for the FY 2024/25 budget to address an estimated $1,282,755 deficit.

Council's Strategic Goal:

This item addresses the City Council's goal of Fiscal Responsibility.

Background:

As part of the City Council's Goal Setting workshop, held on January 29, 2025, the Finance Director, Diona Pope, provided a financial highlight presentation on the City's General Fund. In FY 2023/24, the City used $2,419,364 of the $6,600,000 available in the Budget Stabilization Reserve (BSR) to balance the budget. The FY 2024/25 Adopted Budget has a net deficit of $5,463,391. Utilizing the remaining $4,180,636 of BSR results in a deficit of $1,282,755. To address not only the current fiscal year deficit, but to also "right size" the FY 2025/26 budget so that expenditures do not exceed revenues, the Department Heads presented 5% and 10% General Fund budget reduction scenarios along with the corresponding anticipated service impacts.

City Council directed staff to return to Council with the following items:

1. February 4th Council Meeting - Council to provide policy direction regarding general classifications of vacant positions that should be filled and those that should remain vacant.

2. February 18th Council Meeting - Provide a list of services that can be modified and implemented quickly to reduce costs and/or increase revenues.

3. FY 2025/26 Budget Process - Identify other services that can be modified to reduce costs and/or increase revenues.

At the February 4, 2025, Council meeting, the City Council approved an informal Vacant Position

Policy, summarized as follows:
• Freeze General Fund positions that are not front-line safety. • Fill General Fund positions that are front-line safety, part of Sutter Animal Services Authority, or primarily funded through other funding sources such as Water, Wastewater, Internal Service Funds, and grants.

Analysis:

Per Council's request, below are recommendations, by Department, of cost-reduction items that can be implemented this fiscal year.

Modify Office Hours:

Recommendation Service Impact
Change City Hall office hours from MondayFriday, 8 am to 5 pm, to Monday-Thursday, 8 am to 5 pm, and Friday by appointment only
• Public will have reduced hours to pay
utility bills, request a business license,
obtain a building permit, and access other
City services
Change Community Services Front Counter
hours at Gauche Aquatic Park from Monday
through Friday, 8 am to 5 pm, to Monday through
Thursday, 8 am to 5 pm
• Public will have reduced hours to register
for youth and adult recreation programs,
swim lessons, and other services
Change Police Department Counter hours from
Monday through Friday, 8 am to 5 pm, to Monday
through Friday, 10 am to 4 pm
• Public will have reduced hours to request
front counter services at the Police
Department
• LiveScan availability will vary
Administration:

Recommendation Service Impact
Reduce budgeted amount for specialty contract
legal services
• Reduce utilization of the bargaining unit
contract negotiator
Limit the authorization of materials, supplies, and
services
• Reduce advertising, training for staff,
funding for meetings and events, and
professional services
Do not sponsor a booth at the Yuba-Sutter Fair • Rely on the Police Department's booth for distribution of materials related to City
services
Community Services:

Recommendation Service Impact
Freeze one (1) Recreation Coordinator position • Reduction of special and community

and continue to underfill one (1) Recreation
Supervisor III position with a Recreation
Supervisor II
events
• Potential reduction of programs offered to
the public
Freeze one (1) Park Maintenance Worker III
position
• Reduction in landscape maintenance
services of the City's 25 parks and 8
facilities
Reduce Park Maintenance Extra Help • Reduction in landscape maintenance services of the City's 25 parks and 8
facilities
• No park reservations on the weekends
• No collection of trash and visual
inspection of parks on the weekends
• Potential for increased overtime of fulltime employees Reduce Recreation Extra Help • Less staff to provide front counter service for Community Services at Gauche
Aquatic Park
Transition a portion or all of the landscape
maintenance services for Lighting and Landscape
Maintenance District 4, Zone of Benefits A-D, and
Lighting and Landscape Maintenance District 2,
Zone of Benefit A, from contract services to Parks
Maintenance staff
• This modification will reduce the scope of
work of the current contracted
maintenance service.Reduction in
landscape maintenance services of the
City's 25 parks and 8 facilities.
o City Parks and Facilities
▪ Mowing once every other
week vs every week
▪ Taller turf will cause extra
stress on equipment
▪ No longer maintain Plumas
Street between Highway
20 and Bridge Street on a
routine basis. Will respond
as needed to address
leaves, trash, and graffiti.
▪ Reduced response times
for requests for service
o Feather River Parkway
▪ Minimal staff presence
▪ Trees and shrubs along
trails may become
overgrown
▪ Bathrooms will be closed
▪ Anticipate increased graffiti
and trash
o Lighting and Landscape
Maintenance Districts (L&LMD)
▪ Anticipate increased

assessments for L&LMD 4
▪ Anticipate reduced
services for L&LMD 2A
Cancel Concerts in the Park • Loss of community engagement Transition from a printed Recreation Guide to a
digital Recreation Guide only
• Loss of a printed Recreational Guide will
impact those without access to the
internet
Defer credit card service charges for credit card
transactions at the front counter to the customer
• Increase in revenues to the City, increase
in cost to the customer as they will now be
responsible for paying the credit card
service charge
Development Services:

Recommendation Service Impact
Freeze Plans Examiner I/II position • The Plans Examiner position is a path to prepare an individual for career
advancement to the Chief Building Official
position. Freezing the position will limit
career advancement opportunities and
increase the need for contract plan review
services.

Implement Planning Fee increases prior to July
1st
• Increase in revenues to the City as
increasing the Planning Fees will better
align the fees with the cost of service.

However, increasing the fees may cause
some developers to reconsider
developing in Yuba City.

Limit the authorization of materials, supplies, and
services
• Reduce training for staff, professional
services, and other supplies and services
Finance/IT:

Defer credit card service charges for credit card
transactions at the front counter to the customer
• Increase in revenues to the City, increase
in cost to the customer as they will now be
responsible for paying the credit card
service charge
Business License discovery • Increase in revenues to the City as businesses that are operating within the
City without a business license will be

identified
Limit the authorization of materials, supplies, and
services
• Reduce training for staff, professional
services, and other supplies and services
Fire:

Recommendation Service Impact
Freeze Fire Inspector I/II position • Firefighters will perform SM inspections which will preclude the City from charging
for inspections
• Decrease in Community Risk Reduction
and training
• Reduction in ability to provide education
to the public
Freeze Fire Marshal position • Hire a consultant to perform plan reviews which may extend the plan review
process
• Delay in permit inspections
• Limited Fire investigations
Limit the authorization of materials, supplies, and
services
• Reduce training for staff, professional
services, and other supplies and services
Human Resources:

Recommendation Service Impact
Freeze one (1) Administrative Analyst I position • Delays in recruitments, processing of family leave, worker's compensation,
mandatory reporting, addressing benefit
and payroll issues, and implementing
policies to improve risk management
Limit the authorization of materials, supplies, and
services
• Reduce training for staff, professional
services, and other supplies and services
Police:

Recommendation Service Impact
Freeze four (4) sworn Police Officer positions
unless there is turnover in currently filled
positions
• Changes in patrol responses, such as:
o Animal problems - will only
respond to active aggressive
animal calls
o No patrol response for Civil
Standbys

o All misdemeanor property crimes
and vehicle burglaries with no
suspect will be referred to the
online reporting tool
o No response to non-injury
collisions unless blocking roadway
o Absorption of transient-related
calls (10% of call volume) will
mean less ability to solve and
respond to these calls in a timely
manner
Freeze two (2) Public Safety Dispatcher positions
unless there is turnover in currently filled
positions
Freeze one (1) Records Clerk positions • The volume of work will not be reduced for the Records Clerks. The
recommendation is to reduce the front
counter hours at the Police Department to
provide uninterrupted time during the
workday to process records requests.

Freeze one (1) Community Policing Coordinator
position
• Reduced community outreach events and
participation
Freeze three (3) Community Service Officer
(CSO) positions
• Parking problems will be directed to when
CSO's are available
• Response will be complaint-driven and
addressed in the order received
Public Works:

Recommendation Service Impact
Reallocate one (1) Building Maintenance Worker
to another vacant position
• City facility repairs will be deferred, with
the most critical repairs addressed first
Transition a portion or all of the custodial
services for the Senior Center, Gauche Aquatic
Park, and Sutter Animal Services Authority from
contract services to City staff.
• City facility custodial maintenance will be
reduced as the Custodians will need to
reduce their time at each City facility so
that they can take on the maintenance of
a portion or all of the Senior Center,
Gauche Aquatic Park, and Sutter Animal
Services Authority. This modification will
reduce the scope of work of the current
contracted maintenance service.

Limit the authorization of materials, supplies, and
services
• Reduce training for staff, professional