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 17, 2026
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
CITY COUNCIL
CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Marc Boomgaarden
VICE-MAYOR ● Michael Pasquale
COUNCILMEMBER ● Toni Cole
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Dave Shaw
CITY MANAGER ● Robert Bendorf
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY AND
CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 17, 2026
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Successory 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_MAoMrnJUTlynQ8HYAQIoWQ. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the Successory 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 City Council on any item listed on the closed session agenda, if any, 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.
Regular Meeting
Call to Order
Roll Call
__ Mayor Boomgaarden
__ Vice-Mayor Pasquale
__ Councilmember Cole
__ Councilmember Kirchner
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin
Agenda Modifications
Public Communication
1. 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.
2. Minutes of the February 3, 2026, Special Meeting of the City Council and Minutes of the February 3, 2026, Regular Meeting of the City Council Recommendation: Approve the Minutes of the February 3, 2026, Regular Meeting and Special Meeting of the City Council
3. Dispatch AT&T Annual Maintenance—Supplemental Appropriation Recommendation: Adopt a Resolution to authorize the Finance Director to make a supplemental appropriation of $47,732.15 from account 100- 4420 to account 2170-62701
4. Annual Community Facilities District Report Pursuant to Government Code Section 53411
Recommendation: Note and file
5. 2026 Appointments to the City of Yuba City Senior Commission Recommendation: Approve the Recommendations for Re-Appointment of Three (3) Members to the Senior Commission
6. 2026 Wastewater Collections Improvement Project - Contract Award Recommendation: Adopt a Resolution to:
A. Award the construction contract to North Star Construction and Engineering, Inc. of Yuba City, CA in the amount of their total bid of $723,480 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. Finds that CEQA was previously assessed for the Project, a categorical exemption (Class 1) was adopted, approval of this contract is within the scope of the previously approved Project, and no further environmental review is required under CEQA C. Award a Professional Services Agreement to Inferrera Construction Management Group, LLC. Of Shingle Springs, CA for Inspection Services in the amount of $87,150 and authorize
the City Manager to execute the contract on behalf of the City, Subject to material terms, subject to review and approvals as to legal form by the City Attorney, and with the finding that it is in the best interest of the City
7. Yuba City Planning Commissioner Appointment to the Sutter County Planning Commission
Recommendation: Appoint District 3 Yuba City Planning Commissioner Scott Blankenship to the Sutter County Planning Commission
8. Disclosure of Sales or Transactions Use Tax Records by HdL Companies to authorized City Officials
Recommendation: Adopt a Resolution Authorizing Certain City Officials Access to HdL Companies Sales and Use Tax Data
9. 442 B Street Environmental Assessment - Professional Service Agreement Amendment No. 1
Recommendation: Adopt a Joint Resolution authorizing Amendment No. 1 to the existing contract with EKI Environment & Water (EKI) for the 442 B Street Environmental Assessment, with the finding that it is in the best interest of the Successor Agency and the City
10. Permanent Local Housing Allocation Grant - 2021 Allocation Subrecipient Agreements
Recommendation: A. Adopt a Resolution to approve two (2) subrecipient agreements, and one (1) amendment for the City’s 2021
Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD), and;
B. Authorize the Finance Director to make a supplemental appropriation of $270,298.58 to account 6048-65305 for program expenditures
11. WWTF Outfall Replacement Project - SRF Loan Reimbursement Resolution Recommendation: Adopt an updated Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program
Reimbursement Resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project
12. City Water Service Connection for 1360 Richland Road (APN # 20-054-013) Recommendation: Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 1360 Richland Road, Timothy Denney and Lori Denney, Trustees of the Denney Family Trust, under declaration of trust executed June 20, 2018, for connection to City water service following approval as to legal form by the City Attorney
13. California Municipal Finance Authority Check Budget Adjustment Recommendation: Authorize the Finance Director to make a budget adjustment of $16,250 to Account 100-44115 to receive funds from the
California Municipal Finance Authority (CMFA) for the work that the Planning division completed on the Tax Equity and Fiscal Responsibility Act (TEFRA)
14. Development Services Department Recruitment Request – Code Enforcement Officer I/II
Recommendation: Authorize the Human Resources Department to conduct an open recruitment for a full-time permanent Code Enforcement Officer I/II to fill a recent vacancy in the Development Services Department
15. Presentation of Investment Report – Quarter Ended December 31, 2025 Recommendation: Note & File Quarterly Investment Report Business Items
16. Yuba-Sutter Economic Development District 2025 CEDS Annual Performance Report, Appendix 1 Public Works Projects, and the 2026 Annual Update of the 2025-2030 CEDS Document
Recommendation: Adopt a Resolution approving the Yuba-Sutter Comprehensive Economic Development Strategy (CEDS) 2025 Annual
Performance Report, updated Appendix I Public Works Projects, and 2026 Annual Update to the 2025-2030 CEDS document and authorize its submittal to the United States Department of Commerce, Economic Development Administration
17. Community Sponsorship Request - Shri Guru Ravidass Temple (Hayne Avenue Parade)
Recommendation: Consider a Community Sponsorship request; and if approved, Adopt a Resolution approving an $1,800.00 monetary sponsorship for the Shir Guru Ravidass Temple to support the 5th Annual Hayne Avenue Parade
18. Adoption of Yuba City's Strategic Plan
Recommendation: Receive a presentation and after consideration; approve the City's Strategic Plan - Vision 2026-2029
Future Agenda Items
19. 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
20. City Manager's Report
21. City Council Reports
Adjournment
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:
Ciara Wakefield, City Clerk
[email protected]
Agenda Item 2
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: Minutes of the February 3, 2026, Special Meeting of the City Council and Minutes of the February 3, 2026, Regular Meeting of the City Council Recommendation: Approve the Minutes of the February 3, 2026, Regular Meeting and Special Meeting of the City Council
Fiscal Impact: None
Attachments:
1. 02-03-2026 Budget Workshop Minutes (DRAFT)
2. 02-03-2026 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk
Robert Bendorf
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
BUDGET WORKSHOP
FEBRUARY 3, 2026
3:00 P.M. SPECIAL MEETING
COUNCIL CHAMBERS/VIRTUAL
Special Workshop
The Special Meeting of the City Council was called to order by Mayor Boomgaarden at 3:00 PM Roll Call:
Present: Mayor Boomgaarden, Councilmembers Cole, Pasquale, and Shaw
Absent: Councilmember Kirchner
Pledge of Allegiance to the Flag
Pledge was led by Shannon Chaffin, City Attorney
General Items
1 Mid-Year Budget Review for Fiscal Year 2025-2026 and Budget Outlook for Fiscal Year 2026-2027
Note & File Mid-Year Budget Review for Fiscal Year 2025-26 and Budget Outlook FY 2026-27
Adjournment
Mayor Boomgaarden adjourned the Special Meeting Budget Workshop of the City Council at 4:19 PM
__________________________
Marc Boomgaarden, Mayor
ATTEST:
_________________________
Ciara Wakefield, City Clerk
ATTACHMENT 2
MINUTES (DRAFT)
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 3, 2026
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Closed Session
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Boomgaarden at 5:31 PM
Roll Call:
Present: Mayor Boomgaarden and Councilmembers Cole, Pasquale, and Shaw
Absent: Councilmember Kirchner
Closed Session
A. Workers' Compensation Claim:
Claimant: John Criswell, Claim numbers: 0596610386 & 0396610361 B. Liability Claim:
Claimant: Michael Hernandez, Claim 26-02 Agency Claimed Against: City of Yuba City
No public comment received
Regular Meeting
Call to Order
The Regular Meeting of the City Council was called to order by Mayor Boomgaarden at 6:00 PM
Roll Call:
Present: Mayor Boomgaarden and Councilmembers Cole, Pasquale, and Shaw
Absent: Councilmember Kirchner
Invocation/Inspiration
Jeff Poppinga, Worship Pastor, Adventure Church of Yuba City
Pledge of Allegiance to the Flag
Councilmember Shaw
City Attorney's Report on Closed Session Items
Shannon Chaffin, City Attorney:
Item B – Hernandez (Claim 26-02): Authorized Notice of Rejection by Operation of Law Agenda Modifications
None
Public Communication
1. Appearance of Interested Citizens
Tony Farley spoke
Stuart Bunstock spoke
Consent Calendar
Councilmember Shaw moved and Councilmember Cole seconded the motion to approve Consent Calendar items 2-5:
2. Minutes of the January 6, and January 20, 2026, Regular Meetings of the City Council
Approve the Minutes of the January 6, and January 20, 2026, Regular Meetings of the City Council
3. Finance Department Request to Fill Vacancy – Customer Service Representative I/II
Authorize the Finance Department to fill one (1) vacant full-time permanent Customer Service Representative I/II position using the current Certification List
4. WTP Filter Blower Addition Project
Adopt a Resolution awarding the purchase of a Hoffman and Lamson model 815 ADOO Conventional Air Filter Blower System, to McKenna Engineering and Equipment Co. Inc, of Fairfield, CA in the amount of $135,232.28 for the Conventional Filter Blower Upgrade Project, finding that the action is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301 (Class 1 – Existing Facilities) and that the award is in the best interest of the City
5. Approve the 2026 Feather River Air Quality Management District (FRAQMD) Board of Directors
Approve the Member Jurisdiction Appointments to the FRAQMD Board of Directors for 2026
The motion was passed with 4 votes [Kirchner absent]
Business Items
6. Appointments to the City of Yuba City Youth Commission Vice-Mayor Pasquale moved and Councilmember Cole seconded the motion to:
Approve the Recommendations for Appointments to the Youth Commission The motion was passed with 4 votes [Kirchner absent]
7. Appeal of the Planning Commission’s approval of Use Permit 24-04, Tentative Parcel Map 24-01, Variance 24-01, and Environmental Assessment 24-06 located at 590 Colusa Avenue
Mayor Boomgaarden opened a Public Hearing
Karen Barton spoke
Bridgit Barnes spoke
Mayor Boomgaarden closed the Public Hearing
Councilmember Shaw moved and Vice-Mayor Pasquale seconded the motion to:
Adopt a Resolution of the City Council of the City of Yuba City denying the appeal of, and affirming the decision of, the Planning Commission’s approval of Use Permit 24-04, Tentative Parcel Map 24-01, Variance 24-01, and Environmental Assessment 24-06 (a mitigated negative declaration), and independently approving and adopting Environmental Assessment 24-06, Use Permit 24-04, Tentative Parcel Map 24-01 and Variance 24-01
The motion was passed with 4 votes [Kirchner absent]
Future Agenda Items
8. Future Agenda Items
No suggestions were made
Reports and Communications
9. City Manager's Report
10. City Council Reports
- Councilmember Cole
- Councilmember Shaw
- Vice-Mayor Pasquale
- Mayor Boomgaarden
Adjournment
Mayor Boomgaarden adjourned the Regular Meeting of the City Council at 6:37 PM
________________________________________
Marc Boomgaarden, Mayor
ATTEST:
_________________________________
Ciara Wakefield, City Clerk
Agenda Item 3
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: James Runyen, Police Chief
Summary
Subject: Dispatch AT&T Annual Maintenance—Supplemental Appropriation Recommendation: Adopt a Resolution to authorize the Finance Director to make a supplemental appropriation of $47,732.15 from account 100-4420 to account 2170-62701 Fiscal Impact: A total of $47,732.15 is needed for supplemental appropriation until the Police Department is reimbursed by the California Office of Emergency Services Purpose:
To maintain required service coverage and vendor support for the City's existing 911 phone system.
Council's Strategic Goal:
This maintenance contract renewal addresses Council's goals of fiscal responsibility and technology.
Background:
This expense was not included in the 25/26 adopted budget based on the anticipation of the new ATE/Next Generation 911 system upgrade would be implemented during this period, thereby eliminating the need for ongoing maintenance coverage for the legacy system. The Next Generation 911 has been put on hold by the state until further notice, thus compelling us to stay with our current systems.
Analysis:
Cal OES has placed the Next Generation 911 implementation on hold until further notice, and as a result, the Police Department is required to continue operating and supporting the current 911 sytem to ensure uninterpreted emergency call delivery and answering services. This maintenance cost is reimbursable through the California Office of Emergency Services(Cal OES), which administers reimbursement funding for liable Public Safety Answering Point (PSAP) equipment and services through the State Emergency Telephone Number Account (SETNA) pursuant to the Emergency Telephone Users Surcharge Act. The department will submit the invoice for reimbursement and expects reimbursement for the full amount once approved. Approval of this supplemental appropriation in the amount of $47,732.15 is necessary to fund the expenditures not anticipated at the time of budget adoption. This action aligns with the current operational needs and maintains fiscal
accountability while ensuring uninterrupted service delivery.
Fiscal Impact:
If approved, the supplemental appropriation will make available $47,732.15 to continue maintenance service with AT&T.
Alternatives:
Do not approve the appropriation of funds at this time and provide direction to staff on how to proceed to fund the ongoing maintenance of the 911 operating system.
Recommendation:
Adopt a Resolution to authorize the Finance Director to make a supplemental appropriation of $47,732.15 from account 100-4420 to account 2170-62701.
Attachments:
1. Resolution - AT&T Dispatch Annual Maintenance
2. 11122025_AT&T (1)
Prepared By: Submitted By:
Kim Slade
Police Commander
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING A
SUPPLEMENTAL BUDGET APPROPRIATION FOR AT&T MAINTENANCE SERVICES WHEREAS, The City Council of Yuba City adopts an annual budget to provide for operation and maintenance of essential services; and
WHEREAS, AT&T provides critical telecommunications and maintenance services necessary for the continued operation of yuba city's police department 911 operating system; and WHEREAS, sufficient funds are available and it is necessary to authorize a supplemental budget appropriation to ensure timely payment and uninterrupted service; NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
(1) A supplemental budget appropriation in the amount of $47,732.15 is hereby approved for the purpose of covering AT&T maintenance services.
(2) Funds shall be appropriated from 100-4420 and allocated to 2170-62701 (3) The City Council further authorizes the Finance Director to process payment to AT&T for maintenance service for the 911 operating system
The forgoing 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 17th day of February 2026.
AYES:
NOES:
ABSENT:
_________________________________
Marc Boomgaarden, Mayor
ATTEST:
______________________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_________________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Annual Community Facilities District Report Pursuant to Government Code Section 53411
Recommendation: Note and file
Fiscal Impact: Information item only
Purpose:
Annual report on the background and status of the Community Facilities District as required by state law.
Council's Strategic Goal:
This item satisfies the City Council strategic goal of fiscal responsibility.
Background:
In accordance with Government Code Sections 50075.3 (regarding special taxes) and 53411 (report on bonded proceeds), a report concerning the Sunsweet Boulevard and Valencia Estates Community Facilities Districts is required to be filed annually with the City Council. This staff report serves to fulfill the requirements.
Analysis:
The report must address the following items:
Sunsweet Boulevard, established 2004
1. The amount of funds collected and expended – On May 12, 2005, the City issued $3,250,000 in Community Facilities District Bonds. Of this amount, $2,705,904 was placed into the project fund and the remainder was used for cost of issuance and to establish a reserve fund. The entire $2,705,904 has been expended on the project. On July 19, 2016, the outstanding bonds, $2,437,327, were refunded and are referred to as special tax refunding bonds, series 2016.
Special tax assessments were placed on the properties within the district and the amount collected for fiscal year 2024-25, as of June 30, was $215,778 in assessments. These funds
were primarily used to pay debt service and the City can expect about the same amount in FY 2025-26.
2. The status of the project required or authorized to be funded – The project as defined by the “List of Authorized Facilities” (that was adopted as part of the resolution forming the district) is complete, including related improvements (traffic signal at Highway 99 and connector road to Walton Avenue on the south side of Sunsweet), with a Notice of Completion dated July 2007.
Valencia Estates, established 2017 & CFD 2021-1
1. The amount of funds collected and expended – during FY 2024-25, the City collected $119,651 in special assessments from the district property owners and staff anticipates a similar amount for FY 2025-26.
2. The status of the project required or authorized to be funded – the City expended $6,451 for district administration on behalf of the district with the remainder to fund Police protection services; Fire protection and suppression services; maintenance of parks, parkways, streets and roads, and open space; flood and storm protection services, among other less common services.
Fiscal Impact:
Information item only.
Recommendation:
Note and file the annual Community Facilities District Report pursuant to Government Code Section 53411.
Attachments:
None
Prepared By: Submitted By:
Diona Pope
Finance Director
Robert Bendorf
City Manager
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Marc Boomgaarden, Mayor
Summary
Subject: 2026 Appointments to the City of Yuba City Senior Commission Recommendation: Approve the Recommendations for Re-Appointment of Three (3) Members to the Senior Commission
Fiscal Impact: None
Purpose:
To fill scheduled vacancies on the Yuba City Senior Commission.
Background:
The Senior Commission acts in an advisory capacity to the City Council, City Manager, and Community Services Department in all general matters related to the planning and implementation of City programs and services designed to address the needs of the aged population in Yuba City.
The Senior Commission consists of five (5) Commissioners confirmed by the City Council, each serving four (4) year terms. On February 27, 2026, the terms for three (3) incumbent Commissioners will expire (Boyer, Epley, and McFarlane). The City advertised the anticipated vacancies and accepted applications for a period of 10 days - Interested incumbents were required to reapply. All applications were evaluated and the selection process for the Senior Commission is now complete. At this time, the following re-appointments are recommended:
Commission Name Term Ending
Senior Commission John Boyer 2/27/2030
Senior Commission Pam Epley 2/27/2030
Senior Commission Michael McFarlane 2/27/2030
Fiscal Impact:
None
Recommendation:
Approve the re-appointment recommendations of John Boyer, Pam Epley, and Michael McFarlane, to
the Senior Commission.
Attachments:
None
Prepared By: Submitted By:
Ciara Wakefield
City Clerk
Robert Bendorf
City Manager
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Public Works Director
Summary
Subject: 2026 Wastewater Collections Improvement Project - Contract Award Recommendation: Adopt a Resolution to:
A. Award the construction contract to North Star Construction and Engineering, Inc. of Yuba City, CA in the amount of their total bid of $723,480 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. Finds that CEQA was previously assessed for the Project, a categorical exemption (Class 1) was adopted, approval of this contract is within the scope of the previously approved Project, and no further environmental review is required under CEQA
C. Award a Professional Services Agreement to Inferrera Construction Management Group, LLC. Of Shingle Springs, CA for Inspection Services in the amount of $87,150 and authorize the City Manager to execute the contract on behalf of the City, Subject to material terms, subject to review and approvals as to legal form by the City Attorney, and with the finding that it is in the best interest of the City
Fiscal Impact: $973,413 – Total Project Cost - Account No. 981104 (Recurring Collection or Rehabilitation System Projects)
$723,480 - Contract Award Amount
$144,696 - Contingency (20%)
$87,150 - Inspection Services (12%)
$18,087 - City Administration (2.5%)
Purpose:Purpose:
To maintain the City’s wastewater collection system operational effectiveness through proactive rehabilitation and major maintenance.
Council's Strategic Goal:
This project addresses the City Council's Strategic Goal of improving the City's Infrastructure.
Background:
The existing wastewater collections system in Yuba City is aging. In some cases, pipelines are beyond their service life and at or near failure. In an ongoing effort to replace failing sewer pipelines, a list of priority locations has been developed and maintained. This list combines pipeline segments highlighted in the 2020 Wastewater Master Plan and pipe segments actively monitored by the City’s maintenance crews.
The list prioritizes pipelines based on likelihood of failure and consequences of failure. Wastewater pipelines in this project contain sections of pipe that are missing, cracked, sagging, and/or deteriorated to a point that has led to pipe failure.
Based on these metrics, the sewer pipeline locations included in this proposed project are:
• Lift Station 2 (LS 2) 15-inch Influent Pipeline, adjacent Market St behind baseball fields. This pipe segment collects sewer flows from northern Yuba City and discharges into LS 2. • 8-inch Sewer Pipeline on Burns Drive. This segment collects Valley Fine Food flows and discharges into the City’s Wastewater Treatment Facility.
The aforementioned pipeline segments are vital to the operation of the City’s wastewater collections and conveyance operations. To avoid catastrophic service disruptions, staff recommends immediate rehabilitation of both pipeline segments.
Analysis:
Construction Contract:
The Wastewater Collections Improvement Project was advertised for bids beginning January 22, 2026.
Plans and specifications were posted on publicpurchase.com and provided to local builder/contractor exchanges. On February 9, 2026, 1 bid was received and opened by the City Clerk. A list of the bid received, and the Engineer’s Estimate are shown below.
Company Total Bid
North Star Construction and Engineering, Inc. $723,480
Engineer’s Estimate $850,000
North Star Construction and Engineering, Inc. of Yuba City, CA is the low, responsible, and responsive bidder. Additionally, North Star Construction and Engineering, Inc meets the following minimum project and personnel experience requirements:
• Minimum of 25,000 linear feet of CIPP installed in the U.S. • Minimum of five (5) years of active experience in the commercial installation of CIPP. • Minimum of three (3) successfully completed projects totaling at least 15,000 linear feet of CIPP installation with a minimum pipe diameter of 8-inches.
• Field Superintendent shall have at least three (3) successfully completed projects with Cure-inplace pipe supervisory.
Inspection:
Rehabilitation of the two major wastewater collection pipelines and operation of a bypass system to divert large amounts of sewage flow will require full-time inspection to ensure compliance with the City’s specifications, minimize operational disruptions, and represent the City against potential construction claims. The inspection needs of this project exceed City staffing levels, especially considering all the other planned capital improvement, development projects, and encroachment permits.
On January 28, 2026, staff requested a proposal from Inferrera Construction Management Group, Inc. (ICM) to provide inspection services for the Wastewater Collections Improvement Project. On February 11, 2026, ICM submitted their proposal for review. ICM is highly qualified and has a proven track record of providing construction management and inspection services on large and complex municipal wastewater projects, including the City’s Wastewater Treatment Facility’s Improvement Project, Garden Highway Trunk Line Rehabilitation Project, and Bogue Road Sewer Extension Project. Additionally, ICM is extremely familiar with the City’s wastewater infrastructure, has been the selected consultant through traditionally request for proposal process in the past, and billing rates are competitive with the industry.
Staff recommends entering into a Professional Services Agreement with ICM in the amount of $87,150.
The City will be billed for costs.
Contract administration will be performed by Public Works Department staff.
Project Construction is expected to begin Summer 2026.
Fiscal Impact:
The estimated total project cost is approximately $973,413. This estimate includes 20% contingency and 12% inspection costs. Account No. 981104 (Recurring Collection or Rehabilitation System Projects) has approximately $1,293,335.97. Detailed fiscal impacts and any appropriate transfers of funds will be presented to Council at the time of award based on actual bid amounts.
Construction Contract $ 723,480
Construction Change Order Contingency (20%) $ 144,696
Inspection (12%) $ 87,150
City Administration (2.5%) $ 18,087
Total Project Cost $ 973,413
Staff is proposing a $144,696 construction contingency which equates to approximately 20% in contingency funds. To divert all the sewage flow necessary to rehabilitate the pipelines, a bypass system will be required to operate continuously in order to prevent a lapse in wastewater services to a large portion of the population. The complicated nature of the bypass system and its operation present the risk of unforeseen construction conditions
Alternatives:
1. Reject the bids and delay/cancel the project.
2. Delaying/canceling the project may result in the failure of the existing pipelines and cause catastrophic service disruptions.
Recommendation: Adopt a Resolution which takes the following actions:
A. Award the construction contract to North Star Construction and Engineering, Inc. of Yuba City, CA in
the amount of their total Bid of $723,480 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. Finds that CEQA was previously assessed for the Project, a categorical exemption (Class 1) was adopted, approval of this contract is within the scope of the previously approved Project, and no further environmental review is required under CEQA.
C. Award a Professional Services Agreement to Inferrera Construction Management Group, LLC. Of Shingle Springs, CA for Inspection Services in the amount of $87,150 and authorize the City Manager to execute the contract on behalf of the City, Subject to material terms, subject to review and approvals as to legal form by the City Attorney, and with the finding that it is in the best interest of the City.
Attachments:
1. RESOLUTION - Wastewater Collections Improvement
2. Exhibit A - (Draft) Ageement Contract No. 23-08
3. Exhibit B - (Draft) Professional Services Agreement - ICM Prepared By: Submitted By:
Leticia Villalobos
Assistant Civil Engineer
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A
CONSTRUCTION CONTRACT TO NORTH STAR CONSTRUCTION AND
ENGINEERING, INC IN THE AMOUNT OF THEIR TOTAL BID OF $723,480,
AUTHORIZING 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, AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES TO INFERRERA CONSTRUCTION MANAGEMENT GROUP, INC. IN THE AMOUNT OF $87,150, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY, SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM BY THE CITY
ATTORNEY
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Wastewater Collections Improvement Project (Project); and, WHEREAS, in response to the advertisement, the City received one (1) bids for the Project in the following bid amount:
North Star Construction and Engineering, Inc. $723,480; and WHEREAS, the City Public Works Department reviewed the one (1) bid, and examined North Star Construction and Engineering, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and,
WHEREAS, the City desires to award the bid to North Star Construction and Engineering, Inc. of Yuba City, CA and enter into an agreement with North Star Construction and Engineering, Inc. to construct the Project; and, WHEREAS, Inferrera Construction Management Group, Inc. (ICM) is highly qualified, with proven track record of providing excellent construction management and inspection services on large and complex City wastewater projects at competitive rates; and
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
1. The City Council of the City of Yuba City finds that all the facts set forth in the recitals above are true and current and incorporated herein.
2. The City Council of the City of Yuba City finds that CEQA was previously assessed for the project, a categorical exemption (Class 1) was adopted, approval of this contract is within the scope of the previously approved project, and no further environmental review is required under CEQA.
3. The City Council of the City of Yuba City does hereby accept the 1 (one) bid received as noted above, finds that North Start Construction and Engineering, Inc. is the lowest responsive and responsible bidder, and awards the construction
contract to North Start Construction and Engineering, Inc, in the total amount bid of $723,480 for the Wastewater Collections Improvement Project. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
4. The City Council of the City of Yuba City awards a professional services agreement for construction and inspection services to Inferrera Construction Management Group, Inc. of Shingle Springs, CA in the amount of $87,150. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of February 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):
A. (Draft) Agreement – Contract No. 23-08
B. (Draft) Professional Services Agreement – Inferrera Construction Management Group
EXHIBIT A
CITY OF YUBA CITY
DEPARTMENT OF PUBLIC WORKS
CONTRACT AGREEMENT
2026 WASTEWATER COLLECTIONS IMPROVEMENTS PROJECT
CONTRACT NO. 23-08
THIS AGREEMENT, made and concluded this ____ day of _________________ 2026, between the City of Yuba City, party of the first part, and North Star Construction and Engineering, Inc, Contractor, party of the second part.
ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Department of Public Works, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the 2018 Standard Specifications, Revised Standard Specifications (10/15/21), the Standard Plans dated May 2018, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The Special Provisions and the project plans for the work to be done are entitled:
2026 WASTEWATER COLLECTIONS IMPROVEMENTS PROJECT
CONTRACT NO. 23-08
Which are hereby made part of this contract.
ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.
ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.22 ARTICLE VI. – The City of Yuba City hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.
ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Yuba City shall exercise general supervision.
ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract.
It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
2026 WASTEWATER COLLECTIONS IMPROVEMENTS PROJECT
CONTRACT NO. 23-08
Item
No. Item Description Unit of Measure
Est.
Qty. Item Price Total Amount
BID SCHEEDULE A (LIFT STATION 2 15-INCH INFLUENT CIPP)
1 Mobilization/Demobilization LS 1 $40,000.00 $40,000.00 2 15” Sanitary Sewer Cleaning LF 1 $16,000.00 $16,000.00 3 Cured-In-Place-Pipe (CIPP)
Rehabilitation of 15” Concrete
Sanitary Sewer (Includes
Furnish & Install)
LF 306 $470.00 $143,820.00
4 Pre-CIPP Rehabilitation CCTV
Inspection
LF 306 $30.00 $9,180.00
5 Post-CIPP Rehabilitation CCTV
Inspection
LF 306 $30.00 $9,180.00
6 Sanitary Sewer Bypass LS 1 $162,000.00 $162,000.00
7 4-Inch Lateral Reinstatement
(Includes remote internal
cutting & top hat installation)
LS 1 $8,000.00 $8,000.00
8 CIPP Testing LS 1 $8,000.00 $8,000.00
9 Misc. Site Restoration (Includes
Asphalt, Concrete, Fencing, &
Landscaping)
LS 1 $15,000.00 $15,000.00
10 Pipe Repair Allowance
(Includes host pipe repairs,
stabilization, replacement,
over-excavation, shoring,
dewatering, and associated
bypass pumping as required)
LS 1 $125,000.00 $125,000.00
TOTAL BID SCHEDULE A = $536,180
Item
No. Item Description Unit of Measure
Est.
Qty. Item Price Total Amount
BID SCHEDULE B (BURNS DRIVE 8-INCH)
1 Mobilization/Demobilization LS 1 $18,000.00 $18,000.00 2 Traffic Control LS 1 $32,000.00 $32,000.00
3 Trench Sheeting, Shoring, &
Bracing, as required by Section
6706 of the California Labor
Code
LS 1 $42,000.00 $42,000.00
4 8-Inch VCP or SDR 26 Sanitary
Sewer (Furnish & Install) LF 116 $225.00 $26,100.00
5 MH Reconnection EA 2 $500.00 $1,000.00
6 Type “A” Trench Restoration
(Includes all necessary saw
cutting, removal, disposal, and
fill)
LF 116 $200.00 $23,200.00
7 Sanitary Sewer Bypass LS 1 $38,000.00 $38,000.00
8 Post Construction CCTV LS 1 $7,000.00 $7,000.00
TOTAL BID SCHEDULE B = $187,300
TOTAL BID SCHEDULE A + B = $723,480
Approved as to form:
City Attorney
City of Yuba City
CITY OF YUBA CITY
Robert Bendorf
City Manager
Date
CONTRACTOR
Company Name
By and Title (signature)
Date
By and Title (printed)
Address
Telephone Number
EXHIBIT B
DRAFT
PROFESSIONAL SERVICES AGREEMENT
Bogue Road Sewer Extension Project – Construction Inspection & Testing Services
This Agreement is made and entered into as of , 2026, by and between the City of Yuba City, a municipal corporation (“City”) and Inferrera Construction Management Group, Inc. (ICM) (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
See Attached Scope of Services
(Exhibit A)
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Eighty-Seven Thousand One Hundred Fifty Dollars and Zero Cents ($87,150.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were
performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request. * Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
10.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
11.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant
represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
14.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
16.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Josh Wolffe
Public Works Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4626
If to Consultant: Jeffrey Inferrera
Principal
Inferrera Construction Management Group, Inc.
7040 Settlers Trail
Shingle Springs, CA 95682
(916) 792-9871
17.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
19.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
23.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
24.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear
the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
25.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
27.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
28.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By:_____________________________ By:_________________________ Robert Bendorf Jeffrey Inferrera
City Manager Principal
Inferrera Construction Management Group, Inc.
Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
Exhibit A
Scope of Services
ICM
7040 Settlers Trail
Shingle Springs, CA 95682
www.icmgroupusa.com Phone 530-683-4038
February 9, 2026
Ms. Leticia Villalobos Melendez
City of Yuba City Public Works Department
1201 Civic Center Blvd.
Yuba City, CA 95993
RE: Proposal for Inspection Services - 2026 Wastewater Collections Improvements Project Dear Ms. Villalobos,
Thank you for the opportunity to present this proposal for inspection services for the City’s 2026 Wastewater Collections Improvements Project (Project). Inferrera Construction Management Group, Inc. (ICM) has worked with the City for several years on numerous pipeline projects including CIPP work on Burns Road. We are currently providing the City with inspection services for the Bogue Road Pump Station and Pipeline Project, and we are excited at the opportunity to be working on this important new Project.
Project Understanding and Approach
ICM reviewed the Project plans and specifications. We understand the primary objectives of this Project are the following:
Rehabilitation of 306 LF of 15” concrete sewer pipeline by the Cured-In-Place-Pipe (CIPP) method. This work will be near Lift Station 2.
Replacement of 116 LF of 8” concrete sewer pipe by the open trench method. This work will be in Burns Drive.
Sewer bypass.
The design was completed by the City. The Contract Time for Completion is 60 working days (Paragraph 2.05, Notice Inviting Bids). The estimated cost is $850,000 (Notice to Contractors).
The Notice To Proceed (NTP) is expected to be issued in the Summer of 2026.
The City has asked for support with inspection services that can mesh seamlessly into the City’s project team. Our team is experienced with Procore and Virtual PM; we are familiar with City staff, City facilities; and we are ready to start immediately. Our work on the multiple city pipeline projects gives our inspector, Paul Lopez, intimate knowledge on exactly how the City wants this Project to be constructed.
For this Project, we propose Paul Lopez as inspector. We have also listed two qualified backup inspectors.
ICM
Paul Lopez
Experience: Paul has 30 years of experience as a public works construction inspector. He has performed inspections on water and wastewater treatment and distribution projects including pump stations, pipelines, and treatment facilities. His work includes wells, electrical equipment and ductbanks, reinforced concrete and masonry structures, mechanical equipment, force mains, gravity lines, trenching, jack and bore, instrumentation, working in streets and working with the public. He is known for successfully completing projects with a team approach.
Mr. Lopez will be your main point of contact. His responsibility is to keep City staff informed of the Project progress and manage the expeditious resolution of issues, verify and document that the work is completed in accordance with the plans, specifications, standards, and regulations.
The backup inspectors will assist on an as needed basis:
Akil Barris, ICC
Experience: Akil Barris has more than 16 years of experience in the construction industry as a construction and ICC certified electrical inspector on a wide variety of public works projects.
Matt Livingston, ICC
Experience: Matt Livingston has over 20 years of experience as a construction inspector. His experience includes site civil work, pipelines, force mains, gravity lines, trenching, working in streets and working with the public.
ICM
Scope of Services
ICM’s proposed scope of services are as follows:
1. Full-time/part-time inspection services, as needed.
2. Assist in the evaluation of change orders.
3. Assist in reviewing payment applications.
4. Field inspector’s as-built drawings.
5. Punchlist assistance.
The following is a list of tasks excluded from ICM’s scope of services:
a) Costs associated with using ProCore or VPM.
b) Material testing.
c) Surveying and survey stakeout.
d) ICM is not responsible for Contractor's safety or safety program. e) ICM is not responsible for Contractor's schedule.
f) Engineering services during construction such as RFI and submittal review. g) Inspector apprentice, if required by State DIR or other entity.
We budgeted for full-time inspection for 60 working days. Our proposed project budget is $13,400, which includes labor and expenses. Our Fee Schedule is attached. Please note that we assume an 8-hour work day and have not budgeted for overtime.
This proposal is based on a time and materials contract. This cost proposal is only an estimate; actual labor effort will be dependent on the contractor’s schedule. Budgeted hours and cost proposal may change based on the actual project schedule. ICM reserves the right to transfer budgeted hours between tasks and subtasks.
Thank you for your consideration of our proposal. We look forward to working with the City on this important Project. If you have questions, please call me at 530-683-4038.
Sincerely,
Inferrera Construction Management Group, Inc.
Jeffrey Inferrera
President
Attachment:
ICM Fee Schedule
ICM
Inferrera Construction Management Group, Inc.
Fee Schedule
For City of Yuba City
2026 Wastewater Collections Improvements Project
February 9, 2026
Labor Hourly Rates by Position
Construction Manager $215
Construction Inspector $175
Electrical Inspector $195
Administrator $90
Expense Rates
Vehicle Note 3
Field Computer, Monthly $100
Field Phone/Internet, Monthly $150
Other ODCs billed separately
Administrative Fees
Expenses 0%
Subconsultants 5%
Notes:
1. Minimum 4-hour onsite charge per site or off-site visits.
2. Overtime will be charged 1.5 times the hourly rate for time worked over eight hours a day and Saturdays. Sundays, Holidays, and time worked over twelve hours a day are charged at 2 times the hourly rate. Second shift work performed between 5 p.m. and 5 a.m. will be charged an additional $20 per hour.
3. Travel will be charged in accordance with prevailing wage requirements which include IRS mileage rate and travel time over 50 miles one way, plus a minimum of $40 per day. Business driving will be charged at the IRS mileage rate. Maximum vehicle charge is $1,800 per month.
4. This Rate Schedule is valid until December 31, 2026. After December 31, 2026, rates subject to 4% adjustment per year.
Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Yuba City Planning Commissioner Appointment to the Sutter County Planning Commission
Recommendation: Appoint District 3 Yuba City Planning Commissioner Scott Blankenship to the Sutter County Planning Commission
Fiscal Impact: None
Purpose:
To appoint Yuba City Planning Commissioner Scott Blankenship to the Sutter County Planning Commission for 2026.
Council’s Strategic Goal:
This item does not directly meet one of the Council’s strategic goals but is necessary to comply with Municipal Code Section 8-1.02 and Sutter County Ordinance Code Chapter 72.
Background:
Traditionally, Yuba City and Sutter County codes required that a Planning Commissioner from each jurisdiction sit on each other’s Planning Commission. This changed in 2025 as part of Yuba City’s transition to district-based representation. As a result of this transition, it was necessary for the Sutter County position to transition to a non-voting liaison position.
Sutter County Ordinance Chapter 72 still provides for a City Planning Commissioner to sit on the Sutter County Planning Commission. It is beneficial for the community when the City and County governmental bodies cooperate on various projects that impact both jurisdictions. Having a member of the Yuba City Planning Commission serving as a representative on the Sutter County Planning Commission and a member of the Sutter County Planning Commission serving as a liaison on the Yuba City Planning Commission ensures that the interests, perspectives, and priorities of each jurisdiction are voiced and considered, thus resulting in more informed decision-making. These projects may include regional environmental analysis, the expansion of infrastructure, the conversion of agricultural land to urban uses, and the distribution of natural resources.
Analysis:
Municipal Code Section 8-1.01(f) provides for the Yuba City Planning Commission to nominate a member to serve on the Sutter County Planning Commission. On January 28, 2026, the Yuba City Planning Commission unanimously selected District 3 Planning Commissioner Scott Blankenship for this role in 2026.
If this appointment is confirmed by the City Council, it will be forwarded to the Sutter County Board of Supervisors for confirmation. The term will end one year after the appointment, on February 17, 2027.
Fiscal Impact:
None.
Alternatives:
Do not confirm the appointment; however, the Council should provide direction of how it desires to proceed.
Recommendation:
Appoint District 3 Yuba City Planning Commissioner Scott Blankenship to the Sutter County Planning Commission.
Attachments:
None
Prepared By: Submitted By:
Doug Libby, AICP
Director of Development Services
Robert Bendorf
City Manager
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Robert Bendorf, City Manager
Summary
Subject: Disclosure of Sales or Transactions Use Tax Records by HdL Companies to authorized City Officials
Recommendation: Adopt a Resolution Authorizing Certain City Officials Access to HdL Companies Sales and Use Tax Data
Fiscal Impact: None
Background:
The City of Yuba City has a long-standing contract with HdL Companies (Hinderliter, de Llamas & Associates) for sales tax consulting services. The services include revenue analysis and forecasting which assists City staff in managing sales tax revenue, analyze economic trends, and develop policies to support economic development.
HdL Companies receives confidential sales or transactions and use tax data from the California Department of Tax and Fee Administration (CDTFA). Section 7056(b)(1) of the California Revenue and Taxation Code stipulates that such information may only be disclosed to City officials authorized by Resolution of the City Council.
Analysis:
To comply with state law, the City must identify City officials authorized to review sales tax data, and update the list periodically to ensure that current City officials are identified.
The Resolution will authorize the following City officials access to these records and supersedes all previous authorizations:
City Manager Finance Director
Assistant/Deputy City Manager Assistant Finance Director Management Analyst Accounting Manager
Administrative Analyst Development Services Director
In addition, the Resolution will allow the City Manager to edit the list of authorized positions in the future by submitting a designation letter to CDTFA.
HdL Companies will be permitted to disclose information contained in, or derived from, sales or
transactions and use tax records only to the City officials named in this Resolution. This ensures compliance with state regulations while maintaining confidentiality and security of sensitive financial data.
Fiscal Impact:
There is no fiscal impact associated with adoption of this Resolution.
Alternatives:
There are no alternatives recommended for this request.
Recommendation:
Adopt a Resolution Authorizing Certain City Officials Access to HdL Companies Sales and Use Tax Data.
Attachments:
1. Resolution - Sales Tax Data
Prepared By: Submitted By:
Grace Mull
Management Analyst
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056
WHEREAS, The City of Yuba City has a long-standing contract with HdL Companies for Sales tax consulting services. The services include revenue analysis and forecasting which assists City staff in managing sales tax revenue, analyze economic trends, and develop policies to support economic development; and
WHEREAS, HdL Companies receives confidential sales or transactions and use tax data from the California Department of Tax and Fee Administration (CDTFA). Section 7056(b)(1) of the California Revenue and Taxation Code stipulates that such information may only be disclosed to City officials authorized by resolution of the city Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
SECTION 1. The following City Officials are hereby authorized to receive and review sales and use tax allocation records from the State Board of Equalization:
City Manager Finance Director
Assistant/Deputy City Manager Assistant Finance Director Management Analyst Accounting Manager
Administrative Analyst Development Services Director
SECTION 2. The following independent contractor for the City of Yuba City is hereby also authorized to receive and review sales and use tax records from the California Department of Tax and Fee Administration:
HdL Companies (Hinderliter, de Llamas & Associates)
SECTION 3. The City of Yuba City hereby certifies that HdL Companies:
A. Has a current confidentiality contract with the City to receive sales and use tax records; and
B. Is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract; and
D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired.
SECTION 4. Information obtained by examination of Board records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification.
SECTION 5. The City Manager is authorized to edit the list of authorized City officials in the future by submitting a designation letter to the CDTFA.
SECTION 6. This resolution supersedes all previous authorizations.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and serve a copy to:
California Department of Tax and Fee Administration
Anh Huang
Local Revenue Branch
450 N Street, MIC 27
Sacramento CA 95814
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 17th day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Marc Boomgaarden, Mayor
ATTEST:
______________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM:
___________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Kevin Bradford, Deputy Public Works Director - Engineering Summary
Subject: 442 B Street Environmental Assessment - Professional Service Agreement Amendment No. 1
Recommendation: Adopt a Joint Resolution authorizing Amendment No. 1 to the existing contract with EKI Environment & Water (EKI) for the 442 B Street Environmental Assessment, with the finding that it is in the best interest of the Successor Agency and the City
Fiscal Impact: $536,900 in unused grant funds – Account No. 951334 (Clean Up 442 B Street) Purpose:
To amend the City’s contract with EKI Environment & Water for the site investigation and cleanup workplan development for the property at 442 B Street. This will allow for the full grant amount to be utilized.
Council’s Strategic Goal:
This item addresses Council’s Strategic Goals of Fiscal Responsibility, Public Safety, and Infrastructure by utilizing grant funding to provide an environmental assessment and cleanup workplan for a property planned for redevelopment.
Background:
On October 3, 2023, Council authorized the City Manager to execute all necessary documents to submit an application for Round 2 of the Equitable Community Revitalization Grant (ECRG) from the California Department of Toxic Substances Control (DTSC) Office of Brownfields. This application was for a Site-Specific Investigation to perform a Phase II ESA, supplemental work to evaluate different cleanup methods, and preparation of a cleanup plan for the property of 442 B Street, located between Town Square Road and Wilbur Avenue (Site). That application was successful and on March 20, 2024, the City signed an award letter totaling $2,086,000 in ECRG funding.
On July 2, 2024, Council awarded a professional services contract to EKI Environment & Water of Davis, CA (EKI) to perform site investigation and cleanup workplan development services on behalf of the City, in the amount of $1,575,000, which included $485,000 in optional tasks that Council authorized the City Manager to approve as needed. In November 2024, Council authorized a contingency of $157,500 to EKI's contract. Despite the earlier authorizations, the current modified contract amount is equal to $1,346,600.
Analysis:
In September 2025, the City applied for an available extension of the ECRG grant. This extension was approved, and the grant term was extended from March 2026 to October 2027. This extension allows the City and EKI to more effectively develop the final product of the grant, an approved cleanup plan for the Site, to improve the environment and help provide interest in the Site for future developers. To facilitate this improved work product, staff and EKI desire to amend the current consultant contract tasks as follows:
1. Cleanup Plan - EKI has prepared a draft cleanup plan for the site, which was submitted to the Central Valley Regional Water Quality Control Board (Water Board), which provides regulatory oversight for this project, at the end of August 2025, and has expended the City-approved budget for this task. The budget augmentation for this task covers remaining potential services related to the cleanup plan that may be required to gain Water Board approval, which includes formally responding to Water Board comments to incorporate associated changes, potential additional sampling or evaluation, public notification, and negotiation with the Water Board or other stakeholders.
2. Scoping and Budgeting for Cleanup – this task is for the preparation of contract documents for use in contractor selection for future remedy implementation. This existing grant-eligible task can include development of implementation plans, supporting the City in interactions with potential developers, and review of developer submittals.
3. Community Outreach – additional community outreach will be needed for the extended grant term. The Water Board also indicated that the cleanup plan will require a public notification and comment period as part of the approval process.
In order for the City to utilize the grant extension most effectively, staff requests authorization to amend the EKI contract in an amount that will not exceed the available grant funding.
Fiscal Impact:
The ECRG grant allocates a maximum amount of $1,883,500 for EKI's scope of work. This is the total ECRG amount ($2,086,000), less the amounts budgeted for Grant Project Management ($97,000) and Regulatory Oversight ($105,500). To date, the City Manager has authorized $256,600 in optional tasks, bringing the current EKI contract amount to $1,346,600. Staff is requesting authorization to amend EKI's contract to utilize the additional $536,900 in available ECRG grant funding, resulting in a not-to-exceed contract amount of $1,883,500. The ECRG grant provides sufficient funding ($2,086,000) to cover these costs and is already budgeted in Account 951334 (Clean Up 442 B Street).
Alternatives:
Council could choose to delay amending the contract at this time, and direct staff to bring the item back at a later date, or choose not to spend all available grant funding on refining the cleanup plan and direct staff to produce a clean up plan that fits within the current authorized amount.
Recommendation:
Adopt a Joint Resolution authorizing Amendment No. 1 to the existing contract with EKI for the 442 B Street Environmental Assessment, with the finding that it is in the best interest of the Successor Agency and the City.
Attachments:
1. Resolution - Amendment No. 1
2. Exhibit A - Amendment 1
Prepared By: Submitted By:
Shannon Sardo
Administrative Analyst
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
JOINT RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF YUBA CITY, AND THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING AMENDMENT NO. 1 TO THE EXISTING CONTRACT WITH EKI ENVIRONMENT & WATER FOR THE 442 B STREET ENVIRONMENTAL ASSESSMENT WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Yuba City owns an infill property located at 442 B Street (Site); and WHEREAS, in March 2024, the California Department of Toxic Substances Control’s Office of Brownfields awarded the City an Equitable Revitalization Community Grant in the amount of $2,0860,000 for a Site-Specific Investigation to perform a Phase II ESA, supplemental work to evaluate different cleanup methods, and preparation of a cleanup plan for the Site; and
WHEREAS, on July 2, 2024, the Board of Directors of the Successor Agency and City Council of the City of Yuba City jointly awarded EKI Environment & Water of Davis, CA, (EKI) a contract for the 442 B Street Environmental Assessment in the amount of $1,575,000, including $485,000 in optional tasks; and
WHEREAS, on November 19, 2024, the Board of Directors of the Successor Agency and City Council of the City of Yuba City jointly authorized a contingency of $157,500; and WHEREAS, the City has received a grant extension from the California Department of Toxic Substances Control extending the project through October 2027; and WHEREAS, the grant deadline extension affords an opportunity to further develop the cleanup plan, advance implementation of the plan, and perform additional community outreach; and
WHEREAS, sufficient grant funding remains to provide the aforementioned additional services within the extended grant deadline.
NOW, THEREFORE, the Board of Directors of the Successor Agency to the Redevelop Agency of the City of Yuba City, and the City Council of the City of Yuba City, do hereby jointly resolve as follows:
1. The Recitals are incorporated herein as if set forth in full.
2. The City Manager is authorized to enter into Amendment No. 1 to the Professional Services Agreement with EKI Environment & Water of Davis, CA for the 442 B Street Environmental Assessment, attached to this Resolution as Exhibit A, subject to material terms and with the finding that approval of such amendment is in the best interest of the Successor Agency and the City.
3. 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 17th Day of February 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Chair of
Successor Agency & Mayor
ATTEST:
Ciara Wakefield, City Clerk &
Clerk of Successor Agency
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney & General
Counsel for Successor Agency
Aleshire & Wynder, LLP
EXHIBIT A – Amendment No. 1
EXHIBIT A
01248.0006/607565.1
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES
EKI ENVIRONMENT & WATER
EKI Environment & Water
2001 Junipero Serra Blvd. Ste 300
Daly City, CA 94014
SUBJECT: Amendment No. 1 to Contract for 442 B Street Environmental Assessment This Amendment to the Agreement for Professional Services dated July 8, 2024 (“First Amendment”) is made and entered into as of the ___ day of _________, 2026 by and between the City of Yuba City (“City”) EKI Environment & Water Inc (EKI) (“Consultant”).
Recitals
Whereas, by Professional Services Agreement dated July 8, 2024 (“Prime Agreement”), City entered into an agreement with Consultant for Professional Services for site investigation and cleanup workplan development for the property at 442 B Street in the amount of $1,575,000, utilizing grant award funds from the City’s Equitable Community Revitalization Grant (ECRG) from the California Department of Toxic Substances Control (DTSC).
Whereas, the City has received a grant extension from the DTSC extending the project through October 2027, which affords an opportunity to further develop the cleanup plan, advance implementation of the plan, and perform additional community outreach; and
Whereas, the Parties desire to amend the Prime Agreement for a first time to provide for construction management and inspection services through completion of the Project.
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 1, Scope of Services, is hereby amended to include both the Project Scope included in the Prime Agreement and Exhibit B attached hereto.
2. Section 3, Compensation, first and second sentence of the Prime Agreement is replaced in its entirety with the following:
Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A of the Prime Agreement and Exhibit B attached hereto. In no event shall Consultant’s compensation exceed $1,883,500.00 without additional written authorization from the City.
3. A copy of the Prime Agreement is attached hereto as Exhibit “A” and, except as otherwise amended by this First Amendment, the Prime Agreement is incorporated as though set forth in full herein.
4. A copy of the Change Order Request from EKI is attached hereto as Exhibit “B”.
01248.0006/607565.1
5. Except as amended in this First Amendment, the terms and conditions of the Prime Agreement shall remain the same and shall be in full force and effect. This First Amendment is not effective until approved and executed by the authorized City representative.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above.
CITY:
CITY OF YUBA CITY, a municipal corporation
Robert Bendorf, City Manager
CONSULTANT:
EKI Environment & Water
Name:______________________________
Title:________________________________
Kindly execute the original and two (2) copies and return to City Hall at 1201 Civic Center Boulevard, Yuba City, CA 95993; the City will return a fully-executed copy to you via mail for your files.
Attachments:
Exhibit A: Prime Agreement
Exhibit B: Change Order Request (December 3, 2025)
01248.0006/607565.1
Exhibit A
Prime Agreement
01248.0006/607565.1
Exhibit B
Change Order Request
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
3 December 2025
Kevin Bradford and Shannon Sardo
City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
Subject: Change Order Request
442 B Street, Yuba City, California
(EKI C40126.01)
Dear Mr. Bradford and Ms. Sardo:
EKI Environment & Water, Inc. (EKI) is performing work for the 442 B Street, Yuba City property (the site) in accordance with our executed contract with the City of Yuba City (the City) dated 8 July 2024 (Contract), as modified with approval by the City on 16 September 2024 and 27 January 2025 (Modified Contract).
The tasks and associated budgets approved by the City under the Modified Contract are summarized in the table below.
Task
No. Task Description
Modified
Contract Budget
T1a Investigation Work Plan $ 90,000
T1c Arsenic Background Calculation $ 10,500
T1d Investigation Rescoping $ 8,500
T1e Import WSP Data $ 10,600
T1f Additional Coordination with Water Board1 $ 87,000
T2a Bench-Scale Testing Work Plan $ 30,000
T2b Bench-Scale Testing $ 80,000
T3a Preparation for Field Investigation $ 40,000
T3b XRF Investigation $ 70,000
T3c Shallow Soil and Soil Vapor Sample Collection $ 260,000 T3d
Deep Soil and Shallow Groundwater Sample
Collection $ 75,000
T3e Investigation-Derived Waste $ 10,000
T4a Investigation Report $ 130,000
T4b Baseline Human Health Risk Assessment $ 35,000
T5 Cleanup Work Plan $ 125,000
T6 Scoping and Budgeting for Cleanup $ 100,000
1 Regional Water Quality Control Board, Central Valley Region.
City of Yuba City
3 December 2025
Task
No. Task Description
Modified
Contract Budget
T7 Community Outreach $ 125,000
T8 Pilot Test Work Plan $ 60,000
TOTAL BUDGET $ 1,346,600
BUDGET UNDERSTANDING
EKI’s understanding of EKI’s City-approved budgets, City Council authorized budget limits gleaned from publicly available documents, and funds available from the Equitable Community Revitalization Grant (ECRG) is provided in the table below. ECRG funds were recently reallocated when the Department of Toxic Substances Control (DTSC) approved an extension of the ECRG to 7 October 2027.
Description Amount
(a) Modified Contract budget $ 1,346,600
(b) EKI budget limit authorized by City Council $ 1,732,500 (c) ECRG funds allocated to EKI $ 1,883,500*
(d) Unapproved funds authorized by City Council for EKI (b - a) $ 385,900 (e) Unapproved funds available in ECRG allocated to EKI (c - a) $ 536,900 *This amount was calculated via this formula, using rounded numbers: Total ECRG amount ($2,086,000) - Regulatory Oversight ($105,500) - Grant Project Management Labor/Travel ($97,000)
CHANGE ORDER REQUEST (COR)
Based on the progress of the work to date, EKI has prepared this request to change the Modified Contract as follows:
The Modified Contract allows EKI to reallocate budget among tasks to perform the work. The amount allocated in the ECRG for EKI services is a total of $1,883,500. To date, $1,732,500 has been authorized by the City Council for EKI. EKI requests an increase in our contract amount to $1,883,500 for expected services associated with EKI Tasks 5, 6, and 7, among others, for potential additional scope related to those tasks described below. Given that the full scope of EKI services is unknown at this time, work will be completed with City verbal or written approval if remaining funds in the ECRG are available.
o Task 5. Cleanup Plan: EKI has prepared a draft cleanup plan for the site, which was submitted to the Central Valley Regional Water Quality Control Board (Water Board) in the form of Draft Feasibility/Remedial Action Plan (FS/RAP) at the end of August 2025, and has expended the City-approved budget for this task. The budget augmentation for Task 5 in this COR covers remaining potential EKI services related to the FS/RAP that may be required to gain Water Board approval.
Although the full scope of EKI services that may be required are unknown at this time pending Water Board and other stakeholder input, potential EKI services may include receiving and formally responding to Water Board and public comments via response-tocomments documents and revising the Draft FS/RAP two times or more to incorporate associated changes. Other activities may include, among others, additional sampling or
City of Yuba City
3 December 2025
evaluations to respond to Water Board requests; supporting the FS/RAP public notification process (see also Task 7); and negotiation with the Water Board and other stakeholders. o Task 6. Scoping and Budgeting for Cleanup: This task is for the preparation of contract documents (plans and specifications) for use in contractor selection for future remedy implementation. To date, limited work on this task has been initiated. Based on the progress of the project since 2024, EKI is requesting additional scope and budget related to other potential cleanup preparation activities that may be needed for the project, requested by the City, and are ECRG-eligible as determined by DTSC, including EKI services for, among others, development of implementation plan(s) for review and approval by the Water Board; supporting the City with interactions with potential developers, developer selection (as appropriate), and review of developer submittals to the City regarding the cleanup and measures to be used during construction; and other redevelopment coordination activities. o Task 7. Community Outreach: The Water Board indicated for the first time in a September 2025 meeting that a public notification and comment period will be required as part of the Water Board approval process for the FS/RAP. The budget augmentation requested for Task 7 covers this new scope, along with other community outreach activities that will run alongside the above-described Tasks 5 and 6 over the course of the grant period now ending in October 2027.
The scope of services for the above tasks includes associated EKI support services, such as project management; project administration associated with City and ECRG requirements; status and planning meetings internal to EKI, with our subcontractors, with the City, and other project stakeholders; regulatory interaction; and other ECRG-eligible EKI services performed at the request of the City. Because the cost of these EKI support services depend on the length of the project, this COR includes budget to extend these EKI services from March 2026 to October 2027, the new end of the grant period recently approved by DTSC. To provide the above services, EKI requests approval of a change order in the amount of $536,900 for Tasks 5, 6, and 7. A breakdown of the requested amount by task is shown in following table, compared to the Modified Contract budget. The work will be conducted in accordance with the terms and conditions of the Contract and the Schedule of Charges in effect at the time the work is performed, which will be updated in 2026 to the attached Schedule of Charges.
Task
No. Task Description
Modified
Contract Budget
Change Order
Amount
T1a Investigation Work Plan $ 90,000
T1c Arsenic Background Calculation $ 10,500
T1d Investigation Rescoping $ 8,500
T1e Import WSP Data $ 10,600
T1f Additional Coordination with Water Board $ 87,000
T2a Bench-Scale Testing Work Plan $ 30,000
T2b Bench-Scale Testing $ 80,000
T3a Preparation for Field Investigation $ 40,000
T3b XRF Investigation $ 70,000
T3c Shallow Soil and Soil Vapor Sample Collection $ 260,000
City of Yuba City
3 December 2025
Task
No. Task Description
Modified
Contract Budget
Change Order
Amount
T3d Deep Soil and Shallow Groundwater Sample Collection $ 75,000 T3e Investigation-Derived Waste $ 10,000
T4a Investigation Report $ 130,000
T4b Baseline Human Health Risk Assessment $ 35,000
T5 Cleanup Work Plan $ 125,000 $ 180,000
T6 Scoping and Budgeting for Cleanup $ 100,000 $ 336,900 T7 Community Outreach $ 125,000 $ 20,000
T8 Pilot Test Work Plan $ 60,000 $
Subtotals $ 1,346,600 $ 536,900
TOTAL BUDGET WITH CHANGE ORDER $ 1,883,500
CLOSING
We appreciate the opportunity to continue working with you on this important project. To indicate your approval of this change order request, please sign below and return the executed change order to me.
Very truly yours,
EKI ENVIRONMENT & WATER, INC.
Deepa Gandhi, PE
Principal Engineer
AUTHORIZATION
CITY OF YUBA CITY (CLIENT)
Signed
Printed Name
Title
Date
cc: Kenneth Ng, EKI
Attachment
Schedule of Charges, 1 January 2026
Client/Address: City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
Proposal/Agreement Date: 3 December 2025
SCHEDULE OF CHARGES FOR EKI ENVIRONMENT & WATER, INC.
EKI Proposal/Project # C40126.01
1 January 2026
Personnel Classification Hourly Rate
Officer and Chief Engineer-Scientist 366
Principal Engineer-Scientist 353
Supervising I, Engineer-Scientist 343
Supervising II, Engineer-Scientist 329
Senior I, Engineer-Scientist 315
Senior II, Engineer-Scientist 304
Associate I, Engineer-Scientist 291
Associate II, Engineer-Scientist 275
Engineer-Scientist, Grade 1 255
Engineer-Scientist, Grade 2 241
Engineer-Scientist, Grade 3 221
Engineer-Scientist, Grade 4 199
Engineer-Scientist, Grade 5 175
Engineer-Scientist, Grade 6 152
Project Assistant 143
Technician 137
Senior GIS / Database Analyst 180
CADD Operator / GIS Analyst 157
Senior Administrative Assistant 172
Administrative Assistant 136
Secretary 114
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent (15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.
A Communication charge for e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e.g., bound reports for distribution or project-specific reference files, will be charged as a project expense as described above.
Reimbursement for company-owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($0.60) per mile. The rate for company-owned trucks and four-wheel drive vehicles will be seventy-five cents ($0.75) per mile. There will be an additional charge of thirty dollars ($30.00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent (15%).
CADD and other specialized software computer time will be charged at twenty dollars ($20.00) per hour. In-house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.
Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one-half times the Hourly Rates specified above.
The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment & Water, Inc. and may be updated annually.
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Permanent Local Housing Allocation Grant - 2021 Allocation Subrecipient Agreements
Recommendation: A. Adopt a Resolution to approve two (2) subrecipient agreements, and one (1) amendment for the City’s 2021 Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development (HCD), and;
B. Authorize the Finance Director to make a supplemental appropriation of $270,298.58 to account 6048-65305 for program expenditures Fiscal Impact: The City will receive $270,298.58 from the 2021 allocation, to be distributed as follows:
- $126,396.31 for the Regional Emergency Shelter Team (REST) - $126,396.31 for Hands of Hope
- $17,505.95 for Habitat for Humanity – Merriment Village Purpose:
To Approve two subrecipient agreements and one amendment for the City’s 2021 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% for Activity 1, and 50% 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.
In February 2025, Council approved the award of and subrecipient agreement for:
• $465,000 in funding for the construction of Merriment Village, with the agreement drawing $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 leaves $17,505.95 available for Activity 1 and $252,792.63 available for Activity 6, from the 2021 PLHA allocation.
Analysis:
The City’s 2021 PLHA allocation, in the amount of $270,298.58, will be expiring in April 2026, and City staff must submit a Request for Funds to HCD by March 1, 2026. This request requires that the city have a contract or agreement established for the funding plan. The Draft Subrecipient Agreements utilize the same template as the subrecipient agreements for the 2020 allocation, which received approval from HCD. City staff is recommending approval of these agreements and amendment to move forward with drawing the 2021 funding from HCD.
The Draft Subrecipient Agreements qualify under the Activity 6 criteria. Each subrecipient agreement is for half of the available activity 6 funding from the 2021 allocation, for a total of $126,396.31 each.
The Agreement with Hands of Hope would help the organization fund operational costs of the new Life Advancement Center, once construction is completed. This center will serve as a much-needed emergency shelter for those experiencing homelessness.
The second Draft Subrecipient Agreement is with REST and the PLHA funding will also help to fund operational costs of the REST, as well as for supplies and rents. REST provides emergency shelter during the winter months, and due to increasing need, have recently been asked to extend their operations for additional months.
Staff is also recommending an Amendment to the PLHA subrecipient agreement with Habitat for Humanity for the Merriment Village project, dated February 18, 2025, to award the remaining $17,505.95 from the 2021 allocation that is eligible under Activity 1, prior to the funding expiration date.
These agreements require subrecipients to provide quarterly reports and invoicing for reimbursement and will expire on March 31, 2030. The Amendment will maintain all requirements of the 2025 Subrecipient Agreement with Habitat for Humanity.
Fiscal Impact:
The City will receive $270,298.58 from the 2021 allocation, to be distributed as follows:
- $126,396.31 for the Regional Emergency Shelter Team (REST) - $126,396.31 for Hands of Hope
- $17,505.95 for Habitat for Humanity – Merriment Village Alternatives:
Provide direction to staff on modifying the Subrecipient Agreements to meet the March 1st Request for Funds deadline with HCD.
Attachments:
1. Attachment 1 - Resolution to Approve 2021 PLHA Subrecipient Agreements
2. Attachment 2 - Draft PLHA Subrecipient Agreement with Hands of Hope
3. Attachment 3 - Draft PLHA Subrecipient Agreement with REST
Prepared By: Submitted By:
Shannon Sardo
Administrative Analyst
Robert Bendorf
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 HANDS OF HOPE AND REGIONAL EMERGENCY SHELTER TEAM (REST) AND AN AMENDMENT TO THE 2025
SUBRECIPIENT AGREMEENT WITH HABITAT FOR HUMANITY YUBA-SUTTER
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, Merriment Village is eligible for PLHA funding under Activity 1; and WHEREAS, the services provided by Hands of Hope and REST qualify for PLHA funding under Activity 6; and
WHEREAS, The City desires to award PLHA funding to Hands of Hope and REST, and amend the 2025 PLHA Subrecipient agreement with Habitat for Humanity to include the remaining activity 6 funds from the City’s 2021 PLHA allocation.
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 and one amendment for the City’s 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 and one amendment 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 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 17th day of February 2026.
AYES:
NOES:
01248.0005/747906.1
ABSENT:
ATTEST:
Marc Boomgaarden, Mayor
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
2 AGREEMENT BETWEEN
CITY OF CITY YUBA
AND
HANDS OF HOPE
FOR PEMANENT LOCAL
HOUSING ALLOCATION
(PLHA) FUNDING
THIS AGREEMENT, entered this day of 2026 by
and between the City of Yuba City, California (GRANTEE) and Hands of Hope (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. 26-___, 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. 26-, 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 __, 2026 unless terminated earlier pursuant to the terms of this Agreement, shall continue until March 31, 2030 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.
3 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.
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:
• State Funds Obligated by this Agreement:
• State Award project description:
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;
4 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 One hundred twenty-six thousand, three hundred ninety-six dollars and 32/100 ($126,396.32).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form
5 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.
6 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:
7 • 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
8 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.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.
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.
9 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.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
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;
10 • 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 ANDTERMINATION
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.
l l
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. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
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
12 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 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
Doug Libby, Development Services Director
1201 Civic Center Blvd. Yuba City, CA 95991
[email protected]
SUBRECIPIENT
Hands of Hope
Rick Millhollin, Executive Director
[address]
[email protected]
16 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 ANDASSIGNS
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 remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
16 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 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
16 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.
Attachments:
EXHIBIT A: SCOPE OF WORK
AND BUDGET
EXHIBIT B: INSURANCE
REQUIREMENTS
-SIGNATURE PAGE TO FOLLOWPage 133 of 327
16 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
GRANTEE
CITY OF YUBA CITY
SUBRECIPIENT
HANDS OF HOPE
Robert Bendorf, City Manager Rick Millhollin, Executive Director
16 EXHIBIT A
Scope of Work and Budget
16 EXHIBIT B
Insurance Requirements
ATTACHMENT 3
2 AGREEMENT BETWEEN
CITY OF CITY YUBA
AND
_____
FOR PEMANENT LOCAL
HOUSING ALLOCATION
(PLHA) FUNDING
THIS AGREEMENT, entered this day of 2026 by
and between the City of Yuba City, California, (GRANTEE) and Regional Emergency Shelter Team (REST) (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. 26-___, 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. 26-, 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 __, 2026 unless terminated earlier pursuant to the terms of this Agreement, shall continue until March 31, 2030 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.
3 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.
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:
• State Funds Obligated by this Agreement:
• State Award project description:
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;
4 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 One hundred twenty-six thousand, three hundred ninety-six dollars and 31/100 ($126,396.31).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form
5 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.
6 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:
7 • 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
8 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.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.
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.
9 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.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
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;
10 • 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 ANDTERMINATION
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.
l l
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. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
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
12 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 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
Doug Libby, Development Services Director
1201 Civic Center Blvd. Yuba City, CA 95991
[email protected]
SUBRECIPIENT
Regional Emergency Shelter Team (REST)
Rhonda Cameron, President
[address]
[email protected]
16 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 ANDASSIGNS
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 remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
16 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 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
16 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.
Attachments:
EXHIBIT A: SCOPE OF WORK
AND BUDGET
EXHIBIT B: INSURANCE
REQUIREMENTS
-SIGNATURE PAGE TO FOLLOWPage 154 of 327
16 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
GRANTEE
CITY OF YUBA CITY
SUBRECIPIENT
REGIONAL EMERGENCY
SHELTER TEAM
Robert Bendorf, City Manager Rhonda Cameron, President
16 EXHIBIT A
Scope of Work and Budget
Permanent Local Housing Allocation (PLHA) Funding
The Regional Emergency Shelter Team (REST) has been in existence for 16 seasons, providing winter shelter for single women, women with children, families with children, couples, and, as of this year, we have been called upon by the Adventist Health Hospital and other agencies to help to take on cooperative care slots for Men-at-Risk. These men who have come to us would have been released to the streets, with no resources to support them; a couple of them would not be able to get the treatment for their condition if they were not in a shelter situation.
The REST program is a non-profit organization primarily supported by donations and grants to operate throughout the winter seasons. REST currently has 6 paid staff members and works with volunteers who provide the extra support we need to function in the other areas, which include Intake, Morning Portal, and Intake Drivers and Transition Teams.
REST partners with Hands of Hope, Local Churches in Yuba City and Marysville, Be Xtra Community Center, and many other local agencies to provide a rotating shelter program for a week at a time during our 18 Week Season. This year, there is a greater need to support the unhoused, as the Salvation Army Depot is closed as of January 31, 2026; there is no longer 14 Forward. Fewer and fewer resources are available to single women, families, couples, and Men at Risk of not surviving the winter due to their health conditions.
The Function/Process of REST
We provide a safe, warm, comfortable, and nourishing environment for our guests, normally no more than 30 individuals; we have up to 36 guests this season. We intake our guests at Hands of Hope from 5:00 pm to 6:00 pm daily. All guests go through a screening process, even those sent from the hospital. They are checked in the Meagan’s Law database and complete our clearance form. We check that only approved items can travel with them to the facility in a small bag. They are transported on our REST van, 8 to 9 passengers. Once all the vans have delivered the guests to the host facility, they are fed between 6:30 pm and 7:30 pm. The guests’ complete chores, relax, talk with the volunteers until lights out at 9:00 pm, and come back on at 5:00 am. The van arrives to pick them up at 5:30 am to transport our guests back to Hands of hope where they eat breakfast, complete chores, and depart the premises by 8:00 am. Hands of Hope opens from 8:30 to 4:00 pm. For fifteen (15) hours, our guests are secure, safe, warm, and nourished
Due to the closure of other facilities, REST has been asked to extend operations for a few months past our normal closure date of the season, which is April 4, 2026. This means reaching out to our partners to see if they are willing to take on extra time to extend the season. The other option is to look for a place to be able to do the extended shelter program until June or the beginning of July.
Permanent Local Housing Allocation (PLHA) Funding
Budget Proposal
Description of items Cost
Salary & Wages $38,000.00
Insurance (workers Comp) $5800.00
Vehicle Maintenance and Insurance $6800.00
Supplies for day-to-day operation $3000.00
Operating Expenses $2500.00
Renting/Leasing $30000.00
Estimated Total $86,100.00
16 EXHIBIT B
Insurance Requirements
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Utilities Department
Presentation By: Phil Marler, Utilities Director
Summary
Subject: WWTF Outfall Replacement Project - SRF Loan Reimbursement Resolution Recommendation: Adopt an updated Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program Reimbursement Resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project
Fiscal Impact: Staff time managing existing consultant contracts and supporting the application process. The total project cost and funding terms are dependent on the level of funding success through the program, which is yet to be determined Purpose:
To update the documents needed to apply for a low-interest loan fund for construction of the WWTF Effluent Outfall Diffuser Relocation Project. The project is necessary to comply with state requirements for continuous and reliable discharge of treated water from the Wastewater Treatment Facility to the Feather River in compliance with permit requirements.
Council's Strategic Goal:
This project addresses the City Council’s goal for infrastructure by identifying and addressing the City’s infrastructure financial needs.
Background:
The City of Yuba City Wastewater Treatment Facility (WWTF) treats wastewater from the City’s collection system and disposes of the treated effluent. Operation of the WWTF and discharge of treated effluent to the Feather River is regulated by the Central Valley Regional Water Quality Control Board (CVRWQCB) through Waste Discharge Order No. R5-2024-0055 and National Pollutant Discharge Elimination System (NPDES) Permit No. CA0079260.
Historically, the WWTF had two options to dispose of treated effluent: (1) discharge directly into the Feather River via an outfall diffuser pipe located upstream of Shanghai Falls; or (2) discharge into percolation/evaporation ponds located on the east side of the main river channel just downstream of Shanghai Falls.
In 2011, the Feather River scoured the riverbed near the existing outfall diffuser pipe, cutting a deep channel to the east. This redirected a large portion of the river flow to a newly formed channel, leaving the outfall diffuser pipe exposed under normal river flows. The outfall diffuser pipe is currently unavailable for use at river flows of less than approximately 10,000 cubic feet per second (cfs), effectively rendering it unable to meet permit requirements except during high river flows.
The City currently discharges to the Feather River primarily through a temporary pipeline located on the east side of the Feather River, just upstream of the effluent disposal ponds.
The State Water Resources Control Board (SWRCB) provides grant and loan funding to local public agencies for water and wastewater infrastructure projects through the Clean Water State Revolving Fund (SRF).
In 2023, the State placed the City of Yuba City’s project on the SRF’s eligibility list for an award of a $35 million loan for the City to construct the proposed pipeline and diffuser project. City staff has been working through the application process with the State over the past two years.
In 2025, cost projections were revised upward to $61.8 million. City staff is working with the SWRCB to increase the requested loan amount to $50 million. One option for obtaining additional funding is through the sale of revenue bonds. Staff is working with the Yuba-Sutter Economic Development Corporation to search for additional sources of funding.
Analysis:
The SRF program provides a mechanism for distributing a variety of federal and state funds to local agencies in the form of grants, low-interest loans, and low-interest loans with principal forgiveness.
The City would not be obligated to borrow the full amount approved by the State through the SRF application process. Thus, the City can continue to pursue alternate sources of funding, such as other grant funding, different loan sources, or revenue bonds.
If the financial assistance application is approved, staff will return to Council with the loan terms and request further direction related to acceptance of the financial assistance agreement conditions.
Fiscal Impact:
Staff has been coordinating the preparation and submission of the SRF application to determine possible State funding options. Submitting the application does not commit the City to a financial obligation at this time.
Alternatives:
Do not adopt the recommended Resolution and direct staff to pursue other means of financing.
Recommendation:
Adopt a Resolution stating the City’s intent to comply with all conditions of the State Water Resources Control Board’s Clean Water State Revolving Fund Loan Program reimbursement resolution requirements for the WWTF Effluent Outfall Diffuser Relocation Project.
Attachments:
1. Resolution Designating Reimbursement - 2-17-2026
Prepared By: Submitted By:
Katherine Willis
Environmental Compliance Manager
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. 26-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY STATING ITS
INTENTION TO COMPLY WITH ALL CONDITIONS OF THE STATE WATER RESOURCE CONTROL BOARD’S CLEAN WATER STATE REVOLVING FUND LOAN
PROGRAM REIMBURSEMENT RESOLUTION REQUIREMENTS FOR THE
WASTEWATER TREATMENT FACILITY EFFLUENT OUTFALL DIFFUSER
RELOCATION PROJECT
WHEREAS, the City of Yuba City (the “Agency”) desires to finance the costs of constructing certain public facilities and improvements relating to its wastewater system, including certain treatment facilities, pipelines and other infrastructure (the “Project”); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (the State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the “Obligations”); and
WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, the Agency does hereby resolve, order and determine as follows:
Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
Section 2. The reasonably expected maximum principal amount of the Project Cost is $61,800,000.
Section 3. The Agency intends to finance the majority of the Project with $50,000,000 in Project Funds provided by the State of California, acting through the State Water Board.
Section 4. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
Section 5. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
Section 6. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
Section 7. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150-2 and any other regulations of the internal Revenue Service relating to the qualification for reimbursement of Project costs.
Section 8. All the recitals of this Resolution are true and correct and this agency so finds, determines , and represents.
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 17th day of February, 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Public Works Director
Summary
Subject: City Water Service Connection for 1360 Richland Road (APN # 20-054-013) Recommendation: Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 1360 Richland Road, Timothy Denney and Lori Denney, Trustees of the Denney Family Trust, under declaration of trust executed June 20, 2018, for connection to City water service following approval as to legal form by the City Attorney Fiscal Impact: Water connection fees payable by the property owner to the City estimated to be $21,641.66, plus monthly water usage fees
Purpose:
To provide a Sutter County resident within the City’s Sphere of Influence with City water service.
Council's Strategic Goal:
This project addresses the City Council's Strategic Goals of improving the City's Infrastructure and providing services that serve and protect residents.
Background:
On September 9, 2025, the owners of 1360 Richland Road, Timothy Denney and Lori Denney, Trustees of the Denney Family Trust, under declaration of trust executed June 20, 2018, inquired with City staff regarding options to connect to the City’s water service. The residents expressed adverse reactions to the water supplied by the well on site, and desired to connect to City water in hopes of avoiding these adverse effects. The owner desires to have the house connected to City water, but keep the existing well active for landscape and irrigation needs.
The property is located outside the current City limits, but is within the City’s Sphere of Influence. At the March 5, 2019 City Council meeting, policy was established to allow existing homes within the Sphere of Influence, but outside the City limits, to connect to City services if the parcel is willing to enter into an extraterritorial service agreement.
City staff have consulted with the residents of the property and discussed the process of connecting to the City’s water system. The owner was provided a quote for the fees associated with connecting to City water and is willing to pay the full connection fees. The owner is agreeable to signing an
extraterritorial service agreement (Attachment 1, Exhibit A) and will also pay all construction costs to connect to City water. The agreement will establish guidelines for the connection to the City’s water system, such as documenting any additional equipment needed for preventing a cross connection, the fees schedule, the terms of the agreement, etc.
Analysis:
The City maintains an existing 10-inch transmission line on Richland Road. It will be the owner’s responsibility to connect to the existing transmission line by coordinating with a licensed plumber and through the City, to complete the water service installation from the existing transmission line to a new meter at the property line. All additional plumbing from the meter to the house will also be the owner’s responsibility.
The owner has an existing well on the property and will need to install a backflow regulator to ensure there is no cross contamination with the City’s water distribution system. The extraterritorial service agreement will require proper equipment to be installed and establish procedures if the area is annexed in the future.
Fiscal Impact:
Water connection fees payable by the property owner to the City are estimated to be $21,641.66, including fees for water service connection, extension, cellular meter, and service fees. The owner will also be assessed monthly usage fees based on the size of the meter installed in accordance with the City’s fee schedule.
Alternatives:
1. Do not approve the agreement for a water service connection.
2. Modify the terms of the agreement by providing direction to staff.
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an extraterritorial service agreement with the property owner of 1360 Richland Road, Timothy Denney and Lori Denney, Trustees of the Denney Family Trust, under declaration of trust executed June 20, 2018, for connection to City water service, following approval as to legal form by the City Attorney.
Attachments:
1. Resolution
2. Resolution Exhibit A - Extraterritorial Service Agreement Prepared By: Submitted By:
Kevin Bradford
Deputy PW Director – Engineering
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTRATERRITORIAL WATER
SERVICE AGREEMENT WITH TIMOTHY DENNY AND LORI DENNY, TRUSTEES OF THE DENNY FAMILY TRUST, UNDER DECLARATION OF TRUST EXECUTED JUNE 20, 2018 FOR THE PROPERTY LOCATED AT 1360 RICHLAND ROAD FOR CONNECTION TO CITY
WATER SERVICES
WHEREAS, the property owner of 1360 Richland Road has approached the City with a written request to connect to the City’s water system; and
WHEREAS, the property is located outside of the current City limits, but within the sphere of influence; and
WHEREAS, at the March 5, 2019 City Council meeting, policy was established, in coordination with Sutter LAFCO authorization, to allow existing homes within the sphere of influence, but outside City limits, to connect to City services if the parcel is willing to enter into an Extraterritorial Water Service Agreement; and
WHEREAS, the property owner is informed of the required connection fees and terms of the Extraterritorial Water Service Agreement (Exhibit A) and agreeable to entering into said agreement.
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Council hereby authorizes the City Manager to execute an Extraterritorial Water Service Agreement with Timothy and Lori Denney, Trustees of the Denney Family Trust, under declaration of trust executed June 20, 2018, owner of the property located at 1360 Richland Road, for connection to City water service, following approval as to legal form by the City Attorney.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of February, 2026.
AYES:
NOES:
ABSENT:
_____________________________
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Extraterritorial Water Service Agreement
EXHIBIT “A”
Extra Territorial Water Service Agreement 1360 Richland Rd Recording Requested by and
When Recorded Return to:
City Clerk
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
NO FEE-Government Code §6103
(Space Above This Line for Recorder’s Office Use Only)
EXTRATERRITORIAL WATER SERVICE AGREEMENT
This EXTRATERRITORIAL WATER SERVICE AGREEMENT (“Agreement”) is made and entered into this ________ day of _____________, 2026 (the “Commencement Date”), by and between TIMOTHY DENNEY AND LORI DENNEY, TRUSTEES OF THE DENNEY FAMILY TRUST, UNDER DECLARATION OF TRUST EXECUTED JUNE 20, 2018 (“Owner”), and the CITY OF YUBA CITY, a California Municipal Corporation (“City”).
RECITALS
A. Owner represents it has acquired lawful title to property identified by Sutter County Assessor’s Parcel Numbers 20-054-013 located at 1360 Richland Road, Sutter County, CA (the “Property”), as more particularly described in Exhibit “A.” B. The Property is located outside of the incorporated boundaries of City within Sutter County, and neither Sutter County nor any other public agency currently provides water service to the Property. The Property is located within the City’s sphere of influence, but outside the City’s existing boundaries.
C. California Government Code § 56133(b) permits a City to provide new or extended services by agreement outside its jurisdictional boundaries but within its sphere of influence, in anticipation of a later change of organization. Sutter Local Agency Formation Commission (“LAFCO”), approved new or extended services outside the City Limits in 2001 through LAFCO file No. 01-02 and LAFCO Resolution No. 2001-01.
D. The City and Owner both agree it is not necessary for the Property to be annexed into the City at this time.
E. City currently owns and operates a water distribution system which conveys potable water originating in its service area through the City’s transmission system. This water distribution system includes one 10-inch transmission main along Richland Road for distributing the water to nearby homes and business within City boundaries. In response to a request by Owner, City recently produced a quote of the costs for connecting to the City’s water system and Owner would like to connect to water service at Owner’s cost. The City’s water distribution system is referred to herein as “Distribution System.” The City’s water service line is referred to herein as
Extra Territorial Water Service Agreement 1360 Richland Rd “City Water Service Line.” Owner’s water service line is referred to herein as “New Water Service Line”
F. Owner has agreed to make payments described herein with respect to the water service for the Property in accordance with the fees and rates set by the City for its users, and to comply with City’s Municipal Code as may be amended from time to time, as more fully set forth herein.
G. This Agreement is intended to comply with LAFCO requirements for an extraterritorial water service agreement with City.
H. The City has identified options to provide water supply to Owner to accommodate Owner’s water demands at the Property, provided Owner meets certain conditions as set forth below, and
I. The Parties desire to enter into such agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, agree as follows:
ARTICLE I. RIGHTS AND OBLIGATIONS
1. Recitals Incorporated. The recitals set forth above are true and correct and are hereby incorporated into and made a part of this Agreement.
2. Term, Ownership, and Effectiveness of Agreement: This Agreement shall become effective when executed by both parties hereto. The Agreement shall continue in perpetuity or until such time as the Property is annexed into the corporate boundaries of City. At such time, Owner shall have such rights, privileges, and duties, including fees and rates, as all other City citizens for the then current water service classification. The City and Owner agree that should the City ultimately annex the Property in the future into the City, Owner will not contest annexation.
Owner intends that this Agreement shall constitute its written consent to the annexation of the lands described herein and shall bind its heirs, successors, grantees and/or assigns, and all persons having or acquiring any interest subsequent hereto in said lands, and shall constitute by this Agreement a covenant running with the land and binding upon said successors, grantees and/or assigns that they in fact consent to the annexation of said lands to City and shall execute whatever documentation as may be necessary and do all things required of them to effectuate the annexation at such time as City deems annexation to be in its best interest.
3. Location for Connection to City Water Distribution System. Owner and City acknowledge the nearest City municipal water distribution system to serve the Property will be at the Connection Point. The Connection Point is defined as the downstream side of the water meter.
Connection to City’s Water Distribution System by Owner shall be made at this location.
4. Metered Service Connection. The City will install a meter on Owner’s property.
Owner will pay for installation, maintenance and repair of the meter, unless damaged by the City.
All costs and expenses incident to any connection to the Water Distribution System from private property are to be borne by the property owner or water user, who shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of water lines or appurtenances thereto.
Extra Territorial Water Service Agreement 1360 Richland Rd
5. New Water Service Line. Owner, at their sole expense and without reimbursement from the City, shall be required to install a water line as necessary to connect from the City’s Water Distribution System to the Property downstream from the meter. Owner shall represent, warrant, and covenant to the City that Owner completed all necessary construction/installation to the Property from the Connection Point (“New Water Service Line”) after receiving all respective County of Sutter and City permits and that the New Water Service Line was constructed in accordance with all respective laws and standards.
6. System Facilities, Operation, and Maintenance. Owner shall be responsible for the operation, maintenance and repair of all components of the New Water Service Line downstream from the meter. Under no circumstances shall the City be required to maintain, repair or replace the New Water Service Line unless and until the City, at its sole discretion and option, accepts dedication of the water system or any portion thereof in increments at some future date. Any other water system installed by Owner on the Property connected to a well or other source of water not from the City’s Water Distribution System is not part of the New Water Service Line, and shall be private (“Private Water System”). It is the sole responsibility of Owner to repair, maintain, and replace all Private Water System, and City shall have no responsibility or liability for the Private Water System. Owner shall obtain all necessary permits or other approvals necessary for constructing and connecting Owner’s Private Water System.
7. Disconnecting of Existing On-Site Private Water System(s). Owner shall disconnect all existing on-site Private Water System(s) on the Property per County standards, and any Private Water System shall be fully separated from and not connected to the City’s Water Distribution System and New Water Service Line effective as soon as the City extends the service line from Richland Road to the Connection Point and installs the meter. A backflow regulator shall be installed at Owner’s expense to ensure no future connections can contaminate the City’s Water Distribution System. Owner will be required to comply with City’s Municipal Code as may be amended from time to time, including abandonment of onsite wells in compliance with State of California Well Standards, with sixty (60) days written notice. Owner shall not apply any water obtained from onsite wells to the City’s Water Distribution System.
8. No Representation Regarding Water Service, Pressure, Volume, or Quality For Any Private Water System. Owner agrees that there is no guarantee, warranty, or other representation regarding water service, pressure, volume, or quality from the City or associated with water service from the City. This would include no guarantee, warranty or representation that Owner or any other users on the Property will not have allergic or other reactions to the City’s water. The City specifically disclaims any kind of representation, warranty, or guaranty, of any private water system.
9. City to Provide Water Services. Upon Owner’s full and complete performance of all of Owner’s obligations and responsibilities under this Agreement, the City agrees to provide the Property with water services from the City’s Water Distribution System and Water Treatment Plant. The City’s obligation to provide the Property with water services from the City’s Water Distribution System is conditioned upon the City and Owner obtaining the consent of all applicable governmental agencies. As a condition to providing water service, the City shall have the right of access to water meters, including any required irrigation meter(s), whether located on City-owned real property, New Water Service Line, or the Property. Owner shall promptly notify the City of any needed repairs of damaged water meter(s) and/or water meter box(es). The City shall respond to such notifications in a reasonable amount of time.
Extra Territorial Water Service Agreement 1360 Richland Rd
10. Obligations and Responsibilities of Owner to Pay for Municipal Utility Services Provided by City. Prior to the start of service, Owner agrees to promptly pay to the City any and all statutory and/or customary connection and service fees, adopted by the City for users connecting to the City’s water system, and other related items, as well as any cost of construction of a water line to the Connection Point. A detailed quote with current fees can be found in Exhibit “B” attached hereto and incorporated by reference. Owner agrees to apply to the City for a municipal utility water account, maintain its water municipal utility water service account with the City in a current status, and comply with – and be subject to – City’s Municipal Code, as subsequently updated or amended. Owner acknowledges and agrees that if the water bill is not paid on, or before the 45th day after the bill was sent, service may be discontinued. A delinquency charge will be made and collected prior to renewing service following the discontinuance.
Payments must be made prior to 8:30 a.m. on the scheduled discontinuance day. A payment drop box is available at the entrance of City Hall.
11. Inspection. City shall have the right to inspect and examine the Water Distribution System at any time, including during construction and operation of any portion of the New Water Service Line, and have the right to access all water meters.
12. Indemnification of City: To the greatest extent allowed by law, Owner shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents or 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 the City, Owner or any other person, and from any and all claims, demands, liabilities, damages, and actions in law or equity (including attorney’s fees and litigation expenses incurred by the City or held to be the liability of the City, and including plaintiff’s attorneys’ fees if awarded), arising or alleged to have arisen directly or indirectly out of (a) the making of this Agreement; (b) the performance of this Agreement; (c) the performance of any or all work to be done in and upon the street rights-of-way, upon the Property or premises adjacent thereto pursuant to this Agreement; (d) arising or alleged to have arisen directly or indirectly in any way related to the design, construction, installation, maintenance and operation of the City’s Water Distribution System or New Water Service Line by anyone occupying any portion of the Property, including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses, and attorney fees arising from inadequate flow, blockage, backflow, water quality, etc. Owner’s obligations under the preceding sentence shall apply regardless of whether Owner 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 the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. This section shall survive termination or expiration of this Agreement.
13. Covenants Running with the Land. Owner acknowledges and agrees all of Owner’s covenants, agreements, promises, representations, and warranties, as set forth in this Agreement, are covenants running with Owner’s Property as defined in the applicable provisions of Sections 1457 et seq. of the California Civil Code, shall be in favor of and for the benefit of the City and shall be enforceable by the City. Owner’s covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with the Property and shall be binding on Owner and Owner’s successors, assigns, lessees and all parties and persons claiming under them. Owner consents to this Agreement being recorded as covenant running with the Property.
Extra Territorial Water Service Agreement 1360 Richland Rd
14. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. Owner may not assign its rights and/or obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld. Any such consent by City shall not, in any way, relieve Owner of its obligations and responsibilities under this Agreement.
15. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth below, or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. All notices regarding any new or increased fee or rate increases affecting the applicable fees and rates in this Agreement, shall be provided in the same manner provided to all customers subject to the new or increased fees and charges.
For the City: City Manager
1201 Civic Center Blvd
Yuba City, Ca 95993
For Owner:
(By mail)
Timothy Denney and Lori Denney, Trustees
1360 Richland Road
Yuba City, CA, 95993
(Personnel delivery)
Timothy Denney and Lori Denney, Trustees
1360 Richland Road
Yuba City, CA, 95993
16. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, both parties.
17. Compliance with the Law. In providing the services required under this Agreement, Owner shall at all times comply with all applicable laws of the United States, the State of California, and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. Owner, not the City, is responsible for determining applicability of and compliance with all Local, State, and Federal laws including, without limitation, the California Labor Code, Public Contract Code, Public Resources Code, Health & Safety Code, Government Code, and the Yuba City Municipal Code. The City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties’ respective rights or obligations hereunder including, without limitation, payment of prevailing
Extra Territorial Water Service Agreement 1360 Richland Rd wages, competitive bidding, subcontractor listing, or other matters. The City shall not be liable or responsible, in law or equity, to any person for Owner’s failure to comply with any such laws, whether the City knew or should have known of the need for Owner to comply, or whether the City failed to notify Owner of the need to comply.
18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
19. Public Health, Safety and Welfare. Nothing contained in this Agreement shall limit the City’s authority to exercise its police powers, governmental authority, or take other appropriate actions to address issues of public health, safety, and welfare as deemed appropriate by the City in its sole determination and discretion.
20. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.
21. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
22. Severability. The provisions of this Agreement are severable, provided either Party has given Notice as set forth in this Agreement. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
23. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
24. Attorney's 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 in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees, costs and legal expenses.
25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
26. 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 shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto, which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.
Extra Territorial Water Service Agreement 1360 Richland Rd
27. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.
28. Amendment, Etc. No amendment or waiver of any provisions of this Agreement, or consent to any departure from its terms, shall be effective unless the same shall be in writing and signed by the parties hereto.
29. 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, except the Owner (i) cannot seek money damages or pursue an action in law; and (ii) is instead limited to bringing a proceeding in the nature of specific performance, injunctive relief or mandamus, or any other action in equity to require good-faith compliance with this Agreement, such as an action to provide Owner’s Property with sewer services from City’s Water Distribution System.
30. No Third Party Beneficiaries. 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.
31. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and Owner.
32. Third Party Approvals. The Parties acknowledge that there may be approvals from third parties (such as those involving public utilities, railroad right-of-way, etc.) that are required to allow the City to provide Owner’s Property with water services from the City’s Water Distribution System. The approvals are conditions precedent to performance, and to the extent Owner is unable to obtain them, the City shall seek said third-party approvals in good faith at Owner’s sole cost and expense.
33. Execution in Counterparts. This Agreement may be executed in counterparts, all of which taken together shall constitute an original hereof.
Extra Territorial Water Service Agreement 1360 Richland Rd IN WITNESS WHEREOF, the Parties have executed this Agreement on behalf of each representative Party as of the date written below.
CITY: OWNER:
City of Yuba City, The Denney Family Trust,
A California Municipal Corporation Dated June 20, 2018
By: _______________________ By:_________________________ Marc Boomgaarden, Mayor Timothy Denney, as
Trustee for the Denney
Family Trust, Dated June 20,
2018
Date: ______________________ Date:________________________
By:_________________________
Lori Denney, as
Trustee for the Denney
Family Trust, Dated June 20,
2018
ATTEST: Date:________________________
By:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM:
By:
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Extra Territorial Water Service Agreement 1360 Richland Rd A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Sutter )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Extra Territorial Water Service Agreement 1360 Richland Rd A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Sutter )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
EXHIBIT “A”
DESCRIPTION OF PROPERTY
EXHIBIT “B”
WATER CONNECTION QUOTE
BLD26-00144 - RESIDENTIAL WATER CONNECTION
Fee Calc. Factor: Job Value(Contractor)$0.00 Fee Total $21,641.66 Showing 1-8 of 8
Invoice # Fee Item Quantity Unit Fees Status Balance Payment Period Notes Date Assessed Fee Co Seismic Fee - Residential 1 Valuation $0.50 NEW $0.50 PRINT PERMIT 01/30/2026 SEIS_0 Water Connection - 1" (25 GPM) 1 Each $9,330.53 NEW $9,330.53 FINAL INSPECT 01/30/2026 PWW_ Building Permit Fee 1 Valuation $268.15 NEW $268.15 PRINT PERMIT 01/30/2026 BLD_04 GIS/Technology Fee 1,500 Valuation $1.43 NEW $1.43 PRINT PERMIT 01/30/2026 BLD_02 Green Building Standards Fee 1 Valuation $1.00 NEW $1.00 PRINT PERMIT 01/30/2026 BLD_03 Water Extension - 1-2 Units 163 Lineal Ft $6,334.18 NEW $6,334.18 PRINT PERMIT 01/30/2026 PWW_ Water Meter - 1" 1 Each $744.87 NEW $744.87 PRINT PERMIT 01/30/2026 PWW_0 Credit to Acct Code 507-44540 4,961 Neg $ Amt $4,961.00 NEW $4,961.00 FINAL contracto... 01/30/2026 CR_160
A notice was added to this record on 2026-01-30. Condition: Severity: Notice Total conditions: 1 (Notice: 1)
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Agenda Item 13
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: California Municipal Finance Authority Check Budget Adjustment Recommendation: Authorize the Finance Director to make a budget adjustment of $16,250 to Account 100-44115 to receive funds from the California Municipal Finance Authority (CMFA) for the work that the Planning division completed on the Tax Equity and Fiscal Responsibility Act (TEFRA)
Fiscal Impact: A total of $16,250 will be received from CMFA and put into account 100-44115 Purpose:
To authorize a budget adjustment so that the City can receive the funds from CMFA.
Council's Strategic Goal:
This project addresses Council’s goals of fiscal responsibility and infrastructure.
Background:
The Development Services Department Planning Division completed work on holding a Tax Equity and Fiscal Responsibility Act hearing for the Regional Housing Authority’s (RHA) Richland Village Project, so that the public had an opportunity to comment on the proposed project and financing. This hearing was a required component for RHA to be able to access tax-exempt bonds for the funding of the Richland Village Project.
Analysis:
The City received a check in the amount of $16,250 from the California Municipal Finance Authority, which included a letter that states that it is a policy of CMFA to share 25% of the initial bond issuance with the host municipality. To receive this funding as a reimbursement to staff time spent by the Planning Division on the project, a budget adjustment is required.
Fiscal Impact:
This action will increase fee revenue received by the Planning Division of Development Services to offset the department's impact on the General Fund.
Alternatives:
Do not approve the adjustment at this time and provide direction to staff on how to proceed with acceptance of the CMFA check.
Attachments:
1. Resolution - CMFA Check Budget Adjustment
Prepared By: Submitted By:
Shannon Sardo
Administrative Analyst
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO APPROVE A BUDGET ADJUSTMENT OF $16,250 TO RECEIVE THE
REIMBURSEMENT FROM THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY WHEREAS, in October 2020, the City received a development plan application for the entitlement of a multi-phase, apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area, adjacent to the airport; and WHEREAS, the development titled “Richland Village” proposes to construct a 133-unit affordable apartment home community on a 4.9-acre site at 470 Bernard Drive (APN 53-470-091) in Yuba City; and
WHEREAS, the Developer, Sutter County Affordable Homes (SCAH), an affiliate 501(c)(3) public non-profit entity of RHA, was awarded $30 million in funding through the HCD AHSC program, with $8.5 million designated for Yuba-Sutter Transit to construct a new transit facility; and
WHEREAS, the CTCAC has reserved $2,054,800 in low-income housing tax credits for the Richland Village project; and
WHEREAS, the Tax Equity and Fiscal Responsibility Act requires that a hearing is help to allow for public comment on projects where tax-exempt bonds are issued; and WHEREAS, the City’s Planning Division worked with RHA to hold the required hearing; and
WHEREAS, because the City is the host municipality for this project, the California Municipal Finance Authority awarded a check in the amount of $16,250, or 25% of the initial bond issuance to the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:
1. The City Council finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
2. The City Council authorizes the Finance Director or designee to make a budget adjustment of $16,250 to receive the check funds.
3. 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 February 17, 2026 by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Marc Boomgaarden, Mayor
ATTEST:
________________________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Development Services Department Recruitment Request – Code Enforcement Officer I/II
Recommendation: Authorize the Human Resources Department to conduct an open recruitment for a full-time permanent Code Enforcement Officer I/II to fill a recent vacancy in the Development Services Department
Fiscal Impact: This is an existing budgeted and funded General Fund position. Sufficient funding allocated in Account 1910-61210
Purpose:
To seek authorization to recruit for a vacant Code Enforcement Officer I/II position in the Development Services Department.
Council’s Strategic Goal:
This request supports the City Council’s goal of Public Safety and Business Friendly by ensuring the City can address blight, public safety and substandard property issues in our community.
Background:
Code Enforcement provides for the safety, health, and welfare of the citizens in their communities through the enforcement of building, zoning, housing, fire safety, environmental, and other codes and ordinances.
The Development Services Department has two budgeted and funded code enforcement officer positions. The department recently experienced a vacancy (beginning February 15, 2026) due to a more senior officer accepting a position with a different agency in our region.
The Code Enforcement Officer I position is an entry-level position focused on developing skills under close supervision, with an hourly rate of $28.21 - $34.28. The Code Enforcement Officer II position is a more journey-level position addressing more complex cases, with an hourly rate of $31.02 - $37.71.
Analysis
This recent vacancy results in a significant impact on Code Enforcement’s ability to respond to the
community and on our remaining officer. The City’s remaining officer began with the City in May 2025 and is still being trained and obtaining certification.
In 2025, the Code Enforcement division of Development Services received 859 citizen complaints, and 409 cases were resolved and closed.
Code Enforcement’s responsiveness to the community is significantly impacted until a replacement officer is retained and trained. The department is exploring interim assistance from potential retired annuitants that have a law enforcement background.
The City Manager approved this request on January 29, 2026, making it eligible for City Council consideration due to the City's hiring freeze for General Fund, non-public safety positions.
Fiscal Impact:
This is an existing budgeted and funded General Fund position. Sufficient funding is allocated in Account 1910-61210. There is no additional General Fund impact to recruit for this position. Until filled, the General Fund will benefit from salary savings.
Alternatives:
The following alternatives are available to the City Council:
1. Do not authorize the Human Resources Department to conduct an open recruitment for a fulltime permanent Code Enforcement Officer I/II; or
2. Provide the Development Services Department with alternative direction.
Recommendation:
Authorize the Human Resources Department to conduct an open recruitment for a full-time permanent Code Enforcement Officer I/II to fill a recent vacancy in the Development Services Department.
Attachments:
None
Prepared By: Submitted By:
Doug Libby
Director of Development Services
Robert Bendorf
City Manager
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Diona Pope, Director of Finance
Summary
Subject: Presentation of Investment Report – Quarter Ended December 31, 2025 Recommendation: Note & File Quarterly Investment Report Fiscal Impact: Informational item only
Purpose:
To provide information regarding the investment of City funds.
Council's Strategic Goal:
This staff report addresses the City Council’s Strategic Goal of fiscal responsibility.
Background:
In accordance with the City’s adopted Investment Policies, staff prepared the attached investment report for City Council review for the previous quarter (October, November, and December 2025).
Analysis:
Portfolio Highlights:
• As of December 31, 2025, the City's overall investment portfolio (estimated market value) totaled $141,404,565, a, increase of $1,353,889 from the previous quarter. • Notable transactions during the quarter that affected cash flow included:
1. SBFCA project revenue, $3.7 million, offset by expenses, $5.2 million;
2. Dept. of Water Resources grant revenue, $4.3 million;
3. Sales tax receipts, $4.0 million;
4. Debt service payment from various funds, $1.7 million;
5. Streets and Roads revenues (RMRA, HUTA, & Recology), $1.3 million;
6. OES grant revenue, $1.2 million
• The portfolio shows a “paper gain” of $2,381,082 as of December 31st. This represents the
amount of value that the City could gain if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains will not be realized if the investments are held until maturity (which is the City’s general investment strategy). • The City’s portfolio is slowly replacing higher-yield investments with lower-yield instruments with each maturing investment in this declining rate fixed income market, but the overall portfolio yield is showing well compared to past quarters due to market values of longer-maturity bonds in the portfolio increasing. The portfolio remains positioned for a declining yield environment by keeping the maturity dates of our purchases to a longer position, currently 1.58 weighted average years to maturity, while remaining watchful for signs of an economic shift. For the quarter ending 12/31/25, 18 investments matured, called or sold, partially, overall, with an average yield of 4.31%. Exclude asset-backed securities and six investments that matured or sold with an average yield of 4.29%. These funds were invested in nine instruments with an average yield of 3.81%. The Weighted Average Yield to Maturity of the City’s total investment portfolio decreased from 4.00% to 3.85% for the quarter. • The City’s cash flow needs will be met by $45,183,362 million in liquid assets as of December 31st (approximately 32.7% of the City Held Investments portfolio value) currently invested in LAIF, CAMP, First American money management funds, and in the City’s Wells Fargo checking account.
Outlook: The Federal Open Market Committee lowered the federal funds rate by 25 basis points while the economy is still growing at its fastest rate in two years, 4.3%. Expect to see continued longer durations and a focus on asset- and agency-backed securities, corporate bonds and US Treasuries over agency bonds due to reduced issuance and talk of privatization in the future.
Summary Overview: The City’s investment portfolio remains safe and stable. Each investment complies with state law and the City’s formal Investment Policies. Our three primary objectives for the City’s portfolio are safety, liquidity, and then yield. Staff continue to conservatively look for opportunities in today’s marketplace while remaining focused on our primary objectives.
Fiscal Impact:
Informational Item only.
Recommendation:
Note and file the Quarterly Investment Report for the period ending December 31, 2025.
Attachments:
1. 2Q26 Investment Report
Prepared By: Submitted By:
Diona Pope
City Treasurer
Diona Pope
City Treasurer
ATTACHMENT 1
City of Yuba City
Treasurer’s Quarterly
Investment Report
AS PRESCRIBED BY CALIFORNIA GOVERNMENT CODE SECTION 53646 December 31, 2025
City of Yuba City – Month-By-Month Comparison Report
December 31, 2025
The following table provides a comparison of the portfolio for the quarter ending December, and the previous quarters ending October, November, and December 2025.
Portfolio Comparison
3/31/25 6/30/25 9/30/25 12/31/25
Cost Basis $154,146,966 $165,166,083 $137,865,844 $139,023,483 Estimated Market Value 155,700,043 167,107,789 140,050,676 141,404,565 Unrealized Gains/(Losses) (1) 1,553,077 1,941,696 2,184,832 2,381,082 Liquidity 41.74% 45.74% 33.44% 32.70%
Weighted Average Years:
Maturity of City Held Funds 1.39 years 1.30 years 1.58 years 1.58 years LAIF Interest Rate 4.480% 4.269% 4.340% 4.200%
CAMP Interest Rate 4.470% 4.400% 4.360% 3.950%
Portfolio: Weighted Average Yield
to Maturity at Market 4.03% 4.06% 4.00% 3.85%
CPI (Annualized) 2.4% 2.7% 3.0% 2.7%
Note: (1) This represents the amount of money that the City would gain (or lose) if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains (or losses) will not be realized if the investments are held until maturity (which is the City’s historical investment strategy).
City of Yuba City – Quarterly Investment Report
December 31, 2025
Federal Home Loan Bank
3.52% Federal Farm Credit Bank
2.76%
Federal Home Loan
Mortgage Corp
1.11%
US Treasury Notes
43.48%
City Held Assessment
Districts/Munis
0.99%
Corporate Bonds & AssetBacked Sec.
14.67%
California Asset Mgmt Program
21.13%
Local Agency Investment
Fund
5.19%
Certificates of Deposit
0.77%
Cash/Money Market
6.38%
Composition of City Held Investments
City of Yuba City – Quarterly Investment Report
December 31, 2025
$-
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
In Millions
City Held Investment Portfolio Maturity Distribution
Cash Equiv 0-6 Months 6-12 Months 1-3 Years 3+ Years
32.7%
48.0%
7.8% 7.6%
3.9%
City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) U.S. Consumer Price Index (Inflation) 12/31/25 2.700%
1 Local Agency Investment Fund (LAIF) N/A Daily 4.200% 4.200% $ 7,156,679 $ 7,172,291 $ 15,612 2 Calif. Asset Management Program (CAMP) N/A Daily 3.950% 3.950% $ 29,196,081 $ 29,196,081 - 3 Wells Fargo Money Market & Checking Accts. N/A Daily (Sweep) 3.657% 3.657% $ 7,075,854 $ 7,075,854 - 4 First American Institutional Prime 26200630S Daily 4.840% 4.840% $ 1,739,135 $ 1,739,135 - 5 Morgan Stanley 61746BDZ6 01/27/26 3.875% 1.270% $ 224,686 $ 199,972 (24,714) 6 US Treasury Notes 91282CGL9 02/15/26 4.000% 4.190% $ 698,991 $ 700,203 1,212 7 Federal Farm Credit Bank 3133EPCF0 03/02/26 4.500% 5.060% $ 1,086,581 $ 1,101,650 15,069 8 US Treasury Notes 91282CKH3 03/31/26 4.500% 4.117% $ 1,453,625 $ 1,453,060 (566) 9 US Treasury Notes 91282CHB0 05/15/26 3.625% 3.730% $ 672,207 $ 675,182 2,975 10 Toyota Motor Credit Corp 89236TJK2 06/18/26 1.125% 1.204% $ 224,145 $ 222,269 (1,877) 11 US Treasury Notes 91282CKY6 06/30/26 4.625% 4.160% $ 1,014,688 $ 1,005,190 (9,498) 12 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.030% $ 910,781 $ 995,427 84,646 13 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.040% $ 1,274,984 $ 1,393,478 118,494 14 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.330% $ 405,545 $ 443,235 37,690 15 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.460% $ 807,785 $ 882,859 75,074 16 US Treasury Notes 91282CCP4 07/31/26 0.625% 3.930% $ 1,998,633 $ 2,184,381 185,748 17 Citibank NA Senior Notes 17325FBJ6 08/06/26 4.929% 4.165% $ 780,611 $ 774,035 (6,576) 18 Federal Home Loan Bank 3130AWTQ3 09/11/26 4.625% 4.750% $ 647,680 $ 654,479 6,799 19 Plumas Bank CD 269101799 09/17/26 0.000% 0.000% $ 1,066,512 $ 1,066,512 - 20 US Treasury Notes 91282CJK 11/15/26 4.625% 4.044% $ 856,179 $ 857,599 1,420 21 US Treasury Notes 912828U24 11/15/26 2.000% 1.939% $ 857,648 $ 912,781 55,132 22 Federal Home Loan Bank 3130AQF65 12/21/26 1.250% 4.122% $ 625,591 $ 684,887 59,296 23 John Deere Med Term Notes 24422EXF1 01/08/27 4.500% 4.110% $ 1,206,168 $ 1,209,084 2,916 24 Federal Farm Credit Bank 3133ERS93 01/13/27 4.250% 4.282% $ 999,480 $ 1,006,730 7,250 25 Target Corporation Notes 87612EBM7 01/15/27 1.950% 1.990% $ 39,932 $ 39,281 (651) 26 Microsoft Corp 594918BY9 02/06/27 3.300% 4.360% $ 673,813 $ 697,291 23,478 27 Berkshire Hathaway Financial Notes 084664CZ2 03/15/27 2.300% 2.690% $ 417,261 $ 418,306 1,046 28 US Treasury Notes 91282CEF4 03/31/27 2.500% 4.404% $ 795,716 $ 839,477 43,761 29 CARMAX 2022-3 A3 14318MAD1 04/15/27 0.000% 3.970% $ 17,670 $ 17,670 (0) 30 US Treasury Notes 91282CEN7 04/30/27 2.750% 3.730% $ 841,572 $ 866,521 24,949 31 UnitedHealth Group 91324PEG3 05/15/27 3.700% 3.710% $ 39,978 $ 39,926 (52) 32 NAROT 2022-B A3 65480JAC4 05/17/27 4.460% 4.460% $ 36,371 $ 36,416 46 33 US Treasury Notes 91282CEW7 06/30/27 3.250% 4.544% $ 478,810 $ 498,280 19,470 34 US Treasury Notes 91282CFB2 07/31/27 2.750% 3.510% $ 2,523,016 $ 2,623,022 100,006 35 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.060% $ 1,663,799 $ 1,729,748 65,949 36 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.150% $ 2,463,805 $ 2,561,464 97,659 37 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.420% $ 1,385,751 $ 1,440,679 54,928 38 US Treasury Notes 91282CFB2 07/31/27 2.750% 4.550% $ 1,568,873 $ 1,631,059 62,186 December 2025
City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) December 2025
39 MBART 2022-1 A3 58768PAC8 08/16/27 5.210% 5.210% $ 62,574 $ 62,771 197 40 Buttes Vista 2002-1 AD, 2013 Refunding 09/02/27 2.730% 2.730% $ 83,097 $ 83,097 - 41 Apple Inc 037833DB3 09/12/27 2.900% 3.940% $ 286,863 $ 296,319 9,456 42 Apple Inc 037833DB3 09/12/27 2.900% 4.135% $ 473,730 $ 493,865 20,135 43 Pepsico 713448DY1 10/15/27 3.000% 4.238% $ 711,060 $ 742,553 31,493 44 US Treasury Notes 91282CFZ9 11/30/27 3.875% 4.770% $ 1,063,133 $ 1,084,304 21,171 45 US Treasury Notes 91282CFZ9 11/30/27 3.875% 4.200% $ 3,755,617 $ 3,830,406 74,789 46 US Treasury Notes 91282CFZ9 11/30/27 3.875% 4.060% $ 1,440,371 $ 1,469,055 28,684 47 US Treasury Notes 91282CFZ9 11/30/27 3.875% 3.983% $ 1,887,309 $ 1,924,892 37,584 48 US Treasury Notes 91282CGC9 12/31/27 3.875% 3.983% $ 747,044 $ 755,595 8,551 49 Federal Farm Credit Bank 3133EN5N6 01/06/28 4.000% 3.891% $ 433,099 $ 435,103 2,004 50 American Honda Finance 02665WED9 01/12/28 4.700% 4.341% $ 608,940 $ 608,136 (804) 51 Bristol Myers Squibb 110122DE5 02/20/28 3.900% 4.930% $ 185,342 $ 194,382 9,040 52 US Treasury Notes 91282CGP0 02/29/28 4.000% 4.480% $ 687,996 $ 710,229 22,233 53 US Treasury Notes 91282CGP0 02/29/28 4.000% 4.680% $ 1,196,193 $ 1,234,849 38,655 54 Astrazeneca Finance 04636NAF0 03/03/28 4.875% 4.920% $ 324,344 $ 332,001 7,657 55 Mastercard 57636QAW4 03/09/28 4.875% 4.900% $ 324,685 $ 332,391 7,706 56 Federal Home Loan Bank 3130ATS57 03/10/28 4.500% 4.114% $ 1,017,260 $ 1,020,910 3,650 57 Nestle Holdings, Inc 641062BF0 03/14/28 5.000% 5.010% $ 674,825 $ 691,632 16,808 58 Home Depot Inc Corporate Notes 437076CE0 03/15/28 0.900% 4.193% $ 511,974 $ 565,512 53,538 59 JP Morgan Chase & Co 46647PDA1 04/26/28 4.323% 4.800% $ 466,289 $ 476,933 10,645 60 Merck & Co Inc Corp Notes 58933YBH7 05/17/28 4.050% 4.070% $ 139,887 $ 141,009 1,123 61 US Treasury Notes 91282CCE9 05/31/28 1.250% 3.991% $ 1,228,395 $ 1,327,382 98,987 62 DCENT 2023-A2 A 254683CZ6 06/15/28 0.000% 4.930% $ 349,953 $ 351,768 1,815 63 Target Corporation Notes 87612EBU9 06/15/28 4.350% 2.010% $ 74,999 $ 75,878 878 64 US Treasury Notes 91282CCH2 06/30/28 1.250% 4.490% $ 2,026,785 $ 2,131,493 104,708 65 US Treasury Notes 91282CCH2 06/30/28 1.250% 0.800% $ 773,179 $ 813,123 39,944 66 US Treasury Notes 91282CCH2 06/30/28 1.250% 0.800% $ 2,982,256 $ 3,136,325 154,070 67 Bank of America Medium Term Notes 06051GKW8 07/22/28 4.985% 4.970% $ 449,568 $ 456,372 6,804 68 US Bancorp MTNS Bank Notes 91159HJF8 07/22/28 4.548% 4.903% $ 988,920 $ 1,008,290 19,370 69 US Treasury Notes 912810FE3 08/15/28 5.500% 4.751% $ 722,504 $ 734,566 12,062 70 US Treasury Notes 91282CNY3 09/15/28 3.375% 3.625% $ 620,656 $ 622,438 1,781 71 Citibank NA Senior Notes 17325FBB3 09/29/28 5.803% 4.850% $ 571,522 $ 576,769 5,247 72 US Treasury Notes 91282CJF9 10/31/28 4.875% 4.659% $ 680,906 $ 698,915 18,009 73 US Treasury Notes 9128285M8 11/15/28 3.125% 4.697% $ 515,004 $ 543,857 28,853 74 US Treasury Notes 91282CPP0 12/15/28 3.500% 3.779% $ 699,893 $ 699,181 (712) 75 US Treasury Notes 91282CJR3 12/31/28 3.750% 4.009% $ 2,757,652 $ 2,820,574 62,922 76 US Treasury Notes 91282CJR3 12/31/28 3.750% 3.704% $ 1,175,250 $ 1,202,066 26,816 77 John Deere Med Term Notes 24422EXH7 01/16/29 4.500% 4.550% $ 399,036 $ 406,388 7,352 78 Eli Lilly & Co Bonds 532457CK2 02/09/29 4.500% 4.787% $ 987,780 $ 1,018,860 31,080 79 State Street Corp 857477CN1 02/20/29 4.530% 4.309% $ 375,000 $ 379,826 4,826 80 Cisco Systems Inc Bonds 17275RBR2 02/26/29 4.850% 4.862% $ 999,310 $ 1,026,410 27,100
City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) December 2025
81 Federal Home Loan Bank 3130AVBD3 03/09/29 4.500% 4.733% $ 1,484,835 $ 1,541,580 56,745 82 Federal Farm Credit Bank 3133EP5U5 03/20/29 4.125% 4.284% $ 1,241,138 $ 1,269,088 27,950 83 National Rural Med Term Notes 63743HFS6 06/15/29 5.150% 4.368% $ 467,576 $ 465,390 (2,186) 84 US Treasury Notes 91282CEV9 06/30/29 3.250% 3.576% $ 197,165 $ 197,718 553 85 US Treasury Notes 91282CEV9 06/30/29 3.250% 4.010% $ 1,401,855 $ 1,420,552 18,697 86 US Treasury Notes 91282CEV9 06/30/29 3.250% 3.824% $ 2,437,891 $ 2,470,405 32,514 87 US Treasury Notes 91282CEV9 06/30/29 3.250% 4.100% $ 1,347,124 $ 1,365,091 17,967 88 US Treasury Notes 91282CEV9 06/30/29 3.250% 4.100% $ 1,081,223 $ 1,095,643 14,420 89 Federal Home Loan Bank 3130ATHX8 09/14/29 4.125% 3.930% $ 957,990 $ 965,951 7,961 90 US Treasury Notes 91282CFL0 09/30/29 3.875% 4.108% $ 197,969 $ 201,726 3,757 91 US Treasury Notes 91282CMA6 11/30/29 4.125% 3.722% $ 533,246 $ 534,067 821 92 NAROT 2025-B A3 65481GAD7 12/15/29 4.490% 4.490% $ 634,878 $ 643,306 8,428 93 Federal Home Loan Mortgage Corp 3134HAW33 12/18/29 4.750% 4.226% $ 1,005,644 $ 1,003,920 (1,724) 94 US Treasury Notes 91282CMG3 01/31/30 4.250% 3.760% $ 2,728,813 $ 2,734,465 5,652 95 Honda Auto Receivables Trust 2025-3 43813AQD1 02/21/30 0.000% 0.000% $ 514,989 $ 517,941 2,951 96 US Treasury Notes 91282CGQ8 02/28/30 4.000% 3.717% $ 632,131 $ 632,956 825 97 Ally Auto Receivables Trust 02008KAC7 03/15/30 3.960% 3.830% $ 184,974 $ 185,568 594 98 Toyota Auto Owner Trust 2025C CI A3 89238VAD0 03/15/30 4.110% 4.110% $ 369,961 $ 372,564 2,603 99 Hyundai Auto Receivables Owner Trust 2025C CI A3 44935JAD8 04/15/30 3.880% 3.880% $ 429,930 $ 430,899 969 100 Wells Fargo Card Issuance Trust 92970QAJ4 05/15/30 4.340% 4.340% $ 794,987 $ 805,550 10,563 101 Federal Home Loan Mortgage Corp 3134HBA50 07/23/30 4.740% 4.430% $ 525,420 $ 524,885 (536) 102 Staple/Ashley/Cornwell AD 09/02/30 6.000% 6.000% $ 52,299 $ 52,299 - 103 Capital One Multi-asset Execution Trust 14041NGF2 09/16/30 3.820% 3.820% $ 544,897 $ 545,311 414 104 Pfizer Inc Corp Notes 11/15/30 4.200% 4.060% $ 1,204,620 $ 1,205,556 936 105 Meta Platforms Inc Corp Notes 30303MAB8 11/15/30 4.200% 4.040% $ 1,207,428 $ 1,202,532 (4,896) 106 WWTP Solar System (DS, June 30) 06/30/33 4.000% 4.000% $ 1,231,829 $ 1,231,829 - -
-
Total City Held Investments $ 135,797,643 $ 138,178,724 $ 2,381,082
City of Yuba City Investment Report
Investments Held By Trustees
Description of Maturity Coupon Yield Estimated Unrealized No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss) 107 2013 Water Rev COP Debt Service Blackrock T-Fund Daily 3.640% 3.640% $ 2,086 2,086 - 108 Interest Blackrock T-Fund Daily 0.000% 0.000% 0 0 - 109 TABs Refunding - 2015 Debt Service Blackrock T-Fund Daily 3.640% 3.640% 2,680 2,680 - 110 Interest Blackrock T-Fund Daily 3.640% 3.640% 32,515 32,515 - 111 Interest Blackrock T-Fund Daily 0.000% 0.000% - - - 112 Principal Blackrock T-Fund Daily 0.000% 0.000% - - - 113 Reserve Blackrock T-Fund Daily 4.000% 4.000% 110,223 110,223 - 114 Reserve Assured Guaranty Daily 0.200% 0.000% 1,870,568 1,870,568 - 115 Reserve Blackrock T-Fund Daily 3.640% 3.640% 484,939 484,939 - 116 Gauche Park Refunding - 2015 Debt Service Blackrock T-Fund Daily 3.640% 3.640% 948 948 - 117 Debt Service Blackrock T-Fund Daily 0.000% 0.000% - - - 118 Reserve Assured Guaranty Daily 0.000% 0.000% 650,031 650,031 - 119 CFD Refund 2015 Debt Service Blackrock T-Fund Daily 3.630% 3.630% 231 231 - 120 Reserve Blackrock T-Fund Daily 3.640% 3.640% 46,323 46,323 - 121 I-Bank Paymnt Blackrock T-Fund Daily 3.640% 3.640% 117 117 - 122 Wastewater Revenue Bonds (CREBS) - 2017 Bond Blackrock T-Fund Daily 3.640% 3.640% 664 664 - 123 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 0.000% 0.000% - - 124 Bond Blackrock T-Fund Daily 0.000% 0.000% 1,813 1,813 125 Project First Am Treas Obl Daily 3.360% 3.360% 22,703 22,703 Total Trustee-Held Investments $ 3,225,840 $ 3,225,840 $ - TOTAL CITY & TRUSTEE-HELD INVESTMENTS $ 139,023,483 $ 141,404,565 $ 2,381,082 Signed: Date:
Diona Pope, City Treasurer
/s/ Diona Pope 2/6/2026
December 2025
I certify to the best of my knowledge: (i) That this statement reflecting all City investments is accurate and complete; (ii) That each investment conforms with the City's investment policies, as well as California's Government Code; and (iii) That sufficient cash flow liquidity is available to meet the next six months of estimated disbursements.
Balance Balance Period
Account Types 9/30/2025 12/31/2025 Activity
City Held Investments
Local Agency Investment Fund $ 7,859,914 $ 7,172,291 $ (687,622) California Asset Management Program 28,896,348 29,196,081 299,734 Cash/Money Market 8,996,725 8,814,989 (181,736)
Federal Agency Securities 10,198,663 10,198,663 0
US Treasuries 59,562,953 59,562,953 0
Certificates of Deposit 1,066,512 1,066,512 0
Corporate Bonds and Asset Backed Sec. 18,884,677 18,884,677 0 City-held Assessment Districts & Municipals 1,367,225 1,367,225 0 Supranationals - - 0
Total City Held Investments $ 136,833,017 $ 136,263,392 $ (569,625) Trustee Held Investments
Water Refunding 2013 $ 1,767 $ 2,086 $ 319
TABs Refunding - 2015 2,494,541 2,500,925 6,384
Gauche Park Refunding 650,864 650,979 115
Sunsweet CFD Refund 46,195 46,671 476
Wastewater Revenue Bonds - 2017 497 664 167
Wastewater Revenue Bonds - 2018 23,795 24,516 721
Total Trustee Held Investments 3,217,660 3,225,840 $ 8,181 Total $ 140,050,676 $ 139,489,232 $ (561,444)
City of Yuba City - Quarterly Investment Transaction Report December 2025 - Market Value Summary
Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis Discover Card (DCENT 2022-A4 A) 10/15/25 10/15/27 10/15/25 Pay Down 5.030% 5.030% 239,969 Carmax Auto Owners Trust 10/15/25 04/15/27 10/15/25 Pay Down 3.970% 3.970% 8,520 Mercedes Benz Auto Receivables Trust 10/15/25 08/16/27 10/15/25 Pay Down 5.210% 5.210% 13,617 Nissan Auto Receivables Owners Trust 10/15/25 05/17/27 10/15/25 Pay Down 4.460% 4.460% 7,496 Toyota Auto Receivables Owners Trust 10/15/25 09/15/26 10/15/25 Pay Down 2.930% 2.930% 3,115 United Health Group Corp Notes 10/15/25 10/15/25 10/15/25 Matured 5.150% 5.150% 69,994 National Rural Med Term Notes 10/30/25 10/30/25 10/30/25 Matured 5.450% 5.500% 64,913 Toyota Auto Receivables Owners Trust 11/17/25 09/15/26 11/17/25 Call 2.931% 2.931% 81 Carmax Auto Owners Trust 11/17/25 04/15/27 11/15/25 Pay Down 3.970% 3.970% 8,372 Mercedes Benz Auto Receivables Trust 11/17/25 08/16/27 11/15/25 Pay Down 5.210% 5.210% 12,665 Nissan Auto Receivables Owners Trust 11/17/25 05/17/27 11/15/25 Pay Down 4.460% 4.460% 6,976 US Treasury Notes 12/31/25 12/31/25 12/31/25 Matured 2.625% 4.834% 526,176 Amazon Com Inc Corp Bonds 12/01/25 12/01/25 12/01/25 Matured 4.600% 4.600% 624,963 Bristol Myers Squibb Corp Bonds 12/04/25 02/20/28 12/04/25 Call 3.900% 4.930% 149,038 Carmax Auto Owners Trust 12/15/25 04/15/27 12/15/25 Pay Down 3.970% 3.970% 7,611 Mercedes Benz Auto Receivables Trust 12/15/25 08/16/27 12/15/25 Pay Down 5.210% 5.210% 10,673 Nissan Auto Receivables Owners Trust 12/15/25 05/17/27 12/15/25 Pay Down 4.460% 4.460% 6,132 US Treasury Notes 12/31/25 12/31/25 12/31/25 Matured 0.375% 0.728% 368,965 2,129,274
US Treasury Notes RBS Securities Inc 10/01/25 02/28/30 09/30/25 Buy 4.000% 3.717% 632,131 US Treasury Notes Morgan Stanley & Co LLC 10/01/25 09/15/28 09/30/25 Buy 3.375% 3.625% 620,656 Ally AutoReceivables Trust Barclays Capital Inc 10/16/25 03/15/30 10/07/25 Buy 3.960% 3.830% 184,974 US Treasury Notes JP Morgan Securities LLC 11/07/25 01/31/30 11/05/25 Buy 4.250% 3.760% 2,728,813 US Treasury Notes BMO Capital Markets 11/07/25 03/31/26 11/05/25 Buy 4.500% 3.980% 1,152,875 Pfizer Inc Senior Notes Bank of America Securities Inc 11/24/25 11/15/30 11/21/25 Buy 4.200% 4.060% 1,204,620 Meta Platforms Inc DBSI/Fixed Income 11/24/25 11/15/30 11/21/25 Buy 4.200% 4.040% 1,207,428 US Treasury Notes BMO Capital Markets 11/24/25 02/29/28 11/21/25 Buy 4.000% 3.480% 2,276,809 US Treasury Notes Morgan Stanley & Co LLC 12/31/25 12/15/28 12/29/25 Buy 3.500% 3.779% 699,893 Total Purchases $ 10,708,199
Investment Activity
October, November, December 2025
SALES/REDEMPTIONS
Total Sales/Redemptions
PURCHASES
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk and Brynda Stranix, YSEDC District Director Summary
Subject: Yuba-Sutter Economic Development District 2025 CEDS Annual Performance Report, Appendix 1 Public Works Projects, and the 2026 Annual Update of the 2025-2030 CEDS Document
Recommendation: Adopt a Resolution approving the Yuba-Sutter Comprehensive Economic Development Strategy (CEDS) 2025 Annual Performance Report, updated Appendix I Public Works Projects, and 2026 Annual Update to the 2025-2030 CEDS document and authorize its submittal to the United States Department of Commerce, Economic Development Administration
Fiscal Impact: None
Purpose:
To receive the 2025 CEDS Annual Performance Report, Appendix 1 Public Works Projects, and the 2026 Annual Update of the 2025-2030 CEDS Document.
Council's Strategic Goal:
This item aligns with the City Council's strategic goal of being business-friendly.
Background:
This Comprehensive Economic Development Strategy (CEDS) is the result of a local planning process designed to guide the economic growth of the Yuba-Sutter region. The CEDS process helps create jobs, foster a more stable and diverse economy, and improve living conditions. It provides a mechanism for coordinating the efforts of individuals, organizations, local governments, and private industry concerned with economic development.
An annual CEDS Performance Report and an annual update to CEDS 5-Year document are required to qualify for U.S. Department of Commerce, Economic Development Administration (EDA) assistance under its public works, economic adjustment, and most planning programs.
These documents represents the goals and objectives of the Yuba-Sutter Economic Development District which is comprised of Yuba and Sutter Counties and the cities of Marysville, Live Oak, Wheatland, and Yuba City.
Analysis:
The CEDS process is a continuing economic development planning process, developed with broadbased and diverse community participation. Included in the packet is the Yuba-Sutter Comprehensive Economic Development Strategy (CEDS) 2025 Annual Performance Report, updated Appendix I Public Works Projects, and 2026 Annual Update to the 2025-2030 CEDS document:
• Listing of CEDS Committee Members and Staff
• Adjustment to the Strategy and comparative review of regional performance in labor force, unemployment, per capita personal income, average wages, number of establishments and gross domestic product.
• A performance metrics comparison 2024 versus 2025 in employment/workforce, economic performance and education attainment.
• Evaluation of progress on goals and tactics as identified in the CEDS document. • A report on economic development activities of YSEDC
• Also provided are the following updates to the following appendices:
1. Appendix I, Public Works Projects: This list of projects identifies needs of the region and reflects the goals of the CEDS.
The 2025 CEDS Annual Performance Report reflects how the specific challenges and opportunities of the Yuba-Sutter Economic Development District were addressed and assesses the state of the regional economy, the opportunities and threats posed by external trends and forces and the progress made toward achieving regional vitality and sustainability.
Data and information for the 2025 CEDS Annual Performance Report was collected from a variety of sources which included a survey to 86 community implementation partners from both public and private sectors, U.S. Census Bureau, U.S. Bureau of Labor Statistics, California Employment Development Department and American Community Survey.
The report shows a positive forward progress to achieving the Yuba-Sutter regional vision to foster a vibrant, prosperous and Growing Yuba—Sutter region through exceptional leadership and involvement of the community.
The 2025-2030 Comprehensive Economic Development Strategy and appendices are available for review at: https://www.chooseyubasutter.com/strategy
Fiscal Impact:
None
Alternatives:
Do not approve the 2025 CEDS Annual Performance Report, updated Appendix I Public Works Projects, or the Annual Update to the 2025-2030 CEDS document.
Recommendation:
Adopt a Resolution approving the Yuba-Sutter Comprehensive Economic Development Strategy (CEDS) 2025 Annual Performance Report, updated Appendix I Public Works Projects, and 2026 Annual Update to the 2025-2030 CEDS document and authorize its submittal to the United States Department of Commerce, Economic Development Administration.
Attachments:
1. YSEDC 2025 CEDS Resolution
2. 2025 CEDS Performance and Update Report
3. Appendix I Yuba Sutter Public Works Projects 2025
4. 2026 CEDS Document Annual Update
Prepared By: Submitted By:
Brynda Stranix
YSEDC District Director
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING THE YUBA-SUTTER COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY (CEDS) 2025 ANNUAL PERFORMANCE
REPORT, UPDATED APPENDIX I PUBLIC WORKS PROJECTS, AND 2026 ANNUAL UPDATE TO THE 2025-2030 CEDS DOCUMENT AND AUTHORIZE
ITS SUBMITTAL TO THE UNITED STATES DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION
WHEREAS, U.S. Department of Commerce, Economic Development Administration (EDA) requires the preparation and adoption of a Comprehensive Economic Development Strategy (CEDS) by the local Comprehensive Economic Development Strategy Committee to contain public works projects approved by County of Sutter, the CEDS Committee, Yuba-Sutter Economic Development District and EDA prior to consideration of federal funding of said public works projects; and
WHEREAS, the CEDS Committee began preparation of the required 2025 CEDS Annual Performance Report in September 2025, approved and adopted said document October 27, 2025; and
WHEREAS, the CEDS Committee began preparation of the required 2025-2026 CEDS Appendix I Public Works Projects update in September 2025, and approved and adopted said document October 27, 2025; and
WHEREAS, the CEDS Committee began preparation of the required 2025-2030 CEDS Document in November 2025, approved and adopted said document January 8, 2026; and WHEREAS, said action also directed the CEDS 2025 Annual Performance Report, and updates of Appendix I Public Works Projects, and the 2025-2030 CEDS document annual update be submitted to Sutter County Board of Supervisors for its review and action; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Yuba City, after reviewing said documents, hereby approves the CEDS 2025 Annual Performance Report, and updates of Appendix I Public Works Projects, and the 2026 Annual Update to the 2025- 2030 CEDS document and authorizes its submittal to the Economic Development Administration.
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 February 17, 2026 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Marc Boomgaarden, Mayor
ATTEST:
______________________
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
__________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
YUBA-SUTTER ECONOMIC
DEVELOPMENT DISTRICT
2025 ANNUAL
PROGRESS
PERFORMANCE
REPORT
ABSTRACT
The Annual Progress Performance
Report for 2025 analyzes the YubaSutter region’s current economic conditions and serves as an update on
the region’s progress toward reaching
regional goals and objectives. This
report covers a period from January 1
through September, 2025
i
2025 Annual Progress Performance Report
EDA Investment #22SEAOGO151
Introduction
Yuba-Sutter Economic Development Corporation (YSEDC), established in 1994 to support economic development efforts, is organized as a nonprofit private corporation governed by a 23-member board of directors. The corporation represents business interests of both public and private sectors within the Yuba City Metropolitan Statistical Area.
The corporation was designated as an Economic Development District (EDD) by the U.S. Department of Commerce, Economic Development Administration (EDA) in 1996. Yuba‐Sutter Economic Development District (YSEDD) is synonymous with Yuba‐Sutter Economic Development Corporation (YSEDC). The district comprises the counties of Sutter and Yuba and the cities of Live Oak, Marysville, Wheatland, and Yuba City. The region is referred to as the Yuba City Metropolitan Statistical Area (MSA) as defined by U.S. Office of Management and Budget and used by the U.S. Census Bureau and other U.S. government agencies for statistical purposes. The U.S. Department of Commerce Economic Development Administration provides financial assistance to designated districts for the purpose of developing an Economic Development Strategy and provides funding, in part, for community development planning designed to assist in alleviating economic distress and unemployment.
The Comprehensive Economic Development Strategy (CEDS) document is a significant component of remaining a designated EDD. YSEDC updates the region’s CEDS and submits a performance report annually. The CEDS document and appendices can be found on YSEDC’s website:
https://www.chooseyubasutter.com/strategy
Yuba-Sutter Economic Development Corporation is pleased to submit its 2025 CEDS Progress Performance Report to the EDA.
ii
Table of Contents
Introduction...........................................................................................................................................................i 2025 Annual Performance Report........................................................................................................................1 Executive Summary...........................................................................................................................................1 CEDS Committee...............................................................................................................................................3 Adjustment to Strategy.........................................................................................................................................4 Regional Overview............................................................................................................................................5 Regional Labor Force 2016-2025 ......................................................................................................................5 Unemployment.................................................................................................................................................5 Per Capita Personal Income..............................................................................................................................5 Average Wages.................................................................................................................................................6 Establishments..................................................................................................................................................6 Cost-of-Living Index ..........................................................................................................................................6 Gross Domestic Product ...................................................................................................................................7 Performance Measures.........................................................................................................................................7 Performance Metrics........................................................................................................................................7 Evaluation of Progress on Goals and Tactics ........................................................................................................8 Vision ................................................................................................................................................................8 Goals and Accomplishments in 2025....................................................................................................................8 Goal 1 – Innovation & Economic Development................................................................................................9 Goal 2 – Workforce and Education.................................................................................................................10 Goal 4 – Quality of Life and Place ...................................................................................................................16 Economic Disaster, Recovery and Resiliency......................................................................................................21 Report on Economic Development Activities.....................................................................................................22 Schedule of Goals - YSEDC ..................................................................................................................................25 Schedule of Goals - Region .................................................................................................................................25