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12'-0"
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6"X6" GALV. TUBE STEEL COLUMNS W/
FLAT ANCHOR PLATE PER STRUCTURAL
4"X8" GALV. TUBE STEEL, SPACED AS
SHOWN. SEE STRUCTURAL FOR
ATTACHMENT
4"X10" GALV. TUBE STEEL, SPACED
AS SHOWN. SEE STRUCTURAL
FOR ATTACHMENT
8" ROCKFACE
CMU
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
TRASH ENCLOSURE
PLAN
SCALE: 1/4" = 1'-0"
FRONT ELEVATION - 1
SCALE: 1/4" = 1'-0"
REAR ELEVATION - 3
SCALE: 1/4" = 1'-0"
REAR ELEVATION - 4
SCALE: 1/4" = 1'-0"
REAR ELEVATION - 2
SCALE: 1/4" = 1'-0"
PERSPECTIVE
NOT TO SCALE
PLAN & ELEVATIONS
A-8.0
JANUARY 12 , 2023| MR000000.00
2023 BSB Design, Inc.
MATERIAL & COLOR BOARD
PLASTER / SIDING WALL ACCENT 1 2 3 4 5 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT PLASTER / SIDING WALL ACCENT 6 7 8 9 10 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT 11 PLASTER / SIDING WALL ACCENT
SCHEME 1
12 PLASTER / SIDING WALL ACCENT 13 PLASTER / SIDING WALL ACCENT 14 PLASTER / SIDING WALL ACCENT 15 PLASTER / SIDING WALL ACCENT SW 7629GRAPYOR APPROVED EQUAL
SW 7628WINDFRESH WHITEOR APPROVED EQUAL
SW 7638JOGGING PATH OR APPROVED EQUAL
SW 9165GOSSAMER VEIL OR APPROVED EQUAL
SW 7048URBANE BRONZE OR APPROVED EQUAL
SW 7729EDENAMEOR APPROVED EQUAL
SW 2735ROCKWEEDOR APPROVED EQUAL
SW 9560NIGHT OUTOR APPROVED EQUAL
SW 7724CANOEOR APPROVED EQUAL
SW 6190FILMY GREEN OR APPROVED EQUAL
SW 7659GRISOR APPROVED EQUAL
SW 7657TINSMITHOR APPROVED EQUAL
SCHEME 2
SCHEME 3
16 STONE ACCENT
SW 7018DOVETAILOR APPROVED EQUAL
BUECHELWALNUT TAILOREDLEDGESTONEOR APPROVED EQUAL
BUECHELVINTAGE GOLDTAILORED LEDGESTONEOR APPROVED EQUAL
BUECHELTITANIUM TAYLOREDLEDGESTONEOR APPROVED EQUAL
PLASTER / SIDING WALL ACCENT 1 2 3 4 5 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT PLASTER / SIDING WALL ACCENT 6 7 8 9 10 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT 11 PLASTER / SIDING WALL ACCENT
SCHEME 1
12 PLASTER / SIDING WALL ACCENT 13 PLASTER / SIDING WALL ACCENT 14 PLASTER / SIDING WALL ACCENT 15 PLASTER / SIDING WALL ACCENT SW 7629GRAPYOR APPROVED EQUAL
SW 7628WINDFRESH WHITEOR APPROVED EQUAL
SW 7638JOGGING PATH OR APPROVED EQUAL
SW 9165GOSSAMER VEIL OR APPROVED EQUAL
SW 7048URBANE BRONZEOR APPROVED EQUAL
SW 7729EDENAMEOR APPROVED EQUAL
SW 2735ROCKWEEDOR APPROVED EQUAL
SW 9560NIGHT OUTOR APPROVED EQUAL
SW 7724CANOEOR APPROVED EQUAL
SW 6190FILMY GREENOR APPROVED EQUAL
SW 7659GRISOR APPROVED EQUAL
SW 7657TINSMITHOR APPROVED EQUAL
SCHEME 2
SCHEME 3
16 STONE ACCENT
SW 7018DOVETAILOR APPROVED EQUAL
BUECHELWALNUT TAILOREDLEDGESTONEOR APPROVED EQUAL
BUECHELVINTAGE GOLD
O GSO
BUECHELTITANIUM TAYLOREDLEDGESTONEOR APPROVED EQUAL
TAILO GSO RED LEDGESTONEOR APPROVED EQUAL
PLASTER / SIDING WALL ACCENT 1 2 3 4 5 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT PLASTER / SIDING WALL ACCENT 6 7 8 9 10 PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT PLASTER / SIDING WALL ACCENT STONE ACCENT 11 PLASTER / SIDING WALL ACCENT
SCHEME 1
12 PLASTER / SIDING WALL ACCENT 13 PLASTER / SIDING WALL ACCENT 14 PLASTER / SIDING WALL ACCENT 15 PLASTER / SIDING WALL ACCENT SW 7629GRAPYOR APPROVED EQUAL
SW 7628WINDFRESH WHITEOR APPROVED EQUAL
SW 7638JOGGING PATH OR APPROVED EQUAL
SW 9165GOSSAMER VEIL OR APPROVED EQUAL
SW 7048URBANE BRONZE OR APPROVED EQUAL
SW 7729EDENAMEOR APPROVED EQUAL
SW 2735ROCKWEEDOR APPROVED EQUAL
SW 9560NIGHT OUTOR APPROVED EQUAL
SW 7724CANOEOR APPROVED EQUAL
SW 6190FILMY GREEN OR APPROVED EQUAL
SW 7659GRISOR APPROVED EQUAL
SW 7657TINSMITHOR APPROVED EQUAL
SCHEME 2
SCHEME 3
16 STONE ACCENT
SW 7018DOVETAILOR APPROVED EQUAL
BUECHELWALNUT TAILOREDLEDGESTONEOR APPROVED EQUAL
BUECHELVINTAGE GOLDTAILORED LEDGESTONEOR APPROVED EQUAL
BUECHELTITANIUM TAYLOREDLEDGESTONEOR APPROVED EQUAL
A-9.0
(;+,%,7%
1 CITY OF YUBA CITY
DEVELOPMENT PLAN 25-02
CONDITIONS OF APPROVAL
AUGUST 27, 2025
MERRIMENT VILLAGE APARTMENTS
APN: 058-120-001-000
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the by the project applicant at the time of approval
imposition of fees, dedication, reservations or exactions for this project are subject to protest or conditional approval of the development or
dedications, reservations, or exactions which we
or exactions imposed on the development project. This notice does not apply to those fees, within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, re previously imposed and duly noticed; or,
IMPORTANT: PLEASE READ CAREFULLY
66020(d)(1) in effect before January 1, 1997.
where no notice was previously required under the provisions of Government Code Section Please note that this project is subject to a variety of discretionary conditions of to the neighborhood and environment.
health, safety, and welfare, but would on the whole enhance the project and its relationship the community, and recommended conditions for development that are not essential to to mitigate adverse effects on the environment including the health, safety, and welfare of determined through the development plan review and environmental assessment essential approval. These include conditions based on adopted City plans and policies, those Approval of this development plan shall be considered null and void in the event of proposed development.
to disclose and delineate all facts and information relating to the subject property and the failure by the applicant and/or the authorized representative, architect, engineer, or designer Approval of this development plan may become null and void in the event that specifications. This development plan is gran
imposed on this development plan, the zoning ordinance, and all City standards and development is not completed in accordance with all the conditions and requirements ted, and the conditions imposed, based upon
approval specifically require operation inconsis
application is material to the issuance of this development plan. Unless the conditions of the application submittal provided by the applicant, including any operational statement. The tent with the application, a new or revised
development plan is required if the operation of this establishment changes or becomes inconsistent with the application. Failure to operate in accordance with the conditions and any deletions or omissions resulting from
enforcement remedy available under the law. The City shall not assume responsibility for requirements imposed may result in revocation of the development plan or any other the development plan review process or for
additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this development plan or subsequent amendments or revisions. These conditions are conditions imposed solely upon the development plan, and are not conditions imposed on the City or any third party. Likewise, imposition of conditions
2 other type of compliance enforcement.
to ensure compliance with federal, state, or local laws and regulations does not preclude any These conditions are applicable to any person or entity making use of this
CONDITIONS OF APPROVAL
of this development plan.
applicant, property owner, owner, leasee, operator, or any other person or entity making use development plan, and references to “developer” or “applicant” herein also include any
1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, means any legal action or other proceeding inst
Party Action (as hereinafter defined). The term “Third Party Action” collectively record preparation costs) arising from, resulting from, or in connection with any Thirddamages and costs (including attorney's fees, litigation expenses and administrative agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, ituted by (i) a third party or parties, or
or contests any or all of these Conditions
(ii) a governmental body, agency or official other than the City, that: (a) challenges of Approval or any approval associated with
active negligence or willful misconduct of the
loss, liability, fines, penalties forfeitures, costs or damages caused solely by the agents or volunteers are actively or passively negligent, but shall not apply to any regardless of whether City or any of its officers, officials, employees, consultants, Approvals. Applicant’s/property owner’s obligations under this paragraph shall apply City, or the grant, issuance or approval by the City of any or all alleges a violation of CEQA or another law in connection with the Approvals by the entitlements associated with the project (collectively “Approvals”); or (b) claims or City or any of its officers, officials,
termination, revocation, overturn
employees, agents or volunteers. The provisions of this section shall survive any , or expiration of an approval.
compliance with the conditions of approval for the project. Applicant/property owner to timely tender payment-in-full to the City shall be considered a breach and noninvoiced amount. Applicant/property owner further acknowledges and agrees, failure arrange any extension of the thirty (30) day time period for payment-in-full of the invoice. Applicant/property owner shall contact the City within a reasonable time to reasonable and necessary costs within thirty (30) days from the date upon the incurred. Applicant/property owner shall tender to the City payment-in-full of all provide applicant/property owner with an invoice detailing all reasonable costs during the course of processing or defending any Third-Party Actions. The City shall have been, or which the City reasonably anticipates will be, incurred by the City The City may, at any time, require the applicant to reimburse the City for costs that on behalf of the City.
Action for review and approval of the City Attorney prior to filing of said documents record. Applicant/property owner shall submit all documents filed in the Third-Party independent defense, including the costs of preparing any required administrative be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that decide to independently defend a claim, the applicant/property owner shall City be prohibited from independently defending any claim, and if the City does defended by the City, unless the City approves the settlement in writing. Nor shall the not be required to pay or perform any settlement arising from any such claim not Nothing in this section shall obligate the City to defend any claim and the City shall
3 Applicant/property owner as noted herein.
down account to maintain a positive balance pending tender of payment by costs anticipated by the City to be incurred, which may be used by the City as a draw shall also be required, upon request of the City, to deposit two month’s estimated
2. The site design shall be designed in conformance with the Site Plan, dated April 14, 2023, as appropriate, and as approved by the Planning Commission.
3. Approval of Development Plan (DP) 23-02 shall be null and void without further has not been submitted to the City.
extension of time, pursuant to Section 8-5.7106 of the Yuba City Municipal Code of the approval date of Development Plan 23-02; or 2) that a request for an action if either 1) the project has not been substantially commenced within two years
4. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. a. The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public right of way.
5. The Developer shall, prior to the issuance of the first certificate of occupancy of the accordance with Yuba City Muni
first building, construct a 6-foot-high masonry wall along all interior property lines in cipal Code Sec. 8-5. 5905.
6. The Developer shall, prior to the issuance of the first certificate of occupancy of the first building, install landscaping along North Walton Avenue, on all sides of Building or as approved by the Development Services Director.
4, and in the parking area for the area required with the development of Phase One,
7. All exterior lighting shall be decorative in nature. No wall packs are permitted.
8. Decorative window treatment shall be installed, such as an inset of three inches or Services Director.
adding framing or trim around the windows, as approved by the Development
9. To help contain fugitive dust, construction sites shall be watered down during the
construction phase of the project or as directed by the Public Works Department.
10. Paved streets shall be swept frequently (water sweeper with reclaimed water public thoroughfares from the project site.
recommended; wet broom) if soil material has been carried onto adjacent paved,
11. The Developer, at their expense, shall be solely responsible for all quality control compliance.
testing/inspections. The City will only perform necessary testing to insure reports, concrete testing, asphalt testing, and any other required special following: survey work, potholing existing utilities, all geotechnical testing, soil associated with the project. The quality control shall include, but is not limited to, the
12. Storage of construction material is not allowed in the travel way.
4 PRIOR TO ISSUANCE OF A GRADING PERMIT
13. The improvement plans for the development of the subject property shall include all At first submittal of the improvement plans
of the property flow onto the adjacent lands or impede the drainage from those lands. measures required to ensure that no drainage runoff resulting from the development , provide existing / proposed grades at the
If retaining walls are required they shall be constructed of concrete or masonry block. perimeter of the proposed development, and existing grades at the adjacent lands.
PRIOR TO APPROVAL OF THE IMPROVEMENT/BUILDING PLANS
14. The plans shall indicate the locations of all septic and leach field areas, and all wells.
All existing facilities shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments.
15. The Developer shall comply with all City requirements related to drainage, including development. A drainage analysis, along with ca
submittal of a drainage plan for any drainage improvements for the proposed lculations, shall be submitted to the
City Engineer for approval. The analysis shall include, but is not limited to:
a.
storage system.
Grading and drainage plan showing the proposed drainage conveyance and b.
storage
Supporting calculations demonstrating adequacy of conveyance capacity and volume. The calculation analysis shall meet the requirements of the Yuba City Basin Drainage Study.
c. Storm Drain Collection Systems- For the design of all pipeline conveyance of one foot below the gutter flow line of
facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum all drain inlets and at least one foot
shall be 2
storm drain minimum pipe size shall be 12 inches. The minimum velocity below all maintenance hole rims during a 10-year, 24-hour storm event. The fps.
d. Street Flow-The street system shall be designed to convey the 100-year, 24- building pad elevations (or alternatively,
hour runoff while maintaining a water surface at least 1 foot below the adjacent the building pad elevations shall be at
least 1 foot above the 100-year water level). The grading plan shall ensure that to the receiving drainage facility.
the 100-year, 24-hour runoff can be conveyed through the development and e. Drainage systems (pipes and street systems) shall be designed to upstream
accommodate the runoff from the ultimate development of the entire watershed.
f. Detention Basins - A 100-year, 4-day storm shall be used for sizing detention the detention basin's tributary area before development. storm after development must be equal to or lower than the runoff rate from storage facilities. The detention basin release rate from a 100-year, 24-hour g.
comprehensive, accurate, and adequate.
Engineer and determined by the City Engineer, if necessary, to be The drainage analysis shall be completed and stamped by a Professional
16. The development shall comply with Yuba City’s stormwater requirements and Postr_management https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate Construction Standards Plan. The Post Construction information can be found here:
5 18. Developer is to construct street lights along the east side of North Walton Avenue.
17. All development shall be designed to local, state, and federal flood standards. by the Public Works Director.
Placement of the street lights shall be approximately 250 feet apart, or as approved
19. Any street lighting is a public improvement which shall meet the City Standard Details when the improvement plans are submitted for the first improvement plan check. and be included in the Improvement Plans and Specifications for the development
20. The existing power poles along the property on North Walton Avenue shall be placed determined to be 693 lineal feet.
The total lineal foot length of overhead lines along North Walton Avenue is adopted March 17, 2020, or as otherwise determined by the Public Works Director. underground, or addressed in accordance with the City’s Overhead Utility Policy
21. Any proposed drive gates, and associated hardware locks, shall comply with Security Gates;
Municipal Code Section 4-5.02 – Revisions to the 2021 International Fire Code; and be approved by the Fire Department. Said drive gates shall be as approved by the Public Works Director.
placed at a distance from North Walton Avenue that allows for safe ingress/egress,
22. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the accordance with applicable local, state and federal regulations." contractor/owner and shall be disposed of away from the job site in b. "During construction, the Contractor shall be responsible for controlling noise, may result in the issuance of an order to stop work.”
to be equipped with manufacturers approved muffler baffles. Failure to do so roadways. The Contractor shall be responsible for all construction equipment odors, dust and debris to minimize impacts on surrounding properties and c. “If any hazardous waste is encountered during the construction of this project, clearance has been issued by all of these agencies.”
Inspector shall be notified immediately. Work shall not proceed until Health Department, the Fire Department, the Police Department, and the City all work shall be immediately stopped and the Sutter County Environmental d. "The Contractor(s) shall be required to maintain traffic flow on affected advance, of proposed construction scheduled by the contractor(s).” emergency service providers shall be notified, at least two working days in for Construction and Maintenance Work Zones.” The City of Yuba City measures in accordance with the CalTrans “Manual of Traffic Safety Controls construction. The Contractor shall be required to follow traffic safety roadways during non-working hours, and to minimize traffic restriction during e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or shall provide a copy of the approved O.S.H.A. permit, and shoring details and more, the contractor shall conform to O.S.H.A. requirements. The contractor
6 Works Department.”
calculations prepared by California licensed structural engineer to the Public g. “Should any field conditions, conflicts, errors, and/or omissions be implemented by the Developer at the Developer’s expense.” development, then any additional work identified during construction shall be overlooked during the design review process, or during construction of the
PRIOR TO ISSUANCE OF A BUILDING PERMIT
23. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting of the district.
Engineering Division shall be reimbursed actual costs associated with the formation and Maintenance District for the purpose of maintaining the street lights. The
24. All applicable fees associated with using the Gilsizer District drainage system shall
be paid, or as otherwise determined by the Public Works Director.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
25. All street lighting shall be constructed in accordance with the improvement plans, certificate of occupancy, unless otherwise approved by the Public Works Director. dedicated to the City of Yuba City, and energized prior to the issuance of any
26. All sidewalks along the City right-of-way shall be free of any non-control joint greater than an inch in diameter shall be r
cracking. In addition, any concrete with cracks, chips, blemishes, and spalling eplaced from control joint to control joint.
27. Prior to issuance of any certificate of occupancy, all underground utilities, public in accordance with City requirements.
improvements, and site improvements, including rough grading, shall be completed
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Robert Bendorf, City Manager, Interim City Manager Summary
Subject: Appointment of Health Care Committee
Recommendation: Consider amending the current Health Care Ad Hoc Committee or establishing an alternative to address health care issues with regional providers Fiscal Impact: None
Background:
At a previous City Council meeting in June, direction was provided to staff to prepare a memo to discuss further the issue of a “Health Care” committee.
Prior to the June meeting, the City Council had discussed issues related to health care, with a focus on updates from our local hospital. An initial meeting was held with Mayor Shaw, Vice-Mayor Boomgaarden, City Manager Robert Bendorf and the CEO of Adventist Rideout Hospital, Chris Champlin to discuss a variety of issues.
During and after the meeting, several options were discussed to allow the Yuba-Sutter region’s largest city to further engage with local health care providers, ultimately exploring what our organization can do to support our residents and their health care needs.
Option 1
Keep the original committee and appoint citizen representatives to work with the committee and Adventist Rideout.
Option 2
Form a committee of two Councilmembers and strive to meet with most health care providers in the Yuba-Sutter area.
Option 3
Petition to be a member of the Yuba-Sutter Health Care Council, which consists of most major health providers in Yuba-Sutter. The member representative would be a Yuba City Councilmember.
Ultimately, it would be the responsibility of the Councilmembers assigned to each option to report back at regularly scheduled meetings of the City Council. Should significant issues come up from the Health Care Council or the providers, the City, at its discretion can enlist broader groups for further discussion.
Fiscal Impact:
None
Recommendation:
Consider amending the current Health Care Ad Hoc Committee or establishing an alternative to address health care issues with regional providers.
Attachments:
None
Prepared By: Submitted By:
Robert Bendorf
Interim City Manager
Robert Bendorf
Interim City Manager
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Robert Bendorf, City Manager, Interim City Manager Summary
Subject: Adoption of an Ordinance updating the City’s procedures for filing claims against the City
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City repealing and adding Section 3-3.04 of Chapter 3 of Title 3 of the Municipal Code regarding special claims procedures by title only and waive the first reading Fiscal Impact: None
Purpose:
To amend the special claims procedures to implement a more uniform and efficient process for filing claims against the City.
Background:
In California, public agencies such as the City are generally immune from liability for injuries to persons or property under the doctrine of sovereign immunity, subject to certain exceptions established by statute or constitutional law. However, the State has enacted the Government Claims Act (Government Code §§ 810 et seq.) (the “Act”), which sets forth the procedures for presenting liability claims against public agencies for consideration and possible resolution. These claims may arise from tort, contract, or other legal theories.
Under the Act, anyone seeking monetary damages or other relief from the City must first file an administrative claim within either a six-month or one-year statute of limitations, depending on the nature of the claim. This requirement gives the City an opportunity to investigate the matter in a timely manner, potentially resolve the issue without litigation, and limit liability by barring late or meritless claims.
The Act identifies certain types of claims that are exempt from the administrative claim requirement.
These include claims brought by the State or other public entities, claims by public employees, and claims related to taxes, special assessments, or bonds. If a claim falls under one of these exemptions, the claimant may proceed directly to court without presenting a claim to the City first.
However, the Act also provides a mechanism to allow the City to require the otherwise exempt claims to be filed with the City. This allows the City to limit potential liability against claims that are untimely and to reduce litigation expenses and potential judgments.
Analysis:
Here, the City’s claims presentation ordinance under Section 3-3.04 of the Yuba City Municipal Code, but would benefit from being updated to be more specific regarding exempt claims, procedures, process, and settlement authority.
The proposed ordinance would address a specific presentation protocol for claims against the City.
Section 3-3.04 will require all public entities, and others exempted under Section 905, with claims for money or damages against the City to file an administrative claim with the City prior to commencing litigation, and will prevent claims from being filed on behalf of a class of persons unless verified by each member of that class.
Procedurally, Section 3-3.04 will require all claims to be delivered to the City Clerk’s office. The Risk Manager will assess each claim. If appropriate, the ordinance provides for delegation of authority to the Risk Manager to deny, approve, or compromise any claim up to $10,000 with the concurrence of the Controller. Claims up to $25,000 may be denied, approved, or compromised by the City Manager with the concurrence of the City Attorney. Any claim in excess of $25,000 would be approved by the City Council.
Staff is recommending that the City Council adopt the proposed ordinance to repeal and add Section 3-
3.04 of the Yuba City Municipal Code relating to the establishment of a presentation protocol for claims against the City. To allow for implementation coordination, the ordinance is proposed to go into effect January 1, 2026.
Fiscal Impact:
No additional fiscal impact is anticipated; there may be cost savings from the streamlining of the process.
Alternatives:
1. Provide direction to staff as to the changes which should be incorporated into the Ordinance
2. Take no action on the Ordinance
Recommendation:
Introduce an Ordinance of the City Council of the City of Yuba City repealing and adding Section 3-
3.04 of Chapter 3 of Title 3 of the Municipal Code regarding special claims procedures by title only and waive the first reading.
Attachments:
1. Ordinance - Claim Processing
Prepared By: Submitted By:
Vrunda Shah
Deputy City Attorney
Robert Bendorf
Interim City Manager
01248.0003 2016158.1
ATTACHMENT 1
01248.0003 2016158.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REPEALING AND ADDING SECTION 3-3.04 OF CHAPTER 3 OF TITLE 3, OF THE MUNICIPAL CODE
REGARDING THE SPECIAL CLAIMS PROCEDURES
WHEREAS, the doctrine of sovereign immunity generally protects public agencies from liability for injuries to persons or property, except as otherwise provided by statute or constitutional law; and
WHEREAS, Government Tort Claims Act (Government Code §§ 810 et seq.) (the “Act”) stablishes the statutory framework for presenting liability claims against public agencies, including claims arising in tort, contract, or other legal theories; and WHEREAS, the Act sets forth procedural requirements that enable public agencies to investigate claims in a timely manner, minimize litigation costs, and limit liability by barring untimely or noncompliant claims; and
WHEREAS, Section 905 of the Act exempts certain claims from the standard administrative claim presentation requirements, including, but not limited to, claims filed by the State or other local public entities; and
WHEREAS, Section 935 of the Act authorizes public agencies to adopt, by charter, ordinance, or regulation, local procedures requiring the presentation of administrative claims for those types of claims exempt under Section 905 and not otherwise governed by specific statutes or regulations; and
WHEREAS, Sections 3-3.04 of Chapter 3, Title 3 of the Yuba City Municipal Code provides limited procedures for the filing of claims against the City, which may be supplemented with standard provisions to establish a more complete and consistent claims process; and WHEREAS, the City Council of the City of Yuba desires to amend the special claims procedures to implement a more uniform and efficient process for filing claims against the City, thereby reducing administrative burden, limiting liability exposure, and ensuring compliance with applicable law.
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. Amendment. Section 3-3.04 of Chapter 3, Title 3 of the Yuba City Municipal Code is repealed in its entirety.
01248.0003 2016158.1
SECTION 4. Amendment. Section 3-3.04 of Chapter 3, Title 3 of the Yuba City Municipal Code is added to read in its entirety as follows:
Section 3-3.04. – Special claims procedures.
(a) Claims against the city shall be in writing, verified by the claimant or his or her guardian, conservator, executor or administrator and filed with the City Clerk of the city. All claims shall be filed within one year after the accrual of the cause of action, unless a shorter period is provided by applicable law. The Risk Manager, in consultation with the City Attorney, shall evaluate the sufficiency and form of all such claims and give notices relative to any deficiency thereof to the claimant. No claim may be filed on behalf of a class of persons unless verified by every class member. All claims shall contain the information required by California Government Code section 910. The Risk Manager shall have all such claims investigated, and shall prepare an investigative report and a recommendation relating to each such claim, in consultation and cooperation with the City Attorney.
Claims against the city for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the claims procedure prescribed in this Article. All claims against the city, including claims under the Revenue and Taxation Code or their statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of a tax, assessment, fee or charge or any portion thereof, or any penalties, costs or charges related thereto; and claims by the State or by a State Department or agency or by another public entity shall be presented and acted upon in accordance with this Article as a prerequisite to suit thereon. (b) All claims excepted by Government Code Section 905 shall be presented within the time, and in the manner prescribed by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code for the claims to which that part applies, as those provisions now exist or are amended and as provided by this Article.
(c) The Risk Manager may deny any claim including a claim in litigation amounting to ten thousand dollars ($10,000.00) or less, or may, with the concurrence of the Controller or designee, approve for payment any claim or pending litigation amounting to ten thousand dollars ($10,000.00) or less, or compromise for ten thousand dollars ($10,000.00) or less any claim. "Pending litigation," for purposes of this section 3-3.04, shall mean any action, proceeding, or cause pending in any court of record or before anybody, official, or agency, including (without limitation), any administrative proceeding or special proceeding, provided that pending litigation shall not include a criminal proceeding.
(d) The Risk Manager shall forward any claim not disposed of pursuant to subsection (c) of this section to the City Manager, and shall include therewith an investigative report and recommendation. The City Manager may, with the concurrence of the City Attorney, deny any claim amounting to twenty-five thousand dollars ($25,000.00) or less, approve for payment any claim or payment of pending litigation amounting to twenty-five thousand dollars ($25,000.00) or less, or compromise any claim or settlement of pending litigation amounting to twenty-five
01248.0003 2016158.1
thousand dollars ($25,000.00) or less. The City Manager shall return any claim which has been approved, or compromised or denied by him, together with his and the City Attorney's decisions relative thereto, to the Risk Manager who shall be responsible for immediately notifying the claimant of such decision and expediting the payment of any claim which has been approved or compromised. (e) For all claims not disposed of pursuant to subsection (c) or (d) of this section, the City Attorney shall prepare and submit, as soon as possible, a report to the Council either in open session or in closed session, at the City Attorney's election, together with a recommendation that such claim be approved, compromised, or denied. The City Attorney shall, following the decision of Council, return the claim file to the Risk Manager attaching thereto a memorandum indicating the Council's decision in the matter. The Risk Manager shall thereupon notify the claimant, in writing, of the decision and expedite payment of any claim which has been approved or compromised.
(f) Notwithstanding the above, the Risk Manager shall notify and send copies of all claims which are determined to be covered by insurance to the insurance carrier which provides coverage to the city, and shall be the city's liaison with such carriers for the purpose of any claim involvement.
(g) The City Manager and Controller may delegate their respective responsibilities set forth in Section 3-3.04 to any staff member of their respective offices or to the Risk Manager. The City Attorney may delegate the responsibilities set forth in this article to an attorney in the City Attorney's Office.
(h) The procedure prescribed and the regulations and rules established by or under this Article do not require a shorter time for the presentation of any claim than the time provided in Government Code Section 911.2. The procedure prescribed under this Article or any rules promulgated thereunder do not require a longer time for the taking of action upon any claim than the time provided in Government Code Section 912.4.
(i) It is the intent of the Council in adopting this ordinance to extend as broadly as possible under the law the requirement that a claim be presented to the city as a pre-requisite to the bringing of any action against the city, including, but not limited to, actions arising out of or relating to contracts. As authorized under California Government Code Section 935, it is the intent of the Council that all claims for money or damages which are otherwise excepted by Section 905 of the California Government Code be filed with the city's City Clerk prior to the bringing of any suit. (j) The City Manager may adopt any and all regulations (and prescribe the form of any required claims and notices, to the extent allowed by the Government Claims Act) necessary or desirable to implement the provisions of this section. (k) The procedures called for by this section or any enabling regulations shall apply retroactively to previously accrued claims.
SECTION 5. 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,
01248.0003 2016158.1
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 6. Conflicting Provisions. If provisions of this Ordinance are in conflict with each other, other provisions of the City's Code, regulations or policies, any other resolution or ordinance of the City, or any state law or regulation, the more restrictive provisions shall apply.
SECTION 6. Effective Date. This Ordinance shall be effective January 1, 2026.
This Ordinance was introduced on September 16, 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:
NOES:
ABSENT:
___________________________
Dave Shaw, Mayor
City of Yuba City
01248.0003 2016158.1
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 10
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Merriment Village Apartments Homekey Grant Funding Recommendation:
For the State-awarded Homekey grant funds currently held in a Yuba City account at US Bank for the Merriment Village apartment project, staff recommends:
A. The City Council of the City of Yuba City direct the City Manager and Finance Director, within 30 days, to transfer the total amount of Homekey funds on account at US Bank, including accrued interest, to Five Star Community Bank into an account opened by and solely in control by the City of Yuba City and its officers, including the City Council, City Manager and Director of Finance, consistent with HCD Policy and City Policy; and
B. The City Council of the City of Yuba City stipulates the transfer of funds to Five Star Community Bank is contingent upon Habitat for Humanity successfully securing gap funding for the Merriment Village Apartment project with Five Star Community Bank
Fiscal Impact: This item does not have a fiscal impact on the City because the funding at issue is state-awarded Homekey grant funding and is not General Fund dollars.
Funding shall only be dispersed consistent with the recorded Covenant and Loan Agreement between the City of Yuba City and Habitat for Humanity Purpose:
For the City Council to determine whether to transfer State awarded Homekey grant funds currently held by the City of Yuba City at US Bank to Five Star Community Bank.
Council’s Strategic Goal:
This item meets the City Council’s strategic goals of building quality infrastructure (housing), fostering a business-friendly environment, and enhancing the overall quality of life for Yuba City residents.
Background:
In March of 2023 the California Department of Housing and Community Development, (HCD), released the Notice of Funding Availability for Homekey 3.0 with approximately $37,158,338 available for the Sacramento region.
On April 18, 2023, the City Council received a presentation from Habitat for Humanity – Yuba/Sutter, (Habitat), regarding their proposed 217-unit apartment complex titled Merriment Village Apartments, located on 7.5 acres at 428 North Walton Avenue. The estimated project cost is approximately $75 million. Habitat for Humanity has proposed to divide the project into multiple phases, with Phase 1 including a 4-story, 79-unit building to apply for Homekey program funding.
On May 2, 2023, the City Council adopted Resolution No. 23-056 authorizing a joint application with Habitat for Humanity to apply for Homekey 3.0 funds for Phase 1 and authorized the Mayor to submit a Funding Commitment letter for the City contributions. The application was submitted to HCD in May 2023. The joint application was approved and on June 13, 2024, the City received the Standard Agreement from HCD, awarding up to $24,632,331 in Homekey funding. After multi-month coordination with the City regarding the proposed development, the applicant, Habitat for Humanity, filed an application for DP 23-02 to construct a 218-unit income-based apartment complex at 428 North Walton Avenue.
On September 19, 2023, the City Council approved the Merriment Village Apartment project, Development Plan (DP) 23-02 together with twenty-seven (27) Conditions of Approval.
On July 2, 2024, the City Council defined “deal points” for an agreement between the City of Yuba City and Habitat for Humanity regarding the terms required to disperse Homekey grant funding for the project and a Covenant and Loan Agreement between the City of Yuba City and Habitat for Humanity was recorded July 11, 2024, as Document No. 2024-0005918 (Staff Report Attachment 1).
Analysis:
Habitat for Humanity Yuba-Sutter (Habitat) has been working with local financial institutions to obtain financing to close the project’s “gap funding”, which is believed to be between $5-7M for full project buildout.
Habitat has selected Five Star Community Bank as its preferred institution for financing to close the project’s funding gap. The financing will be secured by Habitat's existing assets. The terms for the proposed financing are specified in staff report Attachment 2. It should be noted that Five Star Community Bank will pay an equivalent rate of interest as offered by US Bank; however, rates are variable and will likely change over time.
Part of the proposal includes a provision to transfer the project’s state-awarded Homekey grant funding to an account at Five Star Community Bank with the money to be held in an account in the City’s name.
Five Star Community Bank’s proposal includes the following request:
1. Transfer the Homekey grant funding, currently held in a City account US Bank, to Five Star Community Bank as a single transaction; or
2. Transfer 50 percent of the grant funding to Five Star Community Bank initially and then the remaining 50 percent no later than December 5, 2025.
As previously stated, the Homekey grant award is $24,632,331. As of August 31, 2025, the account balance at US Bank, including interest, is $25,460,512.
Environmental Determination:
The Merriment Village project has previously been determined to be exempt from the California Environmental Quality Act (CEQA) by exemptions established under State law.
Fiscal Impact:
This item does not have a fiscal impact on the City because the funding at issue is state-awarded Homekey grant funding and is not General Fund dollars. Funding shall only be dispersed consistent with the recorded Covenant and Loan Agreement between the City of Yuba City and Habitat for Humanity (Document No. 2024-0005918).
Alternatives:
The City Council is not required to transfer the Homekey grant funding to a different financial institution; however, the monies will still be held in an account in the City’s name only and monies can only be dispersed consistent with the previously cited Covenant and Loan Agreement. Due to the City still maintaining control of the grant funds, staff is supportive of this request.
Recommendations:
For the Homekey grant funds currently held in a Yuba City account at US Bank for the Merriment Village apartment project, staff recommends:
A. The City Council of the City of Yuba City direct the City Manager and Finance Director, within 30 days, to transfer the total amount of Homekey funds on account at US Bank, including accrued interest, to Five Star Community Bank into an account opened by and soley in control by the City of Yuba City and its officers, including the City Council, City Manager and Director of Finance, consistent with HCD Policy and City Policy; and
B. The City Council of the City of Yuba City stipulates the transfer of funds to Five Star Community Bank is contingent upon Habitat for Humanity successfully securing gap funding for the Merriment Village Apartment project with Five Star Community Bank.
Attachments:
1. Existing Covenant and Loan Agreement
2. Five Star Community Bank Letter of Intent
Prepared By: Submitted By:
Doug Libby
Director of Development Services
Robert Bendorf
Interim City Manager
ATTACHMENT 1
ATTACHMENT 2
September 08, 2025
Habitat for Humanity Yuba Sutter, Inc.
RE: Proposed Financing Term Sheet with Five Star Bank
Dear Joseph and John
This term sheet is a follow-up to our recent discussion regarding your proposed financing needs. This letter outlines the general terms of Five Star Bank’s (“FSB”) financing program as they would pertain to your requests. Consideration of the loan terms contained herein are subject to underwriting and due diligence, review, and acceptance of applicable third-party reports, and approval of the financing request by FSB in its sole discretion.
Borrower: Habit for Humanity Yuba Sutter, Inc.
Guarantor(s): N/A
Loan Purpose: Provide Habitat with a real estate secured loan, which will bridge the gap financing requirements in order to complete the Merriment Village project located on N. Walton Avenue in Yuba City, CA.
Loan Amount: $5,000,000 secured by real estate as described further below.
Loan amount limited by:
• 65% LTV based on appraised, as-is value on each property described in the collateral section below.
Rate Structure: Interest only: WSJ Prime Rate – 1%.
Loan Term: 24 months
Payment Structure: Interest payable monthly, for 24 months. Principal and accrued interest balance due at maturity.
Prepayment Penalty: None
Collateral: The proposed loan shall be secured by the following collateral in the lien position specified.
Real Estate Description Lien
Position
Deed of Trust on property located at 202
D street, Marysville, CA 1st
Deed of Trust on properties located at
10184-10208 N St, Live Oak, CA 1
st
Deed of Trust on property located at 916
Plumas Street, Yuba City, CA 1
st
Deed of Trust on property located at 428
N Walton, Avenue, Yuba City 2
nd
Fees: Borrower shall be responsible for payment of the following fees, in addition to expenses incurred directly or indirectly by FSB as a result of considering said request, including but not limited to title, escrow, appraisal, environmental, and legal fees, whether or not the proposed loan is approved and funded.
Fee Type Fee Amount Fee Percentage
Loan Origination $37,500.00 0.75% of Loan Amount
if full grant proceeds
from HCD and accrued
interest are deposited
with Five Star Bank up
front
Loan Origination $50,000.00 1% of the Loan
Amount if grant
proceeds from HCD
are deposited with
Five Star Bank in
phases. See Deposit
Accounts section
below
Loan Documentation $0.00
General Requirements
Appraisal: For all proposed real estate collateral, an appraisal of the property ordered by FSB is to be obtained as a part of the underwriting process at the sole cost of the applicant. Upon acceptance of an Expression of Interest letter by the applicant and receipt of funds to cover the estimated appraisal cost, we will formally engage the appraiser.
Environmental: For all proposed real estate collateral, the bank’s Environmental Questionnaire is to be completed. A Radius Report acceptable to the FSB will be required. Should any environmental concerns be cited in the Questionnaire or Radius Report, further investigation including A Phase One
Environmental Site Assessment Report and potentially remediation may be required at the sole cost of the applicant.
Insurance: Proof of insurance will be required for any applicable policies, including but not limited to hazard, flood, liability, and business interruption. The bank’s standard deductibles for hazard insurance are $2,000 and $5,000 for residential and commercial real estate, respectively. All other deductibles will be determined during underwriting.
Other Conditions: Other conditions, including but not limited to maintaining a loan to value ratio equal to or less than that at loan origination, maintaining a minimum debt coverage ratio, and providing periodic financial information of the borrower and guarantors, will be memorialized in final loan documents if the proposed financing is approved.
Deposit Accounts: Consideration of the application for credit is contingent upon Habitat’s “HCD” Grant funds, in the amount of $24,632,331 plus accrued interest be deposited into a Five Star Bank account. These funds will be used for the construction costs associated with the Merriment Village Apartment complex located at 428 N Walton Avenue in Yuba City.
It is our understanding the City of Yuba City maintains the HCD Grant funds with US Bank. Five Star Bank will work with City Staff to facilitate the transition of the HCD grant funds in the event City Staff needs additional time to move the entire balance over to Five Star Bank. In this scenario, Five Star Bank requests 50% of the “HCD” deposit balance be transferred after City Council approval of the Merriment project and the remaining balance transferred by or before December 5, 2025.
Habitat for Humanity Yuba Sutter, Inc will open and maintain its sole deposit relationship with FSB for the duration of the proposed loan.
Banking Services: To make it easier for the City of Yuba City and Habitat, Five Star Bank can take the lead in monitoring the entire construction project. FSB has extensive knowledge in all parts of construction lending. Construction draw requests from the Contractor are monitored via third party inspections ensuring each draw request is in-line with the percentage the project is complete. Lien free endorsements are requested through the title company on each advance request ensuring the property is free of contractor/subcontractor liens.
Please let us know if the City of Yuba City would like FSB to take the construction monitoring lead, and if so, we request the City of Yuba City open the depository account with FSB and transfer 100% HCD funds up front which makes for seamless payments to Contractor and reconciliation of costs. The City of Yuba City is the owner of the account and will control the withdrawals towards the cost of construction.
Joseph and John, thank you for taking the time to meet my CEO, James Beckwith and myself this week. As James indicated in our meeting, FSB has history of financing affordable housing projects, Merriment Village falls in
line with such financing. Our team is working through the information presented and have made it our top priority.
Please be advised that this Term Sheet does not constitute a commitment by FSB to approve or fund the financing request as we have not performed our complete due diligence required to consider this request for financing, nor have we, in our sole discretion, considered this request for approval. To submit this loan request for consideration of approval, a complete package of financial information and other information for the applicant, and any underlying collateral must be received by FSB and successfully analyzed.
Please call me with any questions that you may have.
Sincerely,
Harman Gosal
Senior Vice President / Business Development Manager
530.713.6023
[email protected]
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Boomgaarden
- Mayor Shaw
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Boomgaarden
- Mayor Shaw
Adjournment